Criminal Law Commons^™

Tracing The Roots Of A Poisonous Tree: On The Origins And Impact Of Criminal Terminology In A Civil Apprehension Scheme, Shani Mahiri King, Nicole Silvestri Hall

Articles (Current Faculty)

Language is powerful. It can affect how we think about and treat groups of people. Poor language choices have a massive impact on immigration law, an area of the law that determines how groups of perceived “outsiders” are classified and regulated. Language and bias in judicial opinions have been studied, but less research has been done on poor language choices in immigration statutes.

This Comment focuses on the harmful effects of poor language choices in immigration statutes, including the criminal terminology “arrest” and “warrant” in civil immigration apprehension statutes 8 U.S.C. Sections 1226 and 1357. Two fundamental problems arise when …

Adolescent Brain Development And Crime: Why New York State Should Increase The Age Of Criminal Culpability To Twenty-One Years Old, Julia Patz

Cardozo Journal of Equal Rights & Social Justice

The note argues that New York State should increase the age of criminal culpability from eighteen to twenty-one years old, aligning with scientific evidence on adolescent brain development. It contends that the current age threshold is arbitrary and unsupported by research, which shows that brain development, particularly in areas responsible for decision-making and impulse control, continues well into the mid-twenties. The note advocates for this policy change to improve outcomes for young offenders and reduce the harms caused by adult incarceration.

"Knock-Knock" ... "Who's There?": The Fourth Amendment Dilemma Posed By Warrantless Police Encounters At Home, Meg Penrose

Faculty Scholarship

In a world where police abuses of power seem more common, where are the judges-particularly the originalist judges-who strive to protect the Founder's intentions? How is it that people living in certain states seemingly have less robust Fourth Amendment protections than others? This essay seeks to answer these questions and urges the Supreme Court to reassert its constitutional commitment to the Fourth Amendment so that all of us are, in fact, secure in our homes. The Court should accept the responsibility it has to provide uniform protection to all Americans and clarify the limits on constructive entry. If the Court …

Perbandingan Sistem Pemilihan Untuk Indonesia Yang Majemuk (Komparasi Dengan Sistem Chile Dan Amerika Serikat), Yulvia Chandra Cipta, Rosita Indrayati, Intan Permata Putri

Jurnal Hukum & Pembangunan

General elections, including the election of president and vice president, legislative members and other regional election, are a manifestation of democracy and the basic principles of the nation in Pancasila and the 1945 Constitution of the Republic of Indonesia. Indonesia currently adheres to an open proportionality election system. As time goes by and many changes occur, the electoral system adopted by Indonesia has many shortcomings, and various problems are also faced, such as identity politics and kinship politics. Based on the many differences in electoral systems in the world, the author examines two other countries, namely Chile and the United …

Putusan Ultra Petita Penanganan Kasus Korupsi Menurut Perspektif Hakim, Y.Sri Pudyatmoko, G. Aryadi

Jurnal Hukum & Pembangunan

This research aims to obtain an overview of ultra petita decisions in corruption cases from a law enforcement perspective. The method used in this research is a normative legal research method, using a case approach. The research was conducted by analyzing the views of several judges regarding ultra petita decisions in corruption cases. The research results show that judges in handling corruption cases refer to regulations from the Supreme Court. In accordance with these guidelines, judges use comprehensive considerations in making decisions. According to the judge in the ultra petita decision against a convict in a corruption case, something like …

Urgensi Pendidikan Camat Selaku Ppat Sementara Dalam Mencapai Nilai Keadilan, Sulkifli Sulkifli, Naily Fadhilah

Jurnal Hukum & Pembangunan

The position of PPAT in its implementation does not rule out the possibility of a vacancy due to the vast territorial area of Indonesia, so that a temporary PPAT is needed, in this case the sub-district head or village head. Temporary PPAT generally has the same duties and authority as PPAT. However, in practice, in carrying out their duties and authority they often make mistakes. This is because not all sub-district heads appointed as temporary PPATs have a legal education background or knowledge about PPATs. The purpose of writing this article is to understand the process of appointing a sub-district …

Ketentuan Tpks Dalam Kuhp Baru, Leony Sondang Suryani, Ahmad Ghozi

Jurnal Hukum & Pembangunan

Isu kekerasan seksual terus berkembang sebagaimana perkembangan kejahatan terkait kekerasan seksual. Hal ini dilatarbelakangi oleh semakin maraknya kasus-kasus kekerasan seksual di Indonesia. Untuk menjawab permasalahan ini, maka dibentuklah UU TPKS sebagai solusi dari maraknya kekerasan seksual di Indonesia. Dalam UU TPKS tidak hanya berfokus pada korban perempuan dari tindak pidana kekerasan seksual, tetapi mencakup juga yang disebut kelompok rentan. Namun demikian, reformasi Hukum Pidana Indonesia mengenal adanya KUHP baru yang di dalamnya dimuat prinsip-prinsip penting dalam perumusan eperti rekodifikasi terbuka, prinsip Keseimbangan, dan prinsip lain yang relevan dalam penyusunan KUHP Indonesia. KUHP juga sudah mengadopsi nilai-nilai yang ada dalam konvensi-konvensi …

This Isn't A Reality Show: How Social Media Livestreams Of High-Profile Criminal Trials May Violate One's Right To A Fair Trial, Ryan Fenn

St. John's Law Review

(Excerpt)

Since the invention of television in 1927, the American legal system faced drastic changes. In 1935, the first trial was broadcast to the public in the case of Bruno Hauptmann. During the trial, “[e]laborate telegraph equipment” was installed in the courtroom, with “sound and motion picture equipment . . . plainly visible in the [courtroom] balcony.” From 1935 on, broadcasting technology has been utilized in the courtroom to convey the inner workings of certain courts to the public, which has stimulated debate over whether the use of this technology is conducive to a fair trial under the Sixth and …

Democratizing Tthe Eighth Amendment, Erin E. Braatz

Villanova Law Review (1956 - )

No abstract provided.

Stacking The Deck: How The Eighth Circuit's Decision In United States V. Crandall Threatens The First Step Act's Bipartisan Criminal Justice Reforms, Anthony Passela

Villanova Law Review (1956 - )

No abstract provided.

Kritik Terhadap Struktur Ilmu Hukum Menurut Paul Scholten, E. Fernando M. Manullang

Jurnal Hukum & Pembangunan

Paul Scholten, a prominent Dutch legal scholar, explains some thoughts in one of his chief article: De Structuur der recthwetenshcap. Essentially it describes some accounts on how legal relations may exist, which he thinks such relations can be both logic and illogical. Scholten even furthermore reiterates such paradigm, the dualism of logic and illogical, also underlies the scientific nature of legal science (jurisprudence). Finally, he also explores on the relations between language and jurisprudence. His all accounts leave some critical notes, as it has some internal contradictions in connection of, as what critical legal theory says, the presence of reifications …

Kekosongan Hukum Acara Dan Krisis Access To Justice Dalam Kasus-Kasus Pemberhentian Kepala Daerah/Wakil Kepala Daerah Di Indonesia, Arasy Pradana Azis

Jurnal Hukum & Pembangunan

Law Number 23 Year 2014 on Regional Government (Law No. 23/2014) provides that the Regional Head or Deputy Regional Head may be dismissed in the middle of his term by certain reasons. The law also regulates a strict process, including the involment of the Supreme Court (MA) in it. MA provides a judicial test of the opinion of the Regional House of Representatives (DPRD) as the initiator of the dismissal processl. The involvement of the Supreme Court is a consequence of the strengthening of the legitimacy of the Head of Region/Deputy Head of Region, which is now elected directly by …

Drug Ideologies Of The United States, Macy Montgomery

Helm's School of Government Conference - 2021-2024

The United States has been increasingly creating lenient drug policies. Seventeen states and Washington, the District of Columbia, legalized marijuana, and Oregon decriminalized certain drugs, including methamphetamine, heroin, and cocaine. The medical community has proven that drugs, including marijuana, have myriad adverse health side effects. This leads to two questions: Why does the United States government continue to create lenient drug policies, and what reasons do citizens give for legalizing drugs when the medical community has proven them harmful? The paper hypothesizes that the disadvantages of drug legalization outweigh its benefits because of the numerous harms it causes, such as …

Conviction On Interpretation, Advocate Adaptability, And The Future Of Emojis And Emoticons As Evidence, Samantha Lyons

Seattle Journal of Technology, Environmental, & Innovation Law

The dawning of the digital age introduced new and unique interpretive quandaries for judges and litigators alike. These quandaries include (but are not limited to) misinterpretation of pictorial slang as used in instant messaging, new or collateral meanings invented by phrases paired with specific emoticons or emojis, and the existence of emojis alone as communicative accessories.

This Note analyzes how lawyers and judges have essential free reign to treat emojis as they see fit: a prosecutor can argue, even in good faith, that the inclusion of an emoji depicting an open flame means the sender knew the heroin he sold …

Bisakah Alam Menjadi Subyek Hukum? Refleksi Atas Beberapa Pengalaman, Rian Adhivira Prabowo, Adi Seno, Fajar Ahmad Setiawan, Unu P. Herlambang, Edho R. Ermansyah, Gerry Pindonta Ginting

Jurnal Hukum & Pembangunan

This paper discusses three legal precedents regarding the legal personhood of nature in three countries; Ecuador, New Zealand, and India. Each country has recognized some natural areas as legal persons through different means. In Ecuador, the rights of nature, which resemble legal personhood of the nature, are recognized in the 2008 Amendment of Ecuador Constitution. Meanwhile, New Zealand has recognized the legal personhood of Whanganui River through legislated settlement treaty between the government and Maori peoples. Whereas in India, the rivers of Ganges and Yamuna have been recognized its legal personhood through the Uttarakhand High Court’s decisions. These three legal …

The Implementation Of Modest And Simple Principle To Mahr As A Contribution To The Indonesian Marriage Law, Nur Mohamad Kasim

Jurnal Hukum & Pembangunan

Mahr was one of the groom's provisions to the bride and regulated by the Islamic sharia. Mahr was one of the series in a marriage procession. Islam regarded mahr as the bride's private rights, so it should not be transferred to her guardian or family. Islam defined mahr as the groom's duty, and it should not be violated. The bride would fully authorize mahr. QS. An-Nisa (4) recited, “And give the women (upon marriage) their (bridal) gifts graciously.” The gift was mahr, whose amount was determined on behalf of two parties' agreement, as it should have been voluntarily given. Nevertheless, …

Tinjauan Yuridis Prompt Release Procedure Dalam Menangani Tindak Pidana Perikanan Di Zona Ekonomi Eksklusif Indonesia, Haridus Haridus, Sudardi Sudardi, Kresno Buntoro

Jurnal Hukum & Pembangunan

Article 292 UNCLOS is a novel provision, both in the law of the sea and in general international law, as no such provision existed before the Convention was adopted. The purpose of procedure is to reconcile the interests of the detaining State in its measures against the flag State. Generally, the flag State wishes its vessel and its crew released promptly while the interest of the detaining State to secure the court appearance of the Master and the payment of penalties. Under Indonesian law, the procedure regarding prompt release is regulated in the provisions of Article 104 of Law Number …

Sebuah Kerangka Teoretis Hubungan Institusional Berbasis Konstitusionalisme, Titon Slamet Kurnia

Jurnal Hukum & Pembangunan

This article discusses legal issue pertaining to institutional relationship between the Constitutional Court and the Supreme Court in case of constitutional interpretation, particularly the bindingness of the Constitutional Court’s opinion over the Supreme Court. Responding the issue, this article conveys departmentalist view, and rejects judicial supremacist view within the Constitutional Court in prescribing the constitutional interpretation authority. In line with departmentalism, this article argues that the Supreme Court should be given authority in constitutional interpretation, concurrent with the Constitutional Court. It is further argued that constitutional interpretation should be viewed as constitutional discourse in which the Supreme Court should be …

Ijtihad Berbasis Maqashid Syari’Ah Sebagai Pijakan Konseptual Dalam Pembaruan Hukum Keluarga Islam Indonesia, Ilham Tohari, Moh. Anas Kholish

Jurnal Hukum & Pembangunan

Many circles consider that Islamic family law in Indonesia must be renewed. But Islamic family law renewal is not an easy matter. The rejection of various parties to the Counter Legal Draft-Compilation of Islamic Law (CLD-KHI), as an effort to renew Islamic family law, become evidence of the difficulty of the renewal. Rejection of the CLD-KHI on the other hand also shows that Islamic family law reform must be carried out with approaches and methodologies derived from the tradition of Islamic thought itself. In this context, ijtihad based on maqashid syari'ah acts as a conceptual basis for the methodology of …

Subsidi Angkutan Udara Kargo Dalam Kerangka Program Jembatan Udara Sebagai Kewajiban Pelayanan Publik Di Indonesia, Muhammad Ikram Afif

Jurnal Hukum & Pembangunan

The state is obliged to subsidize cargo air transport to Air Transport Business Entities in the form of State-Owned Enterprises (SOEs) and non-SOEs. This provision is carried out by the application of public service obligation through the Air Bridge program carried out by the government through assignments to SOEs and/or private Air Transport Business Entities through the selection of other service providers in accordance with statutory provisions. This study attempts to analyze the problems related to the implementation of subsidized cargo air transport as a public service obligation based on the legal framework of public services in Indonesia; comparison of …

Model Pengaturan Kedaruratan Dan Pilihan Kedaruratan Indonesia Dalam Menghadapi Pandemi Covid-19, Fitra Arsil, Qurrata Ayuni

Jurnal Hukum & Pembangunan

Indonesia own various of legal models uses to deal with emergencies. Two emergency arrangements in the 1945 Constitution are represented by the phrase "state of danger" in Article 12 of the 1945 Constitution and the phrase " coercive importance " in Article 22 of the 1945 Constitution. Both have different characters and implications for both the power generated and the oversight mechanism. In addition, there are also emergency legal instruments based on laws, which are represented among others by the Disaster Mitigation Act and the Health Quarantine Act. Interestingly, an emergency based on this law is not directly related to …

Covid-19, Pemenjaraan Berlebihan, Dan Potensi Katastrofe Kemanusiaan, Iqrak Sulhin

Jurnal Hukum & Pembangunan

On March 2, 2020 Indonesia recorded the Covid-19 case for the first time. Since then the trend in the number of infections has continued to increase. Likewise, the number of deaths. To anticipate the spread within the Penitentiary (Lapas), the Ministry of Law and Human Rights is releasing prisoners, through accelerating assimilation and parole. Similar policies have also been carried out by other countries in the world and are recommended by international institutions, such as the World Health Organization and the United Nations Office on Drugs and Crimes. However, the main problem behind this policy is the overcrowding condition in …

Pendanaan Pihak Ketiga (Third Party Funding) Dalam Penyelesaian Sengketa Melalui Arbitrase Dan Kemungkinan Penerapannya Di Indonesia, Carissa T.A. Temenggung, Yetty Komalasari Dewi

Jurnal Hukum & Pembangunan

The Third Party Funding (TPF) concept is an alternative method of funding usually applies in the dispute resolution process. Recently, the TPF concept has often been used in the process of resolving international arbitration disputes, both commercial and investment. This paper analyses the TPF concept and practices in several states, and its possible application in Indonesia. In particular, this paper discusses efforts made to regulate the TPF both in national law of several jurisdictions and in the international level, key issues within TPF in relation to the arbitration dispute resolution, and the TPF key provisions to be considered should Indonesia …

Instrumentation Of Ex-Officio Rights Of Religious Courts Judge Related To Fulfilling Children And Wife's Rights Due To Divorce, Adi Nur Rohman Uni, Sugeng Sugeng, Hesti Widyaningrum

Jurnal Hukum & Pembangunan

Most of divorce cases in Indonesia have a negative impact on divorced children and wives. This is due to the lack of public legal knowledge especially wives who are entangled in divorce cases so that their rights are often ignored. Judges of the Religious Court, in this regard, have a very important role in the protection of the rights of children and wives through the instrumentation of ex-officio rights which, because of his position, he has special authority in deciding the divorce case. This research is a combination of normative and empirical juridical research by connecting the case approach and …

Innocent Until Presented, Aristo Pangaribuan

Jurnal Hukum & Pembangunan

This paper analyzes a practice of presenting suspects, which is a ritual that displays a suspect before the media. Until now, although it is frequently used by the police, there has been no attempt to examine such practices in Indonesia. In the criminal procedure scholarship, there is no standard term to describe it. This article will refer to such ritual as a presentation of suspects. This ritual has also been practiced around the world with different methods and has a long history, especially in the United States. This article discusses the presentation of suspects and question whether such a ritual …

Penjatuhan Kebiri Kimia Bagi Pelaku Kejahatan Seksual Terhadap Anak Dalam Perspektif Falsafah Pemidanaan, Tunggal S, Nathalina Naibaho

Jurnal Hukum & Pembangunan

Sexual assault against children is an phenomenon that often occurs in Indonesia. The statistic shows that the number of sexual assault against children doesn't decrease significantly. Punishment is not the only way to control the number of sexual assault against children. Then, the goverment passed new regulation that regulating of chemical castration in hope of reducing the number of sexual crimes against children. However, the presence of chemical castration raises objections and differences of opinion in various circles. This research aims to determine the sentencing purpose of chemical castration and the proper sanction for imposing chemical castration in Indonesia. This …

Rgensi Meratifikasi Framework Convention On Tobacco Control (Fctc) Dalam Upaya Pengendalian Konsumsi Tembakau Di Indonesia, Fajar Kurniawan

Jurnal Hukum & Pembangunan

The current problem of tobacco consumption has become a global issue that covers almost all aspect of life, both economic, social and community welfare aspects, especially for the health aspects because of the impact of the healt losses they cause. Cigarette consumption in Indonesia continues to experience a significant increase. Indonesia is the thrid country with the highest number of smokers in the world. Global tobacco consumption control has been stated in Framework Convention on Tobacco Control (FCTC) since 2003, but until now Indonesia has not ratified that FCTC. As part of the civilization of the international community, it is …

Model Negara Kesatuan Republik Indonesia Di Era Reformasi, Mahmuzar Mahmuzar

Jurnal Hukum & Pembangunan

Article 1 Paragraph (1) of the 1945 Constitution stated that the state of Indonesia shall be a unitary state, with the form of a Republic and in article 37 paragraph (5) is affirmed that the form of the unitary state of the Republic of Indonesia may not be amended. There are two kinds of unitary state, namely unitary state with centralistic system and unitary state with decentralized system. The unitary state with decentralized system has five variants, namely; (1) unitary state with centralized decentralized system; (2) unitary state with decentralized system that decentralistic; (3), unitary state with proportional decentralized system; …

Was Atwater V. Lago Vista Decided Correctly? The Fourth Amendment's Shadow And Simulacra Of Police Brutality And The American Dream, Charles Lincoln

Barry Law Review

No abstract provided.

Batson V. Kentucky Guidelines And The Use Of Peremptory Challenges In Arkansas Courts: A Case Study, Abigail Lindsey

Political Science Undergraduate Honors Theses

The peremptory challenge is a method by which attorneys can strike a potential juror from the jury pool without a valid reason. With Batson v. Kentucky (1986), the Supreme Court ruled that peremptory challenges cannot be issued on the basis of race, however, there are many problems with the way this precedent has been followed in various states. The goal of this research is to analyze how Arkansas courts implement the Batson precedent. This research also studies whether the way in which Arkansas courts utilize the peremptory challenge creates ideologically imbalanced juries.