justice system
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2022 ◽  
Vol 44 ◽  
pp. 101266
Author(s):  
Annie Carter ◽  
Amanda Butler ◽  
Melissa Willoughby ◽  
Emilia Janca ◽  
Stuart A. Kinner ◽  
...  

Author(s):  
Cristina R. Córdoba ◽  

At present, secondary victimization of sexual violence is very common and it has negative effects to the victims. Secondary victimization raises the issues of the victims and it originates others. This victimization often associates with justice system but it may create by society, victims’ close environment and mass and social media. The primary objective of that research is to establish secondary victimization’s characteristics in the last years and its linkage with genre stereotypes about victims’ behavior before, during and after sexual violence. These stereotypes are the same in the different countries. In the current study, they assessed 10 cases using news, declarations, videos and sentences.


2022 ◽  
Vol 4 (1) ◽  
pp. 1-31
Author(s):  
Damos Christian Aritonang, Syafrudin Kalo, M. Hamdan, Mahmud Mulyadi

The filing of cases begins with the Minutes of Examination (BAP). In making the Minutes of Investigation, both Witnesses and Suspects, for Investigators it is often difficult because the number of cases handled makes the Investigator not focus on revealing and making light of a criminal act. Not to mention, in the interrogations (also called "Interrogations"), also misinterpreted by the Investigator. This makes the Integrated Criminal Justice System (ICJS) not work, because of the piling up of cases at the level of examination or investigation. The Minutes of Examination as the start of law enforcement, the concept of Minutes of Examination now is no longer feasible to be maintained. Advanced investigative and interrogation techniques are needed. In this case, using audio-visual recordings in examinations and investigations. Audio-visual recordings can be done in a room at the Police Station. So, both investigators and investigators can directly examine witnesses or suspects as freely as the questions asked. Likewise, with witnesses or suspects as being questioned, they can answer freely as far as they know, see, hear, or experience them themselves. Also, the investigator as an examiner can see playing back the audio-visual recording to be examined and displayed/exhibited at the case title conducted.


2022 ◽  
Vol 7 (1) ◽  
pp. 43-58
Author(s):  
Mohd Safri Mohammed Na’aim ◽  
Ramalinggam Rajamanickam ◽  
Rohaida Nordin

Background and Purpose: Under the criminal justice system, the burden lies on the prosecution to prove the guilt of the accused. It is worth noting that a criminal trial is not one-sided; it also allows the accused to raise his defence to prove his innocence. The research aims to analyse the right of the accused to raise a defence and when the defence should be raised in a criminal trial process in Malaysia.   Methodology: This research adopts a legal research approach involving a detailed analysis of the relevant legal provisions, case law and scholarly writing related to this area.   Findings: The research found that the Criminal Procedure Code (CPC) (Act 593) is silent as to when the defence should be raised. That being said, with reference to the Supreme Court’s case of Lin Lian Chen v. Public Prosecutor [1992] 1 CLJ 285 (Rep), the accused should introduce his defence at the earliest stage as possible. Failing this may give rise to the presumption that the defence raised was a mere invention. Although the principle has been regarded as a law in raising defence, there are still cases where the accused did not present the defence at an earlier stage.   Contributions: This research contributes to the corpus of legal knowledge of criminal defence, particularly on raising criminal defence in a criminal trial with the aim of providing better protection for the accused in the criminal justice system. Keywords: Criminal justice system, criminally liable, defence, right of the accused, & criminal trial.   Cite as: Mohammed Na’aim, M. S., Rajamanickam, R., & Nordin, R. (2022). The right of an accused to defence under the criminal justice system in Malaysia. Journal of Nusantara Studies, 7(1), 43-58. http://dx.doi.org/10.24200/jonus.vol7iss1pp43-58


2022 ◽  
Author(s):  
Jennifer Sansalone

This major research paper outlines the relationship between minorities in Canada and their experience with wrongful convictions, highlighting the cases of Mi'Kmaq male Donald Marshall Junior and Black male Leighton Hay. It highlights systemic racism embedded in the criminal justice system, the communities where both men resided in. It highlights the differences in experiences by both Indigenous and Black people and similarities in their negative experience with the justice system through their wrongful conviction, due to their status as minorities.


2022 ◽  
Author(s):  
Jennifer Sansalone

This major research paper outlines the relationship between minorities in Canada and their experience with wrongful convictions, highlighting the cases of Mi'Kmaq male Donald Marshall Junior and Black male Leighton Hay. It highlights systemic racism embedded in the criminal justice system, the communities where both men resided in. It highlights the differences in experiences by both Indigenous and Black people and similarities in their negative experience with the justice system through their wrongful conviction, due to their status as minorities.


PLoS ONE ◽  
2022 ◽  
Vol 17 (1) ◽  
pp. e0261512
Author(s):  
Jessica T. Simes ◽  
Jaquelyn L. Jahn

Background & methods National protests in the summer of 2020 drew attention to the significant presence of police in marginalized communities. Recent social movements have called for substantial police reforms, including “defunding the police,” a phrase originating from a larger, historical abolition movement advocating that public investments be redirected away from the criminal justice system and into social services and health care. Although research has demonstrated the expansive role of police to respond a broad range of social problems and health emergencies, existing research has yet to fully explore the capacity for health insurance policy to influence rates of arrest in the population. To fill this gap, we examine the potential effect of Medicaid expansion under the Affordable Care Act (ACA) on arrests in 3,035 U.S. counties. We compare county-level arrests using FBI Uniform Crime Reporting (UCR) Program Data before and after Medicaid expansion in 2014–2016, relative to counties in non-expansion states. We use difference-in-differences (DID) models to estimate the change in arrests following Medicaid expansion for overall arrests, and violent, drug, and low-level arrests. Results Police arrests significantly declined following the expansion of Medicaid under the ACA. Medicaid expansion produced a 20–32% negative difference in overall arrests rates in the first three years. We observe the largest negative differences for drug arrests: we find a 25–41% negative difference in drug arrests in the three years following Medicaid expansion, compared to non-expansion counties. We observe a 19–29% negative difference in arrests for violence in the three years after Medicaid expansion, and a decrease in low-level arrests between 24–28% in expansion counties compared to non-expansion counties. Our main results for drug arrests are robust to multiple sensitivity analyses, including a state-level model. Conclusions Evidence in this paper suggests that expanded Medicaid insurance reduced police arrests, particularly drug-related arrests. Combined with research showing the harmful health consequences of chronic policing in disadvantaged communities, greater insurance coverage creates new avenues for individuals to seek care, receive treatment, and avoid criminalization. As police reform is high on the agenda at the local, state, and federal level, our paper supports the perspective that broad health policy reforms can meaningfully reduce contact with the criminal justice system under historic conditions of mass criminalization.


2022 ◽  
pp. 1-18
Author(s):  
Yergali Adlet ◽  
Dzhansarayeva Rima ◽  
Maral Akbolatova ◽  
Zhanibekov Akynkozha ◽  
Kevin M. Beaver

2022 ◽  
pp. 088626052110675
Author(s):  
Alexa Sardina ◽  
Nicole Fox

Over the past two decades, America taken part of a broader global trend of “memorial mania” in which memorials dedicated to remembering injustice have exploded into public space. Memorials that facilitate the centering of marginalized narratives of violence hold significant power for social change. This article focuses on one such space: The Survivors Memorial in Minneapolis, Minnesota. The Survivors Memorial opened in October 2020 and is the first public memorial honoring survivors of sexual violence. Despite the progress of the anti-rape and feminist movements as well as a variety of legal interventions designed to address sexual violence and empower, many survivors are left without a sense of justice or institutional or community recognition. Drawing on 21 in-depth, qualitative interviews with individuals involved in all aspects of the memorial project, this article documents how one community mobilized to create a space for survivors whose voices are often overlooked, disbelieved and silenced by the criminal justice system, practitioners, and communities. In focusing on how participants narrate the significance and meaning of the Survivors Memorial, this article uncovers how social, political, and local circumstances coalesced to make the Memorial possible. These factors include local leadership, the prevalence of sexual violence, the unique structure of the Minneapolis park structure, and the rise of the #MeToo movement. Interviews illuminate that participants worked to intentionally construct the Memorial as an accessible and visible space that centers on providing all sexual violence survivors with public acknowledgment of their experiences, while simultaneously engaging community members in dialogs about sexual violence, ultimately, laying the foundation for sexual violence prevention efforts.


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