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Journal articles on the topic 'Committee on Criminal Justice'
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1
Vasiljevic-Prodanovic, Danica. "Restorative justice within the criminal justice system." Temida 13, no. 3 (2010): 57–68. http://dx.doi.org/10.2298/tem1003057v.
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Positioning of restorative justice within the criminal justice system is one of the current questions preoccupying theorists and practitioners in the field. During decades restorative justice processes have been predominantly used within juvenile justice systems for dealing with minor offences committed by juveniles. Number of jurisdictions in Europe, USA, Canada, Australia have criminal codifications containing provisions that enable use of restorative justice processes in aim of diversion. Recent initiatives create possibility of applying restorative procedure in cases of serious crimes committed by adult offenders. This article reviews theoretical discussions and practical issues relating the scope and tasks of restorative justice within criminal justice, which may contribute to the development and use of restorative processes in our criminal justice system.
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Keith, KJ. "THE INTERNATIONAL COURT OF JUSTICE AND CRIMINAL JUSTICE." International and Comparative Law Quarterly 59, no. 4 (October 2010): 895–910. http://dx.doi.org/10.1017/s0020589310000588.
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AbstractDespite appearances to the contrary, the International Court of Justice can and does have much to say on matters of criminal justice. This article considers four areas in which such matters arise before the Court: jurisdiction over criminal offences allegedly committed abroad and immunity from that jurisdiction; principles of individual criminal liability and the potential for concurrent State responsibility; issues of evidence and proof; and the Court's review of the exercise of those domestic criminal powers which are subject to international regulation. In the process of addressing these issues, the ICJ has contributed to the development of fundamental principles of criminal law, while drawing on the experience of domestic courts.
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Alvazzi, del. "Across the borders in search of best practices: International comparative criminology at the UN." Temida 15, no. 2 (2012): 37–44. http://dx.doi.org/10.2298/tem1202037a.
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This paper analyzes the changes of the focus of the UN Committee on Crime Prevention and Control through time and the formation of the new Commission on Crime Prevention and Criminal Justice. The focus of the paper is the contribution of Dusan Cotic, the last Chairman of the Committee.
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Coufalová, Bronislava. "Criminal Justice rationalization and its possibilities when prosecuting organized crime." International and Comparative Law Review 12, no. 2 (December 1, 2012): 71–85. http://dx.doi.org/10.1515/iclr-2016-0087.
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Abstract Article reflects the recent developments in the field of internal audits within the banks (the document on the internal audit function in banks issued by the Basel Committee on Banking Supervision in 2012). It covers the processes of the internal audits, the relations between supervisors and auditors and the main principles covering the internal audits in banks.
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Chasanah, Nur, Arief Darmawan SU, and Otto Yudianto. "MENS REA AS THE BASIS OF DIVERSION IN THE CHILD CRIMINAL JUSTICE SYSTEM BASED ON RESTORATIVE JUSTICE." International Journal of Advanced Research 9, no. 04 (April 30, 2021): 62–67. http://dx.doi.org/10.21474/ijar01/12658.
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Restorative justice or more precisely keadilan restoratif in the Indonesian context is based on the principle of building joint participation between perpetrators, victims, and community groups in resolving a criminal act. The problem has been that in the formulation of the laws and government regulations diversion (diversi) is carried out if a criminal act is committed by a child who is punishable by imprisonment under seven years other than that if criminal acts that were committed by a child is not a repetition of criminal acts (recidive). A research using a normative legal research method found that through legal findings or rechtsvinding (penemuan hukum), judges can formulate criminal law policies through their decisions based on mens rea. Tt is a must for judges to settle criminal cases with a child of 12-years-old age perpetrator and/or the delinguent actor is a recidive via diversion. The provisions of Indonesian criminal procedure law dicates that judges are also obliged to seek diversion towards the settlement of all criminal cases whose actions were committed by children, both those with a criminal penalty over seven years and/or recidive or those who does not included in the two categories.
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Goti, Jaime Malamud. "State Criminals and the Limits of Extra-Communitarian Criminal Justice." New Criminal Law Review 11, no. 4 (2008): 505–28. http://dx.doi.org/10.1525/nclr.2008.11.4.505.
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The article argues against the new trends toward international criminal jurisdiction in what I narrowly construe as "domestic" violations of human rights. The argument is largely based on a particular role of punishment which it links to the notion of community. The former consists in viewing the criminal sanction as a means of equalizing perpetrators and their victims to whom punishment restores dignity and self-respect. This process, the article claims, can only be fully achieved through minimally authoritative courts whose judges belong to the community where the crimes were committed.
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Rashida Zahoor, Muhammad Fahad Anwar, Muhammad Asif Safdar, and Jibran Jamshed. "A Comparative Study of Perjury in Legal System of Pakistan and Islamic Law." Journal of Business and Social Review in Emerging Economies 6, no. 4 (December 31, 2020): 1571–79. http://dx.doi.org/10.26710/jbsee.v6i4.1508.
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Perjury is one of the crimes that harm criminal justice; Action against criminal justice means behavior that affects people's right to access the justice system or society's right to prosecute and punish criminals. The witness is considered a reason to prove disputes in both legal and criminal complaints, and due to the importance and value of the evidence, perjury has its specific implications. In our criminal justice system, testimony is a way of legal knowledge and reasoning to diagnose crimes committed by the accused. The testimony is not used in criminal matters, and ignoring his way is not against the accused. Consequently, truth is essential, and testimony cannot be used if it is not true. This paper expresses various forms and numerous aspects of perjury along with its definition, discusses perjury as part of the behavioral and psychological approach of sociology, and finally analyzes the laws of Perjury in Pakistan along with the relevant sections of the Pakistan Penal Code, 1860 (PPC), Qanoon and Shahadat Ordinance, 1984 (QSO) and The Oaths Act, 1873 and other Islamic provisions of laws relating to perjury.
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Utami, Pangestika Rizki. "KONSEP DIVERSI DAN RESTORATIVE JUSTICE SEBAGAI PERGESERAN TANGGUNG JAWAB PIDANA PADA SISTEM PERADILAN PIDANA ANAK." Volksgeist: Jurnal Ilmu Hukum dan Konstitusi 1, no. 1 (October 17, 2018): 95–106. http://dx.doi.org/10.24090/volksgeist.v1i1.1691.
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The concept of diversity and restorative Justice is a criminal cases settlement form that provide children protection by promoting the best interest of the child principle. To protect children from the formal process of criminal justice system, the legal and humanitarian experts conceptualize the act of removing child who has allegedly committed a criminal offense from the general criminal justice process by providing an alternative punishment that is considered better for children. The concept of diversion is created based on the fact that the criminal justice process for children as the perpetrators through the conventional criminal justice system causes more harm than good. Restorative Justice is a fair resolving criminal cases system with by emphasizing recovery in its original state. This article will discuss about the shifting of children criminal responsibility from conservative criminal penalties to child friendly criminal penalties with the concept of diversity and restorative justice.
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Pitts, John. "Home Affairs Committee report: Young Black People and the Criminal Justice System." Safer Communities 7, no. 1 (February 2008): 4–8. http://dx.doi.org/10.1108/17578043200800002.
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Filimonov, Vadim D. "The Mechanism for Imposing Punishment as a Tool for Implementing the Principle of Justice." Ugolovnaya yustitsiya, no. 16 (2020): 32–37. http://dx.doi.org/10.17223/23088451/16/7.
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The article examines justice as a principle of law and as criminal principle of justice as a principle of compensated justice. The measure of justice in punishment is mainly the correspondence of the punishment to the public danger of the committed crime, i.e. a certain equality of harm caused by criminals to other persons, society or the state, and the severity of the punishment imposed on them. The author argues that a court that follows the principle of justice in imposing punishments has to establish two types of genetic correspondence. The first type is the correspondence of the criminal behavior, circumstances of the crime and the culprit’s personality to the public danger of the criminal’s personality as a criminological basis for imposing punishment. This correspondence employs the genesis of criminal behavior to substantiate the imposed punishment. The rejection of this correspondence could lead to a misconception about the nature and degree of social danger of the perpetrator’s personality as well as an unreasonable type and amount of punishment for the committed crime. The second type consists in the compliance of the type and amount of punishment with the grounds for its imposition ˗the social need to oppose antisocial behavior and personality traits of the guilty person with such a punishment that meets the interests of law-abiding citizens, society, and the state, that is, a social phenomenon that embodies the genesis of criminal law regulation of public relations. The author claims that that it is necessary to identify not only the above-mentioned types of genetic and other correspondences in the mechanism of imposing a punishment, but also take into account the correspondence in terms of proportionality, especially when it comes to the compliance of the punishment with the gravity of the crime committed. Having analyzed all types of correspondences in the mechanism of punishment imposition, the author concludes that since the indicated types of orrespondences in the system of punishment imposition determine the activity of the court, insofar they act as its regulators. The ability to regulate the activities of the court turns their entire set into an instrument for introducing the principle of justice into punishment. Therefore, the mechanism for imposing punishment manifests itself in the process of regulating criminal law relations as a legal instrument for implementing the principle of justice in punishment.
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Adha, Mhd Hendara, Edi Warman, and Triono Eddy. "Analisis Hukum Tentang Tindak Pidana Seksual Yang Terjadi Di Kota Medan (Study PutusanNomor : 1840/Pid.B/2014/PN.Mdn)." ARBITER: Jurnal Ilmiah Magister Hukum 2, no. 2 (September 13, 2020): 194–200. http://dx.doi.org/10.31289/arbiter.v2i2.135.
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This article discusses how the law arrangements in the juvenile justice in the process of resolving the case, How restorative justice restrictions in law enforcement in Indonesia and How the application of Restorative justice law in the process of settlement of criminal case in Criminal Law in Indonesia. This type of research is normative juridical that describes reviewing and explaining and analyzing normative provisions associated with restorative justice applicable in Indonesia. From the above discussion that restorative justice in the settlement of criminal acts committed by children is very concerned in rebuilding relations after the occurrence of criminal acts, rather than exacerbate the rift between the perpetrators, victims and the community which is the character of the current modern criminal justice system. The restorative criminal justice process holds the view that realizing justice is not only a matter of government and criminality, but more than that it must provide justice in totality that can not ignore the interests and rights of victims and society. Implementation of the principle of restorative justice and the process of diversion as an effort to solve crimes committed by children in formal juridical has been set clearly and firmly in Law Number 11 Year 2012 about kids of justice.
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Wilson, Tim J., and Angela M. C. Gallop. "Criminal Justice, Science and the Marketplace: The Closure of the Forensic Science Service in Perspective." Journal of Criminal Law 77, no. 1 (February 2013): 56–77. http://dx.doi.org/10.1350/jcla.2013.77.1.818.
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Despite hesitant beginnings the Forensic Science Service (FSS) prospered institutionally, as the dominant supplier of forensic science services to the police, after the introduction of neoliberal policies. This ended when the FSS overreached itself and the intensification of neoliberal policies created an incongruity between its organisational objectives and those of its clients. The fortunes of UK forensic science and the FSS diverged long before its closure. Academic and learned society evidence to a Select Committee inquiry into this event, and the influence that this had on the Committee's report, illustrates this change. This expert testimony also explains the importance of the normative, epistemic and professional aspirations of criminal justice practitioners for ensuring the value of forensic science to criminal justice. We argue that the risks threatening scientific evidence, particularly recurrent problems of under-funding and unequal access for the defence, may be masked by older narratives of neoliberalism or too narrow an institutional focus.
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Manirakiza, Pacifique. "L'Afrique et le système de justice pénale internationale." African Journal of Legal Studies 3, no. 1 (2009): 21–52. http://dx.doi.org/10.1163/221097312x13397499736868.
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AbstractAfrica has been ravaged by armed conflicts and/or oppressive regimes for decades. During those conflicts or oppressive regimes, heinous crimes such as genocide, war crimes and crimes against humanity have been committed and made millions of victims. Among these, only a handful number saw some justice. This was possible essentially because the international community took a vigorous stance against the impunity of war criminals and genocidaires by creating international judicial mechanisms, such as the International Criminal Court (ICC), to deal with it. Also, some individual African States have prosecuted international crimes within their municipal courts as well as some western States based on the universal jurisdiction principle. This article analyses the African contribution to the building of the international criminal justice system. It also addresses the African objections against the ICC intervention in Africa and the use of the universal jurisdiction criticized as a form of imperialism and neo-colonialism disguised in a judicial form. It concludes by exploring the feasibility of an African Criminal Court.
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Ohana, Daniel. "Sentencing Reform in Israel: The Goldberg Committee Report." Israel Law Review 32, no. 4 (1998): 591–643. http://dx.doi.org/10.1017/s0021223700015818.
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Sentencing reform has been the subject of much debate over the past two decades in North America, Europe and Australia. Among the concerns spurring this widespread reconsideration of sentencing principles and practices, there is the need to promote consistency in sentencing, the crisis in public confidence in the criminal justice system, and the constitutional argument for more legislative intervention in the area of sentencing. The reforms implemented in various jurisdictions to address these concerns have taken numerous forms: at the federal level in the United States, “base sentences” were assigned to each offense category, the final sentence being fixed in the light of the offender's prior criminal history and aggravating and mitigating circumstances; at the state level, several jurisdictions adopted a less detailed system of numerical guidelines, schematized by a two-dimensional grid of sentence ranges defined by classes of offenses and the offender's criminal record. Other jurisdictions, such as Canada, Britain and Sweden, eschewed the use of numerical guidelines as a vehicle to structure judicial discretion in favour of simpler statutory statements of principles in sentencing.
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Wainwright, Amy, and Michelle Millet. "Social justice, history, and inequity in Cleveland: An overview." College & Research Libraries News 80, no. 2 (February 4, 2019): 105. http://dx.doi.org/10.5860/crln.80.2.105.
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When we first volunteered to be on the Local Arrangements Committee for the ACRL 2019 conference, and to write this specific piece for our colleagues who were coming to our city, neither of us had a clue that the entire third season of the true crime podcast Serial1 would focus on the criminal justice system of Cuyahoga County. But since it was so popular, we considered it a good framing device for a discussion about social justice in Cleveland.If you haven’t listened to Serial, the short version is Cleveland and Cuyahoga County’s criminal and juvenile justice system are shining examples of the inequity that exists in the region. Poverty, segregation, violence, food deserts, crime, and an unfair justice system are all parts of the larger system that remains unjust and unequal in the heart of a Rust Belt city desperate to rise again.
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Elias, Dame Sian. ""Blameless Babes"." Victoria University of Wellington Law Review 40, no. 3 (December 7, 2009): 581. http://dx.doi.org/10.26686/vuwlr.v40i3.5260.
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This is the text of the 2009 Shirley Smith Address delivered by Sian Elias on Thursday 9 July 2009, organised by the Wellington Women in Law Committee. The Chief Justice comments on the status of criminal law in New Zealand, arguing that wider social engagement and buy-in is needed to find answers to the issues in our criminal justice system. The author notes the social element of criminal law as well as the growing emphasis of law and order in the sphere of politics and society. The Chief Justice raises concerns about New Zealand's apparent failure to rehabilitate prisoners as well as the country's prison population. The article suggests several solutions: community education (that imprisonment alone does not reduce crime), promoting intervention (so as to avert risk before crimes occur) and probation, addressing mental health and substance abuse (both within the prison population and within the community), and generally reducing the prison population (so as to avoid significant safety and human rights issues). The author concludes by emphasising the societal nature of criminal law and links back to Shirley Smith's own words.
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Jalilah, Nisfawati Laili. "DIVERSI CONCEPT IN COMPLETION OF CHILDREN'S CRIMINAL CASE." Al-IHKAM: Jurnal Hukum Keluarga Jurusan Ahwal al-Syakhshiyyah Fakultas Syariah IAIN Mataram 11, no. 1 (June 17, 2019): 73–89. http://dx.doi.org/10.20414/alihkam.v11i1.2120.
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Child protection is all activities to guarantee and protect children and their rights so that they can live, grow, develop, and participate optimally by human dignity and dignity, and get protection from violence and discrimination. Related to this, in resolving child criminal cases, the Criminal Justice Act (UUPPA) emphasizes that the concept of Restorative Justice or Diversity must be used, namely the transfer or transfer of the judicial process to an alternative process of settlement of the case, namely through deliberation or mediation. The purpose of diversion is to prevent children from detention, avoiding labeling children as criminals, preventing the repetition of criminal acts committed by children, so that children are responsible for their actions, carrying out interventions needed for victims and children without having to go through a formal process. Avoiding children from following the justice system process, and keep children from the negative influence and implications of the justice process.Implementation of application of diversion in the juvenile criminal justice system is carried out at the level of investigation, prosecution, and case examination in district courts. The diversion process is carried out through deliberation by involving children and their parents/guardians, social counselors, and professional social workers based on a restorative justice approach. The results of the Diversion agreement can take the form of, inter alia; peace with or without compensation, restitution in the event of a victim, medical and psychosocial rehabilitation, participation in education or training at an educational institution or LPKS no later than 3 (three) months; or community service for a maximum of 3 (three) months.
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Wicaksono, Rizky Adiyanzah, and Sri Kusriyah Kusriyah. "Implementation Of Restorative Justice Approach In Legal Protection Against Lightweight Crime By The Children." Jurnal Daulat Hukum 1, no. 4 (December 23, 2018): 943. http://dx.doi.org/10.30659/jdh.v1i4.4136.
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Children who were doing mischief that led to the crime, should be against the law to account for his actions. Currently, prevention and control delinquency that resulted in minor criminal offenses is done through the implementation of the juvenile justice system to a restorative justice approach. The concept of restorative justice becomes a very important consideration in resolving criminal cases committed by children. The Supreme Court has issued a Supreme Court Regulation (Perma) No. 2 of 2012 on the Limitation Adjustment light crime and the amount of penalties in the Criminal Code, which essentially stipulates that the value limit losses in tipiring (Lightweight Crime) case is a maximum of 2.5 million, and against the threat case maximum criminal penalty of three months imprisonment or fine, as well as in the settlement tipiring must promote Restorative Justice. Child settlement, which is directed to resolving informally or out of court, with the involvement of all parties involved in the criminal act has occurred. Minor criminal offenses committed by children under the Act No. 11 of 2012 carried through the diversion mechanism by way of mediation or deliberation.Keywords: Restorative Justice; Lightweight Crime; Children.
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Wolcott, David. "Juvenile Justice before Juvenile Court." Social Science History 27, no. 1 (2003): 109–36. http://dx.doi.org/10.1017/s0145553200012487.
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Progressive Era campaigns to establish juvenile courts maintained that police and criminal courts failed to distinguish between children and adults. They suggested that law enforcement agencies either sentenced juveniles as if they were adults, imposing excessive punishments, or let kids go, failing to discipline them and encouraging them to commit further crimes. However, this case study of juvenile arrests in turn-of-the-century Detroit indicates that, before the creation of juvenile court, criminal justice institutions had more complex interactions with delinquent youth than has been recognized previously. Boys typically were arrested for very different offenses than were adults, and the police and courts often segregated children and adolescents from the harshest elements of the criminal justice system. The police sought every opportunity to decide the outcome of juvenile arrests themselves, without a court hearing, particularly if boys had committed only status offenses such as truancy or if crime victims decided not to prosecute. When juveniles did appear in criminal courts, judges found ways to soften their experiences, rarely jailing younger boys and instead sentencing some to reform school for ostensible rehabilitation. After 1900, efforts to protect young offenders from criminal justice institutions expanded as specially assigned police officers increasingly sought to discipline delinquents prior to arrest and the courts introduced an unofficial form of probation. Rather than constituting a break from the past, the creation of Detroit’s juvenile court in 1907 mainly made official juvenile offenders’ growing separation from the criminal justice system.
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Chandra, Septa. "CORRELATION BETWEEN THEORY OF CRIMINAL LIABILITY AND CRIMINAL PUNISHMENT TOWARD CORPORATION IN INDONESIA CRIMINAL JUSTICE PRACTICE." Jurnal Dinamika Hukum 17, no. 1 (May 2, 2017): 104. http://dx.doi.org/10.20884/1.jdh.2017.17.1.649.
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The question of the correlation between theory of criminal liability and criminal punishment on criminal acts committed corporation is important to investigate in order to provide justification for the criminal prosecution of corporations. How a mistake should be constructed from a corporation associated with the theory of corporate criminal liability. As a consequence of the improper condition on the corporate views of whether the corporation has made a criminal offense can be avoided as part of discretion in running the business. If these obligations are not met, the corporation can be condemned for committing crime. The practice of criminal justice to the determination of criminal liability for corporations is not fully in accordance with the theory of corporate criminal liability. In fact, the court decision does not yet reflect a consistent correlation between the theory of criminal liability and criminal punishment on criminal acts of the corporation.Keywords: criminal liability, corporate, criminal justice.
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Galain Palermo, Pablo. "The Prosecution of International Crimes in Uruguay." International Criminal Law Review 10, no. 4 (2010): 601–18. http://dx.doi.org/10.1163/157181210x519036.
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AbstractThis article discusses the criminal trials carried out in Uruguay against civilian, military, and political functionaries who committed crimes, including crimes against humanity, during the period of civilian-military dictatorship lasting from 1973 to 1985. These criminal proceedings are analyzed in the contexts of transitional justice and international criminal law. Therefore, the first part of this article addresses the diverse phases of transitional justice in Uruguay while the second part analyzes fundamental aspects of criminal trials against 'state terrorists'.
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Maryano and Yuhelson. "The Legal Policy of Corporation Legal Standing as Rechtpersoon at Indonesian Criminal Justice System." Southeast Asia Law Journal 2, no. 1 (April 18, 2018): 19. http://dx.doi.org/10.31479/salj.v2i1.67.
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<p>Feature of corporation as activities-oriented for profit can lead to potential violations law or corporate crime. The criminal action corporations can arised because the impact of corporate activities arising from business contracts, product quality problems, failure of information technology systems and negligence of the administrative requirements for business licensing compliance. In other words, the legal entity of crime was often referred as corporate crime as violations committed by businesses to profit more quickly and maintains the company's reputation. The study concluded, first, the political dimension of the criminal law on corporation has general nature, that political criminal law founded in Criminal Code Bill which are oriented to the development of law by placing the corporation as a criminal, and need a codification law of Corporation. Second, The political criminal law also has special nature, which is found in 16 laws examined, in the contexts of criminal responsibility concepts and application of pattern of criminalas well as models of criminal sanctions can be imposed on perpetrators of criminal acts of the corporation.</p><p>Keywords: Corporate crime of law politics, legal standing, subject crime of law. <br /> <br /> <br /> <br /> <br /> <br /> <br /> </p>
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Mashadi, Iwa, and Gunarto Gunarto. "Application of Restorative Justice Against Crime Committed by Children in Polres Cirebon." Jurnal Daulat Hukum 1, no. 3 (September 10, 2018): 743. http://dx.doi.org/10.30659/jdh.v1i3.3386.
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Kids are an integral part of the survival expressly stated that the state guarantees the right of every child to survival, grow, and develop as well as protection from violence and discrimination. The protection of children is not only given to children who are victims of crime, but also to children who become perpetrators of criminal acts, so that the legal process especially in providing criminal decisions should also consider the future of the child as it is for a country, children are the hope of the future country. Towards children who commit criminal acts is also subject to criminal sanctions. Talking about the criminalization of children often contentious, because this issue has very broad consequences related to both self and community behavior. Punishment is an element of criminal law, in which the criminal prosecution has negative consequences for the given criminal sanctions. Along with Act No. 11 of 2012. While the effectiveness of sanctions against children in the perspective of restorative jusitce in Polres Cirebon Jurisdiction is quite effective because the victim, the offender and the community are satisfied with the settlement of Restorative justice and remembering the birth of Act No. 11 of 2012 Kids on the Criminal Justice System.Keywords: Restorative justice, Crime Child.
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Et al., Ramlani Lina Sinaulan. "“RESTORATIVE JUSTICE IN MILITARY: PENAL MEDIATION IN THE DISPUTE SETTLEMENT OF TRAFFIC ACCIDENT COMMITTED BY INDONESIAN NATIONAL ARMY.”." Psychology and Education Journal 58, no. 1 (January 20, 2021): 5172–78. http://dx.doi.org/10.17762/pae.v58i1.1738.
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This research attempts to introduce and integrate two relatively foreign concepts to each other; paradigm of restorative justice and military justice system. The aim is simple, namely to explore the extent and under what conditions these two routes of adjudication can function side by side without violating core principles of traditional military justice. This goal implies one important point; not all criminal cases that fall under the jurisdiction of military justice can be resolved using a restorative justice approach. The application of restorative justice in the settlement of traffic accident cases committed by TNI soldiers can only be implemented by reforming the three components of the legal system as stated by Lawrence Friedman, namely legal substance, legal structure and legal culture. Operationally, the application of restorative justice can be carried out in 3 (three) stages, namely investigation, prosecution and trial. However, the application of restorative justice at these three stages is not intended to replace the criminal justice system within the military court, because the restorative justice program is basically complementary and not a substitute for the criminal justice system.
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Hendrawati, Heni, Nurwati Nurwati, and Budiharto Budiharto. "Children's Criminal Responsibilities: Comparative Study in Islamic and Criminal Law." Varia Justicia 14, no. 2 (October 29, 2018): 101–8. http://dx.doi.org/10.31603/variajusticia.v14i2.2417.
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The study of criminal liability against child offenders based on Law No. 11 of 2012 concerning the Criminal Justice System of Children and according to Islamic Criminal Law is a very interesting phenomenon to study, especially during this time many phenomena of a minor underage sitting in the accused and detained like a big villain just because of a trivial matter. This study includes the type of research library research, so in this study, researchers conducted data collection through the study and library research on books relating to the problems the authors studied. In analyzing this study, the authors used a comparative method that is comparing child criminal liability in positive criminal law based on Law No. 11 of 2012 concerning the Child Criminal Justice System, with child criminal liability in Islamic criminal law. In Islamic law, a child will not be subject to a punishment for the crime he committed, because there is no legal responsibility for a child of any age until he reaches the age of baliq, qadhi will only have the right to reprimand him or set some restrictions for him to help improve the child in the future. It is expected that this research can contribute to the renewal of national criminal law, especially regarding criminal liability committed by children, taking into account the concepts in Islamic criminal law.
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Nguyen, Duc. "The Development of Four Leading Principles of the Convention on the Rights of the Child in Vietnam´s Juvenile Justice." Bergen Journal of Criminal Law & Criminal Justice 4, no. 2 (January 9, 2017): 267. http://dx.doi.org/10.15845/bjclcj.v4i2.1074.
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The paper sheds light on the latest development of four CRC principles in the administration of Vietnam’s juvenile justice after the recent amendment of the Penal Code and Criminal Procedural Code of Vietnam. It also assesses the compatibility of the Vietnamese juvenile justice system compared to international standards elaborated by the CRC Committee. At the same time, certain issues are raised regarding the implementation of such principles in practice. Finally, concluding remarks will be provided together with recommendations on how to develop the juvenile justice system in Vietnam.Keywords: Vietnam’s juvenile justice; Children’s rights; CRC leading principles; juvenile offenders; the rights of the child; non-discrimination; best interests of the child; children’s right to life; survival and development; children’s right to be heard.
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Morris, Virginia, and M. Christiane Bourloyannis-Vrailas. "The Work of the Sixth Committee at the Fifty-First Session of the UN General Assembly." American Journal of International Law 91, no. 3 (July 1997): 542–54. http://dx.doi.org/10.2307/2954191.
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At the fifty-first session of the General Assembly, the Sixth (Legal) Committee reviewed the annual reports of the International Law Commission (ILC), the United Nations Commission on International Trade Law (UNCITRAL), the Special Committee on the Charter of the United Nations and on the Strengthening of the Role of the Organization (Special Committee) and the Committee on Relations with the Host Country (Host Country Committee). The Sixth Committee also considered proposals for two new legal instruments relating to (1) the establishment of a permanent international criminal court, and (2) the non-navigational uses of international watercourses, as well as other topics concerning international terrorism, international humanitarian law, diplomatic and consular law, the United Nations internal justice system, the United Nations Decade of International Law (Decade) and the “New International Economic Order.” The topics are discussed in the order in which they were considered by the committee.
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Warner, Richard. "Implementing local projects to reduce the stigma of mental illness." Epidemiologia e Psichiatria Sociale 17, no. 1 (March 2008): 20–25. http://dx.doi.org/10.1017/s1121189x00002633.
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AbstractThis editorial describes strategies used and the lessons learned in implementing two local anti-stigma projects. The WPA Programme to Reduce Stigma and Discrimination Because of Schizophrenia established projects to fight stigma in 20 countries, using social-marketing techniques to enhance their effectiveness. First steps at each site were to establish an action committee and conduct a survey of perceived stigma. Based on survey results, the action committees selected a few homogeneous and accessible target groups, such as employers, and criminal justice personnel. Messages and media were selected, tested, and refined. Guidelines are provided for setting up a consumer (service-user) speakers' bureau and for establishing a media-watch organization, which can lobby news and entertainment media to exclude negative portrayals of people with mental illness. Improvements in knowledge about mental illness were effected in high school students and criminal justice personnel. Positive changes in attitude towards people with mental illness were achieved with high school students, but were more difficult to achieve with police officers. Local antistigma projects can be effective in reducing stigma and relatively inexpensive. The involvement of consumers is important in working with police officers. Project organizers should be on the lookout for useful changes that can become permanent.
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Lacey, Nicola. "The Prisoners' Dilemma and Political Systems: The Impact of Proportional Representation on Criminal Justice in New Zealand." Victoria University of Wellington Law Review 42, no. 4 (October 3, 2011): 615. http://dx.doi.org/10.26686/vuwlr.v42i4.5116.
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This is the text of the 2010 Shirley Smith Address delivered by Nicola Lacey on 8 December 2010, organised by the Wellington Women in Law Committee. The lecture offers an analysis of why New Zealand has attached itself to increasingly punitive criminal justice policies over the last 25 years, and considers in particular how far this has to do with the shape of New Zealand’s political system.
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Sunarno, Haris Wahyu, and Akhmad Khisni. "Analysis Of Criminal Liability As Doer Of Preening Criminal (Case Study In The Blora State Court)." Jurnal Daulat Hukum 3, no. 1 (April 22, 2020): 223. http://dx.doi.org/10.30659/jdh.v3i1.8779.
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Criminal beatings lately occur a lot because of actions from one person to another outside the normal limits. Crimes that often occur are beatings regulated in the criminal law book, namely Article 170 of the Criminal Code. The formulation of the problem in this study is how is the form of criminal responsibility towards the perpetrators of the beating crime committed by more than one perpetrator, and what are the obstacles in the criminal justice process against the perpetrators of the beatings and their solutions. The method used in the form of sociological juridical research specifications descriptive analysis. Data consists of primary data and secondary data taken by the method of document collection, interviews, and literature study. Based on the research it was concluded (1) The form of a system of criminal justice process in the flow of the trial in the decision Number 94 / Pid.B / 2019 / PN Bla as a form of criminal responsibility towards the perpetrators of beating crimes that are processed in the criminal justice process, (2) Obstacles deep inhibition in the criminal justice process against the perpetrators of the beating crime including the investigation process in presenting witnesses, the prosecution process that takes time, and article 170 of the Criminal Code which still has ambiguous in theoretical.Keywords: Criminal Liability, Beating Criminal Acts
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Susanto, Anton, Ira Alia Maerani, and Maryanto Maryanto. "Legal Enforcement by the Police against Child of Criminal Doer of a Traffic Accident Who Caused Death (Case Study in Traffic Accident of Police Traffic Unit of Cirebon City Police Juridiction)." Jurnal Daulat Hukum 3, no. 1 (April 12, 2020): 21. http://dx.doi.org/10.30659/jdh.v3i1.8402.
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The problems of this study were 1) the process of resolving the crime of traffic accident committed by a child which causing death in Jurisdiction Police Cirebon, 2) the difference between the completion of the crime of traffic accident by a child which causing death by perpetrators of adults in Police Cirebon City? 3) consideration of the law by the police in the Cirebon City Police enforcement of laws against the crime of traffic accident causing death committed by a child.The method used is research that combines Juridical and Empirical. The source of research data derived from primary data and secondary data obtained by collecting documents and interviewing criminal cases with informants.Based on research findings conducted by researchers regarding law enforcement in case of a traffic accident causing death committed by minors resolved with the criminal justice process method to process outside the criminal justice and restorative justice approach that is Diversion. Based on Act No. 11 of 2012 on the Criminal Justice System Child involvement of multiple stakeholders in the settlement became a mandatory provision. Constraints law enforcement officials in the execution of diversion itself is the factor of legal, officials law enforcement factors, community factors and factors of facilities and infrastructure.Keywords: Law Enforcement; Police; Accident; Traffic; Child.
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Monballyu, J. "La justice transitionnelle en Belgique dans les affaires pénales après la Première Guerre mondiale (1918–1928)." TIJDSCHRIFT VOOR RECHTSGESCHIEDENIS 80, no. 3-4 (2012): 443–79. http://dx.doi.org/10.1163/15718190-000a1216.
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Transitional justice in Belgium after the First World War in the area of criminal justice (1918–1928). – After the First World War, from 1918 until 1928, Belgium experienced a form of transitional justice, especially in the area of criminal justice. In order to meet demands for revenge fostered among the population against various individuals accused of high treason, the death penalty was reinstated for a number of political crimes, military tribunals were given powers to hear cases of offences against state security committed by civilians, and the judicial branch of Public Prosecutions (Ministère Public) was empowered to prosecute the same offences in connexion with the military prosecuting officers (auditeurs militaires). As a result, arbitrary arrests and detention occurred in several cases, the rights of the defence were curtailed, some criminal statutory provisions were allowed to be applied retrospectively, criminal law tended to be construed extensively, indictments were based on an arbitrary selection, and, although the law excluded forfeiture of private property and assets which had been acquired through dealings and collaboration with the enemy, that hurdle was circumvented by the procedural device of introducing the Belgian State as a private litigant in criminal proceedings (partie civile) in order to obtain compensation for the crimes committed by the defendants
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Yanev, Lachezar. "Dutch Criminal Justice for Ethiopian War Crimes." Journal of International Criminal Justice 17, no. 3 (July 1, 2019): 633–59. http://dx.doi.org/10.1093/jicj/mqz023.
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Abstract The past few years have witnessed a proliferation of universal jurisdiction proceedings in Europe, many of which concern asylum seekers suspected of committing international crimes in Syria and the wider region. Alongside the known practical challenges of such trials, these trials also raise a range of normative questions regarding inter alia the scope of universal jurisdiction and the applicable legal standards in such proceedings. This article unpacks several such questions through the lens of a recent Dutch case in which a former refugee, who was granted asylum in The Netherlands and later obtained Dutch citizenship, was tried and convicted by a local court in The Hague of war crimes committed in Ethiopia four decades ago. The judges used an amalgam of Dutch and (customary) international criminal law to convict the accused. They defined the charged war crimes in strict conformity with the standards established in international legislation and jurisprudence, relied exclusively on Dutch law to define one of the applied modes of criminal liability (co-perpetration), and synthesized Dutch and international law to define the other (command responsibility). To what extent does the notion of universal jurisdiction accommodate such choices of law, and how is the use of domestic criminal law on modes of liability in such proceedings compatible with the principle of legality?
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Morris, Virginia, and M. Christiane Bourloyannis-Vrailas. "The Work of the Sixth Committee at the Fifty-Second Session of the UN General Assembly." American Journal of International Law 92, no. 3 (July 1998): 568–76. http://dx.doi.org/10.2307/2997932.
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At the fifty-second session of the General Assembly, the Sixth (Legal) Committee reviewed the annual reports of the International Law Commission (ILC), the United Nations Commission on International Trade Law (UNCITRAL), the Special Committee on the Charter of the United Nations and on the Strengthening of the Role of the Organization (Special Committee) and the Committee on Relations with the Host Country (Host Country Committee). The Sixth Committee also considered proposals for three new legal instruments relating to (1) the establishment of a permanent international criminal court, (2) international terrorism and (3) jurisdictional immunities of states and their property, as well as other topics concerning the United Nations internal justice system, the United Nations Decade of International Law (Decade) and the United Nations Programme of Assistance in the Teaching, Study, Dissemination and Wider Appreciation of International Law. The topics are discussed in the order in which they were considered by the committee.
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Buromenskiy, Mykhaylo, and Vitalii Gutnyk. "International Legal Problems of Qualification of Armed Conflicts." Cuestiones Políticas 39, no. 68 (March 7, 2021): 735–57. http://dx.doi.org/10.46398/cuestpol.3968.47.
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The article addresses the qualification problems of armed conflicts. The study was conducted through the analysis of international legal doctrine, international treaties, decisions of international organizations. Attention is paid to the jurisprudence of the International Criminal Tribunal for the former Yugoslavia and the International Criminal Court. It is noted that International Humanitarian Law has been in place since the beginning of the armed conflict. Therefore, the application of International Humanitarian Law does not require any recognition of the existence of armed conflict (international or non-international); this conflict exists because of armed clashes. It is emphasized that the need to classify the conflict arises in view of domestic and international legal factors (to bring to international criminal justice those who have committed war crimes; state responsibility for internationally wrongful acts, etc.). Attention was paid to the non-existence of a single body, which was empowered to determine the existence of an armed conflict. Different international agencies may have different qualifications for the same armed conflict. It is concluded that it is necessary to establish a Committee of Experts under the UN Secretary-General, to avoid different qualifications from the same armed conflict.
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Koredczuk, Józef. "Prace nad kodyfikacją prawa karnego procesowego w Polsce w latach 1919–1928." Opolskie Studia Administracyjno-Prawne 17, no. 3 (January 24, 2020): 37–50. http://dx.doi.org/10.25167/osap.1867.
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In his contribution, the author presents the work on the codification (initially on the Act) of procedural criminal law in Poland in the years 1919–1928. Those works were initially led by the Criminal Department of the Codification Committee, and then by the Criminal Proceedings Section of the Codification Commission. The first period of the work on the criminal procedure law was characterized by some disputes between the members of the Department, i.e. supporters of the classical school (E. Krzymuski) vs. the sociological school (J. Makarewicz), the discussion aiming at defining the relationship of procedural criminal law and substantive criminal law. The work on the draft law was carried out faster after the appointment (on 16 July 1920) of the Criminal Proceedings Section, which in 1924 published the first version of the draft criminal law bill. E. Krzymuski, A. Mogilnicki, Z. Rymowicz and E.S. Rappaport had played the main role in the development of the project. After a very deep criticism in the columns of Gazeta Administracji i Policji Państwowej [The Gazette of State Administration and Police], Ruch Prawniczy, Ekonomiczny i Socjologiczny [The legal, economic and sociological movement] and Palestra [The bar], the project was rejected. Only the second version of the bill prepared in 1925-1926, re-worked by the committee composed of W. Makowski, A. Mogilnicki and S. Śliwiński (appointed by the Minister of Justice), became the basis for the President of the Republic of Poland to adopt the first Polish Code of Criminal Procedure of 19 March 1928.
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Lynch, Nessa. "Restorative Justice through a Children's Rights Lens." International Journal of Children's Rights 18, no. 2 (2010): 161–83. http://dx.doi.org/10.1163/157181810x12592206285646.
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AbstractRestorative justice is an alternative to the formal criminal justice system which focuses on repairing the harm caused to the victim of the offence, effecting reconciliation between victim and offender, and the re-integration of the offender. Its use is widespread in national youth justice systems. This article will analyse the use of restorative justice in connection with offending by children. It will be argued that despite evidence of endorsement by the Committee on the Rights of the Child, the fundamental concepts of restorative justice are at odds with a children's rights model of youth justice as required by international standards. Not only do similar concerns about due process rights exist for children as for the adult system, it is difficult to reconcile the best interests of the child standard with the victim focused approach of restorative justice, and there are doubts as to whether children have sufficient maturity for remorse and reintegration.
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Kirsch, Philippe, and John T. Holmes. "The Birth of the International Criminal Court: The 1998 Rome Conference." Canadian Yearbook of international Law/Annuaire canadien de droit international 36 (1999): 3–39. http://dx.doi.org/10.1017/s0069005800006871.
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SummaryThe adoption of the Rome Statute of the International Criminal Court on July 17, 1998, was an historic achievement culminating decades of efforts to establish a permanent body to bring to justice those responsible for the most serious international crimes. The Bureau of the Committee of the Whole of the Conference played a leading role in forging the final package that was overwhelmingly endorsed by the Conference. In developing this package, the Bureau went to considerable lengths to consult delegations and members of civil society and to accommodate the concerns of the vast majority of participants at the Rome Conference. The Rome Statute is a carefully crafted instrument balancing complex legal and policy concerns and fully consistent with the norms and standards of international law. The successful outcome of the Rome Conference was due to the recognition that this balanced approach was timely and appropriate. The credit for the achievement of this seminal moment in history is shared by the commitment of a core group of states, the so-called Like-Minded Group, the dedication of a number of ministers and delegates to the goal, and the strong, vocal, and committed support of members of civil society.
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Palassis, Stathis N. "From The Hague to the Balkans: A Victim-oriented Reparations Approach to Improved International Criminal Justice." International Criminal Law Review 14, no. 1 (2014): 1–41. http://dx.doi.org/10.1163/15718123-01402003.
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The international crimes committed in the territory of the former Yugoslavia during the 1990s have been the subject of both State responsibility claims and prosecutions establishing individual criminal responsibility. On 26 February 2007 the International Court of Justice handed down its judgment in the Genocide case while it is expected that in 2014 the International Criminal Tribunal for the former Yugoslavia will conclude all appeals from prosecutions. While these initiatives contribute to the acknowledgement of the commission of international crimes they have not provided the victims with any financial reparations. Instead victims have had to make compensation claims under domestic law. The article examines how, in addition to the international initiatives at The Hague, a regionally focused victim oriented reparations approach can assist in attaining improved international criminal justice for international crimes committed during the Yugoslav wars. A victim oriented reparations approach would enhance victims’ rights through the provision of financial reparations, reflect improved international criminal justice and assist in the attainment long-term stability in the war-torn States of the former Yugoslavia.
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Risano, Alfredo, and Ayu Dian Ningtias. "Legal Review Enforcement Repressive Legal Efforts Against Narcotics Users Of Children." Jurnal Independent 1, no. 2 (March 18, 2021): 1. http://dx.doi.org/10.30736/ji.v9i01.135.
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In terms of enforcement the law. Second, legal instruments in the framework of criminal law enforcement abuse of narcotics against minors using a legal basis Law Number 11 of 2012 concerning the Criminal Justice System for Children. In the the provisions of the SPPA Law, in order to prosecute children who are involved with the law, then a diversion effort is carried out, namely a restorative effort or recovery state solve the problem together, in this research is focous about How are repressive legal measures against child narcotics users in under age?. As previously explained, in act Number 11 In 2012 concerning the Juvenile Criminal Justice System, there is a restorative principle (Restorative justice), which is aimed at restoring the original state, meaning efforts to restore the attitudes and mentality of children who have committed acts the crime of narcotics abuse to be as before or as a cure for the criminal act he has committed. Of course, the provisions of the Narcotics Law are not sidelined even though his repressive legal remedies are based on the provisions of law SPPA.
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Komarnytskyi, Vitalii, Mykola Karchevskyi, Mykola Yakovenko, Artem Kovalenko, and Volodymyr Kovalenko. "Restoration of criminal justice and introduction of transitional justice in the conditions of restoration of territorial integrity of Ukraine and reintegration of Donbas." Revista Amazonia Investiga 9, no. 27 (March 21, 2020): 349–56. http://dx.doi.org/10.34069/ai/2020.27.03.38.
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Description. The purpose of the article is to determine the most optimal mechanisms for restoration of Ukrainian criminal justice in certain areas of Donetsk and Luhansk regions as part of the implementation of transitional justice in the mentioned territories. Methodology. The system-structural method and the method of formal and logical analysis have been applied to determine the main steps to the restoration of criminal justice in some areas of Donetsk and Luhansk regions. The comparative and legal method was used to analyze the foreign legal practice of resolving armed conflicts and adapting best practices to Ukrainian realities. As a result of the research it has been found that the main steps to the restoration of criminal justice in the reintegrated territories are: adaptation of the criminal and criminal procedural legislation of Ukraine in accordance with international agreements on the reintegration of the Donbas; renewal of criminal proceedings for crimes which, for various reasons, have not been completed and left in the temporarily occupied territories; identifying and organizing information on the offences that fall under the jurisdiction of the International Criminal Court; organization of investigation of crimes committed during the occupation; investigations into the causes of death of persons, who died in temporarily occupied territories. Practical implications. The main aspects of implementation of transitional criminal justice as one of the measures aimed at returning temporarily occupied certain areas of Donetsk and Luhansk regions to the Ukrainian legal field were examined and analyzed. Value / originality. Restoration of criminal justice in certain areas of Donetsk and Luhansk regions is the most difficult aspect of the issue of returning the reintegrated territories to the legal field of Ukraine, so the authors proposed the most effective ways to accomplish this task.
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Brady, Geronima, and Hassan Tajalli. "An analysis of educators sanctioned for misconduct." Research in Education 102, no. 1 (December 14, 2017): 62–80. http://dx.doi.org/10.1177/0034523717746435.
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Purpose The purpose of this study is to explore the uncharted territory of disciplinary actions taken against educators for their misconducts. The study examines demographics of the educators who have committed various types of offenses to find out whether results are different than the findings in the criminal justice literature. Methods The data used in this study include all 582 educators who were disciplined for misconduct in the 2012–2013 school year in Texas. Various descriptive and significance tests were used to answer the hypotheses of this study. Results Some of the findings correspond with the findings of the criminal justice literature while others do not. Young, male, and black educators are more likely to offend. Contrary to the literature on “student discipline” and “criminal justice,” minority educators are not treated more harshly when they are disciplined. There are some offenses committed more often by younger, male, and those educators who have held their credentials for a shorter amount of time. Conclusion The results have raised many questions similar to the ones studied in the field of criminal justice. A new body of research needs to address questions such as discrimination and the constitutional rights of the accused and the victims.
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Chan, Erwin, and Jawade Hafidz. "Policy For Crime Murder Investigation By The Children In Polrestabes Semarang." Jurnal Daulat Hukum 3, no. 1 (April 12, 2020): 27. http://dx.doi.org/10.30659/jdh.v3i1.8454.
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Issues that will be examined are: 1) How do criminal investigations policy murders committed by children in Polrestabes Semarang today? 2) How is the investigation of criminal policy of murder committed by children who should have been in the Indonesian National Police?This study uses empirical juridical approach method, the specifications in this research is descriptive. Data collection methods use primary data with interview techniques. The data analysis method used is the analysis of qualitative data.The study concluded that: 1) Policy murder investigation of criminal offenses committed by children in Polrestabes Semarang today in addressing the crime of child offenders who commit criminal acts be routed into diversion pursuant to Act No. 11 of 2012 on the Criminal Justice System Child. 2) Policies murder investigation of criminal offenses committed by children who should at the Indonesian National Police should be able to: a) Understand the scope of the duties and authority of the Police Child Protection. b) know the Juvenile Justice Act, Child Protection Act, the Child Welfare Act and the UN Convention on the Rights of the Child. c) Ability to interpret and discuss the procedure done in dealing with children in conflict with the law.Keywords: Policies; Investigation; Children Crime.
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Sharanov, Yu A., I. B. Gaivoronskaya, and N. V. Galkina. "Juvenile Delinquent as a Subject of Restorative Justice." Psychology and Law 9, no. 3 (2019): 320–37. http://dx.doi.org/10.17759/psylaw.2019090323.
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This article discusses have often in trials and retrospective analysis of materials 80 criminal cases, which were considered a crime committed by minors, led to the conclusion about the need to change the existing criminal procedural practices in relation to adolescents and young adults. It was revealed that the subjects of law enforcement practice did not fully investigate the psychological specifics of the experience of guilt by a juvenile offender as a subject of restorative justice. As a result, the system of criminal punishment and psychological and pedagogical conditions for the implementation of the program for the correction of juvenile offenders were not effective, since they did not take into account the level of their personal and subjective maturity and the specifics of the individual experience of guilt.
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Galingging, Feri Pasu Manaek, Ridho Zulyadi, and Wessy Trisna. "Penerapan Restorative Justice Dalam Pengungkapan Kasus Penganiayaan Di Kepolisian Resort Dairi." JUNCTO: Jurnal Ilmiah Hukum 2, no. 1 (July 6, 2020): 16–23. http://dx.doi.org/10.31289/juncto.v2i1.229.
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Implementation of the principle of restorative justice on the crime of persecution is still many pros and cons. For the investigator is not easy to settle the criminal act of persecution with the principle of restorative justice because there must be agreement between the victim's family and the perpetrator. Research method in writing this thesis is Library Research and Field Research. Implementation of the principle of restorative justice in the process of investigation of children as perpetrators of criminal acts of persecution, investigators have opinions that are different from the Law of the Criminal Justice System of Children. Implementation of the principle of restorative justice in the settlement of criminal acts of mistreatment committed by a child is performed after the process of conversion if the diversion fails and without the existence of a third warning letter and the determination of the court. The obstacles faced by the Dairi Regional Police are that there is no meeting point between the perpetrators and the victims and their families, the families of the victims object to the perpetrators and expect the perpetrators to be punished severely, the victims and perpetrators do not want to make peace through diversion.
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Makhmudov, Olmos Тolif Ugli. "Application Of Imprisonment In Criminal Law: Foreign Experience." American Journal of Political Science Law and Criminology 3, no. 05 (May 19, 2021): 33–42. http://dx.doi.org/10.37547/tajpslc/volume03issue05-06.
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This article examines the use of punishment in the form of imprisonment in the legislation of foreign countries. This article analyzes the role of imprisonment in the criminal justice system of some foreign countries, as well as its application to the crime committed, the terms and conditions of imprisonment. The issues of development and implementation of the most effective, but at the same time promising methods and techniques of influencing convicts serving sentences in foreign countries are analyzed.
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Sloth-Nielsen, J., and J. Gallinetti. ""Just say sorry?" Ubuntu, Africanisation and the Child Justice System in the Child Justice Act 75 of 2008." Potchefstroom Electronic Law Journal/Potchefstroomse Elektroniese Regsblad 14, no. 4 (June 8, 2017): 62. http://dx.doi.org/10.17159/1727-3781/2011/v14i4a2584.
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In the midst of concerns about serious offences committed by young people, the Child Justice Act is the first formal legislative step to introduce restorative justice in South Africa, and promotes reconciliation and problem solving as an approach to the criminal behaviour of youth.This article analyses the new place of restorative justice and ubuntu in the Act through an analysis of the Preamble, Objects and General Principles sections of the Act as well as the chapters on diversion and sentencing. It notes that there is a clear and consistent framework for restorative justice and ubuntu in the Act that accords with the Constitutional Court’s understanding of both concepts.In addition, the article also enquires if the inclusion of these concepts has created a criminal justice system for children that does not hold them properly accountable for their actions. The question as to whether or not the Act has created a "just say sorry" regime is answered in the negative by way of reference to the numerous checks and balances included in the Act by the legislature.In this context it is contended that the inclusion of ubuntu-related ideologies remains relevant to the development of indigenous and locally constructed images of Africanised forms of justice, but that the true test of how it is integrated into the criminal justice system lies in the manner in which criminal justice role-players engage with ubuntu and how its implementation is effected.
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Trejo, Guillermo, Juan Albarracín, and Lucía Tiscornia. "Breaking state impunity in post-authoritarian regimes." Journal of Peace Research 55, no. 6 (September 11, 2018): 787–809. http://dx.doi.org/10.1177/0022343318793480.
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This article claims that cross-national variation in criminal violence in new democracies is highly dependent on whether elites adopt transitional justice processes to address a repressive past. State specialists in violence who repress political dissidents under authoritarian rule often play a crucial role in the operation of criminal markets and in the production of criminal violence in democracy. Some of them defect from the state to become the armed branch of criminal organizations in their deadly fights against the state and rival groups; others remain but protect criminal organizations from positions of state power; and still others use state power to fight criminals through iron-fist policies. When post-authoritarian elites adopt transitional justice processes to expose, prosecute, and punish state specialists in violence for gross human rights violations committed during the authoritarian era, they redefine the rules of state coercion and deter members of the armed forces and the police from becoming leading actors in the production of criminal violence. Using a dataset of 76 countries that transitioned from authoritarian rule to democracy between 1974 and 2005, we show that the adoption of strong truth commissions is strongly associated with lower murder rates; we also find that the implementation of trials that result in guilty verdicts is associated with lower homicide rates only when the trials are jointly implemented with a strong truth commission. In contrast, amnesty laws appear to stimulate criminal violence. Our findings are particularly robust for Latin America and remain unchanged even after addressing selection effects via matching techniques.
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Prasetyo, Teguh. "PENERAPAN DIVERSI TERHADAP TINDAK PIDANA ANAK DALAM SISTEM PERADILAN PIDANA ANAK." Refleksi Hukum: Jurnal Ilmu Hukum 9, no. 1 (April 8, 2015): 1. http://dx.doi.org/10.24246/jrh.2015.v9.i1.p1-14.
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<p><strong>Abstract</strong></p><p>This article discusses the application of the crime diversion to children in juvenile criminal justice system. So far in the criminal justice system, punishment for perpetrators of children not create justice the perpertrators and victims. On the other hand also still leaves another problem that was not solved even though the perpetrators have been punished. See the principle of the protection of children especially the principle that the best interest of the child. The cild process is required for settling disputes outside the criminal mecanism or commonly referred to as diversion. Settlement through this diversion is expected to provide a win-win solution tho the cases encountered so as to create fairness both in terms of perpertrators as well as for the victim.</p><p><strong><em>Abstract</em></strong><br />This article discusses the application of diversion in juvenile criminal justice system. So far in the criminal justice system, punishment of juvenile perpetrators of crimes did not create justice for the perpertrators and victims. On the other hand, the system also leaves another problem that has not been solved eventhough the perpetrators have been unished. Noting one of the principles in the protection of children, which is the best interests of the child, criminal cases with children as perpetrators should be settled outside the criminal mechanism generally referred to as diversion. Settlement by way of diversion is expected to create a solution that is balanced so as to create justice for both perpetrators and victims. Nevertheless, the diversion can not be applied to all of the criminal act. Diversion can only be applied in offenses committed by children which are sanctioned by penalty of no more than seven years imprisonment and the offence is not a repetition of crime (recidive).</p>
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Malekian, Farhad. "Judging International Criminal Justice in the Occupied Territories." International Criminal Law Review 12, no. 5 (2012): 827–69. http://dx.doi.org/10.1163/15718123-01205005.
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Analysing the philosophy of criminal justice and international criminal jurisdiction is indeed very complex. At a minimum, one has to be familiar with both common law and civil law systems. Examining the Gaza Strip situation is also simultaneously a very sophisticated task. It needs, to some extent, an understanding, not only of natural and positive law, but also of many principles and cultural heritages of, at least, two ethnic groups, the Palestinians, and the Jews. It is not certainly a question of religious theories, but the potentiality of rightful co-existence. It also requires understanding why these very two old groups have been, since the creation of Israel, constantly suffering from serious armed conflicts. The Gaza crimes are some of the most recent recognized crimes committed against the population of occupied territories. The intention of this article is to re-examine the historical creation of the State of Israel, the influence of the politicians of the United Kingdom in its creation, the murder of European Jews and the killing of physical and psychological integrity of Palestinians under the authority of Israeli governments. The article deals with some of the most significant norms of international criminal law and human rights law that ought to be respected in national or international conflicts regardless of the target of attack. It deals with the concept of criminal responsibility of individuals under the law of international criminal courts.