To see the other types of publications on this topic, follow the link: Criminal debut.
Journal articles on the topic 'Criminal debut'
Create a spot-on reference in APA, MLA, Chicago, Harvard, and other styles
Consult the top 50 journal articles for your research on the topic 'Criminal debut.'
Next to every source in the list of references, there is an 'Add to bibliography' button. Press on it, and we will generate automatically the bibliographic reference to the chosen work in the citation style you need: APA, MLA, Harvard, Chicago, Vancouver, etc.
You can also download the full text of the academic publication as pdf and read online its abstract whenever available in the metadata.
Browse journal articles on a wide variety of disciplines and organise your bibliography correctly.
1
James, Alison Amanda. "South Africa's Debut into Broadcasting Criminal Trials – The Legal Arguments in Televising the Oscar Pistorius Trail." Potchefstroom Electronic Law Journal 20 (December 5, 2017): 1–21. http://dx.doi.org/10.17159/1727-3781/2017/v20i0a1516.
Full textAbstract:
The televising and/or any other form of broadcasting of judicial hearings and of criminal trials in particular is a controversial topic that has not only provoked debate and been argued about by academics, the media and the public for years, but continues to be argued about with few signs of abatement. Until recently South Africa had largely escaped becoming embroiled in this provocative topic, as the live broadcasting of criminal trials from South African courtrooms did not occur. The situation has changed, though, following the recent live televising of a full criminal trial – namely, the trial of South African Para-Olympic champion Oscar Pistorius. Given that this trial signalled South Africa's debut into the world of the live televising of criminal trial proceedings, the question is asked why exactly South Africa ventured into this contentious legal territory.It must be emphasised that the intention of this contribution is solely to explore the court's consideration of the constitutional mandates and rights that were contained in both the application and the opposing arguments pertaining to the live broadcast the trial of Oscar Pistorius. This note will not attempt to examine or even approach the far greater question of whether criminal trials should be televised or not, a topic better left to future research.
2
Stone, Christopher. "Innovations in Public Defense as an Investment in Better Sentencing." Federal Sentencing Reporter 24, no. 1 (October 1, 2011): 21–22. http://dx.doi.org/10.1525/fsr.2011.24.1.21.
Full textAbstract:
The Neighborhood Defender Service of Harlem (NDS) opened its doors in 1990, hoping to demonstrate the benefits of a community-based, team-based public defender that began representation from the moment of arrest, or even earlier. Although pretrial detention time was not statistically different for NDS clients compared with similar defendants, NDS clients ultimately received significantly shorter sentences, and the savings to the government in terms of jail and prison time were substantial. More than twenty years after its debut, NDS continues to show that high-quality public defense can play an important role in any strategy to unwind mass incarceration while improving the quality of criminal justice generally.
3
Welsh, Marcus D. "Cross-dressing and Transgressing: The Queer Body in Madame Satã." Latin American Perspectives 48, no. 2 (March 2021): 123–36. http://dx.doi.org/10.1177/0094582x20988717.
Full textAbstract:
In Karim Aïnouz’s debut feature film Madame Satã (2002), the protagonist yearns to be a cross-dressing performer. Based on the historical figure João Francisco dos Santos, the protagonist is black, poor, gay, and a criminal in the Brazil of the 1930s. An examination of his body as a nexus of these factors and the film’s portrayal of it in the context of queer theory, film history, and social discourses of gender, race, and class and in cinematic terms demonstrates that, while he is able to express his fluid gender identity temporarily through performance, the protagonist is unable to escape his social position as regulated by the intersectionality of his gender identity with other factors. En el primer largometraje de Karim Aïnouz, Madame Satã (2002), el protagonista anhela ser un artista travesti. Basado en la figura histórica de João Francisco dos Santos, dicho protagonista es negro, pobre, homosexual y criminal en el Brasil de la década de 1930. El artículo analiza su cuerpo como nexo entre estos factores y la manera en que es representado en la película a partir de una perspectiva teórica queer, de la historia del cine y los discursos sociales de género, raza y clase, así como de la técnica cinematográfica. Si por un lado el personaje es capaz de expresar su fluida identidad de género temporalmente a través de la interpretación, por otro es incapaz de escapar su posición social, la cual está regulada por la interseccionalidad entre su identidad de género y otros factores.
4
Fletcher, George P. "The Psychotic Aggressor — A Generation Later." Israel Law Review 27, no. 1-2 (1993): 227–46. http://dx.doi.org/10.1017/s0021223700016927.
Full textAbstract:
Some twenty years ago my imaginary character the “psychotic aggressor” made his debut in the pages of the Israel Law Review. Of all the hypothetical cases I have devised over the years, the story of the psychotic aggressor in the elevator, attacking someone who must defend herself, has become one of the most vigorous and long-lasting. This unlikely case has proven to be a useful medium for understanding the difference between claims of justification and claims of excuse in structuring criminal liability. Everyone assumes that the person attacked should be able to defend herself; the problem is whether the defense is right and proper (justified) or whether it is simply the human response and therefore free from blame (excused). This classification has implications, in turn, for whether third parties may come to the aid of the person attacked and whether the psychotic aggressor, in turn, has a right to defend himself against efforts to kill him. These issues have given rise to considerable debate over the last two decades, and much of it can be traced to the conundrum whether resisting a psychotic but purposeful aggressor should be treated as right in itself or, alternatively, wrong but free from blame.
5
Yoshimasu, Shufu, and Sadakata Kogi. "Études criminologiques et psychiatriques au Japon." Acta Criminologica 2, no. 1 (January 19, 2006): 145–68. http://dx.doi.org/10.7202/017008ar.
Full textAbstract:
Abstract CRIMINOLOGICAL AND PSYCHIATRIC STUDIES IN JAPAN Criminological development in Japan is largely the work of the Japanese Association of Criminology, founded in Tokyo in 1913. The year 1935 saw the debut of the publication Acta criminologia?: et medicinee legalis japonica. After an interruption of several years caused by the second world war, society made great strides, and important research could then be undertaken. There are now three State institutes of criminology in Japan: the General Research Institute of Forensic Medicine at the Tokyo University of Medicine and Dentistry, the Institute of Research, Practical and Clinical Training at the Ministry of Justice, and the Institute of Encephalographie Research of the University of Tokyo. Among the most important criminological and psychiatric research projects are: 1) Study of twins: Led by Yoshimasu, this could be considered as one of the most brilliant contributions of Japanese criminology to science. It is based on the rate of concordance between homozygotic and heterozygotic twins. For a clearer understanding of the phenomenon of concordance between the two partners, Yoshimasu used the following factors: age at first offence, age at the time of research, and number of relapses. The results of his analysis show a lesser rate of agreement than that of foreign studies, nevertheless this rate increased perceptibly after the second world war, which is explained by the influence of environment. 2) Research on recidivism by means of analysis of the life curve: In 1951, Yoshimasu discovered a new method for analyzing the criminal careers of recidivists (this method is defined in English as «the criminal life curve» and in German, die kriminelle Lebenskurve). It comprises three indices: a) age at the time of first offence: before or after 25 years; b) the type of offence: classified in accordance with the kind of crime, the sequence of crime and the kinds of crimes committed during any one episode, i.e. one, the same or different; c) interval between the offences: sequence, remission, intermission, suspension. Later on, various studies were added to this research. 3) Characteristics of various crimes: The studies undertaken dealt with homicidal women, homicidal girls, mass murderers (Massenmo'rder). These studies showed interesting results, because there is an intimate relationship between patricide and the family environment in the traditional Japanese atmosphere. Other researchers were interested in arsonists, sex criminals, persistent embezzlers, recidivists in crimes of violence. 4) Research on juvenile delinquency: In this field, Japan may well be proud of having several pioneers. We stressed the importance of the psychopathic personality, as much as the sheer asymmetry of psychic and physical maturity. 5) Criminality of the mentally disturbed with encephalitis due to anti-rabies vaccination: Studies undertaken after the massacre of 12 employees of the Teikoku Bank of Tokyo revealed that subjects suffering from this malady have a deviated personality of a mythomanie type with Korsakov's syndrome. Other studies show a seat of demyelinized fibres. Treatment could thus be applied to effectively fight this illness. 6) Amphetamine drug addiction and criminality: This problem took on the dimensions of a national crisis after the second world war, when amphetamine drug addiction rose to 200 000. The work undertaken on this problem revealed psychopathic personalities characterized by hyperthymic tendencies, hysterics, explosiveness or instability, as explained by Kurt Schneider. 7) Reactions to penal institutions and disciplinary infractions: With regard to these, a new method called infractiologie was used. It is concerned with the actual relationship which exists between crimes committed in society and infractions committed within the penal institution.
6
Fernando, Josua, and Susanti Adi Nugroho. "KEDUDUKAN SITA PIDANA TERHADAP SITA UMUM KEPAILITAN." Jurnal Hukum Adigama 1, no. 1 (July 18, 2018): 339. http://dx.doi.org/10.24912/adigama.v1i1.2148.
Full textAbstract:
AbstractThe Court Ruling claim that a debt discharge a bankruptcy inflict a debtor will loose his right to dominate the wealth which include the bankruptcy property. The whole riches of a debt who’s discharge bankruptcy, automatically will be placed to the general confiscation. The general confiscation of the debt property has intend to protect the interest of the creditor of all the deeds of the debt which can disserve the property of a bankruptcy and stop the execution of the debt property with all the creditors to get the debt repayment. The general confiscation itself is a form of confiscation which known in civil law regime especially bankruptcy in legal perspective as a private law. Confiscation in a criminal case aim to prove criminal act. Article 38 of a Criminal Code Procedure regulate that the investigator can undertake the property of confiscation that placed in the general confiscation. However, Article 46 of a Bankruptcy and Suspension Of Obligation For payment Of Debt regulate that all confiscation become vanished when the property has confiscated in the general confiscation. When this two confiscation situated in the property, The confiscation in criminal case will precede the general confiscation. That matter is because of the confiscation in a criminal case is part of public law that aimed to protect our public interest.
7
Wamsley, Dillon. "Neoliberalism, mass incarceration, and the US debt–criminal justice complex." Critical Social Policy 39, no. 2 (May 28, 2018): 248–67. http://dx.doi.org/10.1177/0261018318779477.
Full textAbstract:
While debtors’ prisons in the United States were outlawed in the early 19th century, recent reports indicate that a growing number of people across the US are currently imprisoned for debt. This process typically occurs in two ways: debtors are found in contempt of court for non-appearance after being pressured into repaying consumer debt, or offenders are incarcerated for unpaid legal financial obligations (LFOs) incurred in the criminal justice system. While numerous legal scholars have examined these practices, little scholarship has situated this phenomenon within the politico-economic landscape of neoliberalism. Seeking to chart the intersections between economic restructuring and the expansion of the carceral state over the past 40 years, this article situates the modern debt–criminal justice complex within the broader historical trajectories of debt, incarceration, and institutional racism within the US. Emphasizing the centrality of US state reforms implemented under neoliberalism, this article examines the transformation of the federal welfare system toward ‘workfare’, as well as bankruptcy reforms implemented in the context of rising consumer debt during the 1990s and early 2000s. I maintain that these overlapping transformations, alongside the expansion of the criminal justice apparatus, were central historical processes that shaped the modern debt–criminal justice complex in the US, which continues to criminalize low-income and racialized populations across the country.
8
David, Steven H., and Cale J. Bradford. "Crime Does Not Pay: Understanding Criminal Debt." Indiana Law Review 50, no. 4 (July 1, 2017): 1051. http://dx.doi.org/10.18060/4806.1161.
Full text
9
Park, Sang-Min. "Criminal Law Review for Debt Evasion Murder." Justice 177 (April 30, 2020): 304–24. http://dx.doi.org/10.29305/tj.2020.04.177.304.
Full text
10
Shookhoff, Alexandra, Robert Constantino, and Evan Elkin. "The Unintended Sentence of Criminal Justice Debt." Federal Sentencing Reporter 24, no. 1 (October 1, 2011): 62–65. http://dx.doi.org/10.1525/fsr.2011.24.1.62.
Full textAbstract:
Increases in both the number and amount of court fees, fines, and surcharges—regardless of offenders' ability to pay—have become standard practice in courthouses throughout the United States. A recent report from the Brennan Center for Justice, as well as several others, have shown that imposing criminal justice debt can interfere with reentry and rehabilitation. In response to this identified problem, the Vera Institute of Justice is exploring a potential demonstration project that would help jurisdictions generate revenue and hold offenders accountable for their crimes without the unintended negative justice outcomes. The Fines and Fees Initiative seeks to ameliorate the negative consequences that criminal justice debt may have on individuals, communities, and criminal justice systems.
11
Link, Nathan W. "Criminal Justice Debt During the Prisoner Reintegration Process: Who Has It and How Much?" Criminal Justice and Behavior 46, no. 1 (August 19, 2018): 154–72. http://dx.doi.org/10.1177/0093854818790291.
Full textAbstract:
Much recent, national attention has centered on financial sanctions and associated debt burdens related to criminal justice. Scholars and practitioners alike have argued that financial debt among the incarcerated, in particular, exacerbates a transition home already defined by difficulties. This article takes a step back and assesses who is at risk of these adverse consequences in reentry by examining the extent of debt burdens that resulted from financial sanctions, its sources, and the individual-level factors that are associated with owing criminal justice debt. Relying on the Returning Home data ( N = 740), results from descriptive analyses, logistic regression, and negative binomial models show that a large proportion of respondents owed debts and that debt was strongly linked with being mandated to community supervision. In addition, debt amount was predicted by employment, income, and race. Policy implications in the realm of financial sanctioning by courts and correctional agencies are discussed.
12
Marriott, Lisa. "The Construction of Crime: The Presumption of Blue-Collar Guilt and White-Collar Innocence." Social Policy and Society 16, no. 2 (April 6, 2016): 237–51. http://dx.doi.org/10.1017/s1474746416000063.
Full textAbstract:
This study examines a recent legislative change in New Zealand social policy that provides for the partners of people engaging in welfare fraud to be prosecuted for the crime and to be jointly liable for the debt generated from the crime. This situation applies where the partner knew, or ought to have known, of the fraud. This approach may be contrasted with the treatment of the partners of those who engage in tax evasion, or other forms of financial crime, who are not liable for prosecution or any debt resulting from the offence.Discrimination of those on welfare is well-established. The article highlights the extent to which welfare beneficiaries are now targeted for greater punitive measures in New Zealand and the increasing criminalisation of welfare in the country. The practices outlined appear to contravene the New Zealand Human Rights Act. Moreover, these practices are not aligned with the basic provisions of criminal law: that a guilty mind and a positive act are present for a crime to be committed. The study draws attention to issues of equity, knowledge of crime, and the construction of crime and criminals in the New Zealand justice system.
13
Prior, Francis B. "Urban Neoliberal Debt Peonage: Prisoner Reentry, Work, and the New Jim Crow." Social Currents 8, no. 5 (February 5, 2021): 446–62. http://dx.doi.org/10.1177/2329496521991578.
Full textAbstract:
In this study, I analyze the experiences of people leaving prison and jail, using the concept of urban neoliberal debt peonage. I define urban neoliberal debt peonage as the push of race-class subjugated (RCS) formerly incarcerated people into the low-wage labor market. I argue that urban neoliberal debt peonage is a social process of economic extraction from and racial control of RCS groups structured by state bureaucracies and corporate employers. I provide evidence for this argument using participant observation and interview methods in a large northeastern U.S. city at an employment-oriented prisoner reentry organization that I call “Afterward.” People came to Afterward seeking employment, but were forwarded to work that was often unstable and unable to support subsistence living. Unstable low-wage work did not alter people’s social and economic situations enough to preclude them from engaging in income-producing criminal activity that comes with the risk of reincarceration. Meanwhile, the criminal justice system extracted money from the formerly incarcerated via debt collection, and corporate employers benefited from neoliberal policies that give them tax breaks for hiring Afterward clients. While not identical, the social process of urban neoliberal debt peonage echoes that of post–Civil War debt peonage and convict leasing.
14
Del Sole, Antonio. "Liquidity crisis, criminal sanctions and non-payment of VAT according to the Court of Justice of the European Union." Revista Crónica Tributaria 177, no. 4 (December 2020): 39–68. http://dx.doi.org/10.47092/ct.20.4.2.
Full textAbstract:
The continuing cash-flow crise of taxpayers, and in particular of businesses, recently exacerbated by the effects of Covid-19, raises the question whether it is acceptable in law today that the fulfilment of a debt, even if that debt is of a fiscal nature, to be subject to criminal sanctions. In the light of the judgment of the Court of Justice of the European Union of 2 May 2018 in Case C-574/15, this article is fundamentally concerned with the legitimacy of the use of criminal law to sanction taxpayers who find themselves unable to fulfil their tax obligations, although they were timely and truthfully declared to the tax authorities.
15
Padovani, Emanuele, Luca Rescigno, and Jacopo Ceccatelli. "Municipal Bond Debt and Sustainability in a Non-Mature Financial Market: The Case of Italy." Sustainability 10, no. 9 (September 12, 2018): 3249. http://dx.doi.org/10.3390/su10093249.
Full textAbstract:
Local government (LG) debt increased worldwide during the past decade. Yet, LGs need increased access to financing so they can maintain and expand their community’s infrastructure. Expanding an LG’s bond-related debt (while continuing to meet ongoing debt-service obligations) is essential to its sustainability. An LG must both contain its credit risk and make its risk profile available to potential investors. Credit risk determinants in mature bond markets (e.g., the U.S.) have received considerable attention while those in non-mature markets have not. This paper contributes to the sustainable development literature by (a) identifying the risk-premium drivers in non-mature markets (using the bond market for Italian LGs as an example); and (b) providing LG policymakers with guidance on formulating policies to reduce their debt cost (either directly, by targeting its determinants, or indirectly, by improving the bond market’s functioning). LGs with comparatively high financial dependency on other governments, high criminal activity, and low operating revenues incurred higher bond-related costs than LGs without these characteristics. These LGs can improve their sustainability by (a) providing transparent and understandable financial information to potential investors; (b) reducing criminal activity; and, (c) increasing the frequency of external auditing.
16
Harper, Annie, Tommaso Bardelli, and Stacey Barrenger. "“Let Me Be Bill-free”: Consumer Debt in the Shadow of Incarceration." Sociological Perspectives 63, no. 6 (December 2020): 978–1001. http://dx.doi.org/10.1177/0731121420968124.
Full textAbstract:
Low-income U.S. households are increasingly burdened by unaffordable debt, with profound long-term economic and health consequences. Households of color are disproportionately negatively affected. This article examines the nexus of this rising indebtedness and mass incarceration through the experiences of a particularly marginalized group, people with mental illness. Drawing on qualitative research with 31 individuals with mental illness and recent incarceration in the city of New Haven, Connecticut, we show how carceral institutions and predatory financial practices intersect to create complex entanglements for poor and vulnerable people. While a growing body of scholarship focuses on criminal justice fines and fees, we highlight other types of debt that add to the overall burden, describing how incarceration deepens people’s existing debts of poverty and adds new debts from in-prison costs and identity theft. After release, those debts complicate the search for housing, employment, and financial stability, leading to further debt, stressing social relationships and reproducing social and economic inequality. The experiences of people with mental illness illuminates structures of marginalization and disadvantage that affect many others involved with the criminal justice system.
17
Maroto, Michelle, and Bryan L. Sykes. "The Varying Effects of Incarceration, Conviction, and Arrest on Wealth Outcomes among Young Adults." Social Problems 67, no. 4 (July 25, 2019): 698–718. http://dx.doi.org/10.1093/socpro/spz023.
Full textAbstract:
Abstract Previous research indicates that incarceration leads to declines in rates of homeownership and net worth, especially among baby boomers, but questions remain as to how other types of criminal justice system contact affect wealth outcomes during the transition to adulthood. Using data from the 1997 National Longitudinal Survey of Youth, we investigate how arrests, convictions, and incarceration influence net worth, financial assets, and debt among young adults. We find that most contact with the criminal justice system limited the ability of young adults to accumulate wealth between the ages of 25 and 30, an especially important time for building life-cycle wealth. Arrests were associated with asset and debt declines of 52–53 percent, and incarceration led to net worth and asset declines of 34 and 76 percent, respectively. These direct effects were also bolstered by the indirect effects of these variables through their relationship with marriage and earnings, especially in the case of incarceration. This study draws attention to how criminal justice system contact affects early adult wealth, thereby setting the stage to influence a host of life course dynamics for individuals and their families.
18
Spencer-Suarez, Kimberly, and Karin D. Martin. "Navigating the Monetary Sanctions Maze: Understanding and Confusion Among Criminal Legal Debtors." Journal of Contemporary Criminal Justice 37, no. 1 (November 13, 2020): 4–24. http://dx.doi.org/10.1177/1043986220971385.
Full textAbstract:
Monetary sanctions in the criminal legal system are legally and procedurally complex. If not paid in a timely manner, a single conviction can result in multiple legal financial obligations, varying in kind, payment procedure, and consequences. This study examines how, and the extent to which, criminal legal debtors understand monetary sanctions. Based on interviews with 60 individuals who owed criminal legal debt in New York, we propose a typology of debtor understanding. Proximal understanding pertains to individual, case-level factors and is instrumentally oriented. Distal understanding concerns system-level matters and is oriented toward normativity and fairness. We examine how debtors develop each type of understanding, how these dimensions interact, and the implications of debtor understanding for compliance behavior.
19
Кубанцев, Сергей, and Sergey Kubantsev. "Historical Aspect of Criminal Liability for Fraudulent Bankruptcy in Russia and Foreign Countries." Journal of Russian Law 4, no. 12 (December 5, 2016): 0. http://dx.doi.org/10.12737/22725.
Full textAbstract:
The article highlights the issues of legal regulation of public relations related to the unfair bankruptcy, in their historical aspect. It outlines the legislative instruments used by foreign countries and Russia for regulating of liability for bankruptcy in the period up to the 19 century. The author studied the laws of foreign countries and the Russian legislation, which contains provisions on liability for bankruptcy, the regulation of the debtor´s property distribution of priority, as well as differentiation of debtors to those who can not meet its debt obligations, and those who simply do not want to fulfill its debt obligations (malicious insolvency). Due to this situation the questions about the time of distinguishing the respective responsibilities of the bankrupt entity are arise. The author mentioned the move away from a single penalty for any debtor who is unable to pay its debts, which depends solely on the fact of the debt of non-payment, in the direction of several forms of punishment, depending on the fault of the debtor in its own bankruptcy, differentiation punitive and coercive measures of material nature, the development of methods and means of implementation creditors´ rights.
20
Needham, Taylor, Abena Subira Mackall, and Becky Pettit. "Making Sense of Misdemeanors: Fine Only Offenses in Convivial Court Rooms." Sociological Perspectives 63, no. 6 (December 2020): 962–77. http://dx.doi.org/10.1177/0731121420970588.
Full textAbstract:
This paper investigates how the complexity of and everyday interactions within the criminal legal system sow confusion about the causes and consequences of low-level misdemeanor, or fine only, legal entanglements. Drawing on data from 62 interviews with people assessed legal debt and 240 hours of ethnographic observation in courtrooms, we describe inconsistencies between the design of the criminal legal system and the organization of defendants’ lives that undermine the ability of defendants to satisfactorily or summarily resolve their legal cases. We also consider how interpersonal interactions within courts undermine the power of defendants to challenge legal authority, court norms, and established criminal legal processes. These findings illustrate a mismatch between expectations about and experiences with misdemeanor charges that place undue burden on disadvantaged defendants and highlight the scale and impact of fine only misdemeanors as a central inequality generating feature of the contemporary criminal legal system.
21
Astiti, Sriti Hesti. "PERTANGGUNGJAWABAN PIDANA KURATOR BERDASARKAN PRINSIP INDEPENDENSI MENURUT HUKUM KEPAILITAN." Yuridika 31, no. 3 (August 24, 2017): 441. http://dx.doi.org/10.20473/ydk.v31i3.4794.
Full textAbstract:
This article aimed to criticize the juridical basis of scope of crime mentioned on Law Number 37 of 2004, focuses on criminal responsibility of a curator based on independence principle of bankruptcy law. Essentially, bankruptcy is a part of civil law. However, some bankruptcy cases eventually evolve into criminal matters when a bankruptcy curator who is responsible in handling and administering bankruptcy case is positioned as defendant charged for conducting criminal acts. As stated on Article 234 Verse 2 of Law Number 37 of 2004, a curator who is proven not independent during bankruptcy court may be charged with criminal law. Criminal sanctions for non-independent curators aimed at preventing the curator from committing criminal acts in the course of the execution of the duty and maintenance tasks. Here, the role of criminal law is as a guardian of the norms that exist in the Law on Bankruptcy related to the duties and responsibilities of the curator. In order for a curator or committee before declaring his willingness to accept the duties and responsibilities of the consequences of the bankruptcy verdict or the postponement of the debt obligation obligation (PKPU) really ensure that he will not commit a disgraceful act of.
22
Alexander, Larry. "Reconsidering the Relationship among Voluntary Acts, Strict Liability, and Negligence in Criminal Law." Social Philosophy and Policy 7, no. 2 (1990): 84–104. http://dx.doi.org/10.1017/s0265052500000777.
Full textAbstract:
This essay, as will become obvious, owes a huge debt to Mark Kelman, particularly to his article “Interpretative Construction in the Substantive Criminal Law.” That debt is one of both concept and content. There is rich irony in my aping Kelman's deconstructionist enterprise, for I do not share his enthusiasm for either the “insights” or the political agenda of the Critical Legal Studies movement. I do not believe that either the law in general or the criminal law in particular is radically indeterminate, rife with internal contradictions, or an expression of the interests of a dominant economic class. And although, like Kelman, I believe that the freedom/determinism, act/character, and rule/principle dichotomies must ultimately be dealt with in order to have a completely satisfactory account of criminal law, I also believe that these dichotomies loom just as large in other areas of law and in normative theory generally. They are problems for Crits as well as for liberal-legalists.In any event, my intentions in undertaking this deconstructionist enterprise are modestly reformist, not revolutionary. I do not intend to shift any paradigms, but to work with well-established ones. I will assume that criminal law seeks to accomplish some blend of retributive response to and deterrence of culpable choices, choices to defy moral norms that are also legal norms. (I omit consideration of criminal laws premised on immoral norms.) I will also assume that a culpable choice is one that reflects negatively on the values held by the chooser. Beyond these quite modest assumptions, I need not and will not venture in this paper, realizing, of course, that much has and can be written about the proper aims of punishment and the proper account of culpability.
23
Rahel Octora. "Aspek Hukum Pidana dan Hukum Kontrak terkait Tindakan Akses Daftar Kontak Debitur oleh Perusahaan P2P Lending dalam Rangka Penagihan Utang." Recital Review 2, no. 2 (July 6, 2020): 112–25. http://dx.doi.org/10.22437/rr.v2i2.9121.
Full textAbstract:
Abstrak
Peningkatan kebutuhan masyarakat akan tersedianya dana membuat masyarakat mencari berbagai macam alternatif sumber dana, termasuk pembiayaan untuk memenuhi berbagai kebutuhan. Proses pengajuan pinjaman melalui lembaga keuangan bank yang mensyaratkan berbagai proses verifikasi sebelum permohonan pinjaman dapat dikabulkan, membuat sebagian masyarakat lebih memilih untuk meminjam dana melalui aplikasi / layanan penyaluran pinjaman yang beroperasi secara online. Proses yang dilalui tanpa tatap muka,berakibat pada tingginya risiko gagal bayar. Untuk mencegah hal tersebut, beberapa pihak penyelenggara pinjaman berbasis teknologi informasi menetapkan klausul bahwa pihak debitur setuju untuk memberikan ijin pada penyelenggara untuk mengakses data kontak yang terdapat pada ponsel milik debitur. Kemudian, dalam hal terjadi gagal bayar, pihak penyelenggara pinjaman melakukan penagihan kepada pihak ketiga (kontak debitur), dan penagihan tersebut seringkali dilakukan secara intimidatif. Penagihan yang bersifat intimidatif tersebut tentunya bersinggungan dengan peraturan hukum pidana yang berlaku di Indonesia.
Penelitian ini dilakukan dengan metode yuridis normatif, di mana bahan-bahan yang digunakan adalah bahan hukum primer berupa peraturan perundang-undangan dan bahan hukum sekunder berupa berbagai literatur di bidang hukum.
Hasil dari penelitian ini adalah bahwa pemberlakuan klausul di mana debitur mengijinkan perusahaan P2P Lending melakukan akses kontak di Indonesia merupakan salah satu indikasi terjadinya undue influence atau penyalahgunaan keadaan. Negara harus memberikan batasan dengan memberlakukan ketentuan-ketentuan hukum yang bersifat memaksa. Tindakan penagihan secara intimidatif juga merupakan pelanggaran hukum pidana, khususnya UU ITE terkait dengan distribusi informasi elektronik yang bermuatan pengancaman. Perusahaan P2P Lending sebagai sebuah korporasi seharusnya dapat dipertanggungjawabkan secara pidana.
Kata Kunci : P2P Lending, Daftar Kontak, Hukum Pidana, Hukum Kontrak
Abstract
Community needs of fund is now increased rapidly. It makes people look for various alternative sources of funds, to fulfill their needs. Banks may distribute such fund in the form of loan. The granting of loan from banks as creditors is written in a loan agreement document. The loan application process through a bank requires various verification processes before a loan application can be granted. This situation makes some people prefer to borrow funds through Peer to Peer Lending Corporation, that operate through online platforms. The process is done without face to face verification process. It may cause a high risk of non-performing loan. To prevent the high risk of non-performing loan, information technology-based loan providers, commonly stipulate a clause that “the debtor agrees to give the permission to access the contact data contained on the debtor's cellphone.” Then, in the event of a default, the loan provider will contact a third party (debtor contact) for debt collecting purposes, and the collection process oftentimes done with intimidation. Intimidating debt collecting, is certainly in violates criminal law regulations in Indonesia.
This research was conducted using the normative juridical method, in which the materials used were primary legal materials in the form of legislation and secondary legal materials in the form of various literature in the field of law.
The results of this study are: 1. the clause in online loan agreement, which state that the debtor allows P2P Lending companies to access contacts is an indication of undue influence or abuse of the situation. To overcome this problem, the state must impose administrative and criminal provisions. 2. Intimidating debt collecting is also a violation of criminal law, especially the Information and Electronic Transaction Law, related to the distribution of electronic information that contains threats. P2P Lending companies as a corporation should be criminally liable.
Keywords: P2P Lending, Contact List, Criminal Law, Contract Law
24
Alhafezt, Tito, Triono Eddy, and Alpi Sahari. "Perbuatan Melawan Hukum Terhadap Tindak Pidana Pengambilan Benda Bergerak Sebagai Objek Pembiayaan Leasing." Journal of Education, Humaniora and Social Sciences (JEHSS) 3, no. 1 (August 8, 2020): 111–19. http://dx.doi.org/10.34007/jehss.v3i1.206.
Full textAbstract:
The principle of the pacta sun servanda agreement stating that the agreement made by the parties to the agreement, will be the law for both, remains in force and becomes the main hope in the law of the agreement. But the agreement that provides fiduciary guarantees under the hand cannot be executed. The execution process must be carried out by submitting a lawsuit to the Negri Court through normal procedural law so that the court's ruling decreases. This paper aims to analyze or examine the legal arrangements for the taking of movable objects as objects of leasing financing and criminal liability for the actions of taking movable objects as objects of leasing financing. The results of this study indicate that criminal policies against financial institutions in the execution of fiduciary guarantees by debt collectors who have changed hands under the law number 42 of 199 concerning fiduciary guarantees to ensure legal certainty are made akata by the notary public and registered with the fiduciary office. Law enforcement against leasing parties in withdrawing fiduciary collateral by debt collectors based on law number 42 of 1999 concerning fiduciary explains that the right of execution is the authority of the court, not the authority of the seller of debt collection services that are usually leased by the leasing party.
25
Kartashov, Sergey. "Objective essential elements of offence associated with malicious evasion from satisfaction of accounts payable (Article 177 of the Criminal Code of the Russian Federation)." Current Issues of the State and Law, no. 15 (2020): 327–47. http://dx.doi.org/10.20310/2587-9340-2020-4-15-327-347.
Full textAbstract:
We consider objective essential elements of offence associated with malicious evasion from satisfaction of accounts payable. We emphasize that at the present time there is a polemic among scientists regarding the di-rect object of this crime and its subject, and there are also evaluative elements that characterize the objective side of this crime. Therefore, based on the analysis of Article 177 of the Criminal Code of the Russian Federation and doctrinal points of view, we conclude that it should highlight the main direct object – economic relations associated with lending and an additional direct object – social relations associated with the sphere of justice. The subject of this crime will be money and securities, but not accounts payable. Thus in relation to the funds, the debtor is indebted in an amount exceeding two million two hundred fifty thousand rubles, while in relation to the securities the debt by the legislator in Article 177 of the Criminal Code is not specified. Regarding the elements of the objective side of the crime composition under consideration, we note that it is characterized as malicious evasion from satisfaction of accounts payable on a large scale or from redemption of securities after the entry into force of the relevant judicial act. Taking into account judicial practice and doctrinal points of view, we conclude that in order to uniformly interpret and apply Article 177 of the Criminal Code of the Russian Federation, it is necessary to replace the word “maliciousness” with “intentional non-payment”, or give an official interpretation of the category of “maliciousness”, but without emphasizing the practice that follows certain (individual) court sentences. For example, maliciousness can be understood as “deliberate non-payment by a person of a debt, when he can fulfill his financial obligations, after one warning from the bailiff-executor about criminal liability under Article 177 of the Criminal Code of the Russian Federation”.
26
LESSING, BENJAMIN, and GRAHAM DENYER WILLIS. "Legitimacy in Criminal Governance: Managing a Drug Empire from Behind Bars." American Political Science Review 113, no. 2 (February 22, 2019): 584–606. http://dx.doi.org/10.1017/s0003055418000928.
Full textAbstract:
States, rebels, and mafias all provide governance beyond their core membership; increasingly, so do prison gangs. US gangs leverage control over prison life to govern street-level drug markets. Brazil’s Primeiro Comando da Capital (PCC) gang goes further, orchestrating paralyzing attacks on urban targets, while imposing a social order throughout slums that sharply reduces homicides. We analyze hundreds of seized PCC documents detailing its drug business and internal disciplinary system. Descriptively, we find vast, consignment-based trafficking operations whose profits fund collective benefits for members’ families; elaborate bureaucratic procedures and recordkeeping; and overwhelmingly nonviolent punishments for debt-nonpayment and misconduct. These features, we argue, reflect a deliberate strategy of creating rational-bureaucratic legitimacy in criminal governance. The PCC’s collectivist norms, fair procedures, and meticulous “criminal criminal records” facilitate community stigmatization of infractors, giving mild sanctions punitive heft and inducing widespread voluntary compliance without excessive coercion. This has aided the PCC’s rapid expansion across Brazil.
27
Ulinsa. "TINDAK TUTUR KOMISIF DALAM DEBAT CAGUB DAN CAWAGUB DKI JAKARTA TAHUN 2017." KINESIK 7, no. 2 (September 13, 2020): 205–13. http://dx.doi.org/10.22487/ejk.v7i2.123.
Full textAbstract:
Masalah yang diangkat, yakni 1) Bagaimana bentuk tindak tutur komisif dalam debat cagub dan cawagub DKI Jakarta tahun 2017? dan 2) Bagaimana fungsi tindak tutur komisif dalam debat cagub dan cawagub DKI Jakarta tahun 2017? Tujuan penelitian, yakni 1) mendeskripsikan bentuk tindak tutur komisif dalam debat cagub dan cawagub DKI Jakarta tahun 2017. dan 2) mendeskripsikan fungsi tindak tutur komisif dalam debat cagub dan cawagub DKI Jakarta tahun 2017. Jenis penelitian ini adalah kualitatif. Data penelitian diperoleh melalui tuturan lisan yang bersumber dari cagub dan cawagub DKI Jakarta tahun 2017. Pengumpulan data menggunakan metode simak dengan teknik rekam, dan catat. Teknik analisis data dilakukan melalui tahapan, yakni 1) pengumpulan data, 2) reduksi data, 3) penyajian data, dan 4) penarikkan simpulan. Hasil penelelitian menunjukkan bahwa bentuk tuturan komisif yang terdapat dalam debat cagub dan cawagub DKI Jakarta tahun 2017, yakni 1) bentuk menjanjikan 2) bentuk menawarkan, 3) bentuk mengancam, dan 4) bentuk menolak. Fungsi tindak tutur komisif yang diperoleh yakni, 1) fungsi menyenangkan, ditujukkan buat para warga Jakarta, 2) fungsi mengancam, ditujukkan buat para pihak-pihak yang melakukan criminal atau kepada seseorang yang melakukan hal-hal yang merugikan kepada warga Jakarta, 3) fungsi menolak, 4) fungsi mengejek, dan 5) fungsi menyindir ditujukkan kepada para calon kandidat untuk mempertahankan argument masing-masing.
28
Martam, Nurmin K. "EXECUTIVE IMPLEMENTATION BY DEBT COLLECTOR AGAINST FIDUSIAN OBJECT GUARANTEE." DiH: Jurnal Ilmu Hukum 15, no. 2 (July 11, 2019): 134–42. http://dx.doi.org/10.30996/dih.v15i2.2527.
Full textAbstract:
Multi - finance institutions in Indonesia are better if the indicator is the number of consumer finance in Indonesia in the last few years. The growth of consumer financing can be seen from all the convenience given by the multi finance. The factor that dominates the forced withdrawal of Fiduciary Guarantee is the existence of problem loans. This problem is al most certainly experienced by any consumer financing institution. The problems discussed in this research are about how the implementation of execution of fiduciary guarantee in the settlement credit toward four wheels (car) The formulation of problems related to with the withdrawal of vehicles accompanied by violence that is: How about the collection of arrangement or confiscation of a motor vehicle that carried out by debt collector against a debtor non-performing loans, Do factors for the act of violence carried out by debt collector, How a settlement effort the act of violence carried out by debt collector in terms of the aspect of criminal law. This research is classified as the kind of research juridical normative , study legislation as criminal code and civil law, Regulation president of the Republic Indonesia No. 9 of 2009 about Funding Institution, the act of No. 42 of 1999 about Fiduciary Security, Minister of Finance Regulation No. 130/PMK.010/2012 about Registration Fiduciary for Financing Company, this research also is study case that is focus self intensively on an object particular and learn that as a case. Arrangement about the collection of vehicles stipulated in a financing with fiduciary security contained in the act of fiduciary security number 42 of 1999 And also minister of finance regulation No 130/PMK. 010/2012
29
Nersesyan, M. G. "Forensic Lending Analysis in Loan Fraud Investigations." Theory and Practice of Forensic Science 13, no. 4 (December 27, 2018): 82–84. http://dx.doi.org/10.30764/1819-2785-2018-13-4-82-84.
Full textAbstract:
The methodology for criminal investigation of unlawfully obtained loans (Part 1, Part 2 of Article 176 and Article 159.1 of the Criminal Code of the Russian Federation) includes the stage of appointment and conduct of forensic economic assessment. The effectiveness of this stage depends on a number of factors: the proper choice of the type of examination by the commissioning law enforcer, their understanding of its subject matter and the tasks to be completed. The article outlines the range of tasks facing forensic lending analysts assigned to assist investigators in this category of cases. Based on expert practice, the author articulates specific questions related to compliance with lending principles, establishing a borrower’s credit rating, (mis)use of loan proceeds, outstanding debt, etc.
30
Cahyadini, Amelia, Budi Arta Atmaja, and Indra Oka Margana. "PEMBAHARUAN SANKSI PAJAK SEBAGAI UPAYA MENGOPTIMALKAN PENERIMAAN NEGARA." Veritas et Justitia 3, no. 2 (December 26, 2017): 494–518. http://dx.doi.org/10.25123/vej.2776.
Full textAbstract:
This paper examines about sanctions against the perpetrators of criminal acts in the field of taxation, where the position of criminal sanctions to be an interesting thing to see discussed up to now unknown tax ratio of Indonesia is still low when the tax It is the biggest contributor to the country's acceptance of Indonesia. The provisions of related criminal sanctions are also interesting when they are related to article 44B Act No. 28 of 2007 General provisions and Taxation Procedures in which the termination of the investigation can be carried out at the request of the Minister Finance to the Attorney General against Taxpayers who have tax debt that is not or less is paid in the form of administrative sanction plus a fine of four times the amount of tax that is not or less paid. The authors recommend several ideas that can be made of the Government in formulating the existing regulation back to fit the circumstances and conditions that occur and are able to meet the community's sense of fairness.
31
Ruslina, Elli, Siti Rodiah, and Benny Wulur. "General Confiscation Versus Criminal Confiscation in Regard to Curators’ Authority and Responsibility in Bankruptcy Settlement Process." Sociological Jurisprudence Journal 3, no. 2 (August 7, 2020): 112–16. http://dx.doi.org/10.22225/scj.3.2.1803.112-116.
Full textAbstract:
The process of bankruptcy general confiscation sometimes clashes with criminal confiscation process. The present study aims to look at curators’ authority and responsibility to sell bankrupt properties, which have been confiscated by investigating officers in a case of criminal confiscation. It also delves into the legal ramifications that may occur and into the concepts of bankruptcy settlement. This study employs a juridical normative method and the necessary legal material are collected through literature study. The legal material are analyzed in juridical qualitative approach, using a comparison between bankruptcy laws in several countries. Based on the result of this study, it is concluded that curators’ authority and responsibility are still applicable even though they are subject to appeal. The legal consequences in the case that bankrupt estate is being confiscated by investigating officers due to the conflict between criminal confiscation and general confiscation require the court to prioritize the criminal confiscation. Once it is resolved, bankruptcy assets/estate are returned to the curator. This study recommends that there should be an effort to legally synchronize and harmonize Article 39 Point (2) of KUHAP (Indonesian Law of Criminal Procedure) with Article 31 Point (2) of Law No. 37 Year 2004 Concerning Bankruptcy and PKPU (Suspension of Payment/Debt Moratorium). One of the solutions offered in this study is by implementing E-Court, as is the case in Indonesia’s Constitutional Court, especially in Commercial Court whose habitat is digital and that handles legal problems pertaining to creative economy.
32
Gómez-Jara, Carlos. "European federal criminal law: What can Europe learn from the US system of federal criminal law to solve its sovereign debt crisis?" European Criminal Law Review 3, no. 2 (November 15, 2013): 170–93. http://dx.doi.org/10.5235/219174413808445847.
Full text
33
Taylor, Scott. "CREDIT, DEBT, AND HONOR IN CASTILE, 1600-1650." Journal of Early Modern History 7, no. 1 (2003): 8–27. http://dx.doi.org/10.1163/157006503322487331.
Full textAbstract:
AbstractBased largely on the findings of anthropologists of the Mediterranean in the twentieth century, the traditional understanding of honor in early modern Spain has been defined as a concern for chastity, for women, and a willingness to protect women's sexual purity and avenge affronts, for men. Criminal cases from Castile in the period 1600-1650 demonstrate that creditworthiness was also an important component of honor, both for men and for women. In these cases, early modern Castilians became involved in violent disputes over credit, invoking honor and the rituals of the duel to justify their positions and attack their opponents. Understanding the connection between credit, debt, and honor leads us to update the anthropological models that pre-modern European historians employ, on the one hand, and to a new appreciation for the way seventeenth-century Castilians understood their public reputations and identity, on the other.
34
Page, Piehowski, and Soss. "A Debt of Care: Commercial Bail and the Gendered Logic of Criminal Justice Predation." RSF: The Russell Sage Foundation Journal of the Social Sciences 5, no. 1 (2019): 150. http://dx.doi.org/10.7758/rsf.2019.5.1.07.
Full text
35
Nørbech, Peder Chr Bryhn, Cato Grønnerød, and Ellen Hartmann. "Identification With a Violent and Sadistic Aggressor: A Rorschach Study of Criminal Debt Collectors." Journal of Personality Assessment 98, no. 2 (July 30, 2015): 135–45. http://dx.doi.org/10.1080/00223891.2015.1063502.
Full text
36
Harris, Sharon J. "Masqued Poetics in Your Five Gallants: Middleton's Response to Jonson." Ben Jonson Journal 25, no. 2 (November 2018): 242–76. http://dx.doi.org/10.3366/bjj.2018.0226.
Full textAbstract:
Thomas Middleton's city comedy Your Five Gallants and Ben Jonson's “comicall satyre” Cynthia's Revels make a surprising pair, given the lower-class London criminals and raucous, physical humor of Middleton's play and the Ovidian-inspired premise and courtly setting of Jonson's. Although heretofore unrecognized, Middleton based Your Five Gallants, his Blackfriars debut, on Jonson's own Blackfriars debut, Cynthia's Revels. This relationship becomes most apparent in the final masques that end both plays. Middleton also modeled the masque in his play on the first Jacobean court masque, Masque of the Knights. This article argues that under Middleton's hand the staged masque served a poetic function: As playgoers to Your Five Gallants responded to the embedded final masque, they enacted their social knowledge and thus claimed social positions. Through their responses to the masque the audience could demonstrate how they understood their status vis-à-vis the subjects of the satire, and, in a further extension of both form and content, the masque enabled Middleton to unmask and censure the audience and to mount a critique of Jonson's author-centered poetics, offering his own audience-based approach as a rebuttal.
37
Chien, Colleen. "America's Paper Prisons: The Second Chance Gap." Michigan Law Review, no. 119.3 (2020): 519. http://dx.doi.org/10.36644/mlr.119.3.america.
Full textAbstract:
Over the last decade, dozens of states and the federal government have enacted “second chance” reforms that increase the eligibility of individuals arrested, charged, or convicted of crimes to shorten their sentences, clear their criminal records, and/or regain the right to vote. While much fanfare has accompanied the increasing availability of “second chances,” little attention has been paid to their delivery. This study introduces the concept of the “second chance gap,” which it defines as the difference between eligibility and delivery of second chance relief; explores its causes; and approximates its size in connection with several second chance laws and initiatives. Using administrative and other data, it finds that among a host of petition-based second chance opportunities, to shorten sentences, restore one’s vote, and clear one’s criminal convictions, only a small fraction (less than 10 percent) of those eligible for relief actually received it. Extrapolating based on a novel analysis of around sixty thousand criminal histories of persons primarily seeking gig-economy work and of the expungement laws governing nonconvictions of all fifty states applying the nonconviction expungement laws of all fifty states to around sixty thousand criminal histories of persons primarily seeking gig-economy work, this study estimates that at least twenty to thirty million American adults, or 30–40 percent of those with criminal records, fall into the “second chance expungement gap,” living burdened with criminal records that persist despite appearing to partially or fully clearable under existing law. These findings suggest that tens of millions of Americans are stuck in a paper prison, held back by deficiencies in the administration of second chances that have left them incarcerated, disenfranchised, or burdened by convictions beyond what the law requires. Some of the barriers to relief are structural and related to debt, overburdened bureaucracies, and the contested nature of second chance rules that unwind past judgments and policies. But others are harder to see and stem from administrative failures like unworkable standards, missing and incomplete criminal justice information (“dirty data”), a lack of awareness of second chance opportunities, and costly and complex processes. Fixing them—by moving administrative burdens from the defendant and onto the state and algorithms through automation, standardization, and ruthless iteration—can narrow the gap. Leveraging them, “Clean Slate” initiatives to automatically clear eligible criminal records can have the potential to help the millions of Americans in the second chance expungement gap. However, the ability of such second chance initiatives to improve outcomes depends on how they are implemented. Debt-related barriers and dirty data can contribute to incomplete automation, leading to “second second chance gaps.” In the realm of expungement, application of the expungement criteria to minor but not major offenses can also have the effect of exacerbating, not narrowing, existing racial disparities within the population of people with records, while improving them within the general population. Further research is needed to understand the impact of automated clearance under different scenarios, such as when the defendant is not notified of the relief received or there is a risk of statistical discrimination making things worse, not better. Overall, however, though other hurdles may remain, automation can remove the unfair collateral punishments, not steel bars, holding back tens of millions of Americans.
38
Cozzolino, Elizabeth. "Public Assistance, Relationship Context, and Jail for Child Support Debt." Socius: Sociological Research for a Dynamic World 4 (January 1, 2018): 237802311875712. http://dx.doi.org/10.1177/2378023118757124.
Full textAbstract:
Previous studies of poverty governance have focused on the welfare system, the criminal justice system, and the connections between them. Yet less attention has been paid to a third institution that bridges the gap between these two systems: child support enforcement. Jailing for child support nonpayment is one of many mechanisms of child support enforcement, but little is known about this tactic. Using data from the Fragile Families and Child Wellbeing Study, the author examines the process of nonresident fathers’ (1) acquiring a formal support order, (2) accruing child support debt, and (3) being jailed for this debt. The author proposes two pathways into jail for child support nonpayment—public assistance and relationship context—and demonstrates how each pathway affects the risk for jail. Overall, 14 percent of debtors spend time in jail for child support by the time their children are nine years old.
39
Martin, Karin D., and Matthew Z. Fowle. "Restitution without Restoration? Exploring the Gap between the Perception and Implementation of Restitution." Sociological Perspectives 63, no. 6 (December 2020): 1015–37. http://dx.doi.org/10.1177/0731121420970599.
Full textAbstract:
Restitution as a social practice can simultaneously have a punitive effect and add to a person’s criminal justice debt load, while maintaining a reparative and therefore restorative component. We use principles of restorative justice to assess restitution as a concept and a practice, drawing on data from a survey experiment administered to a nationally representative sample ( n = 433). We find that the common and strongly preferred conception of restitution is “direct,” entailing a convicted person compensating a victim for quantifiable loss. Evidence from Victim Compensation Funds (VCFs) in all 50 states demonstrate the widespread use of “indirect” restitution, through which funds from various sources are distributed to qualifying victims. Broader trends in criminal justice policy related to the centering of the victim and a managerial approach to punishment help explain our findings. We conclude that the divergence between common conception and widespread practice indicates a need for a revised notion of restitution.
40
De ruysscher, Dave. "Designing the limits of creditworthiness Insolvency in Antwerp bankruptcy legislation and practice (16th–17th centuries)." Tijdschrift voor Rechtsgeschiedenis / Revue d'Histoire du Droit / The Legal History Review 76, no. 3-4 (2008): 307–27. http://dx.doi.org/10.1163/157181908x336891.
Full textAbstract:
AbstractIn 1516 and 1518, the Antwerp City Council introduced a collective system of debt recovery, which broke with the tradition of priority for the first seizing claimant. This view resulted in a legal framework, which was based on the concept of publicly known insolvency. Because of the vague legal definitions in the 1582 and 1608 customary law compilations, the position of pursuing creditors was strengthened. Although these rules weren't successful, they demonstrate an early intention to draw the line between criminal bankruptcy, persisting insolvency and temporary payment problems.
41
Toha, Kurnia, and Sonyendah Retnaningsih. "Legal Policy Granting Status of Fresh Start to the Individual Bankrupt Debtor in Developing the Bankruptcy Law in Indonesia." Academic Journal of Interdisciplinary Studies 9, no. 2 (March 10, 2020): 157. http://dx.doi.org/10.36941/ajis-2020-0033.
Full textAbstract:
The objectives of this research are to identify and assess the granting of discharge as of debt in the bankruptcy law in Indonesia and legal policy regarding granting status of fresh start to individual debtors, which are in a good faith and is not able, after termination of bankruptcy, in order to develop bankruptcy law in Indonesia. The analysis is directed to explain the legal policy on granting status of fresh start to the individual bankrupt debtor in order to develop the Bankruptcy Law in Indonesia. Bankruptcy was originally conceived as a punishment for an act that is considered a criminal conduct because of the debtors’ bad faith to avoid debt. Modern bankruptcy law is aimed as an exit from financial distress. The bankruptcy law system in Indonesia adheres to a principle of “debt collective” which comes in the form of a general seizure over the debtor’s bankruptcy assets as collateral for debts repayment. This study offers an novelty in that bankruptcy law in Indonesia does not adhere to the principle of “debt forgiveness”, in which bankruptcy is a legal institution used as a way to ease the burden of debtors due to financial difficulties through the form of elimination of individual debtor’s remaining debt. After the bankruptcy ends, creditors obtain his execution rights over the property rights of the debtor, particularly on the receivable that have not been fully paid which the debtor is obligated to pay up in full.
42
Button, Mark, Alison Wakefield, Graham Brooks, Chris Lewis, and David Shepherd. "Confronting the “fraud bottleneck”: private sanctions for fraud and their implications for justice." Journal of Criminological Research, Policy and Practice 1, no. 3 (September 21, 2015): 159–74. http://dx.doi.org/10.1108/jcrpp-04-2015-0006.
Full textAbstract:
Purpose – The purpose of this paper is to illustrate the ways in which contemporary organisations are imposing their own private sanctions on fraudsters. Design/methodology/approach – The research draws on primary data from interviews with counter fraud practitioners in the UK, secondary sources and case examples. Findings – Such developments have been stimulated, at least in part, by the broader limitations of the criminal justice system and in particular a “fraud bottleneck”. Alongside criminal sanctions, many examples are provided of organisations employing private prosecutions innovative forms of civil sanction and “pseudo state” sanctions, most commonly civil penalties comparable to fines. Research limitations/implications – Such changes could mark the beginning of the “rebirth of private prosecution” and the further expansion of private punishment. Growing private involvement in state sanctions and the development of private sanctions represents a risk to traditional guarantees of justice. There are differences in which comparable frauds are dealt with by corporate bodies and thus considerable inconsistency in sanctions imposed. In contrast with criminal justice measures, there is no rehabilitative element to private sanctions. More research is needed to assess the extent of such measures, and establish what is happening, the wider social implications, and whether greater state regulation is needed. Practical implications – Private sanctions for fraud are likely to continue to grow, as organisations pursue their own measures rather than relying on increasingly over-stretched criminal justice systems. Their emergence, extent and implications are not fully understood by researchers and therefore need much more research, consideration and debate. These private measures need to be more actively recognised by criminal justice policy-makers and analysts alongside the already substantial formal involvement of the private sector in punishment through prisons, electronic tagging and probation, for example. Such measures lack the checks and balances, and greater degree of consistency as laid out in sentencing guidelines, of the criminal justice system. In light of this, consideration needs to be given to greater state regulation of private sanctions for fraud. More also needs to be done to help fraudsters suffering problems such as debt or addiction to rebuild their lives. There is a strong case for measures beyond the criminal justice system to support such fraudsters to be created and publicly promoted. Originality/value – The findings are of relevance to criminal justice policy-makers, academics and counter fraud practitioners in the public and private sectors.
43
Bawono, Bambang Tri. "CONSTRUCTION CONTRACT OF HIRE PURCHASE AND CORRELATION WITH CRIMINAL OFFENSE." International Journal of Law Reconstruction 3, no. 1 (September 21, 2019): 35. http://dx.doi.org/10.26532/ijlr.v3i1.5265.
Full textAbstract:
Hire purchase agreements that have developed in the realm of society yet have clarity because there is no specific legislation governing the lease-sale agreement. The absence of specific legislation governing the lease resulted in the agreement to experience different views for legal experts both in terms of the definition and the legal consequences arising. This type of research used in this study is a research library with normative juridical approach. Normative research. The results of this study mention: first, the legal construction of a hire purchase agreement did not have legal certainty, because this agreement has legal consequences of changing from the payment of the debt to the payment of rent, when a tort committed by the purchaser. Other than that, construction law hire purchase agreement is null and void, because there are some clauses which are contrary to Article 1266 of the Civil Code and Article 18 of the Consumer Protection Act. Second, the criminal offenses arising from a lease agreement is a criminal offense of extortion, when the withdrawal unilaterally, although financing the vehicle has been registered in the Register of Fiduciary. This is because even though the fiduciary has the right of executor, but the execution must follow procedures for the implementation of a court decision, so businesses must apply in advance to the Chairman of the Court.
44
Slavinski, Ilya, and Kimberly Spencer-Suarez. "The Price of Poverty: Policy Implications of the Unequal Effects of Monetary Sanctions on the Poor." Journal of Contemporary Criminal Justice 37, no. 1 (November 27, 2020): 45–65. http://dx.doi.org/10.1177/1043986220971395.
Full textAbstract:
Over the last several decades, with the rise of mass incarceration in the United States and its steep costs, governments at the federal, state, and local levels have dramatically ramped up monetary punishment. Monetary sanctions are now the most common type of criminal penalty in the United States. The growth of fines, fees, and other legal financial obligations (LFOs), and the ensuing legal debt, reflect a shifting of the system’s costs onto its primarily low-income and indigent subjects. This study provides an exploration of previously underexamined ways in which monetary sanctions impose distinct burdens on the poor. Interviews with 121 defendants in Texas and New York, along with courtroom observations, demonstrate that criminal legal debt is particularly challenging for people with low incomes in three meaningful ways. First, systems set up to handle indigency claims do not adequately address the needs or complex individual circumstances of those who simply do not have the ability to pay. Oftentimes, alternatives are unavailable or statutorily prohibited. Second, the lack of alternatives to payment lead to compromising situations, which then compel indigent defendants to make difficult choices about how to allocate scant resources. Finally, being encumbered with fines and fees and participating in alternatives like community service comes with taxing time requirements that can prove uniquely challenging for those who are poor. These three findings lead us to propose a series of policy recommendations revolving around three key themes: (a) enhancement of indigency procedures, (b) equity in monetary sanctions, and (c) alleviating burdens by improving accessibility.
45
Parmila, Putu Dila, I. Nyoman Putu Budiartha, and Ni Gusti Ketut Sri Astiti. "Akibat Hukum Perjanjian Hutang Piutang dengan Persyaratan Dokumen Palsu (Studi Kasus Pengadilan Negeri Denpasar)." Jurnal Interpretasi Hukum 1, no. 2 (September 26, 2020): 169–74. http://dx.doi.org/10.22225/juinhum.1.2.2458.169-174.
Full textAbstract:
Corruption has become an extraordinary crime, because its existence greatly affects economic growth in Indonesia. There are many factors that influence the criminal acts of corruption to occur; usually because the perpetrator has the authority so it is very easy to carry out the action. There are many ways to carry out this corruption, one of which is by falsifying documents that are used as conditions for conducting debt-receivables agreements. The objects that this research examines are the legal consequences of the accounts payable agreement with the requirements for false documents and the factors of the occurrence of the accounts payable agreement with false document requirements and settlement flow. The method used to examine these two issues is the normative legal research method. Based on the results of data analysis, it was found that: disbursement of funds resulting from falsification of data or documents indicated that the defendant would not be convicted of the forgery article, but was charged with committing a criminal act of corruption because the result of his action was loss of state assets; The main factor affecting the occurrence of a criminal act of corruption is the bad faith of the defendant himself and also from the factor of authority he is being granted, so that he can make use of the opportunity to carry out his actions.
46
Saputra, Ferdy. "Kriteria Cek dan Bilyet Giro dalam Transaksi Bisnis yang Menimbulkan Konsekuensi Hukum Pidana dan Perdata." Jurnal Ilmiah Penegakan Hukum 6, no. 1 (June 27, 2019): 27. http://dx.doi.org/10.31289/jiph.v6i1.2264.
Full textAbstract:
<em><span lang="EN">In the use of checks and bilyet giro as collateral for debt which results in legal consequences, both in the form of criminal law and civil law, checks and bilyet giro as bank products are closely related to banking law. The link is due to the fact that state and private banks are the parties that issue checks and bilyet giro. As a result of the use of checks and demand deposits that develop within the community, banks as issuers of checks and giro checks are often made to participate in legal issues carried out by their customers. Bank participation in legal matters, at a minimum, provides Investigators with information about checking accounts on behalf of their customers. Therefore, it is necessary to regulate the banking sector which regulates the use of checks and bank notes, specifically on what usage criteria can be categorized as criminal acts, and vice versa which use criteria can be categorized as private / civil legal relations</span></em>
47
Listianti, Euis, and Umar Ma'ruf. "Criminal Law Protection Of Giving Rights Of Liability Is Not The Debtor." Jurnal Daulat Hukum 1, no. 3 (September 5, 2018): 583. http://dx.doi.org/10.30659/jdh.v1i3.3342.
Full textAbstract:
In the practice of the loan agreement with collateral Mortgage made by banks as creditors, so if the debtor defaults in performing its debt to the creditor, the creditor has the right to make the execution of security object Encumbrance with its own power after first obtaining fiat yustitsia of the chairman of the court country where the land is located. In case of dispute the auction execution of mortgage security object between the Bank as the creditor with Zn as the debtor, as creditors of the bank's declared to have violated provisions of the law in the execution of security object security rights belonging to the debtor Zn. But in fact the execution and the execution of the auction object of mortgage collateral is in accordance with the provisions of Article 6 and Article 20 UUHT No. 4 of 1996 and also in accordance with the provisions and procedures of the auction procedure execution security object security rights under the laws of the auction. The problems addressed in this study is how to legality and legal power auction object execution Mortgage guarantees made at the request of creditors certificate holder.Keywords: Legal Protection, Criminal, and Encumbrance .
48
Mogk, Jessica, Valerie Shmigol, Marvin Futrell, Bert Stover, and Amy Hagopian. "Court-imposed fines as a feature of the homelessness-incarceration nexus: a cross-sectional study of the relationship between legal debt and duration of homelessness in Seattle, Washington, USA." Journal of Public Health 42, no. 2 (June 4, 2019): e107-e119. http://dx.doi.org/10.1093/pubmed/fdz062.
Full textAbstract:
Abstract Background Legal system involvement is a policy-driven risk factor for homelessness. Legal financial obligations (LFOs), such as court fees, fines and restitution, can endanger the financial security of those ensnared in the criminal justice system. In this study we measured the effect of incarceration and LFOs on duration of homelessness in Seattle, WA, USA. Methods To analyze the relationship between incarceration, debt and duration of homelessness, we interviewed 101 adults experiencing homelessness and living in city-sanctioned encampments and tiny house villages in Seattle, WA in 2017–18. We collected personal housing history, presence and amount of debt, and measures of legal system involvement. Results Our respondents experienced homelessness an average of 41 months during the current episode. Nearly two-thirds reported being convicted of a crime, and 78% had been incarcerated. More than 25% reported owing current legal fines. Individuals with legal fine debt experienced 22.9 months of additional homelessness after considering the effects of race, age, and gender. Conclusion We confirmed a strong association between homelessness and legal trouble. Among high-income countries, the USA has the highest rates of legal system involvement and the highest rates of homelessness; the relationship between the two may be connected.
49
Raffer, Kunibert. "Risks of Lending and Liability of Lenders." Ethics & International Affairs 21, no. 1 (March 2007): 85–106. http://dx.doi.org/10.1111/j.1747-7093.2007.00062.x.
Full textAbstract:
Risk and liability change the initially stipulated terms of contracts, overruling their otherwise binding nature. Risk encourages careful assessment of debtors' abilities to service debts. Errors and negligence in assessment, and even external shocks, make creditors suffer losses. Disregarding one's duty of care or professional standards, or engaging in tortious or illegal behavior makes actors liable to compensate for any resulting damage—a necessary systemic element of the framework markets need to function well. Neither mechanism was allowed to work properly in sovereign lending.This essay analyzes why risk and liability are necessary mechanisms of well-functioning markets, and discusses how risk can be handled. In the United States, inappropriate regulatory norms hindered providing against risk in the case of sovereign debt. The absence of liability—a market imperfection—has produced debts no decent legal system would recognize as legitimate domestic debt, thus aggravating the sovereign debt problem, and giving rise to concepts such as criminal, odious, and illegal debts. Discriminating sovereign debtors and disobeying the rule of law caused market distortions, resulting in not only grave damages to debtors, but also losses to creditors that the mechanisms risk and liability would have avoided. Finally, I briefly present proposals to repair these shortcomings in order to avoid the disasters of the past.
50
Robinson, Grace, Robert McLean, and James Densley. "Working County Lines: Child Criminal Exploitation and Illicit Drug Dealing in Glasgow and Merseyside." International Journal of Offender Therapy and Comparative Criminology 63, no. 5 (October 19, 2018): 694–711. http://dx.doi.org/10.1177/0306624x18806742.
Full textAbstract:
This article explores recent developments within the U.K. drug market: that is, the commuting of gang members from major cities to small rural urban areas for the purpose of enhancing their profit from drug distribution. Such practice has come to be known as working “County Lines.” We present findings drawn from qualitative research with practitioners working to address serious and organized crime and participants involved in street gangs and illicit drug supply in both Glasgow and Merseyside, United Kingdom. We find evidence of Child Criminal Exploitation (CCE) in County Lines activity, often as a result of debt bondage; but also, cases of young people working the lines of their own volition to obtain financial and status rewards. In conclusion, we put forward a series of recommendations which are aimed at informing police strategy, practitioner intervention, and wider governmental policy to effectively address this growing, and highly problematic, phenomenon.