Criminal Justice Process Research Articles

Cross-national differences in female offending and criminal justice processing

ABSTRACT The purpose of this study is to assess whether four key theoretical perspectives on female criminality—emancipation, economic marginalisation, net-widening, and modernisation—explain female representation in the criminal justice system equally well for both developed and developing countries and to assess whether the same factors that can explain women’s levels of criminal offending can also explain their representation in subsequent stages of criminal justice processing. Analyzing pooled data for 37 highly developed and 38 less developed countries from 2003 to 2013, the results provide support for modernisation, emancipation, and net-widening theories, but not for economic marginalisation theory. Emancipation and net-widening theories have more explanatory power for more developed countries than less and they can explain women’s representation at different levels of criminal justice processing.

KORBAN TINDAK PIDANA PERKOSAAN (Studi Putusan Nomor 358/Pid.Sus/2016/PN.Mdn)

Attention and protection of the victims’ interests of the crime of rape either through the criminal justice process or through certain social care facilities is an absolute part that needs to be considered in criminal law policies and social policies, both by the executive, legislative and judicial institutions as well as by social institutions which exists. This research uses a descriptive method through a normative approach (legal research), namely an approach to problems which carried out by examining various legal aspects in terms of applicable regulations. In the context of protection for victims of crime, there are preventive and repressive measures taken, both by the community and the government (through law enforcement officers), such as providing protection/supervision from various threats that can endanger the lives of victims, providing adequate medical and legal assistance. The process of examination and fair trial of perpetrators of crimes is basically a manifestation of the protection of human rights as well as a balancing instrument. This is where the philosophical basis behind the importance of crime victims (their families) getting protection. Keywords: Legal Protection, Victims, Rape

Envisioning Justice: The Complex Journey of Cold Case Homicide Survivors.

While police make an arrest in the majority of homicide cases occurring annually in the United States, a portion remain unsolved and are eventually classified as "cold cases." Family members of the victims are not only left grieving the loss of their loved ones, but also plagued by the knowledge that the murderer has yet to be officially identified or held accountable. How do these family members-cold case homicide survivors-navigate their open-ended journey through grief? Using a social constructivist approach, we analyze in-depth interviews with 24 cold case homicide survivors to describe the unique dimensions of their experience, including how their hopes are tied to understandings of achieving justice for their loved ones. Three themes emerge from their narratives: a certainty that the killers will be identified; a demand for the harshest punishment possible; and an underlying anxiety about what the identification of the offender will ultimately mean for them. We consider the implications of survivors' expectations for the future, especially for their relationships with the police, other family members, and the criminal justice process in general.

Penerapan Sanksi dalam Meminimalisir Kejahatan Anak Ditinjau dari Undang-undang Nomor 11 Tahun 2012 Tentang Sistem Peradilan Pidana Anak

The implementation of legislation either nationally or internationally linked to the implementation of restorative justice as one of the alterntif in the process of implementation of conviction against children in conflict with the law had been applied, but the case has not yet been thoroughly and still limited at the law enforcement officers and observers who are committed and integrity as well as having the attention to this problems. The implementation of restorative justice which is applied at each level of the process of criminal justice in the form of taking back the children to their parents, versioned by handing the children to Panti Sosial Marsudi Putra (PSMP), and the implementation of social integration through giving CB, CMB, and PB for children who are already serving imprisonment. Some obstacle factors the implementation of restorative justice as one of the alternatives in the implementation of conviction against children in conflict with the law, including physical building facilities and non-physical facilities and legal substance. It is because restorative justice has not been expressly regulated, even though in the law nomer 11, 2012 concerning about the Child Criminal System has been regulated but until now it has not been declared valid. The other factors are legal structure and legal culture.

CRIMINAL POLICY IN CHILDREN'S CONSTRUCTION EFFORTS AS A NARCOTIC CRIMINAL ACTION PERSON

Cases of narcotics abuse are increasing. This is evidenced by the almost<br />daily press reports from newspapers and electronic media about smuggling, illegal<br />trade, arrests and detention related to the problem of narcotics abuse. The purpose of<br />narcotics abuse is a deviant or accidental use of narcotics. So the act violates the law and<br />is threatened with criminality. Criminal policy in an effort to control children as<br />perpetrators of narcotics crimes. Threats of imprisonment that can be imposed on<br />children no later than 1/2 (one half) from the maximum threat of imprisonment for<br />adults. This means that the criminal threat for children who become narcotics couriers is<br />half of the criminal threats contained in the Narcotics Law. For children who become<br />couriers or narcotics brokers, they must be based on the mechanism stipulated in the<br />Child Protection Act and the Juvenile Justice System Law. Law enforcement for<br />perpetrators who are still under age, there is a special provision called diversion, namely<br />the transfer of settlement of child cases from criminal justice processes to processes<br />outside of criminal justice

KAJIAN YURIDIS TERHADAP EKSPLOITASI ANAK DI DESA PANGANDARAN

This research is very important to carry out research on children in Pangandaran Village based on the observation of Pangandaran Village is quite large in the exploitation of children because it is a tourist area.This research was carried out using Qualitative Descriptive Research Methods. The data collected consist of primary data and secondary data. Primary data was obtained from interview with research respondents, namely the Employees of the Social Service of Pangandaran District and Members of the Pangandaran Police Station. Only secondary data is available at the office or in Pangandaran office and other publications.Based on the research result obtained that (1) Every carrie out on children that can cause adverse problems, mental or mental health, or moral development children, in Pangandaran Village which related to Articel 13 of Law Number 35 Year 2014 on Law Number 23 of 2002 concerning Child Protection (2) Efforts made by the Government and law enforcement for its prevention by using the Child Protection Act, and Comprehensively by making efforts that affect activities that can be categorized as child exploitation with the criminal justice process in forceKeywords: Child Protection, Child Exploitation,

Trial and (Potential) Error: Conflicting Visions on Reparations Within the ICC System

Twenty years ago, the International Criminal Court (hereinafter ICC or the Court) was established holding the aim of placing victims at the heart of international criminal justice proceedings and delivering justice to them through, among others, reparations. Article 75 of the Rome Statute lays out the reparations regime, and, in practice, court-ordered reparations are a means of delivering such justice. Focusing on Court decisions on reparations, our analysis takes stock of all developments before the ICC and attempts to highlight the mismatch between characteristics inherent to the objectives of international criminal trials such as providing accountability and punishment of the accused and delivering justice for victims of mass crimes—the so-called procedural challenges. We also submit that the Court is facing conceptual challenges, related to an apparent misunderstanding of the various concepts at stake: reparations as such and the various modalities and channels of enforcing them. We conclude that although the ICC’s reparation regime may not be the best reparative response to provide justice to victims in conflict situations affected by mass victimization, we suggest that improving the ICC’s approach includes, at a minimum, tackling these challenges.

Pleading Guilty: Why Vulnerability Matters

AbstractThis article examines the Sentencing Council's recent definitive guideline on what reductions in sentence can be offered for a guilty plea. We argue that its emphasis on facilitating early guilty pleas represents more than just an incentive to those intending to plead guilty and poses significant risks for defendants with vulnerabilities. The article questions whether the guideline can amount to an inducement to plead guilty which places uneven burdens on defendants and fails to pay due regard to the duties owed by public authorities under the Equality Act 2010. In so doing it asks questions about the integrity of the criminal justice process and argues that issues of cost‐efficiency and the constructed interests of victims may have outweighed both the rights of those with vulnerabilities and the objectives of the legislative framework designed to protect them. The issues raised are universally relevant to any system that favours defendants who offer guilty pleas.

Spent convictions in Hong Kong

In 1986 the Legislative Council of Hong Kong enacted the Rehabilitation of Offenders Ordinance. The purpose of the Ordinance is to help an individual convicted of a single minor offence to have his conviction spent. Once a conviction is spent, the individual is, in certain circumstances, allowed not to disclose it and the court is barred from referring to it in certain circumstances. The purposes of this article are to demonstrate the drafting history of the Rehabilitation of Offenders Ordinance, discuss case law emanating from courts in Hong Kong on some sections of the Rehabilitation of Offenders Ordinance, and based on the experience and practice from other commonwealth countries or jurisdictions, make recommendations on how some sections of the Rehabilitation of Offenders Ordinance may be amended to strengthen the spent convictions regime. In order to contextualise the drafting history of the Ordinance, the author will also attempt to demonstrate why this proposal emerged in the 1980s – a period known for the start of the gradual democratisation of Hong Kong, the relevant factors which were happening in relation to Hong Kong’s criminal justice system and process, and the players involved.

Diversion and Restorative Justice in the Criminal Justice System of Children in Indonesia

Diversity and Justice Justice is the norm in the Criminal Justice System in Indonesia, as regulated in Law Number 2012 on the System Juvenile Justice. The latest Law Number 11 Year 2012 was not available to be separated by UN Resolution Number 44.25 about Convention of the Rights which was ratified by the Indonesian Government dated January 26, January 1990 in the Presidential Decree No. 36 Year 1990. Convention on the Rights of the Children of the Republic of Indonesia was the basis of the consideration of the establishment of Law Number 11 of 2012 about Juvenile Criminal Justice System which replaced Law Number 3 1997 concerning Juvenile Court. At this time, there are a number of developed countries that have implemented diversion, among others is Australia. Australia has Act on Juvenile Crimes (The Young Offenders Act 1977).In which the Law gives the authority of lawyers (police)to do diversion child offender. This thing can be known from the purpose of the Juvenile Criminal Act Law. In Australia, the policymaking has the authority to do diversion in handling crime done by child. Authority is done with consideration: a) avoiding labeling or stigma which was caused by the effects of the system judicial justice. b) There are doubts about whether to progress from treatment to children. In Indonesia, regulated in Law Number 11 of 2012 about the Juvenile Criminal Justice System, which began after 2 years promulgated on July 30, 2012. In Law Number 11 of 2012, diversion was regulated in Article 17, Article 6 / Article 15. Regarding the restorative justice in developed countries, restorative justice not only in academic fields and practical practice and criminology North America, Australia, and some Europeans, restorative justice has been applied to all know the conventional criminal justice process, namely the investigation, prosecution, stage adjudication, and the stages of the trial. The justice-restructuring process looks for a facility dialogue between various parties affected by crime, including victims, perpetrators supporters and community are all over. Death involves the process that all parties who acted in crime were at the same time together to try to complete the scrutiny of how the negotiation after the crime has taken place Indonesia trial justice regulated in Article 1 Article 6, Article 5 (1) and Article 8 Section (1)Law Number 11 Year 2012.

\u2018A Witness in My Own Case\u2019: Victim\u2013Survivors\u2019 Views on the Criminal Justice Process in Iceland

Arguments in favour of strengthening the rights of victim–survivors in the criminal justice process have largely been made within the framework of a human rights perspective and with a view to meeting their procedural needs and minimising their experiences of secondary victimisation. In this article, however, I ask whether the prevalent legal arrangement, whereby victim–survivors are assigned the legal status of witnesses in criminal cases, with limited if any rights, is a just arrangement. In order to answer this question, the article draws on interviews with 35 victim–survivors of sexual violence in Iceland. The interviews are presented against the backdrop of Nordic legal thinking and are interpreted in the context of Nancy Fraser’s democratic theory of justice. On the basis of the findings, I argue that assigning complainants the role of witnesses constitutes a case of misframing that results in misrecognition throughout the criminal justice process.

Fail better: sentencing to protect the public or to restore justice?

This article reviews the research into the effectiveness of sentencing in preventing crime in England and Wales. It then discusses the impact that a restorative justice perspective could have on sentencing in criminal cases. It argues that such an approach would enhance the quality of justice for both victims and perpetrators and lead to improved outcomes in relation to victims’ recovery from the harm of crime and to perpetrators’ reintegration and desistance from offending. Greater participation in the process of justice would also increase public confidence in the criminal justice process and reduce the pressure to imprison so many people.

To A Complaint Crime Implementation of Sexual Violence of Husband to Wife in Polres Cirebon Jurisdictions

The smallest element of a country's society is the family. In the ship sailed home life husband and wife, conflicts between husband and wife which can lead to legal consequences. One of the conflicts in the home that can lead to the legal consequences of sexual violence husbands against wives. During this time, in case of sexual assault on a particularly husbands against wives, most victims of violence choose to divorce, few victims are willing to bring a criminal case is processed. The application to a complaint of a criminal offense of sexual violence is seen by some experts as a barrier to criminal law enforcement against criminal acts of domestic violence.The method used in this research is normative juridical. The results showed that a complaint of the victim is an absolute condition that must exist in the criminal justice process either under investigation or under prosecution in the case Sexual violence husband to wife. Complaints of victims is the most important thing in a crime that qualifies to a complaint. Without complaint the victim, the criminal justice process will not run.Keywords: Complaints Offense; Elimination; Sexual Violence.

Caught, clubbed and burnt: criminological reflections on the incidence of jungle justice in Benin Metropolis, southern Nigeria

All over Southern Nigeria, incidents of people taking the law into their hands and meting out instant justice on suspected criminals without recourse to the rule of law and the position of Section 33 (1) of the 1999 Constitution of the Federal Republic of Nigeria abound. This motivation for participation in jungle justice was therefore explored. A combination of both qualitative and quantitative techniques was employed to collect data from six hundred and fifteen respondents. A descriptive analysis of the quantitative data collected was undertaken, using frequency distribution while the qualitative data were content analysed. Findings from this study reveal that motivation for jungle justice was multifaceted. Illiteracy, lack of trust on the police, flaccid court system, chronic anger due to economic situation and disregard for the rule of law and human right were some of the motivation for the alarming incidence of the social phenomenon. Based on the findings of this study, there is the need to overhaul the criminal justice processes with a view to boosting the confidence of the public in its activities and also embark on a teaching on no violence and the ills of jungle justice.Keywords: Jungle justice, court, police, human rights

Grant Code Sanctions of Polri Members Who Have Disconnected The Court Binding Drug Abuse (Case Study Polres Cirebon)

This study aims to identify and understand the sanctions in the Code of Conduct Police officers and efforts to the implementation of sanctions against Alleged offenders alleged to have violated the code of Professional Ethics of Police, in the form of deeds has committed the crime of Abuse of Narcotics kind Sabu-shabu and cases criminal has received the Decision of the Court Of Sumber country, with an excerpt of Decision No. 394 / Pid.Sus / 2017 / PN.Sbr. October 19, 2017, which states the defendant initials S, proven legally and convincingly guilty of committing the crime of abuse of Narcotics Group I For Yourself and sentenced to imprisonment for six (6) months. This research was conducted in Cirebon. To the authors conducted a study with the title "Provision of the Code sanctions Police Members Who Have Strength Disconnect Law Courts Stay In Drug Abuse". If a member of the National Police of an offense or crime, the police members will litigants and undergo a criminal justice process for members of the Indonesian National Police is generally done according to the law applicable in the general court.Keywords: Police; Narcotics; Police Professional Code of Conduct of Police.

Policy of Criminal System Formulation Oriented to Rape Crime Victims

Criminal act of rape has received considerable attention among the public nowadays. The care and protection of the interests of the victims of the rape crime either through criminal justice process or certain social care facilities is an absolute part that needs to be considered in criminal law policies and social policies. Therefore, in the formulation of the criminal system, it is time to pay attention to the victim's interest to realize the equitable distribution of justice for the rights of rape victims to be protected. In the effort of developing and renewing the criminal law in Indonesia, it is necessary to conduct an assessment related to the policy of punishment formation system which is oriented to the rape crime victims in the coming criminal law. This study employed a qualitative research using normative law research design. In an effort to achieve the research objectives that have been determined, this study used statute approach and conceptual approach. Based on the results and discussion, policy formulation of punishment system that is oriented to rape crime victims in future criminal law is as follows: (1) in the material criminal law, protection of rape crime victims in its development is regulated in a Bill of Criminal Law, including the formulation of passive national principles, the extension of the concept of criminal acts of rape, and the formulation of types of sanctions. (2) in formal criminal law, the protection of victims, especially the rape crime victims, has been regulated in a Bill of Criminal Procedure Law, with the granting of procedural rights such as the right of a translator and the right of reimbursement of expenses. It is because legal protection against victims of rape crime is in need of services such as psychosocial, medical, and safe house.

Murder by Pushing: An Exploratory Analysis of Homicidal Falls From a Height.

The difficulty in classifying manner of death in falls from a height provides offenders an opportunity to avoid detection by having a homicide appear otherwise. Twelve fall homicides were qualitatively examined. Results showed that most homicidal falls occurred at remote outdoor locations, were planned by offenders who were in controlling intimate relationships with the victim, and were motivated by gain. Homicide was established using inconsistencies in offender's statements and the physical evidence, inappropriate postoffense behavior, evidence of planning, and improbable alleged victim behavior. Fall homicides pose unique challenges for investigators and may negatively impact on the criminal justice process.

Judicial Mafia in Criminal Justice System and Its Countermeasure

As a way of seeking justice, the judicial mafia is an outlaw action in the criminal justice process. Thus, it leads to judicial failure that damages the independence and impartiality of the court. That is because legal engineering carried out by judicial mafia syndicate violates the principles of due process of law in the criminal justice process. The current criminal justice process shows the blurring orientation of law enforcers in an effort to uphold the law and justice where the main purpose of litigation is not to uphold the law and justice, but to winning the cases. Therefore, it is necessary to overcome judicial mafia practices in the criminal justice system. The author uses normative juridical research method. The results of the study show that the cause of the flourishing judicial mafia in Indonesia’s criminal justice system is because law enforcement officers are not able to uphold their oaths of office. Therefore, overcoming judicial mafia practices can be done by penal or non-penal.

Guilty Pleas in an Inquisitorial Setting – An Empirical Study of France

Anglo‐American guilty pleas have inspired criminal justice reformers in many inquisitorially based systems in recent years, in response to caseload pressures. In France, two different procedures based on the defendant's confession were introduced in 1999 and 2004 respectively: an out‐of‐court disposal (the composition pénale) and a prosecution pathway (the comparution sur reconnaissance préalable de culpabilité). Basing its analysis upon direct observations and interviews with French public prosecutors, this article examines the impact of these procedures on the French criminal justice system and its actors. Rather than a move from an inquisitorial to a more adversarial system, data collected for this study show a bureaucratization of the French criminal justice process. The role of public prosecutors is changing from that of judicial officers to caseload managers who have delegated part of their workload to less qualified staff for efficiency purposes.

The Due Process and Crime Control Models of Criminal Justice

This essay has as main target the study of structures, functions,duties and rules of government agencies in charge of criminal lawenforcement, which perform their multiple roles as soon as a crimeis committed. Since the first attendance by the police forces, untilthe definitive sentence by the highest Criminal Court, several andcomplex individual and social rights are involved, aiming at both avalid investigation as a fair trial. First, some important questions willbe focused: what are all the agencies and institutions that constitute theso-called ‘criminal justice system’? Do they operate properly towardeach others? Do they constitute a true system? Then, by analyzingthe criminal process models and crime control patterns, and seekingto establish the necessary balance between public interests and civilliberties, the essay shall study the key features and problems relatedwith the criminal punishment, understood as the most violent – butnecessary – government interference in the citizen´s life. Finally, asthe core concern of this work, it will be explained how (and if) theCriminal Justice System is able to be effective for the community safetyand respectful towards the individual rights, at the same time.