PENYELIDIKAN DAN PENYIDIKAN MENGGUNAKAN TEKNIK INTEROGASI REKAMAN AUDIO VISUAL DALAM PEMBERKASAN PERKARA TINDAK PIDANA PADA POLRESTABES MEDAN

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.

THE RIGHT OF AN ACCUSED TO DEFENCE UNDER THE CRIMINAL JUSTICE SYSTEM IN MALAYSIA

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

Dealing With Radicalised Youth Offenders: The Development and Implementation of a Youth-Specific Framework

Background: In 2018 in the Australian State of New South Wales, a specialist Countering Violent Extremism Unit was established in the youth criminal justice system. This was in direct response to a number of youth below the age of 18 who have been charged for terrorism offences and identified as involved in violent extremist acts. This youth-specific framework was the first of its kind in Australia. It was designed to provide multidisciplinary practitioner-based approaches for the early-identification, diversion, and disengagement of at-risk and radicalised youth offenders.Aims: This paper will explore the experiences and lessons learned by the Youth Justice New South Wales Countering Violent Extremism Unit. It will discuss the relevance of youth radicalisation within Australia's evolving national security climate. This includes emerging trends in relation to youth radicalisation to varied violent extremist ideologies. This paper will explore the specialist approach adopted for preventing and countering violent extremism through the identification, assessment, and case management of at-risk and radicalised youth offenders.Implications: The Youth Justice New South Wales experience indicates that youth criminal justice settings can be designed to tackle the challenges posed by at-risk and radicalised youth. The practitioner experience canvassed in this paper highlights that a pluralistic and non-punitive approach to supervision, client-focused assessment and case management processes, and widespread resourcing of multidisciplinary practitioners and programs can be used to account for developmental and psychosocial vulnerabilities in addition to violent extremism risk factors amongst youth offenders. These approaches should be supplemented by youth-specific countering violent extremism practitioner expertise, and a range of violent extremism case management and risk assessment measures.

The consequences of Medicaid expansion under the Affordable Care Act for police arrests

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.

Ambitions and Critiques of Restorative Justice Post COVID-19

The COVID-19 pandemic did not only change how we work with others and deliver public services, but also our very way of living. Furthermore, the way we view and experience conflict and violence will never be the same. Therefore, changes anticipated in relation to justice and criminal justice will be unprecedented, with criminal justice institutions such as prisons, courts and probation to be reviewed whether for financial, political or health and safety-related reasons. This Editorial introduces this Special Issue, which focuses on highlighting both the ambitions but also critiques of the role that restorative justice can play in the post COVID-19 era.