Criminal Justice Process Research Articles

THE IMPORTANCE OF RENEWING THE WHISTLE BLOWER REGULATION FOR CORRUPTION CRIMES IN INDONESIA

The existence of whistleblowers in disclosing corruption plays a very important role considering that corruption is carried out in a very neat and organized manner. Disclosure of corruption by a whistleblower certainly carries huge risks because the testimony given by the whistleblower is detrimental to the corruptor. The role of the whistleblower certainly needs to be provided with adequate legal protection. The purpose of writing this article is to analyze the concept of updating legal protection for whistleblowers in the future.This article was written using normative legal research methods with a statutory approach and a conceptual approach. The results of this research show that comprehensive protection is not only limited to legal protection and special protection that applies during the criminal justice process but also needs to be implemented after the criminal justice process has been completed, and it is necessary to reform institutional whistleblower protection.

Virtual Criminal Proceedings: The Lithuanian Experience

Abstract Although remote criminal proceedings have existed in Lithuania for some time, they have never been used as extensively as during the COVID-19 pandemic. The pandemic demonstrated that remote criminal proceedings could help prevent the spread of infectious diseases and at the same time facilitate the criminal justice process by eliminating, for example, the need to spend time travelling to the location of the proceedings or wasting other resources. For this reason, even after the COVID-19 pandemic, remote criminal proceedings remained popular. However, the remote criminal process is not a neutral substitute for the in-person criminal proceedings. It has an impact on the traditional paradigm of criminal proceedings that is not always positive. This article discusses the regulation of remote criminal proceedings in Lithuania by presenting the findings of an empirical study of Lithuanian lawyers’ perspectives on the remote criminal process which surveyed more than 100 Lithuanian lawyers (judges, prosecutors, lawyers, and pre-trial investigation officers). The article discusses the main advantages and disadvantages of remote criminal proceedings noted by the professionals and identifies legal problems caused by such mode of proceedings. The paper seeks to demonstrate that the development of remote criminal proceedings should be carried out with caution, taking into account its impact on the quality of criminal proceedings and the rights of the participants.

Dialect on Trial: An Experimental Examination of Raciolinguistic Ideologies and Character Judgments

The current study examines the effect of dialect for a Black speaker, paying particular attention to the implications for criminal justice processing. Participants in this study heard an audio clip of a Black man describing his weekend and were randomly assigned to hear the account spoken in African American Vernacular English (AAVE) or Mainstream American English (MAE). For half of each sample, the audio clip was described as an alibi. Participants then evaluated the speaker across dimensions related to character and criminality, as well as his race, education, and socio-economic status. Results indicate that the speaker was viewed as having worse character and a greater criminal propensity if he spoke using the AAVE guise rather than the MAE guise. Additionally, participants perceived the AAVE speaker to be more stereotypically Black, less educated, and lower socio-economic status. These findings raise questions about contemporary forms of bias in criminal justice processing.

국민참여재판 활성화를 위한 실무적 제안

The current public participation trial system is facing a crisis due to poor performance. If looking at detailed indicators, the situation is serious. This is because the number of applications for public participation trials themselves is being maintained, but the number of enforcement cases is decreasing due to an increase in courts’ exclusion decisions and defendants’ early withdrawals. This can be seen as proof that public participation trials are not easily accepted within the criminal justice process. Since public participation trials are alien to our criminal justice system, we are bound to face many difficulties until this system is fully established. Various methods have been proposed so far to overcome these and activate public participation trials. These include abolition of the defendant application principle, introduction of the mandatory public participation trial principle, restriction on prosecutorial appeals against unanimous acquittal verdicts, and granting of binding forces to jury verdicts. In this paper, the above suggestions, which have already been studied a lot, are not mentioned again. Rather, very microscopic and technical methods are proposed. Above all, constant communication and explanation are needed to relieve the defendant's vague anxiety about the participatory trial. Legally, it is possible to consider continuing the participatory trial even after the defendant withdraws the application. When an application for a participatory trial is filed, the court should not exclude it based on vague provisions. When making an inevitable decision to exclude, it should specify as detailed reasons as possible. In addition, it is considered necessary to proceed with the trial as quickly as possible to reduce the fatigue and burden of courts and jurors performing participatory trials. Therefore, the jury selection method should be unified in a way that allows quick jury selection. Most important of all, it is to efficiently conduct a written investigation by the prosecutor, which takes a very long time in a participatory trial. It is necessary to prepare active alternatives, such as issuing records to the jury in the form of electronic records. This can be said to be a kind of emergency prescription, not a fundamental solution. Nevertheless, the reason for making some suggestions in this paper is because I think an immediate response to recent public participation trials is required. If the current downturn continues, it is difficult to rule out the risk that the public participation trial will go to the process of factual abolition. I hope that the public participation trial will soon be activated above a certain level, and that it will be reborn as a more advanced system beyond normalization.

To What Extent do Race, Gender and Social Class Impact the Criminal Justice Processing System in Different Countries Around the World?

To What Extent do Race, Gender and Social Class Impact the Criminal Justice Processing System in Different Countries Around the World?

Social Reintegration after the Implementation of Restorative Justice in the Indonesian Criminal Code

The current criminal code has been in force in Indonesia since 1918. Indonesia formulated criminal law reform in 1963 and in 2023, a law on the national criminal code was issued. The spirit of the Indonesian criminal code is reformative, progressive, and responsive to changes to the law. One of the strengths of criminal law is regulating criminal law from the perspective and achievement of justice to repair and restore the situation after the event and judicial process known as restorative justice. The desire to strengthen restorative justice programs takes a long time and is complicated. This research aims to analyze the development of the concept of social reintegration through the application of restorative justice in the criminal justice process. This research was conducted qualitatively using secondary data and doctrinal legal study methods. The results showed that changes in criminal law arrangements caused opinion differences since restorative programs are widely used as a substitute for traditional and retributive approaches. The application of restorative justice in national criminal law must be implemented. Social reintegration in the implementation of restorative justice as regulated in the Criminal Code can be successful through commitment and collaboration between the community, government and law enforcement officials

The Concept of Restorative Justice in the Criminal Legal System: A Breakthrough in Legal Benefits

Historically, alternative efforts to resolve criminal cases have existed since the Dutch colonial era, even before Indonesia's independence. Currently, there are several forms of resolving criminal cases outside of court in force, namely diversion (transferring the resolution of children's cases from the criminal justice process to a process outside criminal justice in accordance with the Juvenile Criminal Justice System Law), Afkoop (as regulated in Article 82 of the Criminal Code), and Seponeren (dismissal of cases in the public interest by the Attorney General). The aim of this research is to analyze the concept of restorative justice in the criminal law system as a breakthrough in legal benefits. Approach The research method that can be used in this research is the empirical juridical approach. This approach combines a normative juridical approach with an empirical approach. Based on the analysis carried out, restorative justice can be applied in cases that cause financial loss or minor crimes. The principle of restorative justice in resolving criminal cases in Indonesia does not only depend on formal and material criminal law provisions but is also based on a broader concept of punishment. The model for implementing restorative justice in Indonesian criminal procedural law can be found through a criminal resolution mechanism that follows a legitimate legal problem resolution approach, which is reflected in the reform of the criminal justice system in Indonesia, which is based on an evaluation of the criminal justice system.

Understanding the Interplay of Race in the Criminal Justice System

Purpose: The purpose of this study was to investigate and understand the interplay of race in the criminal justice system. Methodology: The study adopted a desktop research methodology. Desk research refers to secondary data or that which can be collected without fieldwork. Desk research is basically involved in collecting data from existing resources hence it is often considered a low cost technique as compared to field research, as the main cost is involved in executive’s time, telephone charges and directories. Thus, the study relied on already published studies, reports and statistics. This secondary data was easily accessed through the online journals and library. Findings: The findings reveal that there exists a contextual and methodological gap relating to the interplay of race, class and gender in the criminal justice system. Preliminary empirical review revealed that that pervasive racial disparities exist within this institution, as evidenced by disproportionate treatment of racial minorities at various stages of the criminal justice process. It found that despite efforts to promote fairness and equity, implicit biases and systemic racism continued to influence decision-making, leading to disparities in arrests, prosecutions, and sentencing. The study highlighted the interconnectedness of race with other social factors such as socioeconomic status and neighborhood characteristics and underscored the urgency of implementing evidence-based interventions and policy reforms to address racial disparities effectively. Recommendations included diversifying law enforcement agencies, implementing implicit bias training programs, and reforming sentencing guidelines to promote fairness and reduce disparities in incarceration rates. Unique Contribution to Theory, Practice and Policy: The Critical Race theory, Labeling theory and Structural Functionalism may be used to anchor future studies on the interplay between race and the outcomes within criminal justice. The study provided recommendations that contributed to theory, practice, and policy. It integrated critical race theory into the analysis to explore systemic racism's role in perpetuating racial disparities. Practically, evidence-based policing strategies and procedural justice principles were emphasized, alongside community policing initiatives and accountability measures to address bias and misconduct. Policy recommendations included reforming sentencing laws, investing in alternatives to incarceration, and addressing social determinants of crime. The study contributed to theory by examining intersecting identities' impact and advocated for community-driven interventions, trauma-informed approaches, and reforms to reduce racial bias and enhance accountability within the criminal justice system.

Implementation of Plea Bargaining in the Indonesian Criminal Justice System

There is a need for a new system in the Indonesian Criminal Justice System that is thought to make case handling more efficient, specifically by adopting plea bargaining as a problem-solving method for the Indonesian criminal justice system. In this study, the issue formulation is how to implement plea bargaining in the present criminal justice system and the urgency of plea bargaining in the renewal of the Indonesian criminal justice system. The Normative Juridical Research technique was employed to generate this research. Normative Juridical Research is a type of legal research that involves literature study or just secondary information. The regulation on the application of Plea Bargaining in the current criminal justice system is not based on the value of justice, as Article 4 paragraph (2) of Law No. 48 of 2009 concerning Judicial Power mandates that the judicial process must be carried out quickly. At a low cost, but based on the problems that the author described in the previous sub-chapter, the criminal justice process has not been able to reach a simple judicature to this day. The complexity of the criminal justice process in Indonesia now prevents simple, quick, and low-cost judicial implementation from being accomplished in the criminal justice process in Indonesia. In this case, there is a need for a renovation of Indonesia's criminal justice system. This is the legal basis for the urgent need to establish Plea Bargaining in Indonesia.

Courtroom decorum and the rules of conduct: accounts of homicide co-victims’ experiences during criminal justice proceedings

ABSTRACT The right to be present for criminal justice proceedings is one of the key rights afforded crime victims and their families. A neglected but important area of investigation pertains to the adherence to rules of conduct in order to safeguard court decorum. This qualitative study explores what rules of conduct are commonly experienced by and, in some cases, enforced against homicide co-victims while attending such proceedings. The sample consists of 27 co-victims connected to 23 separate cases where the homicides occurred in a major metropolitan area in the southeastern United States. Drawing upon focus group data, NVivo 12 was employed to identify and illustrate themes associated with rules of conduct. About one-half of the co-victims reported facing dilemmas or restrictions when particular rules were not followed or upheld by themselves or the defendants’ families. Though infrequent, some co-victims were warned or removed from court for wearing inappropriate attire or failing to control one’s emotions. For some rules, co-victims felt that they were treated differently from the defendant and defendant’s family. The study concludes by discussing ways that courts can better balance the needs of homicide co-victims with the rights of the accused in maintaining etiquette in the courtroom.

PELAKSANAAN DIVERSI PADA SISTEM PERADILAN ANAK PERSPEKTIF KEADILAN RESTORATIF DALAM HUKUM ISLAM

Diversion is the transfer of settlement of child cases from the criminal justice process to processes outside the criminal justice. whether the diversion process in Law no. 11 of 2012 concerning the juvenile justice system, has it achieved the goal of restorative justice and how is diversion with a restorative justice approach reviewed into Islamic law. This research method is normative, type of literature research and the research approach is a conceptual approach, normative juridical approach, theory of restorative justice and Islamic law. The results of this study are the concept of diversion in the juvenile justice system which is contained in Law Number 11 of 2012 concerning the juvenile justice system has manifested restorative justice, diversion must be carried out not only for solving problems but for diversion. Also restore the condition of what has happened by involving all parties, both perpetrators, victims, families/guardians, society, social institutions others. Meanwhile, in Islamic law, restorative justice is also applied in Islamic law in the form of children's rights which very important because that in terms of handling children who are dealing with the law in Islamic law, legal justice and social justice and moral justice have been obtained.

Perlindungan Hukum Terhadap Anak Sebagai Korban

Introduction: The resolution of acts of violence faced by children as perpetrators, witnesses, and victims if the criminal law is resolved is still inappropriate, considering that between the perpetrator and the victim as children so that different ways of solving the case are still needed.Purposes of Devotion: The purpose of this writing is to study more deeply related to problems related to previous research as a follow-up to the results of the research in order to provide legal education, especially related to solving crimes related to the Protection of Children as Victims carried out with a Restorative justice approach, as a model for solving cases. Method of Devotion: The methods of activities carried out in this socialization activity are Coordinating with the church, Preparing material or materials in the form of powerpoint material related to the problems studied in this PKM activity, Preparing a location to be used for PKM activities at Shiloh Church, joint discussions between participants and resource persons.Results of the Devotion: The result of this writing that is intended to be achieved is to realize legal protection for children by providing guarantees for the fulfillment of their rights without discriminatory treatment. Protection for children who are in conflict with the law in the juvenile criminal justice process at every stage starting from investigation, prosecution and court to children's correctional institutions has not been able to provide protection that can realize a sense of justice for children and even children's rights are often neglected. Children have been positioned as objects and tend to harm children. In children's cases, children are sometimes the perpetrators, victims and witnesses, so serious protection and handling is needed to anticipate this so that it does not have a wider impact and harm the child. The process of protecting children as perpetrators, witnesses and victims must be given attention in the handling process, namely that it must be handled by officials who truly understand children's problems.

NOTE: The Development of Modern Criminal Justice Processes and Institutions in Ethiopia (1907-1974): An Overview

This note briefly discusses the institutional and process developments in Ethiopia’s modern criminal justice. There is a close relationship between political administration and justice administration considering the issue of judicial independence in a historical context. The year 1907 is taken as a starting point in the development of criminal norms and institutions because the Ministry of Justice was established and Afe Negus Nesibu was appointed Minster of Justice. The institutional and normative developments in this period were merely reactive to problems. Twelve judges were appointed to help the Minster of Justice who was entrusted to see all the cases by himself. Procedural rules were introduced as schedules in order to manage the inflow of cases. The enactment of the 1930 Penal Code helped judges determine sentences rather than sending convicts to the governor for sentencing. Regulation of appeal and preliminary processes such as providing a copy of judgement were introduced. The second phase in Ethiopia’s modern criminal justice system started from 1941 onward because this year is a landmark for the establishment of modern legislation and modern criminal justice institutions. The police were established as an investigation institution that executes orders given by the court. Prison was established signaling imprisonment as a mode of punishment. The prosecution institution was established under the Ministry of Justice. Thereafter, several substantive and procedural rules have been adopted governing the initiation of cases, summons, evidence, judgement and appeal. The last institution established during this period was the judicial organ.

Historical child sexual abuse cases reported to the police by Indigenous adults in a northern Canadian territory: an exploration of factors affecting the likelihood of charges and convictions

ABSTRACT The current research examined historical child sexual abuse files from a northern Canadian police force, looking at factors pertaining to the offence, the complainant and the suspect, in an area with a large Indigenous population. The dataset analysed represented all reported cases (N = 229) of historical child sexual abuse by Indigenous complainants in the database of the participating force from 2005 to 2019. Analysis of all cases showed charges were more likely in cases with multiple complainants, female complainants and complainants 11–14 years old at the time of the abuse. For cases where charges were laid (n = 135), convictions were slightly more likely in cases with less serious offences. For trial cases (n = 75), multiple complainants, the relationship of suspect to complainant, age of suspect and age difference between complainant and suspect were significantly associated with trial outcome. Ethnicity of suspects showed no relationship to charges or convictions. PRACTICE IMPACT STATEMENT This research demonstrates the importance of support for all victims of historical child sexual abuse when navigating the difficult process of disclosing abuse and engaging the criminal justice process. In particular, Indigenous men may need increased access to victim services, given the finding that they are less likely to see charges and convictions at trial for their cases. Continued public education encouraging reporting of child sexual abuse, even for victims of historical crimes, is needed as cases with long delays between offence and report are just as likely to result in charges and convictions as cases with less delay.

Men after the sexual assault: The journey from medical service to court

BackgroundThere may be significant physical and psychological consequences and impacts for males who experience sexual assault as adults, however, published literature in this context is sparse, specifically for the investigative outcomes in the criminal legal process. MethodThis clinical audit tracked 138 adult males who presented for forensic and medical sexual assault care from initial presentation to ACT Police investigation and court outcome from 2004 to 2022. ResultsThere were 103/138 (74.6%) males who attended for medical and forensic care within 72 h of the reported assault. Pre-existing mental health conditions were self-reported in 59/138 (42.7%) males.Nearly half of males 67/138 (48.5%) had a medical evidence kit collected. Males presenting for medical care 44/138 (31.2%) went on to report to ACT Policing, 36/44 (81.2%) of cases did not proceed to court. The most common clearance type was inadequate evidence to proceed (17/44, 38.6%).In 8/44 (18.2%) of adult male cases who subsequently reported to ACT Police, the investigation resulted in entry to the judicial process with a suspect charged with a sexual offence. Five of those cases resulting in a conviction. ConclusionsMany adult male patients presented within timeframes that enabled the provision of time critical medical care and provided an opportunity for forensic medical evidence collection. Many adult males 59 (42.7%) self-reported pre-existing mental health conditions upon initial presentation.Attrition occurred throughout the patient journey with many males not reporting to police and thus not presenting in the legal process. This further emphasises the need for independent sexual violence patient advisors to support adult male victims through the medical and criminal justice process.

Legal Protection for Women in Criminal Proceedings: A Socio-Legal Review

<table border="0" cellspacing="0" cellpadding="0"><tbody><tr><td valign="top" width="388"><p class="TableParagraph"><em>Women often become victims of crimes, especially sexual crimes and domestic violence, in legal proceedings, but the legal protection stipulated in laws and regulations is still considered inadequate and many women still experience discrimination and injustice. The purpose of this study is to analyze the legal protection of women victims in criminal justice proceedings in Indonesia from a socio-legal perspective in order to identify the socio-cultural-structural barriers that cause the weakness of such protection. This study uses an empirical legal research method with a sociological legal approach to analyze the application of regulations on protecting women victims in criminal proceedings, with primary data obtained from field studies and interviews which are then analyzed qualitatively. The results show that nomatively, regulations on protecting women victims are adequate, but in practice they are heavily influenced by patriarchal socio-cultural factors and negative stigma against women victims which affect the attitude of law enforcement officials, resulting in many victims experiencing discrimination and injustice. The socio-cultural-structural barriers include negative stigma and discriminatory treatment of victims, patriarchal culture that subordinates women, lack of psychosocial and legal support for victims, and limited access to justice for marginalized women victims. At the structural level there are also problems of low gender capacity of law enforcement officials, lack of NGO advocacy, and legal and judicial systems that are not yet victim-friendly.</em><strong></strong></p></td></tr></tbody></table>

Revisiting packer’s models: Examining Nigeria's criminal justice system in the COVID-19 and post-COVID-19 era

This review study examines the administration of criminal justice process during and after COVID-19 era in Nigeria against the backdrop of two competing criminal justice process models: Crime control and Due Process. The outbreak of COVID-19 has pushed many countries, including Nigeria, to either reinforced or altered their criminal justice practices to reflect the reality of COVID-19. Arrest, detention and prosecution of offenders became clearly predicated only on the degree of seriousness and the overall interest of the society as against the previous practice that was predicated on ‘trump up charges’ and at the will and caprices of the operators of criminal justice system. The main question we ask here is: to what extent has COVID-19 mediated and impacted on the administration of criminal justice in Nigeria during and after the pandemic? Qualitative descriptive-narrative approach was adopted to synthesise the various data and sources (review of literature, reports from the media, reflective data and eye witness accounts) to account for what happened both during COVID-19 and post COVID-19 in the practice of criminal justice in Nigeria. Two dominant traditional ideologies/models (Crime Control and Due Process), and the less favoured one (punitive and nonpunitive victims' right models), interfaced at one point or the other and thus defined the character of criminal justice system in Nigeria 19 with crime control model however showing greater effects than others. The implication of our analysis is that during crisis, state and official's response to one of her crucial mandate oscillates and takes a paradigm shift form either mild to critical or severe as the case may be. The three models manifested in pre and COVID-19 criminal justice process eras though, crime control model remains a continuum and the dominant ideology which guides the operation of criminal justice system and process. Further implication is the imperative to improve the system by taking steps towards the direction of the non-punitive model of victims' rights which stresses crime prevention and restorative justice as the future value (ideology) for Nigerian criminal justice system.

Reflecting on Wrongful Convictions of Women in Australia: Definitions, Debates and Data

The quashing of Kathleen Folbigg’s convictions in June 2023 caused many to reflect upon the way in which Australian criminal justice systems might judge women. The growing body of research into wrongful convictions of women overseas is developing an understanding of how and why the criminal justice process often fails to consider the experiences of women, incarcerates them – and makes it more difficult for their wrongful convictions to be uncovered and corrected. This article considers that research and applies its findings to known cases of wrongful convictions of women in Australia. The exploratory analysis offered in this article highlights possibilities for further research that will develop a more precise understanding of prosecution processes in Australia, the risk factors for wrongful conviction of women, and the barriers to uncovering wrongful convictions. Understanding these issues will help prevent wrongful convictions and improve pathways to justice.

Child Drug Abuse: Factors, Judicial Process, and Legal Protection

Drug abuse among children is a serious issue that requires special attention. This article discusses the factors that influence children from engaging in drug abuse, the judicial proceedings against them, and the legal protections provided. The research method used is a normative legal research method with a qualitative approach. The results showed that peer factors, personality, psychiatric conditions, family, and the availability of narcotics in the market play an important role in narcotics abuse. The juvenile justice process for drug abusers goes through several stages, including investigation, prosecution, trial, and formation at the Special Child Development Institute. Legal protection for children is regulated in the Child Protection Law and the Juvenile Criminal Justice System Law. The adverse effects of the formal criminal justice process are also discussed, including trauma, stigma, and exclusion from school. Diversion programs are an important alternative to protect children from the negative consequences of the formal criminal justice process.

Testimonial injustice: exploring ‘credibility’ as a barrier to justice for people with learning disabilities/autism who report sexual violence

Rape/sexual assault cases have high levels of attrition, with reports of sexual violence from people with learning disabilities/autism disproportionately represented. This paper presents the results of a small qualitative study in the UK which focuses on how the criminal justice system is experienced by people with learning disabilities/autism who report sexual offences. An adversarial criminal justice system is reliant on normative social constructions of credibility and the embodiment of (ideal) victimhood through testimony. Adopting Fricker’s framework of testimonial injustice (2009) we explore how epistemic assumptions around credibility create a barrier to justice and facilitate case attrition for victim/survivors with learning disabilities/autism. The paper highlights how criminal justice interpretations of behaviour, communication and third-party disclosure limit access to justice for individuals with learning disabilities/autism, rendering the criminal justice process inherently discriminatory to those with atypical frames of reference.