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Copyright of Revista de Indias is the property of Consejo Superior de Investigaciones Cientificas and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

In this paper, we offer a defense of non-punitive measures as morally justified responses to crime within a framework of society as a fair system of cooperation among free and equal individuals. Our argument proceeds in three steps. First, we elaborate on the premises of our argument: we situate criminal acts within a model of society as a fair system of cooperation, identify the types of unfair disadvantages crimes bring about, and consider the social aim of the criminal justice system. Next, we reject the claim defended by fair-play retributivists that fairness considerations make punishment a necessary response to criminal acts. In the last step, we demonstrate that it is rather non-punitive responses to crime that are warranted under the principle of fairness and, as such, are morally justified. We conclude the paper by rejecting two possible objections to our defense: the “responsibility gap” and the “victims’ claim to justice” objections. [ABSTRACT FROM AUTHOR]

The Butterabbey gravesite is significant for its evidence of Aboriginal peoples' resistance to colonial pastoral expansion and the dispossession of land and water sources in Western Australia. It is also significant to the case of R v Mumbleby and Belo (1865) which exemplifies the experiences of Aboriginal women defendants in nineteenth-century Western Australia whose experiences in the criminal justice system were different to both non-Indigenous women and Indigenous men. This paper analyses the case of R v Mumbleby and Belo within its historical context of frontier violence to reveal the treatment of Aboriginal women accused of homicide, and determine the power struggles at play. [ABSTRACT FROM AUTHOR]

This paper reviews the legislative history and application of the Criminal Code's definition of terrorist activity to trace how the "motive clause" reinforces systemic racism within Canada's criminal justice system. By outlining this process, this paper argues that the motive clause contributes to a dynamic that racializes terror offences as a specific type of criminal offence committed by racialized individuals--marking terrorism as a unique social characteristic of racialized communities. This occurs mainly due to the legislative requirement to prosecute the ideas of accused persons, which, in practice, has increased the likelihood of courts admitting otherwise prejudicial evidence against the accused and the problematic ways in which expert evidence has (or has not) been used in terrorism trials. Although discrimination may not be an inevitable or intended outcome of the drafted legislation, it creates a framework that encourages discriminatory prosecutorial strategies, facilitates bias in the admission and treatment of some evidence, and potentially contributes to the exclusive use of the provisions against racialized communities specifically. [ABSTRACT FROM AUTHOR]

This paper considers three possible ways of understanding the claim that the American criminal justice system is racist: individualist, "patterns"-based, and ideology-based theories of institutional racism. It rejects an individualist explanation of institutional racism because such an explanation fails to explain the widespread prevalence of anti-black racism in this system or indeed in the United States. It considers a "patterns" account of institutional racism, where consistent patterns of disparate racial effect mimic the structure of intentional projects of racial subjugation like slavery or Jim Crow. While a "patterns" account helpfully directs attention to the effects of policies and practices that make up an institution, it does not fully explain the deep roots of anti-blackness in the criminal justice system in the United States. The paper concludes by defending an ideology-based theory of institutional racism for understanding the criminal justice system because the stereotype of the black criminal has a mutually reinforcing relationship with the patterns of disparate outcome for black people in the criminal justice system. This relationship creates a looping effect where the stereotype of the black criminal fuels the disproportionate involvement of black people in the criminal justice system, and the disproportionate representation of black people with felony records, in prisons, brutalized in police encounters, and so on reinforces the idea that black people are especially prone to criminality. Ideological approaches to racism that integrate attention to the patterns of disparate effect best explain what it means to say that the criminal justice system is racist. [ABSTRACT FROM AUTHOR]

Victims of crime are integral to and important players in the criminal justice system both as a complainant and as a witness for the prosecution. A victim of crime is a person who sets the criminal justice process in motion. Although the justice system largely counts on the victim, the law of crimes is primarily concerned with the offender and his rights ignoring those of the victim. As the government assumes responsibility of enforcing justice, the victim is left with ineffective remedies. This paper explores that there is no systematic and uniform law defining the status and the rights of victims in the legal system, nor clear guidelines for the criminal justice agencies to deal with and address their grievances. The role of a victim in the current criminal justice process is limited to that of a witness for the prosecution even though he is one who has suffered harm, including physical or mental injury, emotional suffering, economic loss or substantial impairment of his fundament rights as a result of the crime. Consequently, victims are deemed to be an object and employed by criminal justice agencies to advance the prosecution case. The modern State has pushed the victim, who was once entitled to lay charges against the perpetrator, out of the justice process and made him powerless. Such an absence of an important and defined role for victim in prosecuting the offender is often the root of growing discontent among the victims of crime with common-law system of justice and a major source of secondary victimization as well. Victims of crime are persons having rights and privileges. Victims' rights are human rights. Human rights are basic rights which are inherent in a person by virtue of his birth and without which he would not be able to develop to his full potential. A crime is deemed to be an offence against the society and therefore, constitutes a violation of victims' rights as well as an act against the state. The author argues that being an individual with rights and dignity, a victim of crime requires recognition as a person before the law. [ABSTRACT FROM AUTHOR]

Punishment involves the intentional infliction of harm and suffering. Both of the most prominent families of justifications of punishment – retributivism and consequentialism – face several moral concerns that are hard to overcome. Moreover, the effectiveness of current criminal punishment methods in ensuring society’s safety is seriously undermined by empirical research. Thus, it appears to be a moral imperative for a modern and humane society to seek alternative means of administering justice. The special issue of Diametros “The Abolition of Punishment: Is a Non-Punitive Criminal Justice System Ethically Justified?” was brought into life precisely to give the authors a platform for such progressive inquiries. And it is now safe to say that this platform has been put to excellent use, since Valerij Zisman, Alexander Stachurski, Giorgia Brucato, Perica Jovchevski, Sofia M. I. Jeppsson, Stephen G. Morris, Benjamin Vilhauer, John Lemos, Saul Smilansky, Elizabeth Shaw, Mirko Farina, Andrea Lavazza and Sergei Levin have presented such thought-provoking texts that they are bound to set the stage for debate in the years to come. This article is an introduction to this special issue and to the authors’ papers. [ABSTRACT FROM AUTHOR]

While increasing numbers of philosophers have argued for eliminating the retributivist elements of criminal justice systems, their arguments often fall short due to internal inconsistency. Some of the best known of these arguments — such as those provided by Derk Pereboom and Gregg Caruso — rely on the claim that there are moral grounds for rejecting retributivism. In defending this claim, these philosophers typically provide arguments seeking to undermine the type of agent responsibility that they believe is needed to justify retributivism. This is usually followed by an assertion that since the excessive suffering caused by retributivist punishment cannot be justified, it is therefore immoral to preserve remnants of it in our criminal justice systems. This paper — which opposes the moral case against retributivism provided by Pereboom and Caruso, and favors non-moral reasons that recommend rejecting a retributivist approach — is divided into three parts. In part one, I discuss why Pereboom and Caruso are correct in thinking that free will skepticism undercuts the moral justification for retributivism. Part two sets out to explain why their moral case against retributivism fails insofar as it runs afoul of the folk intuitions that are called upon to defend Pereboom’s account of free will skepticism. In part three, I provide a non-moral case against the retributivism that is founded on considerations of self-interest and empathy. [ABSTRACT FROM AUTHOR]

This article is an introduction to a special issue of the International Annals of Criminology dedicated to Professor David Weisburd, a renowned criminologist. It highlights Weisburd's contributions to the field of criminology, including his work on crime and place, policing, and experimental criminology. The article also emphasizes Weisburd's impact on Israeli criminology, both through his scientific research and his efforts to raise the discipline to international standards. It concludes by expressing gratitude to Weisburd for his contributions and introducing the papers in the special issue, which cover diverse topics such as public attitudes towards the criminal justice system and crime in the context of a political conflict. [Extracted from the article]

Copyright of International Annals of Criminology is the property of Cambridge University Press and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

In 2016, the Supreme Court of Canada ("SCC") released its landmark decision in the case of R v Jordan. With the objective of addressing widespread delay within the Canadian justice system, the implications of the ruling were such that the Court set out definitive limits on the length of time in which accused persons must be brought to trial before a stay of proceedings is presumed to be entered. Since the decision, many scholars have emphasized the importance of resolving delay within the justice system to ensure that widespread stays of proceedings are not being entered, whereby the justice system may consequently fall into a state of disrepute. However, an equally important consideration that has not yet been explored concerns the risks that a failure to adequately remedy delay may result in police and Crown rushing to resolve cases within these strict time constraints. To explore this gap within the literature, this paper utilizes wrongful conviction concepts and available data to demonstrate that the current state of delay within the justice system has the potential to contribute to a "rush to justice" mentality among police and Crown. The development of such a mentality is problematic as it has the potential to lead to a wrongful conviction. Considering this elevated risk for wrongful convictions, this paper thus provides a new perspective in underscoring the importance of resolving delays within the justice system in the advent of Jordan. [ABSTRACT FROM AUTHOR]

Despite acknowledging the risks of the COVID-19 pandemic for the prison population, Brazil's Supreme Court declined to issue structural injunctions during the health crisis ordering lower courts to consider these risks when making incarceration-related decisions. These injunctions could have been crucial to mitigate mass incarceration and protect the prison population during the pandemic. Through an examination of the Supreme Court's rulings in structural cases and in a sample of over 4,000 habeas corpus decisions, this paper argues that granting these injunctions would have overwhelmed the court with an unmanageable influx of individual claims. Consequently, the Supreme Court acted strategically in anticipation of its limited institutional capacity to enforce compliance with structural injunctions among lower courts. This case study illustrates how practical considerations can hinder structural decisions in criminal law and highlights the limits of structural litigation and constitutional jurisdiction to address mass incarceration. [ABSTRACT FROM AUTHOR]

Section 24(2) of the Canadian Charter of Rights and Freedoms provides a remedy for individuals who suffer harm to their constitutionally protected rights during evidence collection.1 The framework for a section 24(2) analysis has three distinct steps, the last being a determination of whether the admission of the evidence in question would bring the administration of justice into disrepute. Since 2009, the three-step test laid out by the Supreme Court of Canada in R v Grant has been used to arrive at a conclusion on the third factor.2 However, with the advent of new "types" of evidence the sufficiency of the current application of the Grant test must be revisited. In particular, it appears the Grant test is inept at handling evidence obtained from personal devices. In this paper, I explore how judges have taken the unique nature of personal device content for granted, leading to the frequent inclusion of evidence which would have been excluded had it existed in the form of a paper document. This has led to a section 24(2) regime that does not fulfill its purpose of protecting the good repute of the justice system, and instead communicates the justice system's condonation of the violation of individual's rights against unreasonable search and seizure, so long as the ends justify the means. [ABSTRACT FROM AUTHOR]

Since 1999, Gladue principles have been applied in a variety of contexts within the Canadian criminal justice system. Some of these contexts, like bail hearings, have been thoroughly discussed by courts and academics. Others have not. To supplement the ongoing discussion of how Gladue can be used in new and unique ways, this paper analyzes the application of Gladue principles to NCRMD and fitness disposition hearings under s. 672.54 of the Criminal Code. To date, only one appellate court has held that Gladue principles apply to NCRMD and fitness disposition hearings. However, according to the Ontario Court of Appeal, that application is limited. While relevant to the rehabilitation and reintegration of an Indigenous accused, Gladue principles are not relevant when assessing their dangerousness or mental condition. This paper argues that the current approach by the Ontario Court of Appeal is inappropriate, inconsistently applied, and should not be adopted by Courts and review boards across the country since it ignores the benefits a full Gladue analysis can have during s. 672.54 disposition hearings. [ABSTRACT FROM AUTHOR]

In recent years, the technology of cryptocurrency has become increasingly mainstream and has been documented as playing a role in the commission of contemporary criminal activity. The law must be responsive to these new techniques for committing crimes and adapt accordingly. Currently, there is a dearth of both jurisprudence and literature as it relates to section 8 of the Canadian Charter of Rights and Freedoms and the search and seizure of cryptocurrency by law enforcement. For the protections of section 8 to apply, there must be a reasonable expectation of privacy in the matter searched or seized by authorities. This paper analyzes the reasonable expectation of privacy as it relates to cryptocurrency in three different ways: first, in cryptocurrency transaction data on the blockchain, which is a public ledger that records cryptocurrency transactions; second, in various types of cryptocurrency storage mediums; and third, in user information on cryptocurrency exchanges. Previous section 8 Charter jurisprudence, U.S. case law, secondary sources, and blockchain data were all utilized to guide these analyses. Applying the reasonable expectation of privacy test to these inquiries yielded three distinct findings. It was determined that there is no reasonable expectation of privacy in cryptocurrency transaction data on the blockchain, that there is a reasonable expectation of privacy in various types of cryptocurrency storage mediums, and that there is a reasonable but diminished expectation of privacy in user information on cryptocurrency exchanges. [ABSTRACT FROM AUTHOR]

Welcome to this issue of the British Journal of Community Justice. The papers in this issue highlight current and long-standing concerns about race equality in the criminal justice system and the challenges in identifying and addressing community tensions. Issues which influential 2017 Lammy Review brought to the fore. Our papers do not directly touch on the issue of policing, but it seems remiss not to mention the recently published Casey Review report (Baroness Blackstock 2023) into standards of behaviour and internal culture of the Metropolitan Police (the Met). The finding that the Met is institutionally racist, sexist and homophobic is damning and profoundly dismaying. The issue of race equality and justice is not new. It suggests that lessons have not been learnt from the Scarman Report into the Brixton riots, over forty years ago; and the MacPherson report (1999) which first found the Met to be institutionally racist. The Met and policing more generally does not constitute the totality of the criminal justice system in England and Wales. Nevertheless, the Casey Review is totemic and warns against the dangers of complacency, self-regard and "turning a blind eye" to the issue of race and other equality concerns across the criminal justice system. [ABSTRACT FROM AUTHOR]

This paper explores the experiences of social workers in prison settings vis-a-vis both the administration's view of their role in rehabilitation of inmates and inmates' expectations from them. Prison settings present a duality of situations that pose challenges and offer arenas for personal and professional development for social workers. The paper is based on semi-structured in-depth interviews with 10 social workers, both students and professionals in Delhi and Mumbai. It aims to outline their experiences of working with the system, the ensuing process of negotiation and delineate their roles in such settings, issues and challenges faced by them and their learnings derived from practice. The social worker as an individual is placed in the profession to bare the intricacies of working with a system that favors a custodial approach aimed at 'punishment' over 'rehabilitation and reformation'. The paper recognizes the importance of social work in prisons and seeks to explore the application of social work principles in practice. Finally, it advocates for continued involvement of social workers in prisons to assist the officials in reforming and humanizing the conditions for inmates. [ABSTRACT FROM AUTHOR]

Criminal justice system in India traditionally has remained insensitive towards understanding plight of victims. In recent past certain development has taken place to make the victim as focal point of justice dispensation. However, the concept and context of victim or victim justice in itself being evolving, it needs a dynamic and modernized approach especially in India. It also becomes significant to comprehend and appreciate the positive developments taken place in other legal systems in this regard. The exploratory and descriptive paper first deliberates upon the identifying the scope of 'victim' and 'victim justice'. It then comprehensively lists, discusses and analyses the legislative, administrative measures, judicial responses and other framework in India attempting to develop victim sensitive approach and justice dispensation in that framework. The paper then ponders upon the admirable efforts taken up in select legal systems from which Indian justice system may draw some inspiration to address the concerns surrounding victims. The paper finally concludes with certain immediate measures to be adopted in India which would strengthen the victim sensitive and much needed victim-oriented approach in India. [ABSTRACT FROM AUTHOR]

For too long, victims of crime occupied a secondary position in the criminal justice system, and they were seen as nothing more than witnesses for the successful prosecution of the criminal. Indian criminal justice system is centripetally directed towards the concerns of the offender, his activities, his rights and his correctional needs; but the rights of the victims often take a back seat. It is only in the recent years, due to progressive international movements and legal instruments, that the plights of the victims of crime have received little attention in the criminal justice system. The first major development was made during 1985, when the declaration of "Basic Principles of Justice to Victims of Crime and Power Abuse" was adopted by the United Nations. This Declaration not only acknowledges the rights of victims globally, but it also sets the standard for the prosecution of perpetrators of violence and abuse of authority. However, the rights of victims were acknowledged by the Indian policy in 2008 through amendments made in the Code of Criminal Procedure, 1973 along with the Criminal Law (Amendment) Act, 2013 by introducing Section 357A of Cr.P.C. Introduction of Section357A revolutionised the victim compensation regime in the country and mandated each state and union territory to formulate a victim compensation scheme. The paper will briefly outline the historical development, that currently shapes the victim compensation regime within the criminal justice system. In addition, it will also unfold several judgments of the Supreme Court and High Courts of India about the need to provide care, protection, assistance and compensation to victims. The paper would then critically examine the legislative framework of victim compensation under Section 357 & 357A of Cr.P.C. and also delve into the procedure followed by different states in India in awarding compensation under the Victim Compensation Scheme (VCS). [ABSTRACT FROM AUTHOR]

Copyright of Collected Papers of the Faculty of Law in Split / Zbornik Radova Pravnog Fakulteta u Splitu is the property of Split Faculty of Law and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

In 2011, in Australia and Canada, two Aboriginal women – Lynette Daley and Cindy Gladue – died in suspicious circumstances suggestive of sexual homicide. At the time of their deaths, little media attention was given to their cases. However, several years later, as their cases progressed through the criminal justice system, the media would become intensely interested and numerous reports were subsequently published. These news stories, however, demonstrated that when colonialism, racism and sexism intersect they result in victims being to apportioned blame for their subsequent deaths. This paper reports on findings from a research project that examined print and online news media from 2011 to 2018, as these cases traversed the criminal court system. It illustrates that, when taken together the colonialism, racism and sexism prevalent in the news reporting served to characterise the victims as unworthy of the public's sympathy. This paper also provides a reflection on what it might take to reform the media's engagement in cases such as these, to achieve a reimagined justice where Aboriginal women's lives are valued and respected as victims of crime. [ABSTRACT FROM AUTHOR]

Copyright of Canadian Social Work Review / Revue Canadienne de Service Social is the property of Canadian Association for Social Work Education and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

In India, as in other parts of the world, victims of domestic violence face unique challenges in triggering the criminal justice mechanism. Despite the wide prevalence of domestic violence, victims are often labelled as home-breakers who abuse existing legal mechanisms to harass their husbands and his relatives. While on the one hand, news columns are replete with reports of married women being injured or killed, on the other hand, victims are dismissed as incredulous complainants. This paper examines the nature Of challenges faced by victims as well as actors of the criminal justice mechanism in India- in understanding and appreciating the nuance of Domestic Violence. [ABSTRACT FROM AUTHOR]

The complexity of awaiting-trialproblems in Nigeria particularly in Ebonyi State has been researched and documented by many scholars. One of the glaring outcomes of these problems is overstretching of prison facilities. This paper discusses how the use of 'noncustodial measure and independent body' will improve the Nigerian criminal justice system to attain substantial efficacy in dispensing justice. Using qualitative and quantitative research approaches, a sample of1498 respondents comprising 623 awaiting-trial inmates, 617 police officers, 145 prison officers and 113 court staff was drawn from Ebonyi state. Multi-stage and purposive sampling techniques were used to reach the respondents. Questionnaire and in-depth interviews were instruments for data collection. The quantitative data were descriptively analyzed using percentages and charts while thematic method of analysis was employed in the qualitative data. We found that keeping accused persons in prison longer than necessary is traumatic to suspects and expensive to government. This paper proposes the use of noncustodial measures in crime cases where keeping suspects in prisons would produce no fruitful impact. The paper also calls for the creation of an independent body that will be fundamental in monitoring the different criminaljustice agencies and holding them accountable and ensuring that the goals of the system are achieved. [ABSTRACT FROM AUTHOR]

The appropriate adult (AA) safeguard is potentially an important source of protection for vulnerable suspects in England, Wales and Northern Ireland. This paper maps out the role of the AA as provided in law and guidance, drawing attention to some of the problems with-and restrictions placed on-the safeguard. In identihing the "appropriateness" of the AA 's role, it is argued that various aspects of the role be more clearly defined, and it is further suggested that the safeguard needs to be reworked with an explicit commitment to the needs of the suspect. Finally, the paper urges thatfuture research focuses on the qualities and activities when determining 'appropriateness' rather than simply the AA's identity. [ABSTRACT FROM AUTHOR]

Copyright of Manuscrits: Revista d'Historia Moderna is the property of Universitat Autonoma de Barcelona and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Copyright of Collected Papers of the Faculty of Law in Split / Zbornik Radova Pravnog Fakulteta u Splitu is the property of Split Faculty of Law and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

This paper provides a reflection on the need for the prison system in Uganda to develop an understanding of the specific issues that affect female prisoners as a basis for implementing policies and programs that meet their special and unique needs as women. Drawing from vast international literature and few studies from African countries, this paper shows that the need for an understanding of issues that affect female prisoners is based on the fact that the pathway to crime and to prison between female and male prisoners is in most cases different. The paper's disposition is engendered by two previous studies conducted in female prisons in Uganda. In those papers, a history of multiple victimization among female prisoners, lack of understanding of issues affecting female prisoners together with insufficient programs needed to ease their pains of imprisonment and prepare them for life outside prison was clearly stated. Owing to the pertaining situation inherent with female prisoners in Uganda, this paper recommends that there should be more studies on female prisoners to generate agenda for policy makers and practitioners in the criminal justice system of Uganda. Of specific interest, knowledge on women's multiple forms of marginalization is important for prisons in developing programs that help in reducing not only the various forms of pain associated with imprisonment but also prepare women to re-enter the society that is gendered and patriarchal. [ABSTRACT FROM AUTHOR]

This paper aims to acquaint readers with the participatory consultation and research method of 'World Café', in the context of evaluating a theatre project delivered in a UK prison with adult male sex offenders. World Café is encouraged within the prison service as a consultation tool with staff and prisoners for service improvement. There is some evidence for this methodology being used by prison service practitioners and highlighted as best practice for prison consultation. However, very little is documented about using this approach in criminology within academic research. This paper discusses our experience of using World Café within a prison setting, providing an academic external evaluation of a prison theatre project. As such, the focus of this paper is on the strengths and limitations of utilising this methodology, in the context of this project, drawing upon wider experience of using similar methods in other settings. Our prison-based study involved 12 inmates who took part in a World Café with a follow up questionnaire, following participation in a 2-week theatre arts project. The conversational approach to World Café enabled us to collect qualitative data and build consensus, whilst allowing individual perspective to be shared and valued in a group context. Our prison participants reported the World Café method was an enjoyable mechanism to enable reflection upon their experiences. [ABSTRACT FROM AUTHOR]

To date, there are approximately sixty risk assessment tools deployed in the criminal justice system. These tools aim to differentiate between low-, medium-, and high-risk defendants and to increase the likelihood that only those who pose a risk to public safety or who are likely to flee are detained. Proponents of actuarial tools claim that these tools are meant to eliminate human biases and to rationalize the decision-making process by summarizing all relevant information in a more efficient way than can the human brain. Opponents of such tools fear that in the name of science, actuarial tools reinforce human biases, harm defendants' rights, and increase racial disparities in the system. The gap between the two camps has widened in the last few years. Policymakers are torn between the promise of technology to contribute to a more just system and a growing movement that calls for the abolishment of the use of actuarial risk assessment tools in general and the use of machine learning-based tools in particular. This paper examines the role that technology plays in this debate and examines whether deploying artificial intelligence ("AI") in existing risk assessment tools realizes the fears emphasized by opponents of automation or improves our criminal justice system. It focuses on the pretrial stage and examines in depth the seven most commonly used tools. Five of these tools are based on traditional regression analysis, and two have a machine-learning component. This paper concludes that classifying pretrial risk assessment tools as AI-based tools creates the impression that sophisticated robots are taking over the courts and pushing judges from their jobs, but that impression is far from reality. Despite the hype, there are more similarities than differences between tools based on traditional regression analysis and tools based on machine learning. Robots have a long way to go before they can replace judges, and this paper does not argue for replacement. The long list of policy recommendations discussed in the last chapter highlights the extensive work that needs to be done to ensure that risk assessment tools are both accurate and fair toward all members of society. These recommendations apply regardless of whether machine learning or regression analysis is used. Special attention is paid to assessing how machine learning would impact those recommendations. For example, this paper argues that carefully detailing each of the factors used in the tools and including multiple options to choose from (i.e., not just binary "yes-or-no" questions) will be useful for both regression analysis and machine learning. However, machine learning would likely lead to more personalized and meaningful scoring of criminal defendants because of the ability of machine learning techniques to "zoom in" on the unique details of each individual case. [ABSTRACT FROM AUTHOR]

Freedom of speech (FoS) is stated as an "international human right" by the United Nations (UN). The right to FoS has been incorporated in "The Universal Declaration of Human Rights" (UDHR) and ICCPR (Art. 19). Moreover, different principles of common law also protect the right to FoS, in contrast to civil law, which mainly focuses on the written laws and regulations. The main aim of this juridical approach is to determine the intersection of Common Law and the Criminal Justice System, focusing on its implications for protecting Freedom of Speech in Indonesia. For this purpose, the required data is collected from different legal documents, legislations, laws, case law, related books, and journals. This paper mainly focuses on the freedom of speech (FoS) within the context of the Constitution and other laws in Indonesia, the implications of Common Law Principles to protect FoS in Indonesia, and the challenges faced by the criminal justice system to protect FoS in Indonesia. The results obtained from this study showed that in Indonesia, the Constitution implies certain restrictions of FoS against the government of Indonesia, preventing the press and public from expressing their views. After the ratification of UDHR and ICCPR, still, no transparency has been promoted within the context of FoS in the constitution. Therefore, the implementation of different common law principles such as the right to information has been observed within the context of FoS in the Constitution. However, different challenges are also faced by the government in promoting the right to FoS such as a lack of law enforcement agencies. Thus, it is recommended that international human rights standards should be maintained in reforming the legal framework of Indonesia to promote the right to FoS. [ABSTRACT FROM AUTHOR]

Storage capacity, transmission of huge amounts of data from one part of the World to another within seconds has created solid technological ground for usage it in the conservative area our social life such as the criminal proceedings. The author of this research aim is to present his vision and vectors based on his practical experience on usage the achievements of the Fourth Industrial Revolution for an electronic criminal case management system in the criminal justice area, namely at the criminal proceedings. The above mentioned issue trend points out the main objective of this paper: To describe main elements of e-case management system's architecture. Research type: fixed research. [ABSTRACT FROM AUTHOR]

• Data from criminal justice records has been sourced from all points in the criminal justice process. • Criminal justice records can facilitate SNA on criminals and criminal groups. • Criminal justice records suffer from challenges and limitations. • We articulate the challenges and provide recommendations about the use of criminal justice records to undertake SNA. The use of social network analysis to study groups of offenders engaged in illicit activities such as drug trafficking and terrorism has grown in popularity over the last three decades. Along with such growth, however, researchers have been confronted with a suite of challenges related to the use of data extracted from criminal justice records. In this paper, we review these challenges through a discussion of the extant empirical literature utilizing social network analysis approaches that draw data from the criminal justice system. First, we outline and discuss the different types of data used across this literature. Second, we chronicle the challenges that have emerged across the field of criminal networks via a comprehensive review of the literature. In particular, we draw on the documented experiences of researchers in the field, including our own, and detail "archeological" approaches that future researchers can utilize to adapt and overcome said challenges. The use of criminal justice records can suffer from a number of limitations, mainly with respect to accuracy, validity and reliability. Such data may include errors, both intentional (e.g. aliases, false information) and unintentional (e.g. transcription errors), including missing data. The use of criminal justice records present particular problems with defining the network boundary as the boundary as determined by law enforcement or prosecution agencies may not correspond to the boundary as defined by network members. We conclude by offering a number of recommendations for researchers about data collection and preparation when utilizing criminal justice records. [ABSTRACT FROM AUTHOR]

Germany has become a poster child for universal jurisdiction cases. German domestic courts made international headlines for dealing with state-sponsored torture in Syria as well as slavery and genocide committed by the so-called Islamic State. In February 2021, in the first trial worldwide concerned with atrocities committed by the Assad regime, the Koblenz Higher Regional Court sentenced Eyad A. to four and a half years in prison for aiding and abetting crimes against humanity. In January 2022, the court sentenced his co-defendant, Anwar R., as an accomplice to crimes against humanity to life in prison. With these landmark judgments, Germany is at the forefront of a broader turn towards the more robust domestic enforcement of International Criminal Law (ICL) through universal jurisdiction trials. In this paper, we examine the two judgments and the trial preceding them. We ask whether Germany lives up to its poster child image and where the proceedings failed the expectations. Beyond questions concerning the domestic legal order, we discuss the trial's implications for ICL more broadly and draw lessons from it for future universal jurisdiction trials. [ABSTRACT FROM AUTHOR]