Court Sanctions Research Articles

Human Trafficking in Indonesia: Law Enforcement Problems

Human Trafficiking is considered as a crime against humanity. To conduct the due process of law towards cases related with human trafficking, the law enforcement officers cannot work by themselves. They really need assistance from many parties – such as active report from the society – as a valuable information to disclose such cases. Law enforcement conducted towards woman and child trafficking is still ineffective. It is proven by many existing cases, that low number of processed cases before the court and minimum sanction convicted to the perpetrators is clearly evident. Factors which are deemed to have correlation with low attempt of law enforcement towards legal case on this case, among others are: Lack of the Government’s commitment to fight against the crime of human trafficking, in the event that the ineffectiveness in utilization of prevailing laws and regulation; Lack of capacity of professionalism of law enforcement agency (and relevant parties) in handling women and child trafficking at the field. This may be caused by lack of knowledge on infringed regulation. For that matter, those law enforcement agency shall be given socialization and an SOP (standardized operational procedure), so that there will be no inconsistency in handling the existing cases.

Lessons from a successful and failed random assignment testing batterer program innovations

With increasing pressure to conduct experimental evaluations of domestic violence interventions, it is important to weigh further the most challenging aspect of experimental designs: the implementation of random assignment. This paper reviews two attempted experimental evaluations of counseling programs for domestic violence offenders, and formulates implications for conducting and interpreting program evaluations. The two case studies offer an instructive comparison of a maximally implemented experiment and a failed one at the same setting. In the first study, the random assignment was introduced within the counseling program and with implicit leverage of court sanctions for non-compliance to the assignment. In the second, random assignment was disrupted by unforeseeable events and inter-agency breakdowns in the complex referral system. Interestingly, implementation issues in both studies raised divergent interpretations from researchers and practitioners. They appear to imply a need for more disclosure of implementation problems in experimental evaluations and for more caution about over interpreting the existing experimental evaluations in the field.

Implementing Mental Health Treatment for Batterer Program Participants

The implementation of a screening and referral system for supplemental mental health treatment among batterer program participants was investigated in a 2-year formative evaluation. The research team conducted direct observation of the agency procedures, participation in training and supervision meetings, debriefing interviews with administrators, and informal conversations with staff and clients. Inconsistencies and breakdowns associated with nearly every step of the screening and referral process were identified, for example, notification of referral instructions and verification of clinical compliance. Court sanctions for referral noncompliance remained inconsistent even during court-mandated referral. Several underlying issues were also exposed: administrative absenteeism and turnover, administrative-staff gaps, client overload, and differing agency priorities. These issues reinforce the challenges facing coordinated community response.

"Torture Chambers and Rape Rooms": What Abu Ghraib Can Tell Us about the American Carceral System

There's still remnants of that regime that would like to take it back. . . . They could torture people and have rape rooms, and the world would turn their head from that and let it happen. But they can't do that anymore. Defense Secretary Donald Rumsfeld, BBC Interview, March 16, 2004 The Knowledge Which Does Not Know Itself In May 2004, George W. Bush addressed an audience at the United States Army War College, responding to the Abu Ghraib prison scandal with one of the most telling statements of his presidency: A new Iraq will also need a humane, well-supervised prison system. Under the dictator, prisons like Abu Ghraib were symbols of death and torture. That same prison became a symbol of disgraceful conduct by a few [End Page 171] American troops who dishonored our country and disregarded our values. America will fund the construction of a modern, maximum security prison. When that prison is completed, detainees at Abu Ghraib will be relocated. Then, with the approval of the Iraqi government, we will demolish the Abu Ghraib prison, as a fitting symbol of Iraq's new beginning. (Bush 2004) Bush's message is impressively odd, not only in its brazen ideology, but also in its slavish dedication to the carceral, beginning with the first sentence that assumes there is nothing a new nation needs so much as new prisons. Less odd though, is Bush's assurance that the scandal is the result of a few abuses committed by a few dishonorable soldiers, not as the deliberate intelligence-gathering program for which it has recently been exposed (Dratel and Greenberg 2005). And even less odd is his attempt to separate the Abu Ghraib under Saddam Hussein from the Abu Ghraib under U.S. occupation. The abuses should not be confused with our core American values, he tells us, values that these incidents prove by their very violation. No matter the actions of a few renegade soldiers, we are to remember there is a fundamental difference between the terrorism of Saddam Hussein and the terrorism of the United States. The media response to the scandal was appropriately mixed. The most extreme pundits chose to validate torture as the prerogative of an inherently moral nation. Ethical morons like Alan Dershowitz argued that if we are to torture people openly we ought to provide some kind of court sanction, and Newsweek editor Jonathan Alter opined that we might be a little less fussy about outsourcing it to less scrupulous regimes (Žižek 2002, 102-3). Pat Buchanan led the audience of his MSNBC talk show in the public endorsement of an alleged al Qaeda agent's torture, and Fox News commentators concurred, adding he is "a piece of human garbage with no rights whatsoever" (qtd. in Žižek 2004a, 52-53). It was a spectacle that, as Slovenian philosopher Slavoj Žižek comments, "makes one nostalgic for the good old days of the colonial war in Algeria, when the torture practiced by the French Army was a dirty secret" (2004a, 53). Most just adopted Bush's distinction, preserving the sanctity of American values against the sadism evidenced at Abu Ghraib. The [End Page 172] eminently servile Christopher Hitchens, for example, chastised us for even daring to compare the two: Let me begin with a simple sentence that, even as I write it, appears less than Swiftian in the modesty of its proposal: "Prison conditions at Abu Ghraib have improved markedly and dramatically since the arrival of Coalition troops in Baghdad. . . ." I could undertake to defend that statement against any member of Human Rights Watch or Amnesty International, and I know in advance that none of them could challenge it, let alone negate it. Before March 2003, Abu Ghraib was an abattoir, a torture chamber, and a concentration camp. Now, and not without...

Juvenile Offenders in the Adult Criminal Justice System

Most state legislatures have instituted punitive reforms in response to rising rates of youth crime, including provisions that transfer an increasing number and range of adolescents to criminal courts for adult prosecution. Proponents assert that juvenile court sanctions and services constitute neither just nor effective responses to savvy juvenile offenders and propose that criminal prosecution will insure more proportionate punishments, provide more effective deterrence, and achieve greater incapacitation. The empirical evidence is too limited to be definitive, but it suggests that most of those assertions are wrong. Expansive transfer policies send many minor and nonthreatening offenders to the adult system, exacerbate racial disparities, and move adolescents with special needs into correctional systems ill prepared to handle them. Transfer results in more severe penalties for some offenders, but there is no evidence that it achieves either general or specific deterrent effects. There is credible evide...

A Silly Question? Court Sanctions Against Defence Counsel for Trial Misconduct

A Silly Question? Court Sanctions Against Defence Counsel for Trial Misconduct

Court sanctions trial lawyer for breach of confidentiality

Court sanctions trial lawyer for breach of confidentiality

The Comparative Advantage of Juvenile Versus Criminal Court Sanctions on Recidivism among Adolescent Felony Offenders*

This study addresses the longstanding and contentious debate on the merits of transferring cases from juvenile to adult court with the expectation of more certain, severe, or effective punishment. It compares the severity, certainty and celerity of sanctions for N=800 15‐ and 16‐year‐old adolescents charged with robbery and burglary in juvenile court in New Jersey with identical offenders in matched communities in New York State whose cases are adjudicated in criminal court, and determines the effectiveness of these sanctions in reducing recidivism and reincarceration. Results showed that incarceration rates were higher for adolescents sentenced in the criminal court, but sentence lengths were comparable. However, recidivism rates were significantly lower for adolescents sentenced in the juvenile court, regardless of sentence type or severity. The results suggest that efforts to criminalize adolescent offending may not produce the desired results and may in fact be counterproductive. There is no support for legislative efforts to eliminate the special jurisprudence for adolescent crimes or the separate jurisdiction for juvenile offenders.

The Impact Of Intensive Supervision Probation On Gang - Drug Offenders

The use of intermediate sanctions has recently received increasing interest among correctional professionals. Intensive Supervision of Probationers (ISP) has been implemented extensively yet rarely with serious drug offenders associated with gangs. This study reports on a study conducted during 1988-89. The research assessed the impact of ISP on 90 offenders over a twelve month period. The principal findings suggest that ISP clients were not subjected to distinctly greater services or monitoring of court sanctions. At the conclusion of the study period half of the ISP clients were returned to jail or prison. The research provides a foundation for policy regarding the utility of sentencing drug and gang offenders to probation.

Determinants of Judicial Waiver Decisions for Violent Juvenile Offenders

The selection of jurisdiction for adjudicating juvenile crime today is one of the most controversial debates in crime control policy, reflecting differences in assumptions about the causes of crime and philosophies of jurisprudence and punishment. For adolescent offenders, especially violent youth whose behaviors may pose particular social danger, critics view the traditional goals of the juvenile court and the 'best interests of the child standard as being at odds with public concerns for retribution and incapacitation of criminals. The choice between jurisdictions is a choice between the nominally rehabilitative dispositions of the juvenile court and the explicitly punitive dispositions of the criminal courts.' The choice reflects differences between sentencing policies that assign primary importance to the individual and those that accord greater significance to the seriousness of the offense committed and the goal of proportional punishment. _ Critics of the juvenile court's rehabilitative policies suggest that the court's sanctions for violent crimes are not only inappropriate and disproportionate for the seriousness of the crimes, but also inef-

Familial Social Control and Pretrial Sanctions: Does Sex Really Matter?

The literature pertaining to gender and criminal involvement and gender and criminal court sanctions has largely remained disconnected. We propose that the major explanatory themes in these two bodies of literature have a common element-sex-based differences in informal social control. We then test two hypotheses which examine the relationship between familial social control and the pretrial release decisions accorded to male (N = 1,558) and female (N = 1,365) offenders over a sixteen year period (1965-1980). We find that: (i) the effect of familial social control on evidence of gender-based leniency in the allocation of pretrial freedom varies substantially over the sixteen year period; (ii) generally a defendant's gender does not condition the influence of familial social control on pretrial release status; and (iii) the legal determinants of pretrial freedom provide the strongest evidence of gender-bias in the allocation of this criminal sanction. The implications of our work for future studies of the sex-sanctioning issue are also discussed. In an earlier article that used longitudinal data to examine the effect of sex on two criminal court sanctions, the conclusion emerged that gender-related statuses had a significant effect on reducing evidence of sex-based leniency in the allocation of pretrial

Gender and Crime: Offense Patterns and Criminal Court Sanctions

The relation between gender and criminality is strong, and is likely to remain so. Women have traditionally been much less likely than men to commit violent crimes, and that pattern persists today. Rates of female involvement in some forms of property crime-notably petty theft and fraud-appear to be increasing. However, while the relative increase in women's property crime involvement is significant, female participation even in these crimes remains far less than that of men. The relation of gender to case processing decisions in the criminal justice system varies from stage to stage. Although the pertinent literature is plagued by methodological and interpretive problems, several tentative conclusions can be offered. Women are more likely than men, other things equal, to be released on recognizance; however, when bail is set, the amount of bail does not appear to be affected by the defendant's gender. There is no clear evidence that the defendant's gender systematically affects prosecution, plea negotiat...

IDEAL AND REALITY IN REAPPORTIONMENT

ABSTRACT The redistricting of Washington State presented an opportunity to apply, with court sanction, a variety of geographic criteria: compactness and regularity; integrity of well-known units (counties and cities); following of natural geographic boundaries; and consideration of functional unity and cultural homogeneity—rather than a political criterion of partisan advantage to particular parties. The existence of two party plans provided an opportunity to measure the effect of such partisanship through comparing the operation of differing criteria to the same data.

Federal Taxation: Tax Court Sanctions Deferred Accrual of Finance Charges Subject to a Possibility of Abatement

Federal Taxation: Tax Court Sanctions Deferred Accrual of Finance Charges Subject to a Possibility of Abatement

TRICKS OF TAXATION UNDER NEW JERSEY INHERITANCE TAX ACT: SUPREME COURT SANCTIONS MAGICAL MATHEMATICAL FORMULA PRINCIPLE OF AGGREGATION APPROVED

Previous articleNext article FreeTRICKS OF TAXATION UNDER NEW JERSEY INHERITANCE TAX ACT: SUPREME COURT SANCTIONS MAGICAL MATHEMATICAL FORMULA PRINCIPLE OF AGGREGATION APPROVEDJOSEPH F. McCLOYJOSEPH F. McCLOY Search for more articles by this author PDFPDF PLUS Add to favoritesDownload CitationTrack CitationsPermissionsReprints Share onFacebookTwitterLinkedInRedditEmail SectionsMoreDetailsFiguresReferencesCited by Volume 5, Number 5February 1920 Article DOIhttps://doi.org/10.1086/bullnattax41785361 Views: 49Total views on this site Journal History This article was published in The Bulletin of the National Tax Association (1916-1947), which is continued by the National Tax Journal (1948-present). © 1920 National Tax Association. All rights reserved.PDF download Crossref reports no articles citing this article.