Purposes Of Sentencing Research Articles

Sentencing and placement of offenders with dementia: a significant contemporary challenge for the criminal justice system

Dementia in its various forms causes progressive cognitive decline and associated behavioural changes. If a person with dementia commits a criminal offence, complex challenges can occur at all stages of the criminal justice process, including assessment of fitness to stand trial, determination of criminal responsibility if found to be fit and appropriate sentencing and placement if convicted. The timing and accuracy of a dementia diagnosis can impact legal outcomes and potentially lead to miscarriages of justice. This article analyses the intersection between dementia and criminal law, with a focus on sentencing. It is well established that an offender’s mental impairment or ill health may mitigate any sentence imposed, but dementia poses a significant dilemma for courts in determining moral culpability and appropriate sentencing options, particularly for serious crimes. The unique neurodegenerative nature of dementia makes it difficult to apply the traditional purposes of sentencing and raises the need for alternative solutions.

Analisis Penerapan Sanksi Pidana Pelaku Residivis Tindak Pidana Narkotika

Abstract In positive law, narcotics crimes are qualified as extraordinary crimes, because the impact of these crimes has a dangerous situation that is widespread. Law No. 35 of 2009 is the basic rule for law enforcement officers to carry out law enforcement for perpetrators. In Article 54 of the Law it is explained that judges are obliged to consider conducting medical rehabilitation for drug users. In Decision No. 745/Pid. Sus/2018/PN Srg, the defendant is a drug case recidivist who had previously been rehabilitated. By using a normative juridical research method that uses the approach of legislation and legal principles, this study aims to examine and determine the application of punishment to recidives in Decision No. 745/Pid. Sus/2018/PN Srg by using the theory of judges' considerations and the purpose of sentencing. The results of this study are the application of sanctions against narcotics crime recidivists must use the purpose of punishment which results in a deterrent effect for the perpetrator, so that the perpetrator does not repeat the action.

PEMIDANAAN TERHADAP PELAKU TINDAK PIDANA PENCEMARAN NAMA BAIK MELALUI ITE

A crime without the right to distribute electronic documents containing insults and/or defamation (Decision number 111/Pid.Sus/2022/Pn Mtr). The main issues are 1) How are the actions of the perpetrators of criminal acts without the right to distribute Electronic Information which contains insults and/or defamation content is appropriate or not subject to Article 27 paragraph (3) jo. Article 45 paragraph (3) of Information and Transaction Law (Study of decision No.111/Pid.Sus/2022/PN Mtr) ? 2) How are the criminal sanctions against the perpetrators of the criminal act of Defamation in accordance with the purpose of punishment? (Put No.111/Pid.Sus/2022/PN Mtr). This study uses a descriptive type of normative legal research using secondary data which is analyzed qualitatively using deductive inferences. The conclusions of the study are 1) The sentence of the judge in the decision number 111/Pid.Sus/2022/Pn Mtr ​​is incorrect based on Article 27 paragraph (3) jo. Article 45 paragraph (3) of Information and Transaction Law 2) Criminal sanctions against perpetrators of criminal acts without distribution rights Electronic Information that contain insults and/or content accessible. or defamation in decision number 111/Pid.Sus/2022/Pn Mtr ​​is not in accordance with the purpose of sentencing.

PEMIDANAAN TERHADAP PELAKU TINDAK PIDANA PEMALSUAN KARTU KREDIT (STUDI PUTUSAN No.345/PID.SUS/2021/PNY-YK)

The crime of credit card forgery committed by Faisal Umar Firmansyah Bin Farid Firmansyah, namely the act of buying another person's CC (Credit Card) without the knowledge of the owner at a price of IDR 80,000 per credit card and purchasing 9 (nine) cellphones by checking whether registered in the KLARNA application and if registered and have a balance then the purchase will continue and if there is no balance in the KLARNA application then fill it in advance for every $1000 USA at a price of IDR 3,000,000 to IDR 5,000,000 .Research with Decision Study No.345/Pid.sus/2021/Pn.Yyk. and there is a formulation of the problem: 1. Is the court's decision against the convict's actions Credit Card Counterfeiting according to Ps. 32 paragraph (1) jo. Ps 48 paragraph (1) Law no. 19 of 2016 concerning Amendments to Law no. 11 of 2008 concerning Electronic Information and Transactions? This study uses a normative research type that is descriptive analytical, using literature or secondary data which consists of primary legal materials and secondary legal materials obtained from literature studies and analyzed qualitatively using deductive logic, as well as drawing conclusions. The conclusions from this study are that 1. The Court's decision given to the Defendant of the Crime of Credit Card Counterfeiting is not appropriate based on Article 32 paragraph (1) jo. Ps 48 paragraph (1) Law no. 19 of 2016 concerning Amendments to Law no. 11 of 2008 concerning Information and Electronic Transactions, and 2. Judge's Decision No. 345/Pid.Sus/2021/PN Yyk which imposes a criminal sanction of 6 (six) months in prison is not in accordance with the purpose of sentencing.

TINDAK PIDANA PENGGELAPAN KARENA PENGUASAAN BARANG DISEBABKAN ADANYA HUBUNGAN KERJA

It started from the Paseban Motor Showroom, which has an inventory of motorbikes in the showroom that are used by employees who have a working relationship to commit embezzlement. The formulation of the problem in this writing is whether the crime of embezzlement due to the possession of goods is caused by a working relationship following Article 372 of the Criminal Code and how the sentence is canceled by a judge for one year and eight months in prison according to the purpose of sentencing. The research was conducted normatively with the nature of descriptive-analytical research and concluded using deductive logic methods. Of the offender's actions, it is not appropriate to be subject to Article 372 of the Criminal Code, so it is more appropriate to be subject to Article 374. The form of punishment is also inappropriate considering that there was an error in the application of the article so that the Judge cannot decide on the ultra petite and can only be guided by the existing indictment as Article 182 paragraph (3) ) and (4) Criminal Procedure Code.

양형상 책임 반영과 예방 고려

This essay aims to review the rationale of sentencing in Korean criminal laws and procedures to understand how to secure rational sentencing with the rationales of sentencing, such as responsibility of offenders and general deterrence or specific deterrence. Shuldprinzip or principle of responsibility is the fundamental basis of criminal punishment, which also acknowledged as constitutional principle for criminal laws. However, Korean Penal Code has no definite provisions on the purpose(s) of punishment or sentencing. Considering such statutory definition of the rationale is necessary for rationalizing sentencing discretion, Article 51 of the Penal Code is the only relevant provision on some ‘general principles’ of sentencing : In determining punishment, the following shall be taken into consideration: 1. The age, character and conduct, intelligence and environment of the offender; 2. Offender's relation to the victim; 3. The motive for the commission of the crime, the means and the result; 4. Circumstances after the commission of the crime. Also, Korean sentencing guideline system under the Court Organization Act has set some principles of setting or changing the sentencing criteria: 1. The nature of crimes, the circumstances of crimes, and the extent of the responsibilities of defendants shall be reflected; 2. The general deterrence, the prevention of defendants from committing crimes again and their return to society shall be taken consideration; 3. As long as there is no difference between the same kind of crimes and the similar kind of crimes in the sentencing elements that have to be taken into account, they shall not be differently handled in the sentencing of them; 4. The sentencing shall not be discriminated against defendants on the grounds of their nationalities, religions, conscience, social statuses, etc. (Article 81-6(2)) Now the sentencing guideline system is taking the role of rationalizing sentencing discretion by both reflecting responsibilities of defendants and considering the general deterrence of crimes or the prevention of defendants from re-offending and their rehabilitation, and further realizing the purposed of just punishment. According to the law, when setting and changing the sentencing guidelines, the guidelines should reflect the degree of responsibility of the defendant, and consider the general prevention of crime and the prevention of recidivism and social rehabilitation of the defendant. So for the rationalization of sentencing, it should be possible to make sentencing-policy judgments on responsibility and prevention considerations through the principles of responsibility and prevention considerations rather than unclear normative adjustments of sentencing guidelines.

PENERAPAN MODEL PEMBELAJARAN SNOWBALL THROWING BERBANTUAN ALAT PERAGA UNTUK MENINGKATKAN KEMAMPUAN PEMAHAMAN KONSEP MATEMATIS

Penelitian ini bertujuan untuk menginvestigasi penerapan model pembelajaran Snowball Throwing berbantuan alat peraga dalam meningkatkan kemampuan pemahaman konsep matematis pada siswa kelas VIII SMP Garuda Kota Tangerang. Model pembelajaran Snowball Throwing merupakan pendekatan yang melibatkan partisipasi aktif siswa dalam membangun dan mengembangkan pemahaman mereka melalui diskusi dan interaksi dengan teman sebaya. Alat peraga digunakan untuk memfasilitasi visualisasi konsep matematis yang abstrak menjadi lebih konkret dan mudah dipahami'). Metode penelitian ini menggunakan desain quasi-eksperimental dengan desain kelompok kontrol non-ekuivalen. Sampel penelitian terdiri dari dua kelas, yaitu kelas eksperimen yang menerapkan model pembelajaran Snowball Throwing berbantuan alat peraga dan kelas kontrol yang menerapkan pembelajaran konvensional. Instrumen yang digunakan dalam penelitian ini adalah tes pemahaman konsep matematis yang telah divalidasi sebelumnya. Hasil penelitian menunjukkan bahwa penerapan model pembelajaran Snowball Throwing berbantuan alat peraga secara signifikan meningkatkan kemampuan pemahaman konsep matematis pada siswa. Skor rata-rata pemahaman konsep matematis pada kelas eksperimen mengalami peningkatan yang signifikan dibandingkan dengan kelas kontrol. Selain itu, siswa juga menunjukkan tingkat motivasi dan partisipasi yang lebih tinggi dalam pembelajaran menggunakan model Snowball Throwing.

Sentencing: New trajectories in law By E.A.O.Freer, Abingdon: Routledge. 2021. pp. 131. £44.99 (hbk); pp. 146. £16.99 (pbk). ISBN: 9780067862619; 9781032063027

Sentencing: New trajectories in law By E.A.O.Freer, Abingdon: Routledge. 2021. pp. 131. £44.99 (hbk); pp. 146. £16.99 (pbk). ISBN: 9780067862619; 9781032063027

Analysis Of Criminal Decisions In The Pinangki Sirna Malasari Corruption Case In Terms Of The Principle Of Justice

In imposing a criminal decision, the judge must really understand whether the decision handed down has reached the target for the purpose of sentencing. The judge's decision is the culmination of a case that is decided and tried by the judge. The criminal system according to positive law, judges have the freedom to determine the severity of the crime to be imposed on the defendant between the general minimum to the special maximum. In 2020, Supreme Court Regulation Number 1 of 2020 concerning Guidelines for Criminalization Articles 2 and 3 of the Law on the Eradication of Corruption Crimes was established, which regulates the range of sentencing based on clarification of punishment covering state losses, aspects of error, aspects of impact, and aspects of the defendant's guilt. Therefore, judges as the spearhead of justice need to accommodate these fundamental values.The purpose of this paper is to examine the decisions of the Jakarta District Court Number 38/Pid.Sus-TPK/2020/PN Jkt.Pst and the Jakarta High Court Number 10/PID.TPK/2021/PT DKI in the decision-making process whether they are in accordance with the principles of justice in decision making. The writing method used in this study uses a normative juridical approach, the primary data needed are the Criminal Code, the Criminal Procedure Code, Law Number 31 of 1999 which has been amended by Law Number 20 of 1999. 2001 concerning Eradication of Criminal Acts of Corruption, Supreme Court Regulation Number 1 of 2020 concerning Guidelines for Criminalizing Article 2 and Article 3 of the Law on the Eradication of Criminal Acts of Corruption, Central Jakarta District Court Decision Number 38/PID.SUS-TPK/2020/PN JKT.PST , and the Decision of the Jakarta High Court Number 10/PID.SUS-TPK/2021/PT DKI, the secondary data needed are textbooks related to judges' considerations in sentencing, research results, works from legal circles, magazines, Newspapers, internet, and others related to the problem to be researched. The entire data was obtained by means of literature study and then analyzed using the theory of justice.Based on the results of this study, it shows that the basis for legal considerations by the judge in the decision of the Pinangki Prosecutor at the District Court is not in accordance with the theory of justice, while at the High Court it cannot be said to be correct. This can be seen in the judges' considerations that have not accommodated the values of certainty, justice and also the benefits of the law itself. Moreover, the High Court did not show the severity of the crime, instead it reduced the sentence. Whereas the suspect's status as a law enforcer or a prosecutor who should not violate a special obligation of office. Therefore, the judge in making his decision must be careful, avoiding as little as possible inaccuracies in every decision making.

The Construction of Lithuanian Prison Sentence Assumptions in Critical Criminology Perspective: an Analysis of the Goals of Imprisonment

The declared aims of custodial sentencing worldwide and in Lithuania are to protect society from crime and reduce recidivism; it is agreed that these aims can be achieved only when the duration of imprisonment is devoted to the prisoner’s gradual return to society (UNODC 2015). However, the newest Lithuanian strategic documents note that the sentencing system does not promote the change of prisoners’ criminal habits, offender resocialization is fragmented, and prison staff carries out offender protection and surveillance, not resocialization and social help (LR Vyriausybė 2021b). By building upon the ideas of social constructionism tradition (Berger and Luckmann 1999) and critical criminology (Christie 1999; Hulsman 1997; Quinney 2004; Mathiesen 2006), this paper analyzes the aims of custodial sentencing in the context of Lithuanian penal system’s reform and specifies possible implementational problems of declared aims of imprisonment. Document analysis showed that the raising and naming of imprisonment problems are conditioned by the commitment to international organizations and projects, as well as the cascading aims of the Lithuanian political agenda. In Lithuania, the purposes of custodial sentencing continue to be relatively general and instrumental. They are used to justify current and future means of reform while it is expected of correctional facilities to provide long-term positive influences on a person and fulfill quantitative indicators. We presume that resocialization and social integration ideas, as the main declared aim of custodial sentencing, are “imprisoned” in political discourse, which lacks critical analysis and does not provide much chance for success.

Effectiveness of Social Work Sanction as a Substitute for Imprisonment in The Perspective of Sentencing Purposes

ABSTRACTImprisonment is a criminal sanction that eliminates the freedom of perpetrators with the aim of providing a deterrent effect so as not to commit criminal acts and improve behavior in order to become better human beings. In this study, problems were formulated regarding the effectiveness of social work sanctions as a substitute for imprisonment from the perspective of sentencing purposes. This study uses a normative juridical approach, with descriptive-analytical research specifications. The data used are primary data obtained through an analytical study of applicable laws, followed by concepts that have been carried out, and secondary data obtained through literature studies (references from various countries that have imposed social work sanctions), which are then analyzed utilizing a comparison between primary and secondary data qualitatively. From the study results the issue regarding the effectiveness of social work sanction as a substitute for imprisonment focuses on changing the behavior of the convict in reducing the level of crime in society and the effectiveness of social work punishment for criminals associated with the purpose of sentencing, it is used as an alternative for sentencing that is in line with the purpose of sentencing itself.

Legal Policies in Front of Corruption Bill on Treatment of Remission Between Corruptors and Chicken Thieves

The type of research used in this research is normative legal research by using primary and secondary legal materials, along with tertiary legal materials as supporting materials. This is by looking at strength and position of Visum Et Repertum evidence in a criminal act. Regarding the granting of remissions for convicts who commit criminal acts of corruption as regulated in Article 34 (A) of PP No.99 of 2012 concerning Terms and Procedures for Implementation Rights of Correctional Inmates, if viewed from theory of purpose of punishment, there are two thoughts in that regard. First, if granting of remissions is associated with one of known punishment theories, it is a relative theory, which emphasizes purpose of punishment to improve the perpetrators of crimes. By being given this punishment, it is hoped that later a criminal can change into a better person and restore the balance that was damaged due to the crime. The second opinion states that the regulations that apply to convicts of corruption have special requirements before getting remission, but actually any conditions that are intended to be used as basis for remission will only hinder the achievement purpose of sentencing. The reason is, corruption which is essentially an economic offense that harms the state and benefits oneself is carried out based on greed, where with remission mechanism there will be calculations that will speed up a convicted corruption person out of prison.

PENYELESAIAN PERKARA TINDAK PIDANA PENGHINAAN DAN ATAU PENCEMARAN NAMA BAIK SEBAGAIMANA DIATUR DALAM UNDANG-UNDANG INFORMASI DAN TRANSAKSI ELEKTRONIK (ITE) DENGAN PENDEKATAN KONSEP RESTORATIVE JUSTICE

This research results, First, criminal acts of humiliation and or defamation are generally regulated in the Criminal Code, but are also specifically regulated in the Law on Electronic Information and Transactions (ITE). The application of criminal provisions in case of violating the prohibition in Article 27 Paragraph (3) is applied according to the type of criminal act that has been legally proven to be carried out by the perpetrator of the crime. Second, for this defamation case, other steps can be taken that can achieve the purpose of sentencing, such as settlement through a restorative justice approach, this is also in line with the recommendation of the National Police Chief through Circulars and Prosecutors' Regulations regarding the settlement of criminal cases through a restorative justice approach.

Crack 2.0

The 1984 Sentencing Reform Act charged the U.S. Sentencing Commission with developing sentencing guidelines that advanced the purposes of sentencing under 18 U.S.C. § 3553(a). After the Supreme Court cases Booker, Kimbrough, Gall, and Spears, it is now well established—at least with federal drug trafficking offenses—that the Commission did not fulfill that directive. The magnitude of that failure (coupled with some of Congress’s own misguided decisions) has previously been highlighted by the evolution of federal crack sentencing policies, the Fair Sentencing Act, the related line of Supreme Court cases, and more recently the First Step Act. Congress’s compromise correction of over twenty years (essentially a generation) of a failed war on crack did nothing to further correct similar defects with federal drug sentencing policies for other controlled substances—particularly with respect to methamphetamine. Given the resurgence of methamphetamine trafficking, use, and prosecutions, this paper will analyze post-1988 federal methamphetamine sentencing policy to illustrate how the drug-type, quantity, and purity model for punishing drug trafficking offenses still produces unwarranted sentencing disparities between similar controlled substances or different forms of the same controlled substances—and in the end plainly fails to effectively deter the targeted criminal conduct or advance the purposes of federal sentencing under 18 U.S.C. § 3553(a).

ANALISIS TUJUAN PEMIDANAAN DALAM PEMBARUAN HUKUM PIDANA NASIONAL TERKAIT TINDAK PIDANA ADAT (STUDI DELIK ADAT BALI)

<p><em>Reform of the National Criminal Law is absolutely necessary with political, practical and sociological considerations. The amend of Criminal Code also include adjustments of the punishment aims, which leads to restorative justice. Likewise the sanctions for criminal offense in adat law, the punishment is less than optimal if only imposed the freedom deprivation to the perpetrator's, it is necessary to make efforts in restoring the situation (balance).</em></p><p><em>This type of research is normative research, by analyzing norms and legislation related to the aim of punishment in customary offenses.</em><em> </em><em>The results of the research that is the aim of customary sentencing is not specifically regulated in positive law, but customary criminal law have the power to apply, based: Article 18 B paragraph (2) of The 1945 State Constitution of the Republic of Indonesia, Emergency Law No. 1 of 1951 on Temporary Measure in Organizing the Unity of the powers and procedure of Civil Courts, Law No. 48 of 2009 on Judicial Power, Law No.39 of 1999 on Human Rights, and the Supreme Court Decisions, among others: (1) Decision No. 1644K / Pid / 1988 dated May 15, 1991; (2) Decision No. 984 K / Pid / 1996 dated January 30, 1996. </em></p><p><em>In the positive law, there is a reflection of restorative justice as a concept that developed in modern criminal law in line with the purpose of sentencing the customary offenses. The aim of sentencing as ius constituendum is formulated in Article 55 paragraph (1) of the 2017 Criminal Code Concept which includes resolving conflicts that arise, restoring balance, and bringing sense of peace and secure in the community, which is in line with customary criminal sanctions because of the visible values of customary law; resolve conflicts, restore balance, and bring a sense of peace in society.</em></p><p><strong> </strong></p><p><strong>Keywords</strong>: Analysis, Purpose of Sentencing, Criminal Law Reform, Customary Criminal Act</p>

The Criminal Sanction Policy Against Victims Of Criminal Activities In Household

The research objectives in this study are to: examine and analyze the policy of criminal sanctions against victims of domestic violence in the Law on the Elimination of Domestic Violence, to examine and analyze the constraints of criminal sanctions policies against victims of domestic violence, to examine and analyze the policy of criminal sanctions against victims of domestic violence in the future. This thesis uses a normative juridical approach, with a descriptive analytical research method. The data used are primary and secondary data which will be analyzed qualitatively. The research problems were analyzed using the theory of legal protection and the theory of justice. The results of the study conclude that acts of violence that occur in the household are also the same as other forms of crime in general, however, domestic violence has a special nature and characteristics that lie in the relationship between the perpetrator and the victim, as well as the ways of solving it. The obstacles to the policy of criminal sanctions against victims of domestic violence are: 1). The purpose of sentencing is not merely as a retaliation for the actions of the defendants in order to become a deterrent. 2). Weak corners of the basic idea of the double track system. 3). Weak legal sanctions given to domestic violence defendants. The Drafting Team of the Criminal Code has made a rating based on the gravity of criminal acts. This rating is divided into five levels using a semantic scale technique, from “very light” to “very serious” with a note that “very light” crimes are not subject to deprivation of liberty, while very serious crimes are crimes that are subject to deprivation of liberty/imprisonment for more than seven years.

A Sexual Harm? HIV Transmission, ‘Biological’ GBH and Ancillary Sentencing Provisions in England and Wales

This article examines the scope and meaning of ‘sexual harm’ within the context of ancillary sentencing orders in England and Wales. It argues that the statutory definition provided in the Sexual Offences Act 2003, recently replicated in the Sentencing Act 2020, does not extend to the transmission of sexually communicable infections and that, subsequently, it is inappropriate for Sexual Harm Prevention Orders to be imposed with the aim of preventing transmissions of sexually transmitted infections (STIs). It suggests that recent case law reinforces this point and that the questions this raises reflect the broader need for further scrutiny of the aims and purposes of sentencing, and criminalisation more generally, in instances of STI transmission.

Transferred Intent in Italian Criminal Law

This article examines the rule on transferred intent under Italian criminal law and argues that such rule does not only concern the mental element of the crime (mens rea), as generally considered in both Italian and Anglo-American literature, but also involves a multiple offense scenario in which a willful offense attempted against the intended target coexists with a negligent one actually carried out against an unintended victim. According to the rule on transferred intent, the two offenses should be considered as a single offense for the purpose of sentencing.

Behaviour of Uranyl Phosphate Containing Solid Waste During Thermal Treatment for the Purpose of Sentencing and Immobilisation: Preliminary Results

Behaviour of Uranyl Phosphate Containing Solid Waste During Thermal Treatment for the Purpose of Sentencing and Immobilisation: Preliminary Results

Sentence Role in the Historical Discourse of the “Concise Russian Church History” of Metropolitan Platon (Levshin)

Introduction. The article deals with the problem of emergence of analytical conclusions in Russian historical science at the turn of the 19th and 20th centuries. Based on the historiographical analysis of the text of “Concise Russian Church History” of Metropolitan Platon (Levshin) the author makes an attempt to demonstrate that scientific analytics is formed in the historical discourse through authors sentence, the deductive excursus created by the author in the process of making a text and providing the discovery of the pragmatic sense of the narrative. On the basis of the purpose of sentence in general text linguistics, the author makes an assumption that such a sentential generalization finds its way into the historical work of Metropolitan Platon through the orthodox homiletics, making the structure of authors narrative similar in a sense and purpose to a sermon. Methods. The research is based on the hermeneutic research method supplemented by the comparative historical and linguistic methods of text research. Applying the historiographical methods results in analyzing the sense and purpose of sentences in the text of historical composition of Metropolitan Platon. Analysis. The article describes a number of coincidences of some sentential generalizations suggested by Metropolitan Platon with sentences included in Karamzins “History of Russian State”. In particular, the researcher remarks the meaning coincidences of authors sentences in evaluating Russian paganism as well as in characterizing Russian society shortly before and after the Mongol-Tatar invasion. He emphasizes some differences in using authors sentences in these texts, analyses the reasons of these differences, finds out a place of sentences in every composition. Results. Finally, the researcher makes a conclusion that in spite of any differences in using sentential generalizations, in these compositions of Platon and Karamzin they form a summarizing part of their historical discourse as an inherent side of their writing styles in presenting historical material. Such a sentence becomes the first step in the formation of scientific analytics, allowing historians of the early 19th century to rise above information of the source, divide information flows, instill scientific discoursivity to the narrative, give conceptual importance to authors conclusions.