Submission of Copy of Determination Order Regarding The Provisional Discontinuation of Civil Servants

Law Number 5 of 2014 concerning State Civil Apparatus stipulates that Civil Servants (PNS) who are detained because they are designated as criminal suspects are temporarily dismissed as PNS, but Law Number 8 of 1981 concerning the Criminal Procedure Code (KUHAP) only requires that a copy of the warrant for further detention or detention or a judge's decision be given to the family of the suspect. This study aims to determine and explain the impact of the absence of provisions in the Criminal Procedure Code regarding copies of detention orders to the Civil Service Supervisory Officer on the temporary dismissal of Civil Servants who are detained because they are designated as suspects. The approach method used in this research is normative juridical. The results of this study indicate that the absence of provisions in the Criminal Procedure Code regarding copies of detention warrants to Civil Service Supervisors related to Civil Servants who are detained because they are designated as suspects causes the issuance of Temporary Dismissal Decrees is often late.

How Trauma May Magnify Risk of Involuntary and False Confessions Among Adolescents

Empirical research on police interrogation has identified both personal and situational factors that increase criminal suspects’ vulnerability to involuntary, unreliable, or false confessions. Although trauma exposure is a widely documented phenomenon known to affect adolescents’ perceptions, judgments, and behaviors in a wide array of contexts (especially stressful contexts), trauma history remains largely unexamined by interrogation researchers and virtually ignored by the courts when analyzing a confession. This article argues that trauma may operate as an additional personal risk factor for involuntary and false confessions among adolescents by generating both additive and interactive effects beyond youths’ general, developmentally-driven vulnerabilities in police interrogations. First, we briefly review adolescent trauma symptomatology, emphasizing the heterogeneity of adolescents’ responses to trauma. Next, using Leo and Drizin’s (2010) “Three Errors” framework of police-induced false confessions, we systematically apply clinical findings to each of the three police errors—misclassification, coercion, and contamination—to outline the psychological mechanisms through which adolescents with trauma histories may be at increased risk for making involuntary or unreliable statements to police. Finally, we offer considerations for interrogation research, clinical forensic practice, police practices, and courtroom procedures that could deepen our understanding of trauma’s role in the interrogation room, improve the integrity of investigative and adjudicatory processes, and ultimately promote justice for adolescent suspects with trauma exposure.

Study of the concept of detention in theater’s Jean -Paul Sartre

The two plays, No Exit and The Condemned of Altona, are works of modern French theater. The author presents the detainee’s suffering and his relationship with others within a specific reality and time circumstance. In the first chapter, we review the play of a closed session and the story of three criminal suspects living their fate after death in Hell in a strange and unimaginable atmosphere. As for the play the Condemned of Altona, the writer portrays the tragedy of a generation of young people after World War II as they live the tragedy of their actions that they took against humanity during the war. In the second chapter, we examine the study of the pre-detention period and the world of memories, in order to reach the reality of the events separating the detainee between his past and present, once with himself and the other with others. In the third chapter, we examine the detention between illusion and reality, and that the detainee in theater’s Sartre is nothing but confined to others' view of what he is doing and how voluntary detention will ultimately be the existential act. And how that encourages the individual to make conscious choice embodied in personal freedom to commit and acknowledge his actions to the end of his life.

Using At-Home DNA Tests for Criminal Investigations – A Call for a Collective Approach to Investigative Genetic Genealogy

"Tens of millions of people worldwide have taken a commercial at-home DNA test out of interest in their genetic ancestry, disease risks, cilantro taste aversion, or athletic performance capacities. Yet, this consumer DNA data is also of interest to law enforcement: the data can be used to identify criminal suspects. By uploading a genetic profile from an unknown suspect, found at the crime scene, to a database with consumer’s genetic data, one could find a distant relative of the suspect. Through the mapping of this relative’s family tree, police can eventually zero in on the actual perpetrator. However, this investigative genetic genealogy (IGG) raises ethical concerns. In this presentation, I aim to contribute to the bioethical analysis of IGG by exploring the limitations of an individual-based model for IGG. I discuss two ethical concerns of IGG: privacy and informed consent. However, I argue that IGG raises specific ethical challenges that extend beyond these two autonomy-related concepts. Because of the far-reaching scope to identify even very distant relatives, IGG could identify a vast majority of a target population, thus making it also a collective issue. I explore how the ethical approach of individual consent and relatives in the biomedical genetic context can be helpful for the debate on IGG. Additional ethical concerns arise from the international, transgenerational, and commercial nature of IGG. I call for a more collective approach to IGG in the ethical debate. "

Automated facial recognition and policing: a Bridge too far?

Automated facial recognition (AFR) is perhaps the most controversial policing tool of the twenty-first century. Police forces in England and Wales, and beyond, are using facial recognition in various contexts, from evidence gathering to the identification and monitoring of criminal suspects. Despite uncertainty regarding its accuracy, and widespread concerns about its impact on human rights and broader social consequences, the rise of police facial recognition continues unabated by law. Both the Government and the domestic courts were satisfied that police use of this technology is regulated adequately by existing statutory provisions regulating the processing of data and police surveillance generally. That is, until the recent judgment of the Court of Appeal in R (Bridges) v Chief Constable of South Wales Police and Others [2020] EWCA Civ 1058, where it was held that the respondent's use of AFR was unlawful. This paper provides an analysis of AFR, reflecting on the outcome of that case and evaluates its nuanced findings. We suggest that the judgment leaves considerable room for police AFR to continue with only minor, piecemeal amendment to the legal framework. Drawing on comparative experience and relevant socio-legal scholarship, we argue that the relatively unfettered rise of police facial recognition in England and Wales illuminates deeper flaws in the domestic framework for fundamental human rights protection and adjudication, which create the conditions for authoritarian policing and surveillance to expand.

Systematic Recurrence of Murders and Disappearances in Democratic Brazil

In the post-transition period, Brazil has experienced extremely high levels of lethal violence, perpetrated by both criminal groups and public security forces, which has primarily targeted poor black youths. Despite this high level of violence in a democracy, state agencies persist in their failure to carry out effective measures to reduce and prevent systematic death and disappearance, and to investigate and prosecute homicides and disappearances that victimise this population. Evidence of summary execution and enforced disappearance, moreover, indicate that the Brazilian state is also responsible for a significant portion of these crimes. In response, public authorities have recently adopted a public discourse of crime prevention that exempts police from being held accountable for killing criminal suspects and even encouraging the murder of those criminal suspects during police operations. This chapter argues that the systematic death and disappearance of these civilian populations may be seen conceptually as a crime against humanity, as defined in the Rome Statute. While prior to 2019 it was possible to argue that the killing of poor black youths constituted a policy of omission, after that year evidence suggests that Brazilian security agents have crossed a threshold into actively committing a systematic crime against humanity against citizens.

"You have the right to remain silent, so why are you talking?" : interrogation rights, decision making, and the availability heuristic

A police interrogation is one mechanism by which a false confession is sometimes obtained, which in turn can lead to a wrongful conviction. Given the severity of this consequence, rights for criminal suspects have been developed to protect the innocent. Unfortunately, the effectiveness of these rights has been called into question, as there is evidence that most people do not fully understand their rights, and the rate at which people choose to waive their rights is extremely high. The current study examined factors relating to people's interpretation of their rights when asked to speak with police. It was found that participants retained their rights at higher rates than expected. In addition, the results indicate that it is possible to affect waiver rates by manipulating the availability of information relating to negative or positive interrogation outcomes. This could have practical implications for how criminal suspects' rights are administered.

"You have the right to remain silent, so why are you talking?" : interrogation rights, decision making, and the availability heuristic

A police interrogation is one mechanism by which a false confession is sometimes obtained, which in turn can lead to a wrongful conviction. Given the severity of this consequence, rights for criminal suspects have been developed to protect the innocent. Unfortunately, the effectiveness of these rights has been called into question, as there is evidence that most people do not fully understand their rights, and the rate at which people choose to waive their rights is extremely high. The current study examined factors relating to people's interpretation of their rights when asked to speak with police. It was found that participants retained their rights at higher rates than expected. In addition, the results indicate that it is possible to affect waiver rates by manipulating the availability of information relating to negative or positive interrogation outcomes. This could have practical implications for how criminal suspects' rights are administered.

PEMBATASAN DIVERSI TERHADAP ANAK YANG MELAKUKAN RECIDIVE

Children are the most valuable treasure, for the family, society and nation. The constitution expressly states in Article 28B paragraph 2 which states that every child has the right to justice and legal protection in their development which is free from violence and discrimination. The explanation of this article is a basic human right that must be fulfilled. At this stage of searching for identity it is influenced by their mentality, so that children sometimes still do not understand whether the action is good or not. Sometimes children are easily affected by situations and conditions around them, especially if the environment is very bad for them. If the child is comfortable, there will be a concern if the child violates the law. Children who are already criminal offenders need a criminal justice system strategy that is to try to minimize intervention in the juvenile criminal justice system. Diversion is a policy carried out to prevent (diversion) the perpetrator from the formal criminal justice system, but there are conditions for diversion, which is not a criminal repetition. The research method used in this study is the normative juridical method. The results obtained are the results of the diversion show that the diversion has not fully had a positive effect on children who are criminal suspects, it is proven that by the recurrence of criminal acts by the suspect.Keywords: child; diversionAbstrakAnak merupakan harta yang paling berharga, bagi keluarga, masyarakat dan bangsa. Konstitusi secara tegas dalam Pasal 28B ayat (2) yang menyatakan Setiap anak berhak mendapatkan keadilan serta perlindungan hukum dalam tumbuh kembangnya yang bebas dari kekerasan dan diskriminasi. Penjelasan dari pasal tersebut merupakan hak asasi anak yang wajib dipenuhi. pada tahapan pencarian jati diri ini dipengaruhi oleh mentalitasnya, sehingga anak terkadang masih belum paham apakah tindakan tersebut baik atau tidak. Terkadang anak mudah terpengaruh oleh situasi dan kondisi di sekitarnya, apalagi jika lingkungan tersebut sangat buruk bagi mereka. Apabila anak sudah nyaman maka akan dikhawatirkan bila anak tersebut melanggar hukumAnak yang terlanjur menjadi pelaku pidana diperlukan strategi sistem peradilan pidana yaitu mengupayakan seminimal mungkin intervensi sistem peradilan pidana anak.Diversi merupakan kebijakan yang dilakukan untuk menghindarkan (Pengalihan) pelaku dari sistem peradilan pidana formal,Tapi terdapat syarat untuk dilakukannya diversi yaitu bukan merupakan pengulangan Pidana. Metode Penelitian yang digunakan dalam penelitian ini adalah metode yuridis normatif. Hasil penelitian yang didapat adalah menunjukkan bahwa diversi belum sepenuhnya memberikan pengaruh positif bagi anak yang menjadi tersangka pidana, hal itu dibuktikan bahwa dengan berulangnya tindak pidana oleh tersangka.