Witness Statements Research Articles

Statement of Expert in Holding Special Cases at the Investigation Stage Based on Perkap 6 of 2019 Concerning Investigation of Criminal Acts

As a form of implementation as a rule of law state, law enforcement officers consisting of police, prosecutors, judges and lawyers are presented to carry out this function. The police as one of the law enforcers carry out security measures in the community, in every action they are subject to formal law, namely the Criminal Procedure Code (KUHAP). In the Criminal Procedure Code, the task of the police to disclose a crime or also called a crime is known as an investigation. In the investigation stage which aims to make light of a crime and find the suspect by collecting evidence, of course, must go through the correct and accountable procedures. A little wrong in carrying out the procedure, the investigator as a user in the investigation in his actions makes it clear that the crime must collect evidence that can really be tested in quality. In the Criminal Procedure Code, evidence is contained in Article 184 paragraph (1) which consists of witness statements, expert statements, letters, instructions and statements of the accused. As for the evidence that is in the spotlight in the expert's statement, where the expert's statement is evidence that is felt to play a significant role in determining the elements of the crime which in the end can shed light on the crime in the investigation stage. KUHAP as the holy book of criminal law practitioners in enforcing criminal law is certainly expected has all the facilities or in other words can accommodate all the sense of justice for the parties involved in it. As we also know that the Criminal Procedure Code was born in 1981, if we feel that he is already 40 years old, if we equate it with human age, it can be said that he is entering adulthood. The maturity of the KUHAP so far can be marked by the persistence of the Criminal Procedure Code as the basis for law enforcement and justice seekers in criminal cases even though there are patchworks here and there in the form of implementing regulations and in the form of a Supreme Court Circular to provide perfection and fulfill the people's sense of justice.

From Child to Adult Victims and Witnesses: Ways of Improving the Quality of Investigative Interviews

Witness statements are important piece of evidence in criminal proceedings. Investigative interviews with witnesses are conducted in various stages of the investigative process, and the person conducting the investigative interview must take into account internal and external factors, that influence the quality of witnesses’ statements. The paper gives a systematic overview of the ways of improving the quality of investigative interviews of adult witnesses carried out by investigators, on the basis of a survey of the literature available from continental Europe but also Common Law countries (such as the UK, the US, and Australia). Even though detailed instructions and in-depth training programmes are available, today’s training consists largely of theoretical classroom lectures of a short-term nature that feature minimal practical tasks. Teaching methods of this type are effective in increasing knowledge but fail to transfer the knowledge into practice. Accordingly, the authors found that the training should be more practically oriented, have a longer duration, and incorporate personalised feedback in order to situate the knowledge in practice. In addition, several new computer-based approaches have been developed to help overcome the limitations identified. These provide a more personalised and flexible approach to learning, yet room still exists for further development. The paper concludes by addressing how work in the field of interviewing child and adult witnesses could develop in the future.

The Experience of Employment in a 1930s East End Cinema

This article explores the employment experience of workers at the Eastern Palace Cinema in East London, in 1934. In August 1934, a member of staff murdered the cinema’s manager. The witness statements taken in the subsequent criminal investigation give a unique insight into the operations of 1930s cinemas and the working conditions of the people who were employed in them. The statements give voice to a group of service staff that had limited means of relating their lived experience. The article contrasts these statements with contemporary advice on cinema operations from guidebooks and trade papers to explore how trade advice translated into reality. It also draws on archival sources to excavate the backgrounds of cinema staff across roles. This adds to our understanding of the experience of staff employed in the most popular leisure industry of interwar Britain, an area that has not yet been extensively researched.

"This Abominable Evil Is the Source of Fetid Corruption": The IRA's 1920 War on Poitín

"This Abominable Evil Is the Source of Fetid Corruption":The IRA's 1920 War on Poitín Caoimhín de Barra (bio) As the Irish Republican Army waged war on crown forces during the Irish War of Independence, British control of large parts of Ireland collapsed. The escalating conflict was a boon for those who could profit from the slackening of law and order, especially those in the business of illegal distillation. This raised a dilemma for republican paramilitaries. Fighting a guerilla campaign against an enemy with significant advantages in terms of financing and equipment, the IRA could scarcely afford to divert resources toward combating the poitín trade in the Irish countryside. Yet it did. In fact, the second half of 1920 witnessed a serious campaign in which local IRA commanders, acting on their own initiative, sought to destroy the illicit-whiskey trade. Over the following six months IRA poitín raids took place across the north, west, and south, with stills seized in Kerry, Galway, Mayo, Sligo, Donegal, Tyrone, Cavan, Monaghan, Antrim, and Armagh. Exactly how many such operations took place is difficult to ascertain. After all, members of an illegal organization searching for fellow lawbreakers engaged in criminality was not the kind of activity that generated exhaustively detailed written records. But based on newspaper reports and witness statements, a conservative estimate is that the Irish Volunteers conducted about one hundred such raids in the second half of 1920. Some of these operations could be quite extensive. One raid at Ballyscally in Tyrone involved thirty men, while a report in the Anglo-Celt claimed (possibly with some exaggeration) that the seizure of a still at a farmer's house at Ture in Monaghan included between two and three hundred participants.1 An article in [End Page 283] the Sligo Champion described a series of poitín raids in the townland of Masshill, reporting that: It is rumoured that about forty men were engaged, and that the operations were carried out in real military style. Sentries and outposts were thrown out. A line of communication was kept up between the raiding party and the outposts by means of dispatch riders and signaling with cycle lamps. The orders were given to the men through a megaphone, and the houses to be raided were approached and surrounded without the least noise.2 This scene naturally raises some questions. Why was the IRA engaged in this kind of activity at all? We also might wonder what was the reaction of the ordinary men and women of Ireland, the people on whose behalf the Irish Volunteers claimed to be fighting, to the effort to stamp out poitín distillation. Why did the crusade against "mountain dew" stop as abruptly as it started, and what insight does it offer into the vision of a new Ireland that these revolutionaries had? The IRA was motivated by a number of factors. Firstly, as an entity dedicated to overthrowing the system, the IRA was committed to a new society, and for many of them alcohol's place needed to be tempered. Secondly, the IRA understood that suppressing poitín had public-relations potential. After all, it wanted the Irish public to recognize the IRA as the legal authority on the island, and what better way to demonstrate its fitness to rule than holding illicit-whiskey distillers to account? Thirdly, as the Catholic church was also morally opposed to poitín, the IRA hoped that tackling the manufacture and distribution of moonshine would reinforce the sense that it was doing God's work. Hence the Irish Volunteers often displayed the captured tools of the trade, such as stills and worms, on church grounds on Sundays. The topic of poitín and the IRA during the War of Independence has received very little attention. In Michael Hopkinson's The Irish War of Independence and Charles Townshend's The Republic: The Fight for Irish Freedom, for example, poitín is barely mentioned at all, with both books dedicating only a sentence to it.3 John Borganovo is [End Page 284] similarly brief when broaching the topic in his recent essay "Peasant Resistance Traditions and the Irish...

A Story with Characters and Action

A Story with Characters and Action

4A_438/2018, Urteil vom 17. Januar 2019 [Arbitral tribunal not required to hear a witness where the party calling him does not explain what further information beyond those in the written witness statement could be obtained during the hearing

4A_438/2018, Urteil vom 17. Januar 2019 [Arbitral tribunal not required to hear a witness where the party calling him does not explain what further information beyond those in the written witness statement could be obtained during the hearing

SISTEM PENDUKUNG KEPUTUSAN TINDAK PIDANA PADA PENGADILAN NEGERI LUBUK PAKAM MENGGUNAKAN FUZZY MADM

The foundation of the judiciary in Indonesia is a judiciary based on Pancasila which places human dignity in its place and carries out the protection and guarantee of human rights. In making a decision, the judge's decision must always be based on a case delegation letter containing all charges for the defendant's guilt. The judge must be able to process and process the data obtained during the trial process in terms of evidence, witness statements, defense of the defendant, as well as prosecutors' demands, and psychological content. The task of legal judges in determining the decision to be handed down to the defendant is very heavy. Therefore, a system is needed to assist the judges in court, in this case, the judge, so a decision support system is needed to facilitate judges in making decisions based on the facts of the investigation and the facts of the trial. The aim is to assist judges in making decisions on criminal cases of murder that are suspected of being accused. This support system will be applied using the Fuzzy Multiple Attribute Decision Making (FMADM) method using the criteria of Accompanying Allegations, Goods/evidence, mitigating and aggravating things. The results show that the decision support system can help judges, where the system provides recommendations for decisions against the defendant such as the sentence does not need to be reduced, the sentence is reduced and the defendant is released.

PEMERIKSAAN SAKSI DALAM PERSIDANGAN TELECONFERENCE PADA MASA PANDEMI COVID – 19

The Covid-19 pandemic has made evidence through witness examination evidence encounter changes, which were followed by knowledge from experts in the field of science and technology. The influence of the advancement of today's science and technology into the practice of trial cases in the field of criminal procedural law that affects the proof of evidence by examining witness statements previously in the Criminal Procedure Code was required to be present in the courtroom and then examined and questioned by the judge and must also be sworn in in the room. The trial turns into witnesses who can be sworn in and asked for a statement by the judge via electronic means with the term being a teleconference trial. The practice of this teleconference trial still has to bring judges along with prosecutors and legal counsel to court, but defendants and witnesses are not welcome to come if they encounter obstacles to come and can be sworn in and asked for information via video telephone via cellphone or other electronic devices that can use the internet. The defendant and the witness still have to attend the trial directly, but it can be carried out from home or other supportive places because electronic devices are able to make judges and legal advisors and prosecutors see directly from a distance the witness and defendant through the cellphone screen. To keep up with the times, the government of the judiciary, namely the Supreme Court, issued PERMA No. 4 of 2020 concerning Administration and Trial of Criminal Cases in Courts Electronically as a regulation for holding teleconference trials. This poses a problem when viewed in the Criminal Procedure Code which requires the defendant to be present in the courtroom (Articles 154 and 196). In the criminal trial process is also based on the legal principles “Examinations are carried out directly and orally. The method used in this research is normative research method. Witness testimony delivered by teleconference is not regulated in the Criminal Procedure Code. LPSK regulates through Law 13 of 2006 article 9 emphasizing that there are 3 options for witnesses if they are not required to come in person during the trial. The Supreme Court through its regulations, namely PERMA No. 4 of 2020, explains the sequence and stages of court case affairs which are carried out by utilizing internet facilities starting from the beginning of the process to the procedure for asking witness statements via tele conference to fill legal voids that occur due to forced circumstances (Force Majeur). caused by the covid-19 pandemic

Analisis Yuridis Terhadap Penolakan Nafkah Madhiah Isteri Dan Anak

The panel of judges rejected the demands for a wife and children's financial support in the decision Number 251/Pdt.G/2021/MS.Mbo. Whereas a living that is not given during the marriage becomes a debt for the husband who has the right to be demanded back by the wife. This study aims to analyze the reasons for the judge's refusal to support his wife and children and the legal consequences of the refusal. The author uses a normative juridical research method. The legal materials used are primary legal materials, secondary legal materials and tertiary legal materials. Data analysis was carried out qualitatively. The results showed that the judge's consideration of rejecting the demand for a living was because only one witness from the two people who were presented to the trial was able to state that the defendant had never provided a living for his wife or children. The principle regulated in the procedural law is unus testis nullus testis which means one witness is not a witness. Juridically, the refusal of a living was appropriate because the panel of judges had taken into account the provisions of Article 172 of the HIR which stipulates that witness statements must match each other.

Proses Pembuktian dalam Tindak Pidana Pembunuhan yang Dilakukan Istri terhadap Suaminya (Studi Pada Polrestabes Medan Terkait Putusan No. 907/Pid.B/2020/PN.Mdn)

The purpose of this study was to examine the responsibility and process of proving the wife as the perpetrator of the crime of murdering her husband at the Medan Polrestabes regarding the decision no. 907/Pid.B/2020/PN.Mdn. The type of research is normative juridical law, namely normative legal research on legal principles. To prove the act that is charged to a defendant in a belief that the defendant is really guilty, the court conducts an examination process known as proof. Article 184 paragraph (1) of the Criminal Procedure Code has regulated the evidence that is recognized as valid in the trial, namely in the form of witness testimony, expert testimony, letters, instructions, and statements of the defendant. The results of the study indicate that the responsibility of the defendant Zuraida Hanum, has been legally and convincingly proven guilty of committing a crime. Premeditated Murder Committed Together, as charged in the Public Prosecutor's Primary Indictment, sentenced the defendant to the death penalty. The proof process is to check the crime scene, carry out an investigation into the discovery of the corpse, the Police to make a Model A Police Report, the Medan Police to receive an abundance of police reports from the Kutalimbaru Police, the disposition of the police report is received by the assistant investigator Bripka Okma Brata, to complete the mindik (letters), calling witnesses, checking CCTV from the victim's house until the scene of the corpse is found, conducting pre-reconstruction at the house of the murder victim.

Memorials and Witness Statements: The Need for Reform

Memorials and Witness Statements: The Need for Reform

À propos de l’expérience de la torture

The large influx of asylum seekers confronts public mental health services with the suffering resulting from extreme political violence. Among these patients, survivors of torture present a unique clinical profile of which clinicians should be made aware. While certain researchers have proposed useful concepts, the statements of witnesses and the writings of clinicians constitute the point of articulation between theory and practice. In this article, we will attempt to understand the ways in which torture results in psychosis (“a laboratory of psychosis”), notably through the specific and ambiguous role of the imaginary. A specific focus will be dedicated to the processes of humiliation, which illuminate a dialectic between the body and the mind, between the physical wounds and the long-lasting injuries inflicted on the soul; torture causing, intentionally, the possibility of a rupture between the ego and the ideal of the self. Finally, the article will critically examine the role of the therapist; so that clinicians will be able find a favorable resolution to the pathogenic conflicts involved.

Analisis Putusan Berdasarkan Atas Keterangan Satu Orang Saksi Dalam Perspektif Ibn Qayyim Al-Jauziyah

The law of proof in a case is a very important thing, because the most important task of procedural law is to determine the truth in a conflict of interest. It is in determining the truth that evidence is sought that will provide information for the judge in making the final decision. This study aims to determine the analysis of the decision based on the testimony of one witness in the perspective of Ibn Qayyim Al-Jauziyah. This research is based on a study of the literature or also called library research, namely: Data sources consist of primary data sources, namely the book "al-Turuuqu al-Hukmiyyah fi Siyasah wa Syar'iyyah" by Ibn Qayyim al-Jauziyah and secondary data sources consist of the Koran, hadith, fiqh books and previous research, Data Analysis in the form of: Analytical and Comparative Descriptive, namely analyzing data by comparing the opinions of the scholars then selecting the strongest and most valid opinion or looking for possibilities for compromised. The results of the study indicate that a judge may give a decision based on the testimony of one witness, including in cases of seeing the new moon at the beginning of Ramadan, statements of expert witnesses, cases that should not be seen by men and the last is in cases of witness statements in translation. and the like and do not apply in criminal cases.

Declaraciones previas de testigos y peritos en juicio anulado y el derecho a confrontar en el proceso penal peruano

It was investigated why the use in the new oral trial of the previous statements of witnesses, experts and defendants, made in an annulled trial, and those provided before the Prosecutor's Office or the Judge during the investigations, favors the right to confront in Peru. The hypothesis was that, if they favor the aforementioned right of the procedural parties, because they allow to refresh the memory and show contradictions and inconsistencies that reduce the credibility of the deponents, which must necessarily be weighed when issuing the new sentence. As a data source, a sample of doctrinal positions of 05 authors was considered, as well as a survey of 120 criminal lawyers, in order to verify the hypothesis and propose a solution proposal. The results were presented in tables of statistical frequency and the analysis, inductive, deductive, and hermeneutical-dialectical methods were used for their discussion, which allowed to positively validate the hypothesis raised in relation to the previous statements of witnesses and experts, but not in what concerns the accused, considering that it affects their right not to incriminate themselves. Concluding in the need for express regulation in the Criminal Procedure Code.

The effects of alcohol and co-witness information on memory reports: a field study

RationaleWitnesses who discuss a crime together may report details that they did not see themselves but heard about from their co-witness. Co-witness information may have beneficial and harmful effects on memory accuracy depending on whether the information was correct or incorrect.ObjectivesGiven the prevalence of intoxicated witnesses, it is imperative to understand how alcohol influences this effect.MethodsThe present study asked pubgoers (n = 67) at varying levels of intoxication to recall a mock crime video after having also watched a video witness statement containing both correct and false information.ResultsIncreased intoxication was associated with decreased confidence, completeness and accuracy, but no increased tendency to report false information. Exposure to incorrect post-event information (PEI) can lead to the incorporation of incorrect information, whereas exposure to correct PEI increased accuracy, regardless of individuals’ alcohol intoxication status.ConclusionsThus, whilst discussion and intoxication can negatively impact eyewitness memory, discussion may also have benefits for both sober and intoxicated witnesses.

Egyptian Police Jurisdictions in Cyber Crime

The original terms of reference of the Egyptian Police in cybercrimes are represented in receiving reports and complaints, examining the crime scene, taking fingerprints and editing the record, listening to witness statements, preserving the tools used in cybercrimes in normal circumstances, in addition to giving the legislator police officers exceptional powers to initiate certain procedures in cybercrimes including arresting the accused without permission. Inspection, seizure, and scarring for the investigation of cybercrimes, through this research paper will discuss all these original and exceptional terms of reference.

Tinjauan Yuridis Gugatan Wanprestasi Terhadap BUMN Atas Sengketa Perjanjian Sewa Beli Tanah Dan Bangunan (Studi Putusan No.276/PDT.G/2020/PN Mdn)

Default is a condition where the debtor does not carry out his obligations that have been specified in the agreement. In addition to not carrying out its obligations as specified in the agreement, default can also occur where the debtor does not carryout his obligations asstipulated in the law. Research method used is normative yuridicial research, the nature of the research used is descriptive, data collection technique is with do library research and interviews. The results of the study default lawsuit against state owned enterprise on land and buildings sale agreement disputes because where Sumurung Siregar wanted to buy the official house he once occupied but when the installment of the house wascompleted the Director of PT.PLN did not reverse the deed of the official house to the name of Samurung Siregar. So that in this sale and purchase agreement the judge judges by listening to witness statements and examining the existing evidence. From research conducted it can be concluded that the cause of default is that in resolving the default dispute, deliberation must first be carried out so as not to harm the parties if they do not get a solution then go to court.

Lapsed ja sõda. Sõjatrauma Tiina Kurnimi autobiograafias „Sõrve rahva elukeerdkäigud“ ja Ülo Tuuliku romaanis „Sõja jalus“ / Children and War. War trauma in Tiina Kurnim’s Ups and Downs in the Life of the People of Sõrve and Ülo Tuulik’s novel In the Way

Lapsed ja sõda. Sõjatrauma Tiina Kurnimi autobiograafias „Sõrve rahva elukeerdkäigud“ ja Ülo Tuuliku romaanis „Sõja jalus“ / Children and War. War trauma in Tiina Kurnim’s Ups and Downs in the Life of the People of Sõrve and Ülo Tuulik’s novel In the Way

Differences In the Imposition of Corruption Criminal Sanctions

The purpose of this study was to find out whether or not the District Court's decision in decision No. 18/Pid.Sus-TPK/2020/Pn Gto and No. 09/Pid.Sus-TPK/2021/Pn Gto and the factors behind the differences in the imposition of sanctions in the two cases. The research method is normative research. Research resultverdict no. 18/Pid.Sus-TPK/2020/Pn Gto the three pieces of evidence which were one of the judge's considerations in imposing a sentence on the defendant. The fact of the trial was that the defendant had been legally proven to have committed a crime that was detrimental to the state so through the two conditions for imposing a sentence, the judge's conviction was built that the defendant was the perpetrator so that the decision was appropriate as a criminal responsibility committed by the defendant. Verdict No. 09/Pid.Sus-TPK/2021/Pn Gto because no evidence was found in the form of letters and witness statements which could prove that the defendant had committed a crime. The fact of the trial formed the judge's belief that the defendant was not proven to have committed a crime and the defendant must be acquitted of all lawsuits.

“Merrily to Hell Together”: Threats of Self-Destruction among Golden Age Pirates

The threat of death hung over every aspect of pirate life during the Golden Age of piracy. They threatened governors and governments who dared to capture, prosecute, and hang their fellow buccaneers. They threatened their victims for running away, for fighting back, or for hiding their money. They even threatened death on each other should any of them suggest leaving off their chosen course or for betraying their company. Even the iconic skull and crossbones “Jolly Roger” pirate flag was a visible, physical symbol of a threat of death: for victims it was a reminder that surrender may mean mercy, but resistance would be fatal; and for the Pirates themselves, a grim reminder that capture or failure could mean their end. Many pirate crews in the Golden Age took this menace of death to the extreme by threatening to blow up their ship to avoid the noose, promising to take prisoners and pirates, captives and captors, and gold and galleon to the bottom of the ocean, going “merrily to Hell together”. Yet despite their boasts and despite embracing the symbols of death, when the time came to make good on their oaths, few of these crews took that final explosive step and fewer still succeeded. This paper examines twenty incidents from the Golden Age of piracy in which pirates or their victims threatened or attempted to blow up their ships and themselves to avoid capture. Witness statements, period newspaper accounts, and trial testimony reveal that the threat was frequent but the attempt was not. In the end it was often prevented by the pirates themselves after a change of heart, despite promising one another that they would “live & dye together”.