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Articles 1 - 30 of 1265
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Developing A Legal Framework Of Personal Data Protection In The Indonesian Criminal Procedure Law, Josua Sitompul
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
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
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 …
Contributor Notes, Oakwood Editors
Johnson, Joshua Dolezal
23andeveryone: Privacy Concerns With Law Enforcement’S Use Of Genealogy Databases To Implicate Relatives In Criminal Investigations, Shanni Davidowitz
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.
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.
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
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
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
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. …
The Unwavering Movement: Integrating Reason Into British Penal Code 1730-1823, Rebecca M. Good
The Unwavering Movement: Integrating Reason Into British Penal Code 1730-1823, Rebecca M. Good
International ResearchScape Journal
Between the early 16th and 18th 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 …
Critical Genocide And Atrocity Prevention Studies, Andrew Woolford, Alexander Hinton
Critical Genocide And Atrocity Prevention Studies, Andrew Woolford, Alexander Hinton
Genocide Studies and Prevention: An International Journal
An introductory essay for the special issue on "Critical Approaches to Genocide and Atrocity Prevention."
Full Issue
Genocide Studies and Prevention: An International Journal
No abstract provided.
Human Rights? What A Good Idea! From Universal Jurisdiction To Crime Prevention, Daniel Feierstein
Human Rights? What A Good Idea! From Universal Jurisdiction To Crime Prevention, Daniel Feierstein
Genocide Studies and Prevention: An International Journal
Over the last decades, Genocide Studies has entered in a “comfort zone.” With fellowships and support from governments or NGOs, we have developed a very comfortable environment in which the knowledge we produce about genocide prevention is neither critical nor useful. We have become trapped by assumptions we have never checked against reality and many of us have chosen to work inside the circle of those assumptions: genocide and mass violence are horrible acts committed by horrible people; we cannot stand by and do nothing; we have the responsibility to protect civilian populations and that responsibility takes the form, as …
More Than Just Precedent: Perspectives On Judgment Writing, Katrina Banks-Smith
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, 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.
A Tribute To Elijah E. Cummings, Elizabeth Gingerich
A Tribute To Elijah E. Cummings, Elizabeth Gingerich
The Journal of Values-Based Leadership
No abstract provided.
Abortion Laws In Nigeria: A Case For Reform, P. Chibueze Okorie, Olubusola Adebayo Abayomi
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
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, …
Utilizing The College-Level Community Engagement Assessment Rubric To Identify Strengths, Weaknesses And Opportunities For Growth In Drexel University’S College Of Arts And Sciences, Cyndi R. Rickards, Jennifer Kebea, Brian Daley, Lawrence Souder
Utilizing The College-Level Community Engagement Assessment Rubric To Identify Strengths, Weaknesses And Opportunities For Growth In Drexel University’S College Of Arts And Sciences, Cyndi R. Rickards, Jennifer Kebea, Brian Daley, Lawrence Souder
eJournal of Public Affairs
The College of Arts and Sciences (CoAS), one of Drexel’s largest colleges, has intentionally aimed to grow and deepen its commitment to civic engagement across the last decade. CoAS has significantly demonstrated a commitment to community engagement by making it a funding priority and creating a leadership position to support engagement. Because of the varying levels and formats of the college’s efforts towards civic engagement, a process of assessment was needed. To channel our assessment efforts we adopted Saltmarsh and Middleton’s pilot assessment rubric. A group of seven engaged faculty from across the college and the Executive Director of the …
Comparing The Violent Crime Trends In Select States To The National Trends To Determine Differences Between Crimes, States, And Regions, Alexandra N. Kremer
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 …
Brief Literature Review On Conscientiousness And Responsivity To Cbi Programming, Ernest M. Oleksy
Brief Literature Review On Conscientiousness And Responsivity To Cbi Programming, Ernest M. Oleksy
The Downtown Review
This article reviews the literature of how individual differences (specifically trait conscientiousness) may contribute to ex-offender responsivity to reentry programming. By studying if individual differences (e.g. personality traits) contribute to specific responsivity, programming can be determined to be ineffective for the general population and redesigned in a manner that is beneficial for the largest number of clients. To that end, this literature review provides a conceptual foundation for potential future studies, based on what previous researchers have found in their own studies. With this knowledge, future researchers will be better equipped to make sense of findings once they analyze their …
Maintaining Scholarly Integrity In The Age Of Bibliometrics, Andrew T. Hayashi, Gregory Mitchell
Maintaining Scholarly Integrity In The Age Of Bibliometrics, Andrew T. Hayashi, Gregory Mitchell
Journal of Legal Education
No abstract provided.
The Road To Recovery: The Third Circuit Recognizes The Importance Of Rehabilitative Needs During Sentencing In United Staes V. Schoenwolf, Marissa A. Booth
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.
Lessons Learned From Facilitating A Pre-Service Teacher/Youth Mentoring Program, Alan English
Lessons Learned From Facilitating A Pre-Service Teacher/Youth Mentoring Program, Alan English
The Advocate
Traditional adult/youth mentoring programs have been associated with a host of positive academic, behavioral, and social/emotional youth outcomes. Little research, however, has been done on pre-service teacher/ youth mentoring programs; specifically if the benefits associated with more traditional mentoring programs translate into this context. For teacher educators, what is most promising about such mentoring programs is the potential for a mutually beneficial mentoring relationship. Pre-service teachers need experience working with youth as badly as youth need positive relationships and support. Furthermore, pre-service teachers need practicum experience throughout their coursework, at a time when some may not yet be ready to …
Post Conviction Remedies, John F. Raper
Wyoming Procedure Re Admissiblity Of Confessions, John O. Rames
Wyoming Procedure Re Admissiblity Of Confessions, John O. Rames
Wyoming Law Journal
No abstract provided.