Criminal Justice Process Research Articles

Criminal Justice System Processing and Victimization: Results from a Longitudinal Study of Males and Females

ABSTRACT There has been a great deal of interest in understanding the etiological underpinnings to victimization. This body of research has uncovered a list of risk factors that have been consistently tied to victimization. One of the more consistent results is that criminal offenders are at-risk for being victimized. The current study expanded on this finding by examining whether four measures of being processed through the criminal justice system (i.e., arrest, conviction, probation, and incarceration) were related to multiple measures of victimization in adolescence and adulthood. To do so, data from the National Longitudinal Study of Adolescent to Adult Health (Add Health) were analyzed. The results revealed consistent and statistically significant associations between the criminal justice processing variables and the victimization measures for both males and females even after controlling for self-reported criminal and delinquent involvement. We conclude by contextualizing the results and offering suggestions for future research in this area.

ЗДІЙСНЕННЯ ПРАВОСУДДЯ У КРИМІНАЛЬНОМУ ПРОВАДЖЕННІ ВИКЛЮЧНО СУДАМИ

The provision on the administration of justice exclusively by courts, which is promulgated by the norms of the Constitution of Ukraine, the Law of Ukraine «On the Judiciary and the Status of Judges» and the Criminal Procedure Code of Ukraine, has a fundamental nature and corresponds to the main features of the principles of criminal proceedings. The purpose of the article is: to reveal the content of the principle of the administration of justice in criminal proceedings exclusively by courts in connection with the institution of jurisdiction, the modern judicial system in Ukraine, the exercise of powers by the court to administer justice in various stages of criminal proceedings and the goal of justice. The importance of jurisdiction for ensuring justice is emphasized, which consists in creating conditions for the implementation of the principles of criminal proceedings during the trial and the adoption of a lawful court decision. It was noted that an important guarantee of effective and fair justice is the proper organization of the judicial system and a clear and legally justified definition of the rules of jurisdiction. Within the analysis of the content of the principle of the administration of justice in criminal proceedings exclusively by the courts, it is substantiated that in accordance with the established system of the judiciary in Ukraine and the rules of jurisdiction provided for by the Code of Criminal Procedure, justice in criminal proceedings is carried out by local general courts, the High Anti-Corruption Court, appeals courts and the Supreme Court in the order specified by the Code of Criminal Procedure in the stages of court proceedings. Attention is paid to the implementation of the specified principle in various stages of criminal proceedings. It was concluded that the administration of justice by the courts takes place at all stages of the court proceedings when deciding the issues on the merits of the accusation: in the preparatory court proceedings, the court proceedings in the first instance, the proceedings for the review of court decisions in the appeal, cassation procedure, as well as in newly discovered or exceptional circumstances. The stages of law enforcement in the administration of justice by a court in criminal proceedings are distinguished: establishment of circumstances to be proven and other circumstances that are important for criminal proceedings; criminal qualification of the act; adoption and execution of a court decision. It is argued that the interconnectedness of the formal and substantive essential features of justice gives grounds for defining it simultaneously as an activity and as a goal. It was determined that the goal of justice in the judicial process is realized by the adoption of a legal, justified, motivated and fair court decision, which resolves the socio-legal conflict and ensures the protection of the rights, freedoms and interests of individuals.

Справедливость как первооснова равенства всех перед законом и судом в уголовном процессе России

The article presents the results of the historiographic studies of the principle of equality of all before the law and court in the criminal procedural legislation of Russia. Considering the importance of the above principle for the formation of the authority of the judiciary, the author substantiates its fundamental role in the assessment by the population of the country of the presence and reflection in the law of justice as the core category of the genotype of the Russian nation. The positions of opponents of the legislative decision about the reflection of the category of «objective truth» in the text of the Criminal Procedure Code of the Russian Federation are analyzed, the inconsistency and even the perniciousness of introducing the artificial concept of «legal justice» into the theory and practice are shown. The comparative characteristics of the textual expression of the principle of equality of all before the law and court in various legislative acts of the Russian Federation are given. On this basis, the preferred wording of this principle in the Criminal Procedure Code has been formulated. The segments of the content of the concept of justice in criminal proceedings are interpreted. From the standpoint of social justice, the redundancy of the presence in Chapter 52 of the Criminal Procedure Code of the Russian Federation of a large detachment of representatives of all branches of state power of Russia, endowed with additional privileges in criminal proceedings, is shown and commented on. The directions of changing the procedure for criminal proceedings against state and municipal employees, as well as the limits of their inviolability in the sphere of activity of criminal justice bodies, have been identified and substantiated. The evidence for the expediency of the direct participation of federal judges of courts of general jurisdiction in resolving the issues of restriction, suspension and deprivation of immunity of state and municipal employees for their criminal prosecution is given. The history and causes are studied, the initiators and conditions for the creation of the above section of the Criminal Procedure Code of the Russian Federation are revealed, an assessment of its compliance with the typology and traditional ideology of the national criminal procedure is given. The most suitable options for legislative solutions that allow minimizing reputational losses for all branches of state power in cases of bringing their representatives to criminal liability are discussed and selected. A scheme of legislative work to optimize the content of the above section of the Criminal Procedure Code and to strengthen the principle of equality of all before the law and court and justice in the sphere of activity of criminal justice bodies is proposed and substantiated.

Administration of Justice in Victorian Cheshire, 1840–1890: A Quantitative Survey

This article presents a quantitative survey of the administration of justice in Cheshire between 1840 and 1890. Drawing on a sample of 33,000 cases from assizes and quarter sessions across the county, it explores broad patterns in committals, prosecutions, and sentencing over the fifty-year period. To this end, the article is structured to follow defendants’ route through the criminal justice process; from committal through prosecution to sentencing. The final section of the article thereafter explores the differing patterns of each as it pertained to the sex of the accused.

PERLINDUNGAN HUKUM TERHADAP ANAK SEBAGAI PELAKU KEJAHATAN

The focus of this research is to understand how the form of legal protection provided by the state to children who commit crimes. The type of research used is library research. Based on the results of the study, it is known that the form of protection for children who commit crimes is given at every stage of the juvenile criminal justice process. Starting from the arrest stage, detention stage, investigation stage, prosecution, and trial stage, as well as during the coaching period. Another form of protection is efforts to settle criminal cases outside the trial, namely children's cases are always pursued through diversion and this is required to be done at every stage of the juvenile criminal justice process. The purpose of providing legal protection to child offenders is also the implementation of respect for the perpetrators' human rights so that they are not psychologically disturbed, have legal certainty, and to avoid arbitrary and unfair treatment.
 

Questioning the interdependence in the functioning of the judiciary: An evaluation of Uzbekistan and ukrainian judicial systems

This paper is put to assess and evaluate the significance and role of the function of the judicial systems of both Uzbekistan and Ukraine in the acquisition of criminal justice process, as well as analyzes the institution of judicial control and their correlation with the function of the courts in the administration of justice. Additionally, serves to ensure the rights and legitimate interests of the individual in criminal proceedings at the initial stage of the investigation. From the above observation, there rule remain that the interdependence as evaluated in both countries continue to be questionable as constant violations are experienced. This infelicities of the two systems has been a tempting ground for continuous examination and evaluation.

Judicial Review By Public Prosecutors In Criminal Cases

Law enforcement efforts should begin to consider and make victims as parties who have an interest in the judicial process. Victims of criminal acts so far have not received enough attention in an effort to fight for justice. The things that are considered and considered include legal certainty, expediency and justice. Legal certainty is closely related to the guarantee of protection to the community against arbitrary actions aimed at public order, while expediency is to create the greatest benefit or happiness to the community, while justice is truth, impartiality, can be accounted for and treats every human being at the same time. equal position before the law (equality before the law). Likewise, the judicial review institution as part of an extraordinary effort in enforcing the law should also be based on these three objectives. On the other hand, the unaccommodated or unaccommodated interests of the victims in the legal provisions encourage interpretations that lead to the defence of interests and justice for the victims, even though in the end it is considered contrary to the law. On this basis, reforms or formal legal reforms summarized in the Criminal Procedure Code, especially in the discussion on review, should be carried out immediately. Of course, these reforms must make the Criminal Procedure Code better and able to accommodate various problems that have not been accommodated so far. This new formal legal provision can later annul conflicting legal provisions between PERMA, the Constitutional Court's Decision and so on. In addition, it is hoped that the new KUHAP will also be able to end the pros and cons and confusion regarding the submission of a judicial review that has so far occurred in a criminal justice process.

Law Enforcement Against Children As A Criminal Act Of Sexual Harassment (Case Study Of Decision Number 7/Pid.Sus-Anak/2020/Pn.Srg)

Adolescence a child experiences the development of psychosexuality and emotionality that can affect a child's behavior. The developmental process experienced by adolescents can cause various kinds of problems for adolescents themselves from people who are close to their environment. Actions limited to juvenile delinquency that eventually lead to criminal acts require serious legal handling that provides protection of children's rights in the criminal justice process. Sexual abuse by children is a big problem that really needs special attention from the government. perpetrators of sexual harassment itself can occur in adults and children. The purpose of providing legal protection for perpetrators of criminal acts is to respect the rights of the perpetrators so that their fate is not hanging, there is legal certainty for perpetrators and to avoid arbitrary and unfair treatment. This study aims to determine the factors that cause the crime of sexual abuse among children in Cilegon City, to find out and to find out the judge's decision in law enforcement against children as perpetrators of sexual abuse among children in Cilegon City. The approach used in this study is a qualitative approach.

Still Standing: Innocence work in England and Wales

This article examines the two categories that have evolved in the literature concerning Innocence Projects; the pedagogical value of innocence work and the problems with associating the term innocence with the English criminal justice process. This research draws upon a study undertaken in 2017 by the Innocence Project London (unpublished) and another in 2020. Both studies sought to understand the extent to which organisations are undertaking innocence work in England and Wales. This research is written from the perspective of the Directors of both the Innocence Project London and Manchester Innocence Project, and as a result, the projects are discussed at length in various sections. An effort has been made however, to discuss other organisations that undertake similar work in various parts of this article.

Penerapan Pidana Mati di Indonesia dalam Literatur Hukum dan Hak Asasi Manusia

Sentencing is an important part of the criminal justice process. The implementation of the death penalty by the state through a court decision means that the state takes the convict's right to life which is a human right that cannot be reduced under any circumstances (non-derogable rights). Therefore, its implementation must pay attention to the human rights of the convict. The purpose of this study is to find out how the death penalty is applied in Indonesia and how to analyze the death penalty in Indonesia in the legal and human rights literature. The research method in this study includes library research, the main method that the author uses in collecting data is documentation. While the primary data is in the form of sources of Indonesian Criminal Law in the form of the Criminal Code and in particular some documentation on human rights and legislation outside the Criminal Code applicable in Indonesia. The secondary data are materials or references obtained from books, articles, journals and from the internet that are relevant to this problem. The regulation of the death penalty in Indonesia is contained in the Criminal Code legislation and outside the Criminal Code. According to statistical data and the hypotheses of several criminologists, the practice of capital punishment in Indonesia has not been proven to provide a deterrent effect to reduce crime rates. In addition to not providing a deterrent effect, the death penalty also violates the convict's right to life. The right to life is guaranteed in several human rights instruments, as stated in several articles of the Universal Declaration of Human Rights, International Covenant on Civil and Political Rights, American Convention on Human Rights, Law no. 39 of 1999 on Human Rights, and the Charter of Fundamental Rights of the European Union. In fact, the right to life is also guaranteed in Indonesia's highest constitution, namely Article 28I of the 1945 Constitution Keywords: Death Penalty, Law and Human Rights

Building on the shoulders of Bhaskar and Matthews: a critical realist criminology

ABSTRACT Building on the insights of the late Roy Bhaskar and the late Roger Matthews, as well as some recent developments in ultra-realist criminology, this article introduces and delineates some core intellectual contours of a Critical Realist Criminology (CRC) based on the principles of: The ‘emergent,’ stratified ontology of crime and of the offender; the full critical realist account of the dialectics of being and becoming, including the spiritual turn in critical realism, applied to processes of criminal justice and reform; maximal inclusion of diverse theoretical research positions and the primacy of ontology in methodological selection; a ‘serious’ critical relationship of criminologists with professionals, institutions and policy-makers of criminal justice. These principles are directed at developing a criminology that ‘underlabours’ the recovery of human flourishing for the victims and perpetrators of crime and for society at large, including in-depth inquiry into what counts as crime and the purposes of incarceration.

The Role of Legal Advisors in Criminal Case Settlement Process

Since enactment of Law No. 8 of 1981, LN. No. 76 of 1981, namely regarding Criminal Procedure Code which came into force on December 31, 1981, provisions contained in HIR (Het Herzine Inlandsch Reglement) Staatsblad 1941 44 and all its implementing regulations are no longer valid. The values of Pancasila and 1945 Constitution which are noble and uphold existence of human rights also recognize position and role of defenders which are implemented or further embodied in Criminal Procedure Code, namely Law No. 8 The position and role of defender are closely related to rights of suspect or defendant because defender or legal advisor is present in process of settling criminal cases precisely to assist and defend rights of suspect or defendant as regulated in Criminal Procedure Code (KUHAP) A suspect who is suspected of committing a criminal act is not necessarily a guilty person, nor is a defendant charged with a criminal act not necessarily guilty because in our legal state recognizes principle of the presumption of innocence, so suspect or defendant must be considered innocent. guilty before there is a judge's decision that already has permanent legal force. The presence of a defender in settlement of a criminal case in addition to accompanying a suspect or defendant and defending him is also due to moral and juridical responsibility as one part of law enforcement officers who work together same as other law enforcers trying to find material truth. In this criminal justice process, provisions of Article 54 of Criminal Procedure Code emphasize rights of suspect be accompanied by defense or legal counsel at every level of examination, in other words, that suspect or defendant has right to have contact with defender from time of preliminary examination until time of preliminary examination. examination in court.

Factors Contributing to Guilty Plea Wrongful Convictions: A Quantitative Analysis of Australian Appellate Court Judgments

Criminal defendants can face significant pressures to plead guilty, but wrongful conviction scholarship has largely overlooked the study of guilty pleas. This study content analyzed 139 Australian appellate court judgments in which a guilty plea conviction was overturned, investigating the types of errors involved in these convictions, and the stage of the criminal justice process at which the errors occurred. The findings revealed that errors occurred during the police investigation, pretrial preparations, and formal court procedures, with the most frequent errors involving incorrect or inappropriate charges, inadequate legal representation, and the courts erroneously accepting a guilty plea. The findings raise important implications regarding the adequacy of safeguards to ensure guilty pleas are appropriate or factually and legally accurate.

The Plea Bargaining System as a Criminalization Model Under the Law Number 19 Year of 2016 on Electronic Information and Transaction Act and the Dignified Justice

<p>From the perspective of economic analysis of law theory, the increasing number of criminal convictions would indicate that the Indonesian criminal Code and regulations have not been effective in reducing the rate of crimes. By combining a preliminary hearing, hearing of cases through a special route and the application of the principle of bargaining for sentence in the plea bargaining system, a new mechanism may be formulated in the Indonesia criminal justice proceedings. This criminal justice approach employs the dignified justice principle (<em>teori keadilan bermartabat</em>) approach, whereby, the trial of cases using a preliminary hearing as a special route under a sole judge that is intended for an accused who pleads guilty and bargains for a sentence. Accordingly, this research attempts to explore the use of the principles of the plea bargaining system as a criminal justice model under the Law Number 19 year of 2016 on the Electronic Information and Transaction Act (“EIT Act”). Equally important, this research employs the juridical-normative method, statute, case, and conceptual approaches in order to obtain a comprehensive result. </p>

Scales of Justice: “International Standards” and “Local Ownership” at a Hybrid Tribunal

AbstractThis paper argues that a politics of scale plays a fundamental but uninterrogated role in internationalised criminal justice processes such as hybrid tribunals. Scale discourses—producing specific notions of “the international” and “the local”—are so naturalised in these endeavours that their regressive effects remain unacknowledged. Following Annelise Riles’ ground‐breaking analysis of the politics of scale in colonial law, and feminist critiques of scale discourse in accounts of globalisation and conflict, we think critically about “the international” and “the local” in a postcolonial and post‐conflict justice context. Using the case of the Extraordinary Chambers in the Courts of Cambodia (ECCC), we specifically examine the operation and effects of discourses of “international standards” and “local ownership”. We argue that denaturalising scale in international criminal justice would serve a wider project to decolonise international law and address the specific forms of disenfranchisement currently enacted by dominant “scales of justice”.

Penyelesaian Perkara Tindak Pidana Penganiayaan Dengan Pelaku Anak Menurut Undang-Undang Nomor 11 Tahun 2012

Introductioan: Cases of criminal abuse with child offenders, the form of settlement is a restorative justice approach through diversion, which is an initial step in the settlement process before proceeding to the next legal process.Purposes of the Research: This study aims to analyze and discuss the form of settlement of cases of criminal abuse with child offenders according to Law Number 11 of 2012.Methods of the Research: The type of research used in this research is Normative Juridical. Approach the problem using a statutory approach (statute approach), conceptual approach (conceptual approach) and a case approach (Case approach). Sources of legal materials include primary legal materials and secondary legal materials. The technique of collecting legal materials through documentation studies and analysis of legal materials uses qualitative analysis.Results of the Research: The research results show In if the settlement of a criminal case of persecution through diversion is successful in peace between the parties, the report will be withdrawn because there has been a mutual agreement in the settlement that has been carried out. Not all of these settlement processes with diversion can run smoothly and have succeeded in reaching a peace agreement between the parties. If in the event that the diversion process does not result in a peace agreement or the diversion agreement is not implemented, the juvenile criminal justice process will proceed to the Court and the settlement of cases of criminal abuse with child perpetrators is in accordance with Law No. 11 of 2012. However, in the settlement of cases of criminal abuse with child offenders there are still obstacles faced by law enforcement officials and the parties in litigation.

Technology facilitated re-victimization: How video evidence of sexual violence contributes to mediated cycles of abuse

With the ubiquity of technological devices producing video and audio recordings, violent crimes are increasingly captured digitally and used as evidence in the criminal justice process. This paper presents the results of a qualitative study involving Canadian criminal justice professionals, and asks questions surrounding the treatment of video evidence and the rights of victims captured within such images. We argue that loss of control over personal images and narratives can re-traumatize survivors of sexual violence, creating technologically-facilitated cycles of abuse that are perpetuated each time images are viewed. We find that the justice system has little to no consistent policy or procedure for handling video evidence, or for ameliorating the impact of these digital records on survivors. Subsequently, we assert that the need for a victim-centred evidence-based understanding of mediated evidence has never been greater.

The pandemic as an antidote to populism: Punishment, immobilisation, and COVID-19: Pandemia jako antidotum na populizm: karanie, unieruchomienie i COVID-19

The contemporary rise of populism across much of Western society – especially the Anglosphere countries that are the main focus of this article – has threatened many of the protections and freedoms provided by the post-1945 commitment to a democratic political order: guarantees of human rights, adherence to the rule of law, and a media that is free to criticise governments and hold them to account. Populism has also come to be associated with a very different penal programme from that which, for several decades after 1945, characterised a given society’s commitment to democracy. That pattern of justice – largely based on reason, liberalism, and expert knowledge – was significant beyond its operational boundaries. It symbolised the Western democratic order, standing out as a beacon of humanity against totalitarianism. The rise of populism, however, has helped to fashion a very different penal programme, associated with historic rises in imprisonment levels and the immobilisation of those who pose risks to public well-being – even if, in so doing, the foundations of criminal justice in the democratic world are undermined by the strategies employed. It might thus be supposed that governmental reactions to the COVID-19 pandemic pose a further threat to democracy and its criminal justice processes. Additional forms of immobilisation have been introduced to combat the spread of the virus: restrictions on freedom of movement in public spaces or stay-at-home orders equivalent to house arrest – controls which now cover entire nations rather than just individuals at risk of committing particular crimes. As such, this kind of ‘rule by decree’ might seem to be a blueprint for would-be autocrats wishing to subvert democratic processes and forms of accountability altogether. However, the article also argues that the pandemic provides very different possibilities of governance to populist authoritarianism. Indeed, the virus acts as an antidote to populism. COVID-19 has laughed in the face of populist demagogues. It shows them to be nothing more than incompetent, though usually malevolent, charlatans with some of the world’s highest infection and fatality rates in their societies. Instead of their empty populist blustering, the pandemic can only be eliminated by science and expert knowledge, acting in conjunction with a strong but accountable central government amidst forms of immobilisation to which the general public have largely acquiesced – strengthening rather than weakening social cohesion in the process in many instances. As the virus has eaten into the support for populism, the dangers which the latter posed to democratic order have also been pushed back. Previous pandemics have been followed by dramatic social and economic changes. Such changes post-COVID-19 may now sever the links between populism and penal development, allowing for a different and more restricted penal framework.

Restriction of the access to justice for consideration of the criminal procedure dispute in accordance with the Article 125 of the Criminal Procedure Code of the Russian Federation

This article analyzes the problems of implementation of the right of access to justice for consideration of the criminal procedure dispute in accordance with the Article 125 of the Criminal Procedure Code of the Russian Federation. The author carefully examines the legislation of the countries of post-Soviet space on filing a complaint against actions (omissions), as well as decisions of the prosecuting agency in pretrial proceedings. The subject of this research is the norms of the Russian and foreign legislation that regulate the right of access to justice in criminal proceedings. The object is the legal relations arising in the context of implementation of the right of access to justice. The article employs the universal systemic method of cognition; comparative-legal, formal-legal, and statistical methods; as well as logical analysis of the normative legal acts. It is indicated that restriction of the access to justice for consideration of the criminal procedure dispute in accordance with the Article 125 of the Criminal Procedure Code of the Russian Federation is also established by the practice developed in law enforcement for evaluation of the complaint prior to its consideration involving  the parties with the possibility of making a decision on whether to remit or reject the complaint in the absence of legislatively specified grounds, which directly affects the number of addressed complaints. The conclusion is made on the need to specify the grounds for remitting the complaint of an applicant filed in accordance with the Article 125 of the Criminal Procedure Code of the Russian Federation, for the purpose of excluding the possibility of decision made by the court that is not based on the law on remitting or rejecting the complaint for consideration (the Article 125 of Code of Criminal Procedure Code of the Russian Federation).

Provision of the access to justice for consideration of criminal procedure dispute in the court of cassation

This article analyzes the problems of exercising the right of access to justice for consideration of criminal procedure dispute in the court of cassation. The author examines the legislation of post-Soviet countries in terms of provision the access to justice for consideration of criminal procedure dispute in the court of cassation. The subject of this research is the norms of Russian and foreign legislation that regulate to right of access to justice in criminal proceedings. The object of this research is the legal relations that emerge in implementation of the right of access to justice. It its demonstrated that the restriction on access to justice for consideration of criminal procedure dispute in the court of cassation instance is the time constraint for filing cassation appeal for the convict; and for consideration of interlocutory court decisions – the procedure for assessing cassation appeal without holding a court hearing. The conclusion is substantiated on the need to waive the time constraint for filing cassation appeal for the convict against final court decisions that have entered into force, and for consideration of interim court decisions, the procedure for assessing cassation appeal against the interlocutory court decision should be eliminated without holding a court hearing.