Enforcement Justice Research Articles

Quality of Justice as an Institutional Game. Insights from the Italian Case

Abstract Introduction: Is soft power effective? Justice institutions have become a key topic in the international scientific and institutional agendas some decades ago, for different, and still interdependent reasons: the waves of democratizations (Pridham 2000), the increasing power of the judicial branch (Russell and O Brian 2001; Stone Sweet 2002), the transnationalisation of the processes of law making and law enforcement (Allard and Garapon 2005), the increasing demand for justice, dispute resolution, and rights enforcement (Epp 1998; OECD 2014, 2015). Despite the vast literature focusing on these phenomena, very little has been said on the impact that the recent development of the quality of justice mainstream (Fabri et al. 2005; Piana 2010) has on the relationship between the judicial and the executive branch. Notoriously, this relationship is one of the key dimensions for a constitutional democracy.

PERADILAN MASA BANI ABBASIYAH

The judiciary (al-Qadha) is well-known from time immemorial up to the present time. Driven by the need and the welfare of human life, judiciary is something inevitable to exist. It is one of the prerequisites to the establishment of a government in order to resolve disputes between citizens. No political sovereignty in the world, whatever its form, will stand without justice enforcement. Keyword: Al-Qadha, Abbasiyah

Telaah Kritik Atas Putusan Mahkamah Konstitusi dalam Perkara Perselisihan Hasil Pemilukada Provinsi Jawa Timur

Decision of Constitutional Court of Number 41/PHPU.D-VI/2008 is a controversial judicial decison in practices of Constitutional Court in Indonesia. The decison had legal basis of Law of Number 18 of 2008 that against formally with the Constitutions of 1945. Nevertheless, in fact, inconstitutional practice of the court system has taken legitimacy source of convention. It is very important for development of constitutional law enforcement in Indonesia, that the decision was not only show how the Constitutional Court improves its constitutional authorities to handle disputes of regional head election result in Indonesia, but also that was first time how the Constitutional Court has brought its justice paradigm change toward process of substantial justice and law enforcement.

Understanding Death Penalty Support and Opposition Among Criminal Justice and Law Enforcement Students

Although a sizable number of studies have gathered information from college students regarding their varying degrees of support for capital punishment, few have explored the underlying rationales behind these students’ death penalty support or opposition. In addition, although criminal justice majors have frequently been used as study participants, little research has sought to explore if law enforcement majors are different in manners for supporting or opposing capital punishment than other criminal justice majors. In the current study, a survey designed to measure reasons for support or opposition to capital punishment was administered to a convenience sample of 135 criminal justice and law enforcement majors at a mid-size Midwestern university. The results indicated that law enforcement majors were not significantly different from criminal justice majors on measures of support or opposition to capital punishment. There were, however, some notable differences found related to the academic standing of the students.

The Foreign Direct Investment and Economic Growth - Case Study for Kosovo

This research paper will explain the impact and relationship between the Foreign Direct Investment (FDI) and economic growth, Kosovo case. The used data in research are secondary data and cover a period of time between 2008 and 2013. By using STATA program for calculation and by various regression analyses (descriptive statistics, linear regression and correlation) relationships have been identified between involved variables in research, where economic growth is defined as dependent variable, whereas FDI, interest rate and real effective and exchange rate (REER) are defined as independent variables. The main results in this research paper indicate that FDI has a positive relation (0.011) but non-significant effect (T<2) on economic growth while the interest rate has a positive relation (0.076) and a significant effect (T>2) on economic growth in Kosovo. The real effective exchange rate has a negative (-0.347) and non-significant relation (T<2) with economic growth. The main activities of FDI in overall Kosovo's economy are: real estate, transport and telecommunication, financial and manufacture services, construction, etc. The main conclusion is that the Kosovo institutions should create a favorable environment, such as: political stability, enforcement of justice, reduction of trade barriers, Kosovo should also create appropriate policy for protection of foreign investors, investment security, fair competition and institutional support. This will impact the drastic improvement and increase of FDI. In 2013 Kosovo had an FDI percentage of 5% of GDP while in 2007 it was over 13% of Kosovo's GDP.

Social Justice Under Perspective of Philosophy of Law and Maqâsid Al-Sharî‘Ah

Justice in the philosophy of law becomes a core which must be met through the existing law. Aristotle asserted that justice as the core of the legal philosophy can be understood in terms of numerical equality and equality of proportion. He also distinguished the type of justice into distributive justice and corrective justice. Meanwhile, John Rawls asserted that the enforcement of justice has a social dimension or well-known with social and reciprocal benefits. In Islam, justice is discussed as a matter of theology of divine justice that later emerged the two schools of thought; Mu‘tazilah and Ash‘ariyah. In addition, the theory of justice is also a fundamental theme in the philosophy of Islamic law, particularly in the discussion of maqâsid al-shari‘ah which asserts that Islamic law is regulated to create and protect the social benefits to mankind. The theory of social benefit was initially introduced by Imam al-Haramayn al-Juwayni then developed by his student, al-Ghazâli. The next Islamic legal theorist that specifically discussed about maqâsid al-shari‘ah was ‘Izz al-Din b. ‘Abd. al-Salâm of Shafi‘iah. And the discussion about maqâsid al-shari‘ah in a systematic and clear way was carried out by al-Shâtibi of Malikiyah in his book al-Muwâfaqât. In addition, al-Tufi also provides radical and liberal views about the theory of social benefit. Justice in the philosophy of law becomes a core which must be met through the existing law. Aristotle asserted that justice as the core of the legal philosophy can be understood in terms of numerical equality and equality of proportion. He also distinguished the type of justice into distributive justice and corrective justice. Meanwhile, John Rawls asserted that the enforcement of justice has a social dimension or well-known with social and reciprocal benefits. In Islam, justice is discussed as a matter of theology of divine justice that later emerged the two schools of thought; Mu‘tazilah and Ash‘ariyah. In addition, the theory of justice is also a fundamental theme in the philosophy of Islamic law, particularly in the discussion of maqâsid al-shari‘ah which asserts that Islamic law is regulated to create and protect the social benefits to mankind. The theory of social benefit was initially introduced by Imam al-H{aramayn al-Juwayni then developed by his student, al-Ghazâli. The next Islamic legal theorist that specifically discussed about maqâsid al-shari‘ah was ‘Izz al-Din b. ‘Abd. al-Salâm of Shafi‘iah. And the discussion about maqâsid al-shari‘ah in a systematic and clear way was carried out by al-Shâtibi of Malikiyah in his book al-Muwâfaqât. In addition, al-T{ufi also provides radical and liberal views about the theory of social benefit. Keywords:Social justice, philosophy, Islamic law, maqâsid al-shari‘ah.

Automated Fare Calculation in Delhi Metro Using Face Recognition

There has been tremendous advancement in the field of computing in the last two decades. Human face is the most dominant characteristic which is used to verify/authenticate a person amongst group of people. Face detection technology is developed for detecting facial features and ignores background images or cluttered images. Computer-based face recognition system has revolutionized the way the world works around these days, as government agencies (law and justice enforcement) are readily accepting this technology as a standard method for recognizing the uniqueness in a human beings [1]. Our proposed system is based on facial recognition that can be used by Delhi Metro System for easing up the process of fare calculation deduction system by means of automating the system using cameras placed at the entry gate, inside the metro rail and at the exit gate. This system will help in saving the man hours required for vending out tokens/ tickets/ smart cards in the metro system. This system will also increase the accuracy and will help in replacing traditional fare calculation activity which is perform daily.

The Data Protection Regime Applying to the Inter-Agency Cooperation and Future Architecture of the EU Criminal Justice and Law Enforcement Area

This study aims, fi rst, at identifying data protection shortcomings in the inter-agency cooperation regime in the EU criminal justice and law enforcement area and, second, at outlining, under six possible scenarios, the interplay among the data protection legal instruments in the law-making process today in fi eld, as well as, the response each could provide to such shortcomings.

Group Violence and Migration Experience among Latin American Youths in Justice Enforcement Centers (Madrid, Spain).

Group violence among Latin American immigrant youth has led to ongoing debates in political, legal, and media circles, yet none of those many perspectives has arrived at a solid, empirically supported definition for the phenomenon. This study aims to explore the relationship between the immigrant experience and violent group behavior in youths from Latin America serving prison sentences in Justice Enforcement Centers in the Community of Madrid. Semi-structured interviews were conducted with 19 juveniles, and content analysis was applied to the resulting transcripts, employing Grounded Theory to create an axial codification of intra- and inter-categorical contents, and Delphi panels for quality control. The research team delved into 62 topics, addressing participants' perceptions of the immigrant experience and its effects on five socialization settings (neighborhood, school, family, peer group, and significant other), and each one's relationship to violent behavior. The results led us to believe the young people's immigration experiences had been systematically examined. Their personal and social development was influenced by negative socioeconomic conditions, ineffective parental supervision, maladjustment and conflict at school, and experiences of marginalization and xenophobia. All those conditions favored affiliation with violent groups that provided them instrumental (economic and material), expressive, or affective support.

The European Public Prosecutor’s Office: An institution built on sand?

The European Union has traditionally had a limited role in the area of criminal justice enforcement. Many other areas of EU law involve detailed legislation and direct involvement, but in relation to criminal law the EU has thus far been limited to a coordinating and harmonising role. There are, for example, certain minimum standards set on the national definitions of some serious criminal offences, and an attempt has been made to harmonise the types and level of sanctions applicable to certain offences, but when it comes to actually prosecuting these crimes the Member States still reign supreme. In Ireland, the job of prosecuting criminal offences in the Courts falls ultimately on the Director of Public Prosecutions (DPP). This could be set to change, however, as a regulation is currently (slowly) working its way through the EU legislature that would set up a European Public Prosecutor’s Office (EPPO), which could effectively ...

Fighting Impunity of Enforced Disappearances through a Regional Model

Grievous moral opprobrium has often been the trigger justifying the recourse to individual criminal responsibility of perpetrators. The process of ‘justice cascade’ initiated by the Nuremberg trials should not come to a halt. Though the current measures of criminal justice enforcement within international tribunals and national courts prove to be necessary mechanisms, they are not always sufficient. Bringing forward the crime of enforced disappearance as an illustration of a phenomenon where impunity still holds its way, this article addresses the question of whether regional initiatives on international criminal law enforcement within Europe can complement the adjudicatory justice already administered at the international and national level.

Awareness of the scope and practice of forensic dentistry among dental practitioners

Forensic dentistry (FD) is a branch of dentistry that involves the presentation of dental evidence for the enforcement of justice. Knowledge of FD is required for dentists involved in injury and abuse cases, particularly to ensure the proper recording of findings and maintenance of dental records. The aim of this study was to assess the awareness of dental practitioners regarding the scope and practice of FD. A total of 248 dentists completed a self-administered questionnaire, and practitioners rated their level of knowledge for each item on a scale of 0–10. Most scores ranged from 4.13–4.91. While 44% of dentists reported maintenance of dental records forever, 25.8% reported maintaining dental records for a specific period. Recording of treatment progress was performed by 54%. Up to 42.9% had not received FD instruction during undergraduate study, and more than 95% did not attend post-graduate training or continuing education in FD. About 60% were interested in receiving training in the detection and management of abuse and FD. In conclusion, the inadequate awareness of the scope and practice of FD among practising dentists in Saudi Arabia suggests that FD education be included in undergraduate dental education, and continuing education opportunities should be available.

Ethics, Law and Justice in Achebe’s Things Fall Apart

All human societies, except perhaps, the Hobbesian state of nature, are preserved through a complex network of laws, ethics and the enforcement of justice. Whether couched in unwritten customs and traditions by which primeval peoples organized their lives, or in standardized penal codes of ‘civilized’ cultures, laws and their enforcement are expedient for meaningful interrelationships, social order, peaceful co-existence and economic growth of any society. By sifting out the distinctive imports of ethics, law and justice system in the ordering of pre-colonial Igbo (African) society, exemplified in the life of Umuofia, the author sought to illumine the readerson the wits of Achebe’s Things Fall Apart in presenting a well-ordered society, as against Western criticisms. Specific events / cases which projected these vital societal structures were identified. Instances where the colonial system of adjudication conflicted with that of the natives were rife.A suggestion that like communities of other climes, their ethical, legal and justice systems were open to evolution was highlighted. Findings revealed that even though Achebe did not engage himself directly in the polemics of the derivable value of the white man’s action in Umuofia, his disclosures underscored the genesis of bribery and corruption – a twin monster which have blossomed in people’s psyche today.

Polski wymiar sprawiedliwości z punktu widzenia ekonomii instytucjonalnej

Artykuł zawiera ogólną charakterystykę ustroju (systemu instytucjonalnego), a następnie omawia specyfikę socjalizmu jako ustroju, podkreślając jego represyjność. Kolejnym tematem są typy zmian instytucjonalnych po socjalizmie, zwłaszcza w treści praw oraz w systemie typów organizacji. Na tym tle analizowane są te czynniki instytucjonalne, które mają szczególne znaczenie dla gospodarki. Omawiane są dwa fundamentalne aspekty aparatu ścigania i wymiaru sprawiedliwości – generalnie i ze szczególnym uwzględnieniem Polski: (nie)efektywność i (nie)sprawiedliwość.

Evidence, Ideology, and Politics in the Making of American Criminal Justice Policy

Criminal justice policy and research in the United States have mostly marched in different directions since the mid-1970s. Sizable bodies of high-quality research have accumulated on many subjects on which policy making in a rational world would be evidence based, but only on a few have they had substantial influence. Policy making on some subjects has occurred mostly in an evidence-free zone. The comparatively slight influence of scientific research findings is a modest payoff from 50 years of public investment. The report of the President’s Commission on Law Enforcement and Administration of Justice, The Challenge of Crime in a Free Society, observed that “what has been found to be the greatest need is the need to know” (1967, p. 273) and that “we need to know much more about crime. A national strategy against crime must be in large part a strategy of research” (p. 270). “Accurate data are the beginning of wisdom,” likewise observed America’s first national crime commission, the Wickersham Commission (National Commission on Law Observance and Enforcement 1931, p. 3), in recommending a plan for creating a body of knowledge “covering crime, criminals, criminal justice, and penal treatment” at federal, state, and local levels and proposing to entrust this task to a single federal agency. The 1967 President’s Commission proposed the establishment of an independent national institute on criminal justice research equivalent to the National Science Foundation or the National Institutes of Health. The US Congress in the Omnibus Crime Control and Safe Streets Act of 1968 established the Law Enforcement Assistance Ad

The Doctrine of Natural Justice under Civil and Military Administrations in Nigeria

In all human affairs, there has been established the need for a generally acceptable code of conduct and procedure in the administration of justice, civil or criminal which must be seriously observed by all in relationships with fellow human beings. This is particularly applicable to those who are saddled with the sacred responsibility of steering the ship of the State. In this wise, the place of natural justice is pivotal and has deservedly been elevated to the realm of great importance by all civilized communities. This article traces the origin of Natural Justice and discusses the two basic ideas in which Natural Justice is embodied i.e. audi alterem partem and nemo judex in causa sua. It also discusses the doctrine of Natural Justice under the Civil and Military rule in Nigeria and some other jurisdictions. The Article concluded by identifying some problems associated with the enforcement of Natural Justice and made recommendations.

Between badness and sickness: Reconsidering medicalization for high risk children and youth

Abstract Most of the sociological literature about “troubling” children and youth focuses on how the scientific authority of medical experts, with a discourse of sickness, has come to displace the moral authority of justice enforcement officials and their rhetoric of badness as arbiters of childhood pathology. Yet my experience working with high-risk children and youth during a post-MSW fellowship strongly suggests that discourses of badness have not supplanted discourses of sickness. Indeed, these discourses remain deeply intertwined with implications for the way we conceptualize troubling children and youth, for the treatment we prescribe, and for how children and youth understand themselves. Discussing two composite cases to illustrate how negotiations of badness and sickness unfold, I argue that shifts in attributions of badness and sickness follow predictable patterns generally occurring in response to: (1) changes in the context (whether the child is at home, school, or in a treatment setting); (2) changes in an actor's interests or role (parents may attribute troubling behaviors as badness at home but frame them as sickness with people outside the family); and/or (3) changes in external structures of time (e.g. the end of the school year or the end of a Medicaid authorization). In conclusion, I consider the implications of partial medicalization and these patterns of narrative negotiations for future research and practice.

Fenomena Mengabaikan Keadilan dalam Penegakan Hukum

Happening phenomenon in law enforcement at current Indonesia is while justice progressively most moves over. Justice tend is ignored in law enforcement, eventually justice is fundamental and realities of laws. Even frequent being said justice is its heart of law, therefore while in law enforcement justice be ignored, law becomes not wherewith. Justice institute as institute foremost and castled deep enforcement episodic law functions as institute of place law to be kidded, commercialized and even commercial it’s called with jurisdiction mafia. That jurisdiction mafia takes shelter at turns back rule of law. To rule of law, justice and utility is sacrified. Apparatus enforcer law just focussed on legal security aspect without tries to respond society justice charge that wants that deep law enforcement to be done by that progressive ala close to justice point in society. It visually of justice verdict those are assessed soft especially in impacted corruption matter negative to realize it national aim which is society which fairs and affluent.

Evaluation of a complex, multisite, multilevel grants initiative

The Safe Schools/Healthy Students (SS/HS) national evaluation seeks to assess both the implementation process and the results of the SS/HS initiative, exploring factors that have contributed to or detracted from grantee success. Each site is required to forge partnerships with representatives from education, mental health, juvenile justice, and law enforcement, coordinating and integrating their efforts and working together to contribute to comparable outcomes (e.g., reduced violence and alcohol and drug use, improved mental health services). The evaluation uses multiple data collection techniques (archival data, surveys, site visits, interviews, and focus groups) from a variety of sources (project directors, community partners, schools, and students) over several years. Certain characteristics of the SS/HS initiative represent unique challenges for the evaluation, including the absence of common metrics for baseline, outcome data, and lack of comparison group. A unifying program theory was required to address these challenges and synthesize the large amounts of qualitative and quantitative information collected. This article stresses the role of program theory in guiding the evaluation.

International Criminal Justice in Africa: Some Emerging Dynamics

The phenomenon of using international criminal justice to address war crimes and human rights violations in conflict and post-conflict situations of Africa has emerged. This consist of a platform which is anchored in universal norms, with a court which does not form part of the domestic criminal system, and which in some cases sits outside the geographical jurisdiction of where the offences took place. The adjudicators may also be non-nationals. This paper examines the experiences regarding the enforcement of international criminal justice in Africa as instituted in the International Criminal Tribunal for Rwanda (ICTR) and the Special Court for Sierra Leone as well as in the framework of the International Criminal Court (ICC). It emerged that international criminal justice is meshed in politics and hence lacks the unflinching cooperation and support from the continent. The evidence as to its appropriateness for peace-building in conflict and post-conflict situations is mixed. The package offered by internationalized justice alienates both the adjudicators and the adjudicating society from the process, thereby denying the process with the impetus required for it to be beneficial to the end users. The implication of this study then is that the prospect of international justice in Africa is currently uncertain and its success would require concerted efforts by African governments, the African Union as a unified continental body and civil society organizations in collaboration with the international community.