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Academic literature on the topic 'Diversion in criminal proceedings'

Author: Grafiati

Published: 4 June 2021

Last updated: 18 February 2022

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Journal articles on the topic "Diversion in criminal proceedings"

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Chandra, Safari Dwi. "How Juvenile Criminal Justice System in Indonesia Works? A Book Review 'Peradilan Pidana Anak di Indonesia', Marlina, PT Refika Aditama, Jakarta, 2009, 232 Pages, ISBN 9798-602-8650-06-9." Indonesian Journal of Advocacy and Legal Services 3, no. 1 (2021): 113–16. http://dx.doi.org/10.15294/ijals.v3i1.34771.

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Human needs to live in an orderly, harmonious, harmonious, and peaceful manner are still maintained in accordance with applicable law. To provide security to every citizen, law enforcement officials need to take action by carrying out legal proceedings against criminal offenders. The implementation of legal proceedings against criminal offenders is in a system consisting of related subsystems called the criminal justice system or in the English Criminal Justice System. This book is divided into four chapters, an introduction; children in conflict with the law; juvenile criminal justice; the development of the concept of diversion, and restorative justice. Actually, this book only discusses one important point, namely regarding chapter 4, the development of the concept of diversion and restorative justice. However, the author makes the translation first by writing chapters 1 through chapter three. 

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Suwanto, Suwanto, Sri Kusriyah Kusriyah, and Bambang Tri Bawono. "Criminal Aspects Of The Fiduciary Guarantee Transfer As Decision Basis On Criminal Justice Process." Jurnal Daulat Hukum 3, no. 1 (2020): 93. http://dx.doi.org/10.30659/jdh.v3i1.8405.

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The research problems are: What is the criminal aspect to the transfer that occurred on fiduciary as the basis for the decision in the court proceedings? The approach used in this research is normative juridical approach or the written law (law/statute approach), This approach is also known by the literature approach, namely by studying books-books, legislation and other documents related to this research. The study concluded that the diversion of the object fiduciary by the debtor without the consent from creditors including activities that violate the rights of creditors as the recipient of fiduciary protected by the Fiduciary Law, specifically Article 36 of Act No. 42 Of 1999 On Fiduciary.Keywords: Criminal Aspects; Fiduciary Guarantee Transfer; Criminal Justice.

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Noor Cahyo, Hadi, and Maryanto Maryanto. "Implementation Of The Settlement Of The Case Restorative Justice In Fights By Children Because The Effect Of Liquor (Case Study In The Polres Kudus)." Jurnal Daulat Hukum 1, no. 4 (2018): 1013. http://dx.doi.org/10.30659/jdh.v1i4.4267.

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Settling disputes fight by children because of the influence of liquor based on the Law applicable Relative authority possessed by police, then in handling ABH, the police can make or use the authority the discretion of the need to continue the legal process. Restorative Justice approach used in settling disputes fight by children because of the influence of liquor in the best interest of children of law enforcement officers are already implementing Discretion (Police Authority) and Diversion Restorative Justice approach based on each brat who committed the crime. According to Act No. 11 Of 2012 on Child Criminal Justice System, Restorative Justice approach is highly required as for the approach made through Diversion is applied at every stage of the proceedings. With the Discretion (Police Authority) and Diversion at every stage of the proceedings under the Child Criminal Justice System provides a great opportunity to keep the child out of the judicial process that is not needed in order to maintain mental, moral, and future of the child.Obstacles and solutions for settling disputes fight by children because of the influence of liquor through the mechanism of Restorative Justice Approaches Related to the competence of the investigators in the field of legal knowledge, laws and regulations, the criminal justice system and the technical skills and tactical investigation is still not optimal. This happens because not all personnel functions reskrim follow vocational education and skills of detectives technical functions supporting for example the ability to use information technology in the disclosure of a criminal case. Including in this case the lack of a comprehensive understanding of the principles of restorative justice.Keywords: Restorative Justice, Kids Fighting, Liquor.

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SEREGIG, I. KETUT. "ANALISIS YURIDIS DISKRESI KEPOLISIAN DALAM PENERAPAN DIVERSI." PRANATA HUKUM 12, no. 2 (2017): 1–12. http://dx.doi.org/10.36448/pranatahukum.v12i2.181.

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The problem of diversion is often used as a legal reason for the parties involved as a suspect in a crime committed by a minor, both for the purpose of defense and in an attempt to avoid a suspect from imprisonment stipulated in the provisions of the law. Diversi as stipulated in Article 1 point 7 of Law Number 11 Year 2012, on the Criminal Justice System of the Child, is the transfer of the settlement of child cases from the criminal justice process to proceedings outside the criminal justice.In the case of the transfer of cases of perpetrators of minor offenses, there have been various perceptions or differences of legal views, especially the understanding of "repetition of criminal acts". In criminal law theory the term repetition of a criminal offense is the same offense committed by a person more than once. In social life in society the perpetrator is called a residivist. In the process of investigating the application of the versions of underage residivists is a legal policy undertaken by the investigator in assessing whether the perpetrator deserves a diversion or not.The result of the research can be concluded that the implementation of the diversion for underage perpetrators who perform repetition of acts in legal theory and legislation can be done as a form of police discretion conducted by investigators. The discretion made by the investigator is done on the coordination of Police investigators with other agencies, especially the Court, BAPAS, the victim's parents and the Legal Counsel accompanying the victim and other related parties. The problem of diversion is often used as a legal reason for the parties involved as a suspect in a crime committed by a minor, both for the purpose of defense and in an attempt to avoid a suspect from imprisonment stipulated in the provisions of the law. Diversi as stipulated in Article 1 point 7 of Law Number 11 Year 2012, on the Criminal Justice System of the Child, is the transfer of the settlement of child cases from the criminal justice process to proceedings outside the criminal justice.In the case of the transfer of cases of perpetrators of minor offenses, there have been various perceptions or differences of legal views, especially the understanding of "repetition of criminal acts". In criminal law theory the term repetition of a criminal offense is the same offense committed by a person more than once. In social life in society the perpetrator is called a residivist. In the process of investigating the application of the versions of underage residivists is a legal policy undertaken by the investigator in assessing whether the perpetrator deserves a diversion or not.The result of the research can be concluded that the implementation of the diversion for underage perpetrators who perform repetition of acts in legal theory and legislation can be done as a form of police discretion conducted by investigators. The discretion made by the investigator is done on the coordination of Police investigators with other agencies, especially the Court, BAPAS, the victim's parents and the Legal Counsel accompanying the victim and other related parties.

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Mendelson, Eric F., and Carol Frost. "An alternative to the panel scheme for the diversion of mentally disordered offenders." Psychiatric Bulletin 18, no. 1 (1994): 39–40. http://dx.doi.org/10.1192/pb.18.1.39.

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Multi-agency review of the diversion of mentally disordered offenders in the Southampton area did not reveal particular problems or lack of professional interest, but delays and difficulties could occur at any stage. To enhance the diversion process a facilitator approach was established. An experienced social worker undertook the roles of acting as a link, educator, supervisor and monitor. This has encouraged discontinuance of criminal proceedings, assisted the integration of mentality disordered offenders into ordinary psychiatric services and reduced the need for specialist assessment and care.

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Jaya, Akalafikta, Triono Eddy, and Alpi Sahari. "Penegakan Hukum Pidana Terhadap Anak Yang Terjerat Perkara Pidana Melalui Diversi (Studi Di Polrestabes Medan)." Journal of Education, Humaniora and Social Sciences (JEHSS) 3, no. 1 (2020): 78–84. http://dx.doi.org/10.34007/jehss.v3i1.196.

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In the past, the punishment of children was the same as the punishment of adults. This causes the psychological condition of children ranging from investigation, investigation and trial to be disturbed because it is often intimidated by law enforcement agencies. Under these conditions, Law No. 11 of 2012 concerning the Juvenile Justice System was born. One of the reforms in the Child Criminal Justice System Law requires the settlement of a child criminal case by diversion. Based on the results of research that the conception of criminal offenses against children in conflict with the law in Indonesia is different from criminal convictions to adults. Children are given the lightest possible punishment and half of the criminal convictions of adult criminal offenses. That criminal liability for children who are ensnared in a criminal case according to the Law on the Criminal Justice System for Children is still carried out but with different legal sanctions from adults. Criminal imprisonment against children is an ultimumremedium effort, meaning that criminal imprisonment against children is the last legal remedy after there are no other legal remedies that benefit the child. That the concept of enforcement of criminal law against children caught in criminal cases through diversion is in fact not all have applied it. Some criminal cases involving children as the culprit, in court proceedings there are still judges who impose prison sentences on children who are dealing with the law.

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Talyzina, Ya O., and I. A. Titko. "Ensuring the confidentiality of information about a person involved in criminal proceedings: selected issues and solutions." Problems of Legality, no. 153 (June 16, 2021): 104–18. http://dx.doi.org/10.21564/2414-990x.153.226520.

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The article highlights the problem of practical implementation of such a security measure that can be applied to participants in criminal proceedings, such as ensuring the confidentiality of personal information. It is analyzed the views diversity of investigators, prosecutors, judges and lawyers on the algorithm of application of ensuring the personal data confidentiality, on the issue of storage of resolutions (decisions) on the application of this security measure in criminal proceedings. The practice of conducting procedural actions in court with persons whose personal data have been changed is studied separately. The peculiarities of interrogation, identification with protected participants of criminal proceedings in the mode of videoconference and in a closed court session are studied. Previous attempts to solve this problem by developing a Model Instruction on conducting court proceedings with witnesses, victims and other participants in criminal proceedings, in respect of whom security measures have been taken, are considered. According to the analysis results of the domestic legislation on security of participants in criminal proceedings and identification of gaps, after conducting a survey of current investigators, prosecutors, judges and lawyers, the generalization of modern practice of criminal proceedings with the participation of protected persons is made. The purpose of this research is to formulate proposals for a unified and mandatory for all participants in criminal proceedings procedure for working with persons whose personal data are changed for security purposes at all stages of criminal proceedings. The expediency of enshrining at the bylaw level in a separate normative legal act an algorithm for carrying out procedural actions in court with participants in criminal proceedings, which would meet the requirements of current legislation, including the provisions of the Data Summary constituting a state secret, is substantiated.

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Fauziyah, Nailatin. "Resiliensi Anak yang Berkonflik Dengan Hukum: Refleksi Implementasi UU. No.11 Tahun 2012 Mengenai Proses Diversi." Al-Daulah: Jurnal Hukum dan Perundangan Islam 9, no. 2 (2019): 194–221. http://dx.doi.org/10.15642/ad.2019.9.2.194-221.

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Settlement of child criminal cases using the restorative justice approach and diversion in accordance with Law No. 11 of 2012 is an important breakthrough in the development of criminal law processes in Indonesia. At the conceptual level, the implementation of the process takes into consideration the fulfillment of children's rights and has a concern for the child's future. To achieve the future the child must have the resilience to deal with difficult situations throughout his life journey. Likewise, children who are in conflict with the law, on the other hand they are perpetrators of crime and on the other hand they are victims of the surrounding social system. The results of this study indicate that Children in conflict with the law (ABH) who are resilient tend to get support from various parties so that they can get through difficult situations and face the future with confidence, but conversely with ABH who are not resilient. The results of this study are important notes to reflect back the implementation of Law No.11/2012 on restorative justice and diversion, because the diversion process undertaken by ABH does not differentiate their resilience levels. It is the strength of the protective factor that affects the differences in the resilience of ABH who undergo legal proceedings through diversion.

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Angiolini, Giulia. "The Tools of Diversion in the Proceedings Against Companies: the Effects of the US Model on European Systems." European Criminal Law Review 10, no. 1 (2020): 27–47. http://dx.doi.org/10.5771/2193-5505-2020-1-27.

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The purpose of this paper is to analyze the tools of diversion that some States have already introduced in the proceedings against the companies. The premise from which the analysis moves is represented by the assertion that, even if the principle of legality of the prosecution characterizes the criminal proceedings against natural persons, the ones against legal persons could be, conversely, built on the opposite one of discretion. Then, the analysis moves to ascertain that some of the juridical systems open to a discretionary prosecution have also adopted some diversionary tools that let the companies, which have been committed in restorative activities and in the implementation of their compliance programs, to escape the proceedings deriving for the commission of crimes within their own activities. After portraying the scenario of three samples, i. e. the US archetype, the British implementation and the French recent experiment, the focus shifts to Italy, which has not adopted any diversionary means in the proceedings against a corporation yet. There, could the explicitness of the principle of mandatory prosecution represent help to ensure that the suggested insertion of diversionary tools also in the proceedings against legal persons would not present some of the negatives seen where these kinds of instruments already work, above all the degeneration into a means of unjustified disparity?

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Kunz, Karl-Ludwig. "Das neue Strafrecht." Kritische Vierteljahresschrift für Gesetzgebung und Rechtswissenschaft 103, no. 3 (2020): 246–53. http://dx.doi.org/10.5771/2193-7869-2020-3-246.

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A new kind of penal law seems to emerge. Since the late 1970s, the idea of prevention has gained importance beyond the discussion of the purpose of a penalty for a specific offence. Penalizing is now understood as a reasonable action to avert prospectively anticipated dangers to society. Informal loss of control and mega-dangers demand more control through criminal law. Alongside technical prevention a striking penal attribution of responsibility is demanded. Thus, punishing becomes potentially excessive because it refers to an imaginary, not precisely assessable threat whose definite neutralization is sought. The search for the most comprehensive precaution possible favors the tendency to expand the scope and to tighten the sanctions of criminal law. On the other hand, the criminal prosecution becomes more flexible through practices of diversion, informal agreements, early and discreet dispositions of proceedings.

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Dissertations / Theses on the topic "Diversion in criminal proceedings"

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Singh, Nerisha. "Electronic evidence in criminal proceedings." Doctoral thesis, Faculty of Law, 2020. http://hdl.handle.net/11427/32978.

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The research question central to the thesis is stated as follows: what are the implications of new technological phenomena in South African law to the existing legal frameworks in relation to (i) investigatory powers of law enforcement and security and intelligence agencies to obtain electronic evidence, and (ii) its subsequent admissibility in criminal proceedings? Written with an emphasis on South African law, but also taking into account aspects of foreign and international law, the thesis seeks to investigate how our existing legal frameworks which regulate the use of and access to electronic evidence in criminal proceedings, including its admissibility, integrate and adapt to challenges raised by new and rapidly changing technological developments. The thesis provides a critical analysis of the existing legal framework regulating certain key investigative powers of law enforcement and security and intelligence agencies in the current modern environment of the information age in which they operate. Key among them is the Regulation of Interception of Communications and Provision of Communication-Related Information Act 70 of 2002. New technology has not only increased opportunities for criminal activity, it has also created opportunities for law enforcement and security and intelligence agencies to have access to more sophisticated and new capabilities. The range of intrusive capabilities now available to law enforcement and security and intelligence agencies triggers a range of issues and challenges for individual rights, including how those capabilities are used in investigation activities, the scale of their use, the extent to which such capabilities intrude on privacy rights, legislative authority for their use and safeguards that constrain and regulate such new technological capabilities. The challenges of regulating investigative powers in an era of new and fastpaced technological developments is explored in relation to (i) interception of communications (ii) acquisition and retention of communications data, and (iii) access to encrypted information. The introduction of electronic evidence in criminal legal proceedings raises unique challenges in the South African law on evidence. The most interesting perhaps is the extent to which the nature of the evidence presented, in this instance electronic evidence, impacts on admissibility in criminal proceedings. Potential anomalies arise as the relevant legislation, the Electronic Communications and Transactions Act 25 of 2002, is based on an electronic commerce model law concerned with commercial activities. In this regard, two separate issues are the focus of research interest. The thesis offers a rethinking of (a) admissibility of electronic evidence and (b) its weight. The meaning and application of certain statutory provisions, insofar as it applies to electronic evidence as hearsay or real evidence, or both, are key and controversial issues. Another relates to the business records exceptions, which directly translated for electronic records appears to have created a problematic presumption. On matters of evidential weight, there is no ‘one-size-fits-all' approach that will work. While a robust consideration of authentication is required in the court's assessment of evidential weight of electronic evidence, it should not be subject to inflexible tests that make it difficult for authentic electronic evidence to be admitted into evidence. A central premise of the thesis is that evolving technological phenomena can and do present challenges to existing legal concepts on evidence and the investigatory powers of law enforcement and the security and intelligence agencies to obtain electronic evidence and for its admissibility in criminal proceedings. This is done in the context of understanding whether South African law has developed appropriately in response to advancements in technology. In the final analysis, the thesis considers appropriate and meaningful reform towards a modern and transparent legal framework in South African law.

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Radosavljevic, Dragana. "International criminal court, surrender of accused persons and transfer of criminal proceedings." Thesis, University of Westminster, 2006. https://westminsterresearch.westminster.ac.uk/item/92714/international-criminal-court-surrender-of-accused-persons-and-transfer-of-criminal-proceedings.

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The present research focuses on analysing the judicial uncertainty in the implementation, interpretation and application of the ICC Statute both in international and national arenas. In this context examined are the parameters of state sovereignty as the main source of theoretical as well as practical contemporary debate on the relationship between lex specialis character of ICC norms and domestic legal regimes. Varying and frequently inconsistent degrees of international and national compliance with international criminal law due to the multiplicity of legal regimes are scrutinised by analysing the relationship between national and ICC measures with regard to aspects of pretrial proceedings, such as surrender of accused persons and transfer of criminal proceedings, rights of suspects and defendants as well as some aspects of sentencing in so far as they affect the prima facie jurisdiction. One of the main objectives of the ICC Treaty is to advance the unification of international criminal law. Whilst it may be contended that this body of law is acquiring a great degree of specificity and uniformity in content through the Statute, both its development and importantly its scope are fundamentally reliant on interpretation and application at national level; it is here that international criminal law is fragmented. Consequently, its understanding and enforcement are inconsistent. The ICC Statute presents issues that are the result of the fusion of common and civil law traditions as well as a blend of diverse criminal laws within each one of those systems. Distinguishing between Anglo-American and Continental European criminal procedures has become increasingly complex and transgressed. Such blend of legal traditions, whilst it must ensure that justice is rendered with equality, fairness and effectiveness, generates nevertheless everincreasing lack of legal orientation. The aim of this pastiche is therefore to establish an international, uniform standard across contemporary justice systems. However, the application of the ICC provisions will depend on particular method of implementation of the Rome Treaty into domestic law, local political situation, the nature of a conflict (armed conflict is where most of the ICC crimes are likely to occur), any peace process involving regional amnesties and pardons and domestic policies and rules on sentencing. The general perception of the ICC and the law it represents is that of a powerful, centralised regime. Contrary to this belief, a proposition is made here for a less hierarchical international criminal justice that is fundamentally reliant upon national courts and law enforcement agencies. Such a proposition emphasises the need for the ICC involvement at a local level. In this context, the thesis sets out to clarify the ICC law and related Statute enforcement issues.

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Appiah, Eric Yeboah. "Right to fair trial in Ghana criminal proceedings." Doctoral thesis, Universitat Pompeu Fabra, 2017. http://hdl.handle.net/10803/403064.

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Fair trial in the criminal process of Ghana has been violated, constrained and compromised because procedural rights of the accused remain unenforceable. The current legal instruments within the liberal framework for protection are misguided, and the existing instruments do not guarantee the right here in ques-tion. The dissertation discusses procedural rights that interrelate with the prin-ciple of equality of arms. I advocate that the system fails to put the criminally accused on equal balance and relative equality with the state prosecution. For interest of justice, I suggest that legal aid lawyers should be assigned to repre-sent the unrepresented accused at the state expense where the accused has no means to pay. This remains dormant, basic and in superficial application in Ghana. How imperative customary law proceedings as a complement to the English system has been unfolded; and the distinguishing features between Ghana and England/Wales criminal law procedure; impact of the African Char-ter and European Convention over the domestic criminal proceedings of Ghana and England/Wales has been analysed.<br>Juicio justo en el proceso penal de Ghana ha sido violada, constreñido y comprometida debido a los derechos procesales o de procedimiento de los acusados sigue siendo inaplicable. Los instrumentos legales actuales dentro del marco liberal para la protección son equivocados, y los instrumentos existentes no garantizan la cuestión en el presente documento derecha. Se analizan los derechos de procedimiento que se interrelacionan con el principio de igualdad de armas. Abogo por que el sistema no puede poner el acusado penalmente en igualdad de equilibrio y la igualdad en relación con la fiscalía estatal. Por el interés de la justicia, sugiero que abogados de oficio deben ser asignados para representar al acusado sin representación a expensas del estado en el que el imputado no tiene que pagar. Este permanece latente, básico y en aplicación superficial en Ghana. La necesidad imperiosa de un procedimiento de derecho consuetudinario como complemento al sistema de Inglés ha sido desplegada; y las características distintivas entre Ghana e Inglaterra / Gales del procedimiento penal; impacto de la Carta Africana y el Convenio Europeo sobre el proceso penal interno de Ghana e Inglaterra / Gales ha sido analizado.

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Schüttpelz, Kai Oliver [Verfasser]. "Witness Preparation in International and Domestic Criminal Proceedings / Kai Oliver Schüttpelz." Baden-Baden : Nomos Verlagsgesellschaft mbH & Co. KG, 2014. http://d-nb.info/1107613558/34.

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Cashman, Peter Kenneth. "Legal representation and the outcome of criminal proceedings in magistrates' courts." Thesis, University of London, 1989. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.322284.

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Süße, Sascha, and Carolin Püschel. "Collecting evidence in internal investigations in the light of parallel criminal proceedings." Universitätsbibliothek Leipzig, 2016. http://nbn-resolving.de/urn:nbn:de:bsz:15-qucosa-199168.

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Cunha, Fernando Bertolotti Brito da. "As medidas cautelares no processo penal: efetividade e eficiência no processo e os direitos e garantias fundamentais." Pontifícia Universidade Católica de São Paulo, 2017. https://tede2.pucsp.br/handle/handle/19731.

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Submitted by Filipe dos Santos (fsantos@pucsp.br) on 2017-02-22T11:43:08Z No. of bitstreams: 1 Fernando Bertolotti Brito da Cunha.pdf: 773732 bytes, checksum: 1c6dbf87cbe7024460b54243e625f5e0 (MD5)<br>Made available in DSpace on 2017-02-22T11:43:08Z (GMT). No. of bitstreams: 1 Fernando Bertolotti Brito da Cunha.pdf: 773732 bytes, checksum: 1c6dbf87cbe7024460b54243e625f5e0 (MD5) Previous issue date: 2017-02-17<br>Coordenação de Aperfeiçoamento de Pessoal de Nível Superior - CAPES<br>In this work, we intend to present the outlines of the new paradigm of the Brazilian criminal process that emerged after the advent of the Federal Constitution of 1988, and the main characteristics and theoretical references of what we will call constitutional criminal procedure. In this context, we will try to rethink the idea of efficiency in criminal proceedings taking into account, in particular, the studies conducted by the Law and Economics School. Lastly, we will present the precautionary criminal proceeding as a possible route to an efficient constitutional criminal procedure<br>No presente trabalho, pretendemos apresentar os contornos do novo paradigma do processo penal brasileiro surgido a partir do advento da Constituição Federal de 1988 e as principais características e referenciais teóricos daquilo que chamaremos de processo penal constitucional. Nesse contexto, trataremos de repensar a ideia de eficiência no âmbito do processo penal, levando em conta, especialmente, os estudos conduzidos pela escola da Law and Economics. Por fim, apresentaremos o processo penal cautelar como possível caminho para o processo penal constitucional eficiente

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VanZandt, David. "The duality of florida's criminal pretrial diversion programs a separate treatment court for veterans." Honors in the Major Thesis, University of Central Florida, 2012. http://digital.library.ucf.edu/cdm/ref/collection/ETH/id/631.

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This thesis examines two issues facing Florida's young and fledgling Veteran Treatment Courts. First is whether or not a separate hybrid court of already existing mental health and drug courts is needed exclusively for veterans; and second, funding and efficiency of such courts as compared to traditional criminal institutions.<br>B.A. and B.S.<br>Bachelors<br>Health and Public Affairs<br>Legal Studies

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Ringhoff, Daniel Harold. "Clinical and Criminal Justice Outcomes in the Jail Diversion and Trauma Recovery (JDTR) Program." Scholar Commons, 2015. https://scholarcommons.usf.edu/etd/5565.

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This mixed methods study evaluated clinical and criminal justice outcomes of the Florida Jail Diversion and Trauma Recovery (JDTR) program that utilized compensated veteran peer mentors. Quantitative results showed veteran participation in JDTR improved clinical outcomes, such as PTSD symptoms, function difficulty and depression scores, but not criminal justice outcomes such as re-arrest rates. Study limitations, however, prevent the drawing of conclusions regarding the potential effectiveness of veteran peer interventions improving criminal justice outcomes. Qualitative results showed participants overwhelmingly viewed their assigned veteran peer mentor as a "peer" and rated them as "very important" to their future success. Improvements in avoidance and numbing and depression symptoms also suggest peer interventions may be effective in improving responsivity to evidence-based criminal justice interventions. Overall, findings were consistent with the RNR model that views mental illness as a responsivity factor, not a criminogenic need. They were also consistent with research on "first generation" forensic mental health interventions that shows improvements in clinical outcomes do not result in reductions in recidivism. Social workers as well as other mental health clinicians and policy makers should be familiar with evidenced-based criminal justice strategies, such as RNR, that focus on reducing recidivism and should incorporate these strategies into the development, implementation and evaluation of "second generation" interventions. Future research should evaluate the fidelity of implementation of such interventions as well as the role of peer mentors and importance of the recovery model and therapeutic alliance in improving criminal justice outcomes and responsivity.

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Dumani, Msebenzi. "Aspects of expert evidence in the criminal justice system." Thesis, Nelson Mandela Metropolitan University, 2005. http://hdl.handle.net/10948/435.

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The rule excluding evidence of opinion is traditionally stated in broad and general terms, subject to a more or less closed list of exemptions. Stephen says that a witness’s opinion is “deemed to be irrelevant”. A witness may depose to the facts which he has observed, but he may not ordinarily state any inferences which he has drawn from those facts, or opinions founded upon facts of which he has no personal knowledge. The general rule is that the evidence of opinion or belief of a witness is irrelevant because it is the function of a court to draw inferences and form its opinion from the facts; the witnesses give evidence as to the facts and the court forms its opinion from those facts. The opinion of an expert is admissible if it is relevant. It will be relevant if the witness’s skill, training or experience enables him materially to assist the court on matters in which the court itself does not usually have the necessary knowledge to decide. Where the topic is such that an ordinary judicial officer could be expected to be able, unassisted, to draw an inference, expert evidence is superfluous. In principle, there is no rule that a witness cannot give his opinion on an issue that the court has to decide ultimately. It is not experts alone who may give their opinions on ultimate issues but, in practice, there is a strong tendency to regard the evidence of lay persons on ultimate issues as constituting prima facie evidence only. If such lay testimony remains unchallenged, it may be of greater significance. It is generally true that relevant evidence is admissible and irrelevant evidence is inadmissible. At this stage the following question may be posed: is the opinion of any witness – whether from an expert or lay person – admissible evidence? Should an opinion be admitted for purposes of persuading the court to rely on it in deciding the issue at hand? The basic answer is that relevance remains the fundamental test for admissibility. Certain issues simply cannot be decided without expert guidance. Expert opinion evidence is therefore readily received on issues relating to ballistics, engineering, chemistry, medicine, accounting and psychiatry, to mention only a few examples. The problem which arises is this: what is the best way of cross-examining the expert witness? Although the concept of skilful cross-examination conjures up the image of the crossexaminer destroying the expert witness in the witness box, total annihilation of expert evidence in court occurs only rarely. In reality, lawyers who are expected to cross-examine experts are often at a disadvantage in that they do not possess sufficient in-depth knowledge of the specific field of expertise to enable them to cross-examine the witness. Despite the expert nature of the evidence, it is suggested that the true basis of crossexamination should not be abandoned when dealing with experts. The effectiveness of crossexamination is enhanced by keeping the number of questions to a minimum as well as opening and concluding with good strong points. At the outset it should be mentioned that there is a distinction between matters of scientific fact and matters of mere opinion. On matters of scientific fact experts seldom differ but within the province of opinion one encounters difficulties. Lengthy cross-examination concerning expert’s theoretical knowledge is usually inefficient and should rarely be attempted. Cross-examination should be directed at pure logic or scientific analysis. The cross-examiner should always have relevant authority with him in court so as to confront the expert with these. The whole effect of the testimony of an expert witness can also be destroyed by putting the witness to test at the trial as to his qualifications, his experience and his ability and discriminations as an expert. A failure to meet this test renders his evidence nugatory.

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Books on the topic "Diversion in criminal proceedings"

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1947-, Snashall Ron, ed. Pre-trial diversion for adult offenders: Proceedings, 20-22 August 1985. Australian Institute of Criminology, 1986.

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Gavin, Dingwall, ed. Diversion in the criminal process. Sweet & Maxwell, 1998.

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Proshlyakov, Aleksey. Criminal proceedings. INFRA-M Academic Publishing LLC., 2021. http://dx.doi.org/10.12737/1699408.

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The textbook was prepared by the author's team of the Department of Criminal Procedure of the Ural State Law University in accordance with the course program "Criminal Procedure" developed by him, which fully complies with the State Standard of higher legal education (bachelor's, specialist, master's, postgraduate). It takes into account and uses all the changes made to the criminal procedure law, judicial practice, as well as a wide range of scientific and practical works of domestic and foreign procedural scientists. The textbook is provided with a glossary and illustrated with diagrams on the main topics of the course. For students, postgraduates and teachers of law schools and faculties, as well as practicing lawyers, law enforcement officers, researchers

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Criminal trial proceedings. Alberta Law Reform Institute, 2012.

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Corre, Neil. Bail in criminal proceedings. Fourmat Publishing, 1990.

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Colorado. Office of State Auditor. Juvenile diversion program, Division of Criminal Justice: Performance audit. Office of State Auditor, 1997.

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Payne, Jason. Police drug diversion: A study of criminal offending outcomes. Australian Institute of Criminology, 2008.

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Hearsay evidence in criminal proceedings. Hart Pub., 2008.

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Derek, Dunne. Judicial review of criminal proceedings. Round Hall, 2011.

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Bernard, Starkman, ed. Mental disorder in criminal proceedings. Carswell, 1993.

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Book chapters on the topic "Diversion in criminal proceedings"

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Singer, Simon I. "Juvenile Diversion." In Encyclopedia of Criminology and Criminal Justice. Springer New York, 2014. http://dx.doi.org/10.1007/978-1-4614-5690-2_82.

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Steele, Linda. "Introducing court diversion." In Disability, Criminal Justice and Law. Routledge, 2020. http://dx.doi.org/10.4324/9781351240338-1.

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Steele, Linda. "Problematising court diversion." In Disability, Criminal Justice and Law. Routledge, 2020. http://dx.doi.org/10.4324/9781351240338-2.

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Steele, Linda. "Theorising court diversion." In Disability, Criminal Justice and Law. Routledge, 2020. http://dx.doi.org/10.4324/9781351240338-3.

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Steele, Linda. "Theorising court diversion." In Disability, Criminal Justice and Law. Routledge, 2020. http://dx.doi.org/10.4324/9781351240338-4.

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Pruin, Ineke. "Law, Diversion and Community Sanctions in Juvenile Justice." In Encyclopedia of Criminology and Criminal Justice. Springer New York, 2014. http://dx.doi.org/10.1007/978-1-4614-5690-2_572.

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Kirchleitner, D., M. Roth, D. Jocham, and H. Wassermann. "Artificial Urinary Diversion System - kinematic requirements on fixation." In IFMBE Proceedings. Springer Berlin Heidelberg, 2009. http://dx.doi.org/10.1007/978-3-642-03887-7_70.

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Seetahal, Dana S., and Roger Ramgoolam. "Committal proceedings." In Commonwealth Caribbean Criminal Practice and Procedure. Routledge, 2019. http://dx.doi.org/10.4324/9780429955570-11.

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Okere, Chinedu J., Lihui Zheng, Guandong Su, Hao Liu, Qifan Chang, and Obiora J. Obiafudo. "Critical Analysis of Productivity of Well 2L After Foam-Acid Diversion." In Proceedings of MEACM 2020. Springer International Publishing, 2021. http://dx.doi.org/10.1007/978-3-030-67958-3_3.

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Stehle, Sebastian. "Empirical Judgement in Criminal Proceedings." In Legal Certainty in a Contemporary Context. Springer Singapore, 2016. http://dx.doi.org/10.1007/978-981-10-0114-7_8.

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Conference papers on the topic "Diversion in criminal proceedings"

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Rosidah, Nikmah, and Chaidir Ali. "Misconception on the Implementation of Diversion System Within Child Criminal Justice System in Indonesia." In Proceedings of the 2nd International Conference on Fundamental Rights, I-COFFEES 2019, 5-6 August 2019, Bandar Lampung, Lampung, Indonesia. EAI, 2021. http://dx.doi.org/10.4108/eai.5-8-2019.2308617.

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Triwati, Ani. "The Best Interest of the Juvenile in the Diversion Agreement within Juvenile Criminal Justice System." In Proceedings of the 1st International Conference on Education, Humanities, Health and Agriculture, ICEHHA 2021, 3-4 June 2021, Ruteng, Flores, Indonesia. EAI, 2021. http://dx.doi.org/10.4108/eai.3-6-2021.2310828.

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Pandiangan, Ridho, Ranap Sitanggang, Bintang Naibaho, and Bintang Christine. "THE IMPLEMENTATION OF DIVERSION AS A LEGAL PROTECTION EFFORTS FOR CHILDREN OF THE NARCOTICS CRIMINAL ACTORS." In Proceedings of the First Nommensen International Conference on Creativity & Technology, NICCT, 20-21 September 2019, Medan, North Sumatera, Indonesia. EAI, 2020. http://dx.doi.org/10.4108/eai.10-6-2020.165510.

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Krismiyarsi. "Formulation Policy About Diversion in the System of Juvenile Criminal Justice as an Effort for Criminal Prevention." In International Conference on Law, Economics and Health (ICLEH 2020). Atlantis Press, 2020. http://dx.doi.org/10.2991/aebmr.k.200513.114.

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Presnikov, A. V. "Physical evidence in criminal proceedings." In Scientific Trends: Law. ЦНК МОАН, 2019. http://dx.doi.org/10.18411/spc-20-10-2019-04.

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Nurhilmiyah, Nurhilmiyah, Ida Hanifah, and Asliani Asliani. "Existence Of Criminal Fine In Criminal Act Of Corruption." In Proceedings of the First Nommensen International Conference on Creativity & Technology, NICCT, 20-21 September 2019, Medan, North Sumatera, Indonesia. EAI, 2020. http://dx.doi.org/10.4108/eai.20-9-2019.2296593.

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Sukmareni, Sukmareni, Aria Zurneti, and Syaiful Munandar. "Policy for Formulating Criminal Law in the Indonesian Criminal Justice System." In Proceedings of the First International Conference on Progressive Civil Society (ICONPROCS 2019). Atlantis Press, 2019. http://dx.doi.org/10.2991/iconprocs-19.2019.60.

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Ryapolova, Yarosslava. "Legal Status Of Initial Stage Of Criminal Proceedings In Russian Criminal Legislation." In SCTCMG 2019 - Social and Cultural Transformations in the Context of Modern Globalism. Cognitive-Crcs, 2019. http://dx.doi.org/10.15405/epsbs.2019.12.04.363.

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Simandjuntak, Reynold, Wenly R. J. Lolong, and Gelar Ali. "Juridical Analysis of Criminal Act Against Nation Ideology in Indonesian Criminal Law." In Proceedings of the 1st International Conference on Social Sciences (ICSS 2018). Atlantis Press, 2018. http://dx.doi.org/10.2991/icss-18.2018.159.

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Kalenteva, Tatiana, and Viktoria Bolgova. "Electronic Format of Criminal Cases as a Leading Trend in Modern Criminal Proceedings." In 6th International Conference on Social, economic, and academic leadership (ICSEAL-6-2019). Atlantis Press, 2020. http://dx.doi.org/10.2991/assehr.k.200526.067.

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Reports on the topic "Diversion in criminal proceedings"

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Jones, Nicole S. 2018 Impression, Pattern and Trace Evidence Symposium. RTI Press, 2018. http://dx.doi.org/10.3768/rtipress.2018.cp.0006.1805.

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From January 22 to 25, 2018, RTI International, the National Institute of Justice (NIJ) and the Forensic Technology Center of Excellence (FTCoE) held the 2018 Impression, Pattern and Trace Evidence Symposium (IPTES) in Arlington, VA, to promote collaboration, enhance knowledge transfer, and share best practices and policies for the impression, pattern, and trace evidence forensic science communities. NIJ and FTCoE are committed to improving the practice of forensic science and strengthening its impact through support of research and development, rigorous technology evaluation and adoption, effective knowledge transfer and education, and comprehensive dissemination of best practices and guidelines to agencies dedicated to combating crime. The future of forensic sciences and its contribution to the public and criminal justice community is a motivating topic to gather expertise in a forum to discuss, learn, and share ideas. It’s about becoming part of an essential and historic movement as the forensic sciences continue to advance. The IPTES was specifically designed to bring together practitioners and researchers to enhance information-sharing and promote collaboration among the impression, pattern, and trace evidence analysts, law enforcement, and legal communities. The IPTES was designed to bring together practitioners and researchers to enhance information sharing and promote collaboration among impression, pattern, and trace evidence analysts, law enforcement, and legal communities. This set of proceedings comprises abstracts from workshops, general sessions, breakout sessions, and poster presentations.

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