INVESTIGATIVE SITUATIONS OF INTERROGATION OF A VIOLENT CRIMINAL DEFENDANT

The article examines the problems of the tactics of interrogating the defendant when the court considerscriminal cases of violent crimes against the person. The urgency of such a study is substantiated. Theimportance of the interrogation of the defendant in the establishment by the court of the circumstances ofthe criminal event in question is noted. Typical situations of judicial investigation are determined, dependingon the position of the defendant. The differences of such situations from investigative situations emerging atthe stage of preliminary investigation are revealed. The features of investigative situations of interrogation ofthe defendant, their significance for the construction of the tactics of the judicial investigation are considered.The peculiarities of the formation of the testimony of the defendant during the judicial examination ofcriminal cases of violent crimes, the factors influencing their formation are revealed. Highlighted the typicalversions put forward by the defense when the court is considering criminal cases of violent crimes. Tacticalrecommendations for organizing the interrogation of the defendant are formulated, the circumstancesthat require clarification during interrogation are indicated, tactical techniques that can be used by theprosecution to ensure the effectiveness of the interrogation are determined.

Under a Microscope? Show Them the Data

Judges realize that each criminal defendant who appears for a sentencing is a unique individual, with his or her own peculiar background, experience, and motives. The overriding purposes of our sentencing decisions are to fairly punish the offender and protect the public. For years, there has been no accurate way to study the data generated by sentencing decisions, even by judges. Yet statistics have always existed, and studies have sometimes made unscientific and unsubstantiated claims of disparity and unfairness in sentencing. I was proud to volunteer my county to be a part of an effort to maintain confidence in the judiciary. Allen County is a medium-size county with all the types of criminal cases seen in smaller and larger counties. My court system is neither so big as to make the data collection experiment untenable, nor so small as to make the project too easy. The data platform project is a marriage of two separate disciplines: the judiciary and technology. This is an opportunity to be a part of something important and innovative that will help promote public confidence in the independence, integrity, and impartiality of the judiciary. In the end, my hope is that the data collected will make me and my colleagues better judges and restore any lost confidence in the integrity of what we do.

Affecting Legislative Change From the Judicial Perspective

This chapter will discuss how to use established social justice advocacy methodology to attempt to affect legislative change. The chapter summarizes an appropriate established methodology through reviewing two relevant academic texts on the subject. It discusses each major step in the process, identifying areas or issues more relevant to the criminal justice context. Throughout, the chapter offers specific examples from an actual attempt at affecting legislative change using this methodology. These examples come from an attempt in 2013 in Georgia to get a bill introduced to the Georgia General Assembly amending the language of the statute authorizing the seeking and imposition of the death penalty in criminal prosecutions within the state. Specifically, the proposed bill lowered the standard of proof a criminal defendant is required to meet to establish intellectual disability, and thus ineligibility to receive a death sentence upon a finding of guilt.

Being a Disadvantaged Criminal Defendant: Mistrust and Resistance in Attorney-Client Interactions

Researchers have documented the power of legal officials to administer sanctions, from arrest to court surveillance and incarceration. How do those subject to punishment interact with officials and attempt to subvert their power? Drawing on interviews and ethnographic observations among 63 criminal defendants and 42 legal officials in the Boston-area court system, this article considers how socioeconomically and racially disadvantaged defendants interact with their defense attorneys, and with what consequences. Given racialized and classed constraints, many disadvantaged defendants mistrust their court-appointed lawyers. Their mistrust often results in withdrawal from their lawyers and active efforts to cultivate their own legal knowledge and skills. Defendants use their lay legal expertise to work around and resist the authority of their lawyers. Defense attorneys and judges respond with silencing and coercion, given the unwritten norms and rules of the court. These findings complicate existing accounts of disadvantaged defendants as passive actors and contribute to cultural sociological and relational theories of how people engage with professionals across institutional spaces. Unlike in mainstream institutions such as schools and hospitals where self-advocacy is rewarded in interactions, criminal court officials reject disadvantaged defendants’ attempts to advocate for themselves.

Analysis of Judicial Application of Criminal Penalty Against Notary / Land Deed Officials Conducting Making Crime of the Fake Authentic Deed in State Court of Semarang

The purpose of this study was to: 1) analyze the application of criminal penalty against Notary / PPAT in the crime of counterfeiting deed on the Case In State Court of Semarang. 2) Analyze the legal consequences of the Notary / PPAT penalized following criminal of fake deed as object case in court on a lawsuit in State Court of Semarang. The approach in this research is normative juridical that while the data used in this research primary data, secondary data and data that can support tertiary study, which was then analyzed by descriptive analytical method.Based on the results of data analysis concluded that: 1) The application of criminal law to the Notary / PPAT in the crime of falsification of the authentic deed in case Criminal judges are viewed from the indictment, formally defendant has fulfilled the elements formulation in forgery and materially to hear and see information from the defendant, the witnesses and the evidence presented in the trial and have sufficient minimum of two (2) valid evidence, the defendant was found guilty and convincingly to have committed the crime of falsification of the authentic Article 264 of the criminal Code in conjunction with Article 55 (1) e of the criminal Code that is alleged to defendant ,2) The legal consequences of the Notary / PPAT sanctioned criminal in the crime of counterfeiting authentic deed along with the deed that made the object of a case in court on the case Criminal defendant Notary / PPAT sentenced to prison with a prison sentence and All certificates issued by the defendant Notary / PPAT canceled in favor law.Keywords: Criminal Penalty; Notary / PPAT; Authentic Deed.

Examining the Association Between the MMPI-2-RF Triarchic Psychopathy Scales and Suicidality in a Criminal Defendant Sample

Prior research has shown that psychopathic personality traits are differentially related to suicide risk, and limited literature also suggests the potential that such risk manifests differently across sex. The current study sought to examine whether sex moderated associations between domains from the triarchic model of psychopathy, a comprehensive perspective of psychopathy, and various suicide variables. Our sample included 1,064 criminal defendants (760 males, 304 females), who had been administered the MMPI-2-RF, from which triarchic psychopathy scales were scored. Suicide-related variables, including current suicidal ideation during interview, history of previous suicide attempts, and number of previous suicide attempts, were reliably obtained from clinical records. The MMPI-2-RF SUI (Suicide/Death Ideation) scale was also examined as a psychometric operationalization of suicidality. Results provided evidence for the general association between psychopathy-related traits and suicide-related outcomes in a manner consistent with the literature. However, these associations did not differ as a function of sex.

The mutable defendant: from penitent to rights-bearing and beyond

Contemporary criminal justice is premised on a rights-bearing defendant safe-guarded by due process from arbitrary state punishment. The paucity of academic commentary on the role of the criminal defendant suggests that there is a common assumption that the role is static. However, the rights-bearing defendant is a relatively new concept. Through a legal history analysis, this paper demonstrates that the defendant's role can mutate in response to pressures placed on the criminal trial. Broadly, there have been three conceptualisations of the defendant: the penitent Anglo-Norman defendant; the advocate defendant of the jury trial; and the rights-bearing adversarial defendant. Importantly, the shift from one conceptualisation to another has occurred gradually, often without commentary or conscious effort to instigate change. There are many contemporary pressures that could be impacting on the rights-bearing defendant. The concept of a mutable defendant provides a new theory through which to analyse these pressures. This paper considers the introduction of adverse inferences regarding the right to silence and disclosure, and the rise of ‘digilantism’. These new pressures, it is suggested, help to facilitate a rhetoric of deservingness that goes against the rights-bearing defendant and raises the risk its role could once again be mutating.