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

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.

POLA PEMBINAAN NARAPIDANA DI LAPAS KELAS II/B MUARA BUNGO BERDASARKAN UNDANG-UNDANG NOMOR 12 TAHUN 1995

Correctional institutions are organizations that have the same important duties and functions as other institutions in the Criminal Justice System, such as the Police, Prosecutors and Courts. The duties and functions of the Correctional Institution are to carry out guidance for prisoners and correctional students. The formulation of the problem in this research is what are the patterns, what are the obstacles and what are the efforts of the Class II/B Muara Bungo prison in conducting prisoner development based on Law Number 12 of 1995. The method used is descriptive qualitative. Informants in this study were all Penitentiary Class II/B Muara Bungo and all convicts and ex-convicts. With the number of informants as many as 12 people. The results of the study show that the pattern of fostering prisoners at the Class II/B Muara Bungo prison based on Law Number 12 of 1995 has been implemented well through spiritual development and independence. With the aim of building mental and spiritual as well as developing the potential, talents and interests of prisoners. The results of inmates coaching by the Class II/B Muara Bungo prison can also be said to be quite good because it has been able to improve the abilities and skills of prisoners in various fields of business and has been able to increase the obedience of the prisoners. However, the implementation has not been optimal due to limited facilities and infrastructure, human resources, and low awareness of prisoners to be able to do coaching. Efforts are being made to increase human resources, improve facilities and infrastructure and collaborate with the Bungo Regency Job Training Center, and provide motivation and understanding to prisoners about the importance of coaching programs.

Faces of the Aftermath of Visible & Invisible Violence & Loss: Radical Resiliency of Justice & Healing

As a victim/cosurvivor, my experiences with the criminal justice system have called me to confront hard truths and the brutal facts of coming to terms with death, life, meaning, responsibility, and healing in innumerable ways. The real and tangible balance as a practitioner, victim, and healer are oftentimes disconnected from theory, practice, and life and death experiences. What does it mean to be human in the processes of restoration and reconciliation while hosting complexities, contradictions, and complacencies that all too often reduce victims/cosurvivors to being forgotten, dismissed, and neglected within the criminal justice system? Why do communities of people who long for and deserve trauma-informed interconnectedness, restoration, healing, and reconciliation continue to suffer from the absence of them? My multidimensional perspective as a victim and advocate grapples with my role as a practitioner as it relates to bodies of evidence, theories, best practices, and justice policies.