Defendant's Status Research Articles

Understanding the legal construction of justice collaborators through the Bharada Elizer case

The objective of this study is to ascertain Bharada Eliezer's stance on Decision Variety: 798/Pid.B/2022/PN.Jkt.Sel, which pertains to the position of Justice Collaborator police officers, as well as the Police Code of Ethics Decision concerning Bharada Eliezer's police status. This study employs a normative juridical research methodology, together with conceptual and statutory techniques. Essentially, when an individual unlawfully ends another person's life, it constitutes a violation of human rights and a denial of the right to life, particularly when the perpetrator is a law enforcement officer who continues to serve in the police force. However, in this particular case, the judge and the responsible official overseeing the KKEP hearing must take into account the defendant's status as a justice collaborator, who is feared by irresponsible parties and at risk of abuse. Ensure that all personnel of the National Police receive guidance to prevent them from engaging in actions that contravene laws, regulations, and the ethical standards of the police profession, which could damage the reputation of the police organization or agency. It is necessary to revise the requirements and guidelines for justice collaborators due to certain criminal offenses that pose a threat to the state and involve exceptional crimes. Justice collaborators play a crucial role in clarifying initially ambiguous criminal offenses.

Policy Formulation for Indonesia's Criminal Action of Corruption as Ius Constituendum

The objective of this study is to ascertain Bharada Eliezer's stance on Decision Variety: 798/Pid.B/2022/PN.Jkt.Sel, which pertains to the position of Justice Collaborator police officers, as well as the Police Code of Ethics Decision concerning Bharada Eliezer's police status. This study employs a normative juridical research methodology, together with conceptual and statutory techniques. Essentially, when an individual unlawfully ends another person's life, it constitutes a violation of human rights and a denial of the right to life, particularly when the perpetrator is a law enforcement officer who continues to serve in the police force. However, in this particular case, the judge and the responsible official overseeing the KKEP hearing must take into account the defendant's status as a justice collaborator, who is feared by irresponsible parties and at risk of abuse. Ensure that all personnel of the National Police receive guidance to prevent them from engaging in actions that contravene laws, regulations, and the ethical standards of the police profession, which could damage the reputation of the police organization or agency. It is necessary to revise the requirements and guidelines for justice collaborators due to certain criminal offenses that pose a threat to the state and involve exceptional crimes. Justice collaborators play a crucial role in clarifying initially ambiguous criminal offenses.

Sentencing Narcotics Cases below the Statutory Minimum

Law number 35/2009 on Narcotics establishes a specific minimum punishment. Despite this, instances occur where judges impose sentences below these mandated minimums, leading to concerns about legal certainty and the potential for undermining justice. This article investigates how judges account for legal certainty when imposing sentences below the stipulated minimum for narcotics offenses. The research adopts both normative and empirical legal methodologies, utilizing literature reviews, document analysis, case studies, and interviews with key informants. The findings suggest that judges often justify lesser sentences based on several factors: the defendant's status as a drug user rather than a distributor, negative urine test results, possession of only a small amount of narcotics, and lack of evidence proving involvement in narcotics sales or intermediary activities. In their rulings, judges integrate these considerations with the applicable narcotics laws and the factual circumstances presented during the trial. Consequently, such decisions to impose sentences below the statutory minimum are grounded in well-considered legal reasoning, contributing to legal certainty in the judicial process.

Teaching an Application of Bayes' Rule for Legal Decision-Making: Measuring the Strength of Evidence

Although Bayesian methodology has become a powerful approach for describing uncertainty, it has largely been avoided in undergraduate statistics education. Here we demonstrate that one can present Bayes' Rule in the classroom through a hypothetical, yet realistic, legal scenario designed to spur the interests of students in introductory- and intermediate-level statistics classes. The teaching scenario described in this paper not only illustrates the practical application of Bayes' Rule to legal decision-making, but also emphasizes the cumulative nature of the Bayesian method in measuring the strength of the evidence. This highlights the Bayesian method as an alternative to the traditional inferential methods, such as p value and hypothesis tests. Within the context of the legal scenario, we also introduce DNA analysis, implement a modified version of Bayes' Rule, and utilize Bayes' Factor in the computation process to further promote students' intellectual curiosities and incite lively discussion pertaining to the jury decision-making process about the defendant's status of guilt.

Law, language and community: some preconditions of criminal liability

-We can usefully distinguish the conditions of criminal liability (those conditions which must be satisfied if a defendant is to be duly convicted, with which a criminal trial is concerned) from its preconditions (those conditions which must be satisfied if the trial, as a process which aims to determine whether or not this person is criminally liable, is to be legitimate at all). Some of these preconditions concern the defendant's status as a responsible citizen, who can properly be called to answer, at the trial, to a charge of criminal wrongdoing. Two such preconditions are briefly sketched (whether this person is capable of answering the charge, and is answerable before this court). More attention is devoted to a third precondition: whether the law calls this person to answer in a language which is genuinely accessible to him, as a language which he could use in the first person.

Effects of Defendant's Sex and Age Status on Severity of Punishment: An Experimental Test

326 subjects were randomly assigned to one of four descriptions of a defendant's statuses: adult male, adult female, juvenile male, and juvenile female. Subjects were asked to select type of punishment deemed appropriate for four episodes: shoplifting, drunkenness, murder, and possession/sale of hard drugs. The results provided support for the hypothesis that juveniles and females are treated more leniently for violations. In particular, female juveniles are treated less harshly than the other sex-age categories.