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This study analyses intersectional perspective in relation to criminal legal justice in Pakistani society - a South Asian country with more than 220 million population. By drawing on insights from the women inmates and a criminal lawyer through qualitative interviews, the study probed the encounters of these women with criminal legal system and society. These women were incarcerated in drug-related offenses, murder, injury, and sex work. The study has found that social status identity (e.g., education and income), religious and gender identity of the women inmates experience the negative stereotyping, inadequate legal support, and discrimination in men's dominated criminal justice system of Pakistan. The religious identity of the women inmates further overlaps in the legal system which can increase their vulnerability for discrimination in the criminal law that specifically deals with drug-related offenses. In relation to gender, women prisoners who are young and mothers with children allegedly incarcerated in murder were more vulnerable to patriarchal biasness and barriers of reintegration into family and community. The study has suggested skill-based education, establishment of free legal and reintegration service and oversight of police officials who register criminal cases against women offenders to prevent their religious and gender-based biasness while registering such cases. [ABSTRACT FROM AUTHOR]

The criminal justice system in Indonesia faces various challenges, including legal inefficiency, high recidivism rates, and inadequate victim protection. The punishment-oriented system often neglects the need for victim recovery and social recovery. This study aims to develop an ideal model for implementing restorative justice within the Indonesian legal framework by considering the principles of customary law that have long been practiced in society. This study uses a normative legal approach by analyzing legislation, literature studies, and comparative assessments of restorative justice practices in various countries. Primary and secondary legal materials are used to explore the application of restorative justice at the police, prosecution, and court levels. The findings reveal several barriers to implementing restorative justice in Indonesia, such as regulatory misalignment across law enforcement agencies, limited human resource training, and lack of public awareness. However, the study highlights significant potential for adopting the restorative justice model through integrating local values, law enforcement training, and a comprehensive regulatory framework. The implications of this study emphasize the need for more inclusive policy reforms, strengthening collaboration between legal institutions, and public education to increase the acceptance of restorative justice as an alternative method of resolving criminal cases. Proper implementation is expected to create a more just, more humane, and socially restorative legal system. [ABSTRACT FROM AUTHOR]

The document discusses Supreme Court decisions, such as Brady v. Maryland, which established prosecutors' duty to disclose exculpatory evidence, known as Brady material, for fair trials. It highlights challenges in accessing potentially withheld Brady material in federal post-conviction proceedings due to FOIA exemptions. The document argues that the FOIA's exemptions could hinder defendants' rights to a fair trial by allowing the withholding of critical evidence, emphasizing the need for judicial review and amendments to align with constitutional requirements. It also addresses the importance of transparency in the criminal justice system and holding prosecutors accountable for violations. [Extracted from the article]

True crime podcasts invite their listeners to crowdsource investigations online, solving cases that have fallen through the cracks of the criminal justice system. Through a cultural criminologist lens, this digital ethnography examines The Vanished podcast as a case study of how true crime listeners engage with solving cases in digital community spaces. Previous studies have dismissed true crime fans as pseudo police acting as digital vigilantes. Podcasting communities provide an important public service, working as participatory journalists to investigate the story and report the truth. Rather than depending on law enforcement permission to organize, online crime-investigation communities leverage the Internet's function as an organizing agent for mobilization beyond the parameters of conventional social structures and formal government agencies. Findings reveal a six-step process of case collaboration between podcast producers, active listeners, and family and friends of missing persons. Other communities can apply this unique system to successfully investigate crime, suggesting implications for individuals within marginalized groups less likely to find justice through the formal legal system. [ABSTRACT FROM AUTHOR]

Early termination was introduced in criminal procedural reforms in Latin America and other regions to speed up times, decongest courts, and improve efficiency. It emerged from Anglo-Saxon plea bargaining, which had pragmatically proven its usefulness. A systematic review of 20 articles was applied between 2013-2023 on the effectiveness of early termination in improving the efficiency of criminal proceedings in Europe, America, and Australia. It was found that there is no clarity on whether early termination fulfills the purpose of making criminal justice systems more efficient. Some studies see positive aspects such as reduced deadlines in simple cases and more agile processes in specific stages. Others are skeptical about persistent problems in complex cases, negative side effects on rights, and doubts about the quality and fairness of agreements. Controversies were seen between positions for and against regarding this procedural tool's potential benefits and limitations. Consequently, it is concluded that there is not enough evidence to validate that early termination efficiently meets the expectations that motivated its adoption. It is necessary to rigorously recapitulate its real scope before expanding these procedural modalities whose effectiveness is not empirically proven in most criminal justice systems. [ABSTRACT FROM AUTHOR]

In "The Proof" by Frederick Schauer, the author delves into the nature of evidence, emphasizing its probabilistic essence and the varying degrees of evidence. Schauer explores how evidence is used in different contexts, including law, public policy, and everyday life, shedding light on the importance of probabilities in evaluating evidence. The book also addresses the significance of evidence in criminal law, particularly in cases involving forensic evidence and contested confessions. Schauer's insights challenge traditional views on evidence and offer valuable perspectives on how evidence should be assessed and utilized in different scenarios. [Extracted from the article]

Copyright of Bylye Gody is the property of Cherkas Global 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.)

The Indonesian criminal justice system faces critical issues with the repeated designation of individuals as suspects, which compromises legal certainty and the protection of human rights. This study provides a critical analysis of the procedural and ethical consequences of repeated suspect designations within the framework of Indonesia's Criminal Procedure Code. This study employs a doctrinal legal research methodology, incorporating statute, case and conceptual approaches. The results show that pretrial judges assess the validity of suspect designations based on procedural and formal principles. Their authority is confined to reviewing formal aspects. These limitations underscore that pretrial proceedings focus solely on administrative and procedural compliance rather than the substantive merits of the case. This formalist perspective follows civil procedural principles, emphasizing procedural correctness over material truth. While pretrial judges can annul a suspect designation, investigators can re-designate the person as a suspect if new evidence is presented. Such a reform would ensure a more balanced relationship between judicial oversight and investigative authority, minimizing arbitrary practices and enhancing procedural fairness. However, the recurring practice of re-designating suspects raises a significant flaw in the system, undermining legal certainty and eroding public trust. [ABSTRACT FROM AUTHOR]

This article focuses on the analysis of problematic aspects of the system of internal control and judicial review over the protection of human rights and freedoms in the context of covert obtaining of information for the needs of criminal justice. Focusing on control measures and striking a balance between justice and human rights, the article dwells upon the effectiveness of supervision mechanisms and the factors affecting their efficiency. Analysis of legislation and case law of various European countries is therefore carried out to assess the effectiveness of control measures. Various factors that determine the effectiveness of control measures are examined. In addition, ways of solving these issues in the legislation of European countries and other jurisdictions are considered. As a result, the main problems and obstacles in ensuring the rights and freedoms of citizens while secretly obtaining information for criminal justice are identified. Furthermore, the effectiveness of mechanisms of internal control and judicial review in criminal proceedings is evaluated. Finally, a course of actions is suggested to maintain the balance of interests between criminal justice and human rights and freedoms. [ABSTRACT FROM AUTHOR]

The article discusses the importance of independence in expert witnesses, using two case studies to illustrate how compromised independence can lead to serious miscarriages of justice. It emphasizes the need for experts to provide unbiased opinions based on facts and scientific principles, without being influenced by the party retaining them. The article also highlights the role of lawyers in ensuring that expert reports meet legal requirements without compromising the expert's independence. Ultimately, the article underscores the critical role of independence in upholding the credibility of both individual experts and the field of science as a whole. [Extracted from the article]

It is indicated that the process of modernization of the system of criminal justice bodies is underway in Ukraine, the purpose of which is to improve the system of public administration and improve mechanisms for protecting the rights and freedoms of citizens. In particular, the concept of criminal justice reform of Ukraine, approved by the Decree of the President of Ukraine dated 04/08/2008 No. 311/2008, was implemented in the aspect of updating criminal, criminal procedural and administrative tort legislation. As part of the humanization of criminal legislation, the following steps have been taken: felony crimes have been reclassified as criminal misdemeanors, the procedure for bringing to justice persons who have committed criminal misdemeanors has been simplified, and the work of criminal justice bodies has been optimized in the detection, investigation, and trial of cases. The scientific publication examines topical issues of the place and role of the investigator in criminal proceedings, including through a comparison of the procedural status of the investigator and the investigator. Taking into account the powers of the inquirer, defined by the law that introduces this institute, the burden on the specified subject of criminal proceedings is examined in comparison with the investigator on the example of a specific region, with statistical data on registered, completed and sent to court criminal proceedings. The norms of the current criminal procedural legislation are analyzed, which determine the authority of the inquirer in the process of carrying out a pre-trial investigation of criminal misdemeanors. The legal status of the inquirer as a subject of registration in the Unified Register of Pretrial Investigations is outlined, the imperfection of the introduced norms is noted due to the limitation of the procedural powers of the head of the inquiry in comparison with the head of the investigative unit, and the negative procedural consequences ar e indicated due to some legislative gaps that require amendments to the current Criminal Code of the procedural code of Ukraine. Based on the results of the research, conclusions and proposals regarding the improvement of national legislation were formulated, and the prospect of further research on this t opic was determined. [ABSTRACT FROM AUTHOR]

Criminal law is typically understood as the exclusive province of the government. Conventional wisdom holds that crime harms the public rather than any individual. Crimes are prosecuted by government officials, who have a monopoly on charging and settling criminal disputes. Criminal infractions lead to punishment imposed by the state. Crime, in short, is the government's domain, and criminal law is a form of public law. This theory of the field runs deep and animates a wide range of ideological arguments, from progressive opposition to private prisons to conservative efforts to expand presidential power. This Article questions and aims to clarify the claim that criminal law is distinctively public. It does so by examining the long, odd history of private prosecution. The idea that the state has a monopoly on criminal prosecution took root in the late nineteenth century, after the birth of police and prisons. Government control of the criminal docket was the central piece of a broader effort to entrench public policing and justify prison as a form of punishment. Yet private prosecution persisted in various forms after its supposed demise. Shortly after the state takeover of prosecution, governments began to outsource their criminal dockets to firms, giving birth to a contractual, privatized model of criminal law. And in the lowest rungs of the criminal justice system, where most criminal law unfolds, private parties retained the power to file and litigate criminal cases. The government's control of criminal law is thus more tenuous than doctrine and theory would lead one to believe. The state monopoly on prosecution is an ideology, not a rule. This observation upends settled narratives about the development of American criminal law. The history of private prosecution also suggests some tantalizing possibilities for reform, from alternative enforcement regimes to remedies other than imprisonment. By exploring a rarely studied phenomenon, this Article asks whether the country's unbroken record of outsourcing criminal power could be leveraged to reimagine a failed justice system. [ABSTRACT FROM AUTHOR]

The study examines the legal uncertainties surrounding the time limits for determining suspect status within Indonesia's criminal justice system. The lack of clarity in the Criminal Procedure Code (KUHAP) regarding these time limits poses significant challenges to the human rights of suspects, particularly the constitutional guarantee of legal certainty. Without clearly defined timeframes for determining suspect status, investigations can extend indefinite period, leaving suspects uncertain whether their cases will proceed to prosecution or be dismissed. This situation subjects them to prolonged psychological, social, and economic strain and increases the risk of potential abuse of authority by investigators. Additionally, the study highlights the difficulties in establishing legal certainty concerning the time limits for suspect status and evaluates the necessary reforms to the Criminal Procedure Code to ensure fairness and safeguard the rights of suspects. One proposed solution is to implement a definitive time limit for the investigation process and the determination of suspect status, alongside strengthening internal and external monitoring mechanisms to mitigate the risk of authority misuse. [ABSTRACT FROM AUTHOR]

Copyright of Studia Iuridica Lublinensia is the property of Maria Curie-Sklodowska University in Lublin 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 article explores an effect of distrust of the police – unwillingness to rely on them for security and justice – on policing dynamics in contemporary Nigeria using a qualitative research design. It argues that policing according to formal prescriptions such as the Criminal Procedure Act is virtually impossible in contemporary Nigeria because of this pervasive public distrust. At the same time, police officers resort to informal processes that further undermine public trust in the criminal justice system and create a self-defeating cycle that allows many to justify support for or active participation in illegal forms of crime control, including lynching by mobs and extra-legal killing by security forces. This proposition is significant for policing studies in two ways. Firstly, it suggests a trust threshold that, when breached, leads to policing collapse. Despite widespread distrust, many police forces maintain order. Secondly, it reveals how distrust perpetuates itself, even amid attempts at reform in various countries. [ABSTRACT FROM AUTHOR]

The use of investigative genetic genealogy ("IGG") as a basis for arresting suspects in complex and dormant investigations is raising serious concerns about whether the due process rights of criminal defendants in these cases are being violated. This Note provides a comprehensive look at the role of this groundbreaking, yet little-understood technology in criminal prosecutions. Technological advances have historically necessitated that courts expand and reinterpret legal principles. As a novel derivative of traditional DNA testing, this Note argues IGG should similarly require that discovery statutes be amended or rewritten to adapt to this cutting-edge technique, which is so new that it lacks uniform standards and certifications. By comparing IGG to traditional DNA profiling and other forensic evidence, this Note reveals the reliability and privacy issues arising from such an unconventional application of established scientific practices. While DNA evidence is now considered the "gold standard" and has attained an "aura of infallibility" in the criminal justice system, highly regarded scientific techniques have later been discredited, resulting in numerous wrongful convictions. There are early warning signs with respect to IGG, which have already led to false identifications, underscoring the need to subject it to the scrutiny of the discovery process. It is crucial to strike a reasonable balance that protects privacy interests but enables defendants to mount a vigorous defense by requiring the disclosure of material to challenge the admissibility of IGG, effectively cross-examine witnesses, and collect potentially exculpatory information. This Note delineates the specific language and scope of potential amendments or reinterpretation of discovery statutes needed to prevent prosecutors from having an unfair advantage and ensure that suspects obtain fair trials. [ABSTRACT FROM AUTHOR]

Background: In recent years, there has been growing interest in the evaluation of autism spectrum disorder (ASD) and autistic traits in prison populations and offenders. Due to misleading headlines and highly publicized criminal cases, the belief that autistic individuals are more prone to commit crimes has spread among the general population, also leading to increasing research on this matter. Aims: In this context, this narrative review aimed to analyze the available scientific literature on the bi-directional link between ASD and criminal behaviors and to assess the key characteristics of eventual ASD offenders, including sociodemographic data, comorbidities, crime-related features, and interactions with the criminal justice system. Results: Our review highlighted that the available studies lack methodological rigor and present controversial results. Overall, the current state of research does not support any definitive correlation between ASD or autistic traits and the predisposition to engage in criminal conduct. Further studies are needed to confirm or reject this hypothesis. [ABSTRACT FROM AUTHOR]

There is an unnamed crisis of aesthetic immediacy afoot in the American criminal justice system. Defendants are seen too quickly. Or rather, they are recognized too quickly. They are recognized spatially, at the defense table, surrounded by lawyers and court marshals, playing the protagonists in the court performance. For most observers, this staging and its familiarity bring about a series of untold assumptions—assumptions that, when viewed nakedly, erode the presumption of innocence. While implicit biases and prejudices similarly short-circuit judicial proceedings—procedure and proceduralism itself—nefariously permit implicit narratives to outpace evidence. Tools to interrupt the aesthetics of transgression and its aftermath will serve judicial accuracy without substantial efficiency tradeoffs. While the bifurcation of the guilt and sentencing in American courts laudably partitions the culpability inquiry from the question of deserved punishment—the former, the question of wrongdoing, can never be truly divorced from history, neither personal nor social. Nor should it be. The Anglo-American insistence on a socially ahistorical criminal trial comes at a high cost: real and textured history—the foreground, leadup, and intimate histories of what occurred is kept out, while the more depersonalized histories that undergird daily life, narrative tropes, and mythologies of crime are permitted to play an outsized role. There is no place, as it stands, for simultaneity in truth or a multiplicity of character. This article thinks of ways to render collective transgression and the complexity of truth legally cognizable and to afford individual defendants full subject status as, I argue, the Sixth Amendment demands. It turns to a source famed for disrupting perception and the study of how and why perception is to be unsettled: Russian Formalism. [ABSTRACT FROM AUTHOR]

Background: There are significant concerns regarding the relationship between mental health and criminal culpability since impulse control problems have long been linked to the genesis of criminal behavior. In trying to clarify the complex legal ramifications that result from this link, this study explores the close link between diseases that inhibit impulse control and their possible role in criminal behavior in patients coming to emergency department. Aim: This research aims to explore how impulse control disorders contribute to criminal actions, emphasizing significant correlations and calling for transformative changes in the emergency help for psychiatric patients and in criminal justice system. Methodology: This study utilized Bullion Words for a literature review, identifying 24,400 hits, and narrowing down to 24 papers after rigorous selection. The systematic review explores the interplay between impulse control disorders and criminal actions, emphasizing legal implications. Ethical considerations ensure confidentiality. The study concludes with key findings, relationship insights, legal discussions, and future research suggestions. Result: This systematic review reveals a nuanced understanding of how impulse control disorders contribute to criminal actions. Identifying specific disorders like kleptomania and intermittent explosive disorder emphasizes the complex interplay of genetic, environmental, and psychological factors. The legal implications highlight the need for a paradigm shift in the criminal justice system, advocating tailored interventions and rehabilitation strategies, and offering a novel perspective for future legal frameworks. Conclusion: This systematic review provides a comprehensive overview of the complex interconnection between impulse control disorders and criminal actions. The findings underscore the importance of recognizing these disorders in legal contexts and advocate for a nuanced approach to sentencing and treatment. Future research should focus on refining diagnostic criteria, exploring intervention strategies, and elucidating the long-term impact of impulse control disorders on legal outcomes. Overall, this review contributes to a more informed understanding of the legal implications surrounding impulse control disorders and criminal actions. [ABSTRACT FROM AUTHOR]

To what extent are accused's backgrounds within the criminal justice system considered during the sentencing process, and if they are, how do judges make sense of them? To better understand this aspect of the sentencing process, this article examines data from interviews with, and observations of, 16 Sheriffs in 14 different Scottish Sheriff Courts. The accused persons' backgrounds were indeed considered during the sentencing process. However, how Sheriffs constructed their role as sentencers seemed to directly affect how they acknowledged and took them into account. [ABSTRACT FROM AUTHOR]

Copyright of Jurnal Ilmu Hukum, Humaniora dan Politik (JIHHP) is the property of Dinasti Publisher 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 Jurnal Ilmu Hukum, Humaniora dan Politik (JIHHP) is the property of Dinasti Publisher 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 Jurnal Ilmu Hukum, Humaniora dan Politik (JIHHP) is the property of Dinasti Publisher 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 nearly all criminal justice systems, a defendant's severe mental disorder can trigger special rules that excuse or exempt the defendant. Swedish criminal law adopts an alternative approach that considers all defendants to be equal in terms of accountability, or capacity for responsibility, and lacks any rules that excuse or exempt a defendant with a severe mental disorder or disability. This paper presents the first comprehensive study of how Swedish criminal law functions without an insanity defence. The analysis focuses on the legal assessment of mens rea and offers observations regarding the Swedish model that are of particular relevance for discussions concerning the potential and pitfalls of an "integrated" model for criminal responsibility. [ABSTRACT FROM AUTHOR]

Copyright of Revista Opinião Jurídica is the property of Revista Opiniao Juridica 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 Direito e Práxis is the property of Editora da Universidade do Estado do Rio de Janeiro (EdUERJ) 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.)

Legal protection of witnesses and victims in criminal cases is an important aspect of the Indonesian criminal justice system. This is due to the crucial role of witnesses and victims in assisting law enforcement and achieving justice for victims. However, legal protection for witnesses and victims in Indonesia still has weaknesses, with many cases remaining undisclosed due to a lack of adequate evidence. This study aims to analyze normative ideas regarding legal protection for witnesses and victims in criminal cases. The research method used is the normative juridical method. The data collection technique in this study involves a literature study. The data analysis used in normative law research is qualitative analysis. The results of the study show that normative ideas are needed to strengthen legal protection for witnesses and victims in criminal cases. These ideas include strengthening the legal foundation through expanding the scope of protection, strengthening protection institutions, increasing public awareness, reforming the criminal justice system that focuses on developing a victim-centered justice system, and the use of technology in legal protection for witnesses and victims. Through the strengthening of legal protection, it is hoped that witnesses can give important testimony without fear, which ultimately supports the creation of a fair legal system and provides effective legal protection for all Indonesian citizens. [ABSTRACT FROM AUTHOR]

The purpose of this study is to analyze: first, the study of Attorney General Regulation No. 15 of 2020 concerning the termination of prosecution based on restorative justice in the perspective of the criminal justice system in Indonesia. Second, the mechanism for terminating prosecution based on restorative justice based on Attorney General Regulation No. 15 of 2020 has fulfilled the requirements and objectives. This legal research uses a normative juridical approach method. The results of the study concluded that there is a contradiction between the position of Perja No. 15 of 2020 and the justice system in Indonesia. First, it shows that the findings in article 2 of Perja no 15 of 2020 "termination of prosecution based on restorative justice is carried out based on the principles of justice, public interest, proportionality, punishment as a last resort; and fast, simple, and low cost", Second, the mechanism for implementing restorative justice in embezzlement criminal cases consists of a) peace efforts. namely the peace process is carried out voluntarily, by deliberation for consensus, without pressure, coercion, and intimidation b) in the peace process, there are two possible mechanisms, namely rejection or success. The implementation of the peace agreement is divided into two ways, namely: 1) done by returning compensation 2) done by doing something. [ABSTRACT FROM AUTHOR]

Criminal mediation is viewed as a promising alternative to traditional judicial procedures for resolving criminal disputes, offering a novel approach to alleviating burdens on the judicial system. This study examines the integration of mediation into Emirati criminal legislation, focusing on its potential to improve dispute resolution outcomes and reduce judicial workload. The UAE law has incorporated criminal mediation in the new amendment to the criminal procedures law by Federal Decree-Law No. 38 of 2022. This research aims to elucidate the provisions of criminal mediation and how it is organized within the UAE legal system. Employing an analytical descriptive methodology, the study explores the legal frameworks and procedural nuances of criminal mediation. It demonstrates how it can significantly mitigate the adverse effects on affected parties and decrease the recurrence of criminal behavior. The study recommends establishing a specialized training program for legal mediators, designed to equip them with the necessary skills to effectively handle diverse criminal cases, ensuring that mediation processes are conducted with the highest standards of justice and efficiency. Implementing such training programs would enhance the professionalism of criminal mediation and increase its success rates, contributing to a more effective and humane criminal justice system. [ABSTRACT FROM AUTHOR]

AbstractSurvivors of sexual violence often experience short-and long-term mental and physical health conditions due to the victimization. Rape Crisis Centers are community-based advocacy organizations that provide free supportive services to survivors of sexual assault, such as 24-hour crisis hotlines, medical advocacy, individual and group therapeutic services, and victim advocacy services for those with cases within the criminal justice system. However, the efficacy of these services in assisting survivors is not well known, often due to researchers’ lack of access to clients. In this paper, we investigate the experiences of survivors directly from the survivors receiving psychotherapy services from a Rape Crisis Center in an urban jurisdiction in the Midwestern United States. We qualitatively interviewed nine survivors who attended individual and/or group therapy. In-depth analysis showed that four themes emerged regarding their experiences. Two themes pertain to positive outcomes—emotional processing and group therapy dynamics. One theme concerns obstacles. The final theme relates to suggestions for service improvement. The discussion includes summaries of the reflective findings and recommendations for future practice. This research contributes to informing and improving practices and policies to better serve survivors of sexual assault. [ABSTRACT FROM AUTHOR]

The book "Restorative Justice. Healing, Transformation, Justice, and Social Peace" by Otmar Hagemann deals with the topic of conflict mediation in criminal cases. The author has been researching and teaching various sociological, criminological, and victimological issues for over three decades. The book provides a comprehensive overview of the subject and includes theoretical derivations as well as application areas of restorative justice. It also addresses questions of victimization, abuse of power, empathy, female criminality, and discrimination in the criminal justice system. The third part of the book is dedicated to conferencing procedures in practice. The text describes various contributions and arguments on the topic of restorative justice. Practical application examples and dialogue procedures are outlined. The focus is on the application of restorative justice in the criminal justice system, both before and after a conviction. Various programs and pilot projects are presented that demonstrate the success of the measures. Additionally, the idea of "restorative prisons" is discussed, and the perspective of abolitionism is taken. Overall, the text is aimed at people who are interested in a world of diversity, humanity, justice, and social peace. [Extracted from the article]

The purpose of our study is to research the criminal justice system's evolution, history, and reform in medieval Mongolia. Studying the evolution, history, and reform of the criminal justice system in medieval Asian countries is a fascinating and important endeavor. Additionally, a historical and legal analysis will be conducted, focusing on the era's innovative approaches to investigation and victim rights thinking. Understanding the history of investigative services is closely tied to the development of legal regulations for handling criminal cases. [ABSTRACT FROM AUTHOR]

The objective of the present article is to examine the manner in which the Italian criminal justice system protects the nemo tenetur se detegere principle in the digital era, with a view to providing an insight into this approach for an international audience. In doing so, the article will also consider the experience of other legal systems and the jurisprudence of the courts. In Italy, the nemo tenetur is a right that has its origins in the constitutional protection of the right of defense and the presumption of innocence. There is considerable debate surrounding the extent to which the right should be safeguarded. While the majority of scholarship advocates for the broadest possible extension of the right, this view is not universally accepted: the Cassation court has recently adopted a more lenient approach to the protection of the privilege against self-incrimination, which may permit the use of the suspect's refusal to cooperate as grounds for adverse consequences. The issue arises in instances where law enforcement officials require evidence stored on a laptop or mobile phone that cannot be retrieved without a password, or without the potential for irreparable data loss. Questions arise. Does the obligation to disclose one’s password constitute a form of self-incrimination or a violation of the right to remain silent? Would granting police the power to compel passwords cross a line centuries old against forcing a person to speak to build the case against them? What are the differences between traditional passwords and biometrical authentication, and what difference does this make for the privilege against self-incrimination? [ABSTRACT FROM AUTHOR]

The Special Tribunal for Lebanon ('STL') Trial Judgment in the Ayyash case contained some important comments that emphasised a decoupling of two sets of objectives in international criminal justice: individual criminal accountability and collective truth-telling. This article applauds these important comments as a welcome development in international criminal law. This article seeks to contextualise these important comments in the STL Trial Judgment within decades of international criminal jurisprudence regarding the place of historical truth-telling as a function of international criminal proceedings. This article will examine how international criminal justice evolved to promote the idea that truthtelling is one of the main objectives of international criminal trials. The article will then examine international criminal jurisprudence regarding balancing the objectives of truth-telling and individualised criminal accountability in international criminal proceedings and how these objectives have evolved over time. The article will also critically evaluate the normative claim regarding the lofty promises of truth-telling as an important tool for the realisation of peace and reconciliation in the context of international criminal proceedings. Against this background, the article will examine the noteworthy comments of the STL that decisively decouple the objectives of truth-telling from individualised criminal accountability in international criminal law. This article argues that while international criminal courts can certainly contribute to a range of transitional justice processes, international criminal justice alone cannot be regarded as the panacea, and the primary focus of an international court or tribunal must be the administration of individual criminal accountability. [ABSTRACT FROM AUTHOR]

The text discusses the United States v. Santiago case, where the Army Court of Criminal Appeals applied the forfeiture by wrongdoing exception to a situation where the defendant allegedly threatened his wife to prevent her from providing a statement against him. The court emphasized the relevance of prior incidents of abuse in determining the defendant's intent. Various court cases on domestic violence and the admissibility of victim statements under the forfeiture by wrongdoing doctrine are also discussed, with the Georgia Supreme Court consistently admitting victim statements under the residual exception in such cases. This review suggests that victim statements are often admissible under hearsay rules, and the Georgia approach may be a model for handling domestic violence cases. [Extracted from the article]

William Ortman's article "CRAWFORD AND CRIMINAL JUSTICE" delves into the impact of the Crawford v. Washington case on criminal justice, highlighting the trial right it articulated for defendants. The essay suggests that while the real-world effects of Crawford may be limited, it could serve as a catalyst for meaningful changes in the criminal justice system. By rejecting the jurisprudence of "close enough" and emphasizing the importance of confrontation rights and cross-examination, Crawford has the potential to inspire a justice-oriented adjudicative system. Overall, the article reflects on Crawford's legacy as a driving force for envisioning a criminal justice system focused on justice rather than expediency. [Extracted from the article]

The article delves into the implications of the Crawford v. Washington case on the Confrontation Clause in criminal trials, particularly concerning hearsay statements and forensic reports. It raises important questions about the testimonial nature of forensic reports, the necessity of supporting witnesses, and the challenges of confronting analysts in legal proceedings. The text also explores the complexities of applying the Confrontation Clause to emerging technologies like algorithms and artificial intelligence, highlighting concerns about the potential erosion of the right to confrontation in such cases. Ultimately, the article suggests that the Supreme Court may need to provide further guidance on these issues to uphold the fundamental principles of the Confrontation Clause. [Extracted from the article]

The fundamental principles of the due process in criminal matters compel the prosecution to ensure that an effective official investigation is carried out, which can identify criminal offences, ensuring that the perpetrators are held accountable. At the same time, the impartial administration of criminal justice requires the existence of a single trial, with due respect for the rights of the defender, in which the substantive truth is definitively established. It must be possible to review a court's decision exclusively by means of appeals, regulated by clear and precise rules, so as to establish a specific point in time when the final judgment that settles a criminal trial becomes final, after which the judge's ruling cannot be overturned. Res judicata is the power or force given by law to a final judgment to be enforced and to prevent a new prosecution for the same offence. This doctrine is based on two fundamental rules: a person can only be tried once for a criminal offence; the basis for the judgment is presumed to express the truth and must not be contradicted by another judgment. What legitimates res judicata is not so much the finality of the judgment as the truth which must underlie it, the truth which constitutes the basis, the rationale and the social and moral foundation of this effect of the judgment. This study is an analysis of res judicata, in terms of the content of the doctrine, its legal dimension, as well as the way in which it ensures the guarantee of a fair trial in order to establish the judicial truth. The article also examines the relationship between res judicata, res judicata and the non bis in idem principle. The way in which these three principles operate in the course of criminal proceedings helps to ascertain the particular effects of decisions not to refer to trial, decisions of the committing judge of the pre-trial chamber. At the same time, the study also takes into account the effects of the Constitutional Court Decision no. 102/2021 on the res judicata authority of judgments rendered by civil courts in preliminary points of law, as provided under Article 52 of the Code of Criminal Procedure. [ABSTRACT FROM AUTHOR]

The article analyzes the links between risk factors and colonial oppression within dangerous offender proceedings and state accountability for colonial oppression. Topics discussed include possibilities and challenges in addressing colonial oppression in sentencing, risk assessment and management in the Canadian criminal justice system, and state accountability for potential cross-cultural bias in risk assessment tools and for lack of access to programs in prison.

Taking as its starting point Miri Gur-Arye's critical discussion of a legal duty to report crime, this paper sketches an idealising conception of a democratic republic whose citizens could be expected to recognise a civic responsibility to report crime, in order to assist the enterprise of a criminal law that is their common law. After explaining why they should recognise such a responsibility, what its scope should be, and how it should be exercised, and noting that that civic responsibility must include a responsibility to report one's own crimes; it discusses whether that civic responsibility could ground at least a limited legal duty to report certain types of crime. It then turns to the question of whether a civic responsibility to assist the criminal law's enterprise of bringing wrongdoers to account could include a responsibility to arrest suspected or known offenders if the police cannot or will not do so—a responsibility to make a citizen's arrest, and the legal power to discharge that responsibility: how far should citizens feel entitled, or duty-bound, thus to 'take the law into their own hands'? [ABSTRACT FROM AUTHOR]

In articles published ten years apart in 2011 and 2021, Gur-Arye argues that when considering an agent's explanation for doing something that looks, prima facie, like a criminal offence, we should distinguish between a plea of justification, and an assertion that one acted within one's power. The former explains an agent's reasons for having committed a pro tanto offence (i.e., actus reus + mens rea). The latter is a denial that the agent committed any pro tanto offence at all. In this piece, I build on Gur-Arye's argument, suggesting that her claim about powers can be extended to all instances in which rights are displaced. I argue that in its expanded form, the practical significance of Gur-Arye's claim goes well beyond what she identifies. It points to important and underappreciated points about the structure and classification of defensive claims in the criminal law, and helps identify errors in some arguments commonly made to support claims about disputed features of justifications. [ABSTRACT FROM AUTHOR]