Digital Commons Network^™

Developing A Legal Framework Of Personal Data Protection In The Indonesian Criminal Procedure Law, Josua Sitompul

Indonesia Law Review

Searching and seizing voluminous data is a challenge that Indonesian law enforcement authorities should resolve. Indonesia does not have a comprehensive regime on personal data protection. The absence of a coherent legal framework on personal data protection does not negate the obligation of Indonesian law enforcement authorities to protect personal data of Indonesian subjects. However, the absence of the framework may lead to uncertainties or ambiguities on how the authorities should protect personal data. Against the uncertainties and ambiguities, Indonesian law enforcement authorities should resolve issues of voluminous data in obtaining e-information with the prevailing legislation. This article attempts to …

Contextualizing Restorative Justice Through Diversion Mechanism: A Study Of Indonesia Juvenile Justice System, Faiz Rahman

Indonesia Law Review

Implementation of restorative justice in the juvenile justice system in many countries has undergone its dynamics in the past few decades, including in Indonesia. The enactment of Indonesia Juvenile Justice System Law in mid-2014, which invalidates the 1997 Juvenile Court Law, became a significant point of juvenile justice reformation in Indonesia. The new Law began to shift the retributive paradigm in the Juvenile Court Law, as the previous statutory basis for juvenile justice in Indonesia, to restorative justice paradigm. The new Law introduces the Diversion mechanism as a means to implement the restorative justice approach. This article seeks to discuss …

Limitation Of Rights As A Manifestation Of Duties And Responsibilities Pertaining To The Freedom Expression In Digital Communications, Edmon Makarim, Muhammad Ibrahim Brata, Nabilla Arsyafira

Indonesia Law Review

The freedom of expression is thriving due to the global use of the internet. The digital era has revolutionized the scope, practices, and even the definition of freedom expression. However, it also evokes a number of social concerns. Offenses such as the circulation of defamation, hate speech, misleading propaganda to the masses, and fraud, for instance, can be found in the internet. Certain limitations deriving from the conditions prescribed by the human rights principles and instruments as well as the national constitution are therefore prudent to prevent the excess of freedom. As a state that abides to the rule of …

Kamala Harris And The Complexity Of Racial Identity Politics, Vinay Harpalani

Faculty Scholarship

Vinay Harpalani reviews Kamala Harris' run as Democratic nominee for President, contrasting her challenges with Barak Obama's campaign to show how racial identity politics are complicated and constantly evolving as well as the intersectional, or multifaceted, issues Kamala faced during her candidacy.

Improving Law Enforcement’S Victim-Centric Responses To Sexual Assault: Global Best Practice Catalog, Ayesha Ashraf, Sebastián Galleguillos Agurto, Frederick Geyer, Kamela Gjoka, Jasmine Hwang, Stanley Montinat, Jessica Moor, Pierre Reyes, Tara Ventimiglia, Hongda Xu

Publications and Research

This catalog was compiled as part of a U.S. State Department Diplomacy Lab Project entitled “Improving Law Enforcement’s Victim-Centric Responses to Sexual Assault,” in fall semester of 2019, for American Citizens Services, US Embassy Bangkok. It is intended to cover best practices in law enforcement response to sexual assault across the globe, including laws, policies and programs.Ten multilingual graduate students in the capstone seminar of the Master of Arts Degree Program in International Crime and Justice at John Jay College of Criminal Justice (CUNY) established criteria for inclusion and standardized elements for each entry in this catalog. The ultimate aim …

23andeveryone: Privacy Concerns With Law Enforcement’S Use Of Genealogy Databases To Implicate Relatives In Criminal Investigations, Shanni Davidowitz

Brooklyn Law Review

The discovery of DNA typing in the 1980s transformed law enforcement’s ability to exonerate innocent suspects, while implicating those who are guilty, with “the power of a silent biological witness at the crime scene.” This transformation, coupled with the new trend of law enforcement’s use of genealogy databases, has created legal issues that police officers, prosecutors, genealogy companies, and policy makers are all currently trying to navigate. The technological advancement comes with serious ethical and privacy concerns, including fear of the establishment of a “genetic panopticon.” General concern exists that if a “genetic panopticon” comes to fruition, the government can …

The Human Right To A Fair Start In Life, Matthew Hamity Esq.

Child and Family Law Journal

No abstract provided.

Florida’S Domestic Violence Injunction: How Our Past Shapes Our Future, Bryan M. Truyol Esq.

Child and Family Law Journal

No abstract provided.

Reducing The Governance Gap For Corporate Complicity In International Crimes, Seunghyun Nam

Brooklyn Journal of International Law

With increasing reports of corporations involved in serious human rights abuses that amount to international crimes, there are greater calls for states to hold these corporations accountable. Still, many obstacles and challenges remain when it comes to holding corporations accountable. Complex corporate structures, the extraterritorial dimension of the abuses, competition among states and businesses, lack of institutional capacity on the part of states, and lack of legal coordination among states collectively create an impunity gap. The case studies of the situation in Burma and the Democratic Republic of Congo involving foreign companies aim to illustrate this governance gap. With growing …

Where Are You, Congress?: Silence Rings In Congress As Juvenile Offenders Remain In Prison For Life, Megan R. Pollastro

Brooklyn Law Review

Over the last decade, Supreme Court precedent has changed the way courts have sentenced juveniles in the United States. It has failed, however, to clearly establish the proper handling of cases in which juveniles are sentenced to extended periods of time in prison that equate to a de facto sentence of life in prison without parole. Congress has also remained noticeably silent on the issue. Children are not considered mature enough to vote, to drink alcohol, to serve on a jury, and yet, courts treat juvenile offenders as mature enough to pay for their crimes for the remainder of their …

Coming To Terms With Wartime Collaboration: Post-Conflict Processes & Legal Challenges, Shane Darcy

Brooklyn Journal of International Law

The phenomenon of collaboration during wartime is as old as war itself. During situations of armed conflict, civilians or combatants belonging to one party to the conflict frequently provide assistance to the opposing side in various ways, such as by disclosing valuable information, defecting and fighting for the enemy, engaging in propaganda, or providing administrative support to an occupying power. Such acts of collaboration have been punished harshly, with violent retribution often directed at alleged collaborators during armed conflict, while states and at times non-state actors have prosecuted and punished collaboration as treason or related offenses in times of war. …

Christianity And Bankruptcy, David A. Skeel Jr.

All Faculty Scholarship

Although the term “bankruptcy” is nowhere to be found in the Bible, debt and the consequences of default are a major theme both in the Hebrew Bible and in the New Testament. In Israel, as in the ancient Near East generally, a debtor who defaulted on his obligations was often sold into slavery or servitude. Biblical law moderated the harshness of this system by prohibiting Israelites from charging interest on loans to one another, thus diminishing the risk of default, and by requiring the release of slaves after seven years of service. Jesus alluded to the lending laws at least …

The Unwavering Movement: Integrating Reason Into British Penal Code 1730-1823, Rebecca M. Good

International ResearchScape Journal

Between the early 16^th and 18^th centuries, English attitude towards crime and correction were based on the strong held belief that faith and religion were the only cure to immorality. Lawmakers began to threaten citizens with capital punishment for menial crimes such as petty theft and begging. Resulting of a moral panic, lawmakers turned to the deterrence to dissuade citizens from partaking in criminal activity. The list of crimes punishable by death in England rose from 50 offenses in 1688 to over 220 in 1815. This article explains the origins of the Bloody Code and how Enlightenment-Era thought …

More Than Just Precedent: Perspectives On Judgment Writing, Katrina Banks-Smith

The University of Notre Dame Australia Law Review

No abstract provided.

Bioethics, Law, And The Opioid Crisis: Revisiting The Concept Of Incarceration Versus Rehabilitation, Zachary J. Krauss

Bioethics in Faith and Practice

The opioid crisis has taken America by storm and is causing more deaths each year than ever originally anticipated. Our current approach to addressing the opioid crisis involves two separate approaches, one from the medical/rehabilitation side of the problem, and one from the criminal justice side. This article serves as a revisiting of the discussion of the intricate balance that must be reached between rehabilitation and incarceration in order to adequately address the problem.

Abortion Laws In Nigeria: A Case For Reform, P. Chibueze Okorie, Olubusola Adebayo Abayomi

Annual Survey of International & Comparative Law

The available statistics indicate that over 1,000,000 abortions occur in Nigeria annually, representing about 33 abortions per 1,000 women of child bearing age. It has also been asserted that illegal abortion is responsible for about 11% of maternal death in Nigeria and 50% of such deaths involve adolescents and young women. Although, it may be difficult to confirm these reports and statistics by different researchers, mainly because of the absence of official figures owing to the clandestine nature of abortion in Nigeria, there is no doubt that abortions are generally procured by women for various reasons, namely: financial and emotional …

Assessment Of The Role Of The Nigerian Police Force In The Promotion And Protection Of Human Rights In Nigeria, Dr. Ndubuisi J. Madubuike-Ekwe, Dr. Olumide K. Obayemi

Annual Survey of International & Comparative Law

This article examines the role of the Nigerian Police Force in the promotion and protection of human rights in Nigeria. It discusses the concept of human rights under international and domestic law. It highlights the powers of the Nigerian Police Force under the Police Act and the Administration of Criminal Justice Act, 2015 and observes that although the police use discretion to support human rights, it is the abuse of the discretion and power that results in violation of human rights of citizens. This article identifies the rights most subjected to abuse by the police as the right to life, …

How Gun Control Laws Affect Homicide, Abbey Maloney

Honors Theses

Homicide is an ever-prevalent problem in the United States (U.S.). One solution that is often turned to is the implementation of stricter gun control laws. This causes much divide as many citizens are not in agreement about whether or not these laws do what they are intended to. The aim of this study was to determine whether or not gun control laws have an effect on homicide, and, if so, what this effect is. The U.S. states were evaluated in several different categories to determine how strict or lax their gun laws were. They were scored using the number of …

Spillover Effects In Police Use Of Force, Justin E. Holz, Roman G. Rivera, Bocar A. Ba

All Faculty Scholarship

We study the link between officer injuries-on-duty and the force-use of their peers using a network of officers who, through a random lottery, began the police academy together. We find that peer injuries-on-duty increase the probability of using force by 7%. The effect is concentrated in a narrow time window near the event and is not associated with significantly lower injury risk to the officer. Complaints of improper searches and failure to provide service also increase after peer injuries, suggesting that the increase in force might be driven by heightened risk aversion.

Comparing The Violent Crime Trends In Select States To The National Trends To Determine Differences Between Crimes, States, And Regions, Alexandra N. Kremer

The Downtown Review

Violent crimes include crimes such as murder, rape, robbery, and assault. The FBI in the UCR breaks these down into Type I, crimes against the person, and Type II, property crimes, offenses. The FBI also divides the country into four regions: West, South, Northeast, and Midwest. Each of these regions are examined, through the use of two states from each, here. Their overall violent crime rates and trends, and their specific Type I offensive rates and trends, are examined against the national data and against each other. Several theories are used to explain the potential causes of the differences in …

Maintaining Scholarly Integrity In The Age Of Bibliometrics, Andrew T. Hayashi, Gregory Mitchell

Journal of Legal Education

No abstract provided.

Getting Out: Bruce Bryant’S Climb To Redemption Inside Prison, Rachel M. Rippetoe, Sean Sanders-Mills

Capstones

Bruce Bryant, 50, was convicted of the murder of 11-year-old Travis Lilley in June 1996. Bryant maintains he never fired a weapon that day in 1993. But he recognizes that his lifestyle as a young person — he started dealing drugs when he was 14 — contributed to an environment in which a stray bullet could take a young life. And for that reason, he’s spent most of his 25 years in prison working to help young people.

With at least 12 more years on his sentence, Bryant is now asking the governor for early release, with the hope that …

The Road To Recovery: The Third Circuit Recognizes The Importance Of Rehabilitative Needs During Sentencing In United Staes V. Schoenwolf, Marissa A. Booth

Villanova Law Review

No abstract provided.

A Hopeful Retirement From Prison: The Third Circuit's Evolving Definition Of A "Meaningful Opportunity To Obtain Release From Prison" Offers Corrigible Juvenile Offenders A Second Chance In United States V. Grant, Mackenzie E. Brennan

Villanova Law Review

No abstract provided.

Voter, Jefferson S. Arak

Capstones

Ron Pierce, on parole in New Jersey, fights for a state bill that would re-enfranchise himself and 100,000 other New Jerseyans with criminal convictions.

Taught at a young age that voting is a duty to one's community, Ron works tirelessly to make sure that the fundamental right to vote does not leave New Jersey's neediest without a voice.

Meanwhile, state lawmakers may need to compromise their efforts to restore the right to vote in the face of political opposition.

Discipline Or Destiny: A School-To-Prison Pipeline Story, Trayonna Hendricks, Kourtney Webb

Capstones

The school-to-prison pipeline is a phenomenon by which students, mainly students of color, are pushed out of schools and into juvenile detention centers and through the criminal justice system. This documentary series explains and displays what "the school-to-prison pipeline looks like through a personal story.

https://readymag.com/u1985351703/1646028/

After 31 Years In Prison, Lee Chalk Asks For Forgiveness., Jeffery Harrell, Brenda Leon

Capstones

Lee Chalk has spent more than three decades in state prison, and is now applying for executive clemency to have his sentence ended early. He is guilty of a crime, being involved in an armed robbery turned deadly which killed two people. Our project explores the potential for transformation and rehabilitation inside prison, and the personal and political ramification of mass incarceration and extreme sentencing.

https://medium.com/p/738d1cb28532/edit

A shorter version of the capstone was also published with Gothamist here: https://gothamist.com/news/ny-prison-clemency-parole-cuomo

Finding Justice, Hannah Miller

Capstones

Finding Justice tackles the devastation caused by wrongful conviction through the journey of Jeffrey Deskovic. After serving 16 years in prison for a murder he didn’t commit, Deskovic has strived to rebuild his life. The film follows him as he finishes law school and runs a foundation that frees the wrongfully convicted, all while dealing with lingering trauma.

Ny State Marijuana Law Clears The Records Of Thousands, But Will It Help Immigrants?, Jaime Longoria, Harsha Nahata

Capstones

In July 2019, Governor Cuomo signed legislation that would clear criminal records for over 200,000 people with marijuana related convictions and reduce punishment for possession. But, there’s one group of New Yorkers who are left out — and that’s immigrants. With over 4 million immigrants in New York State, the lives of those with prior marijuana convictions are still in limbo. Harsha Nahata and Jaime Longoria spoke with immigrants and advocates to find out why. The full story can be found here: https://jaimelongoria.github.io/nys-marijuana-law/

Impact Of High Profile Police Use Of Force Incidents On Violent Crime Rates, Megan Galante

Honors Theses

This research study examined the relationship between high-profile police use of force incidents and local violent crime rates. It is important to analyze the impact that police use of force has on the respective community in regard to crime rates. This study analyzed three incidents of police use of force that have received extensive coverage in the media in order to determine if there was a change in the rates of violent crime in that city. The theory of de-policing suggests that in the aftermath of a high-profile incident of police brutality, police departments in the area change their behaviors …