Criminal Law Commons^™

Telemedicine (Online Medical Services) Dalam Era New Normal Ditinjau Berdasarkan Hukum Kesehatan (Studi: Program Telemedicine Indonesia/Temenin Di Rumah Sakit Dr. Cipto Mangunkusumo), Wahyu Andrianto, Amira Budi Athira

Jurnal Hukum & Pembangunan

Health is an important basis for the continuity of human life. Every human being has the right to have access to safe, quality, and affordable health services. However, in reality health services in Indonesia still have several obstacles, for examples the lack of health care for remote areas which is hindered by distance and time. Especially during the Corona Virus Disease 2019 (COVID-19) pandemic, a solution is needed to serve public health without violating the regulations that enforce Large-Scale Social Restrictions (PSBB) to prevent the spread of the virus. For this reason, one of the efforts that can be carried …

Hambatan Dan Prospek Hukum Penyelenggaraan Jasa Notaris Secara Elektronik Di Indonesia Memasuki Era Society 5.0, Muhammad Ricky Ilham Chalid

Jurnal Hukum & Pembangunan

The development of technology, information and communication in the era of society 5.0 makes notaries have to be able to keep up with their ability to provide the best legal services, the best solution for notaries in facing the challenges of changing times is to implement cyber notaries and remote notaries, but this is not immune from the clash of the Indonesian legal system. Things that need to be considered are the reasons why Indonesia has not implemented it, such as the suitability of the application of long distance notaries and cyber notaries from common law to the Indonesian legal …

Buka Siape Sambehin Injin: Komentar Atas Putusan Tentang Izin Lingkungan Pltu Celukan Bawang, Andri Gunawan Wibisana, Fajri Fadhillah

Jurnal Hukum & Pembangunan

This paper examines administrative court’s view in the Izin Lingkungan PLTU Celukan Bawang case. The paper puts emphasis on the use of actual losses to assess the plaintiffs’ legal standing and the deadline for filing a lawsuit. This paper considers that the court was incorrect in interpreting the legal standing by focusing on the absence of plaintiffs’ actual losses. The court also took a conservative position in determining the deadline for filing the lawsuit. This paper criticizes the court’s failure to take into account the issue of climate change addressed by the plaintiffs, so that the court missed a golden …

Pembaruan Hukum Perlindungan Hak Atas Kesehatan Reproduksi Perempuan Di Indonesia, Aulia Nabila, Yunita Desmawati

Jurnal Hukum & Pembangunan

The right to reproductive health is a part of the human rights regime that must be guaranteed by states. Provisions of women’s right to reproductive health in Indonesia are found separately in various legal instruments. However, the regulations are not comprehensive, vague, and gender-biased. Using human rights and feminist perspective, this article analyses the issues relating to women’s right to reproductive health in statutes and other legal instruments, as well as formulates a concept of revision of the law of women’s right to reproductive health. This article concludes that regulations regarding women’s right to reproductive health contain provisions that are …

Excessive Sanctions & Evolving Standards Of Decency: The Mitigating Nature Of Sexual Trauma For Juvenile Survivors Who Murder, Ingrid Hofeldt

Minnesota Journal of Law, Science & Technology

No abstract provided.

First In The South: Cannabis Legalization In Virginia, Jm Pedini, Cassidy Crockett-Verba

Richmond Public Interest Law Review

In 2021, Virginia made history when it became the first state in the

South to legalize cannabis for responsible use by adults. Though legalization

is now the law of the land, which today includes personal possession

and cultivation, there remains much work to be done before Virginians are

able to legally purchase cannabis outside of the medical program. Concerns

over social equity provisions, retail sales dates, and the reenactment

clauses added during the 2021 legislative session have drastically slowed

the process of expanding the regulated marketplace to adult-use consumers.

With many key components requiring reenactment by the 2022 General Assembly …

Empowering The Defense To Confront The Government's Powers: Virginia Criminal Justice Legal Reform, Bryan Kennedy, Catherine F. Zagurskie

Richmond Public Interest Law Review

During the 2021 Session and 2021 Special Session, Virginia took steps to

restore the balance between individuals ensnared in the criminal legal system

and the government. These new laws allow people who are involved in

the criminal legal system to emphasize their humanity and to hold the government

to its various burdens at all stages of the case, including pre-trial,

trials, sentencing, and appeal. This article discusses four of the most important

changes to Virginia law that ensure a more level playing field between

the government and the accused.

First, eliminating the presumption against bail challenges the government’s

power of …

Struggling To Make Good: The Dilemmas Of Fatherhood For Formerly Incarcerated African-American Men, Francis Prior, Steven Farough

Qualitative Criminology (QC)

While some have argued that absent low socioeconomic status black fathers are to blame for urban crime and poverty, others have highlighted how mass incarceration disproportionately separates low socioeconomic status black fathers from their children. Less frequently heard and acknowledged in the public conversations about low socioeconomic status black fatherhood and mass incarceration are the voices of those same fathers who have been impacted by the system. How do formerly incarcerated black fathers view their role as fathers? Based on 30 interviews of formerly incarcerated black men recruited from a prisoner reentry organization in a large northeastern city in the …

“Goodbye, My Friencels”: An Analysis Of Incel Suicide Posts, Sarah E. Daly, Albina Laskovsov

Qualitative Criminology (QC)

While an increasing number of researchers, non-profit organizations, and law enforcement agencies have expressed growing concern about the relationship between involuntary celibates (i.e., incels) and violence, no research to date has examined the potential for suicide and self-harm among men who call themselves incels. This study examines suicide posts shared to incel sub-Reddits that were collected by u/IncelGraveyard (N=80). The posts reveal that the notes discuss six subordinate themes, including the method of their planned attempt, the ways they used the internet, the online incel community, failed alternatives and coping, the effects of their suicide on others, and the afterlife. …

Socialization Across The Three Stages Of The Correctional Services Of Canada's Correctional Officer Training Program: An Ethnographic Study, Rosemary Ricciardelli

Qualitative Criminology (QC)

The current ethnographic study reflects my participation in elements of the three stages of the correctional officer training program (CTP) offered by the Correctional Service of Canada (CSC). Unpacking my experience, I use Van Maanen and Schein (1977) theory of organizational socialization to analyze the formal and informal socialization processes inherent to the structure of the training academy. Thematic reflection on informal socialization processes reveal that the pressures tied to module content and testing reinforce values welcomed by CSC, such as organizational commitment, before the recruit’s arrival at the academy. Moreover, at the academy, where the emphasis remains on organizational …

Shame And Justice: Partners Of Individuals On Sex Offender Registries Encourage Policy Reform, Kristan N. Russell, Katie M. Snider, William P. Evans, Shawn C. Marsh

Qualitative Criminology (QC)

Sex offense registration and notification (SORN) policies can contribute to stigma and negative consequences for partners of registered individuals. The present study utilized a self-report questionnaire to ask these partners what they would say to policymakers if given the opportunity. A thematic analysis of the responses revealed three themes which highlight the distinct issues related to registries, describe direct consequences experienced by the partners, and propose changes to existing policy. This study provides valuable insight into the experiences of a hard-to-reach population and can help generate critical discussion around the sweeping impacts SORN policies have on individuals they were not …

Social Supports For Community Corrections Clients: Risk Factors Or Protective Factors?, Lacey Schaefer, Gemma C. Williams, Tenille Ford

Qualitative Criminology (QC)

The significance of social supports throughout an individual’s life-course has been widely documented. However, there is ambiguity about whether social supports are likely to encourage or discourage reoffending. The current study qualitatively examines the kinds of support offered to a sample of probationers and parolees by their social support networks through a thematic analysis of transcripts gained from semi-structured interviews with 15 clients and 16 of their “PoPPs” (parents/partners/peers of probationers and parolees). Results indicate that there are several forms of support provided by correctional clients’ loved ones. These forms of support were well-received by the clients who considered them …

Clippers & Cops And Go Pro In Life, Tyrone J. Dennis

National Youth Advocacy & Resilience Conference

Clippers and cops is an organization I (Detective Tyrone Dennis) started in March of 2018 where APD officers actually go into our own communities to speak to civilians about our own experiences; good and bad.

Meeting at local barber shops, Rec centers, to local restaurants, “Clippers and cops” is a relaxed round table discussion that gives every day people a neutral and safe platform for their voices to be heard without judgement, And a place to have an open dialogue about the adversity and hot button issues that have caused such disparity between these 2 conflicting worlds.

Today young people …

Recognition And Enforcement Of Foreign Interim Measures (Scientific And Theoretical Aspect), Mansurov Artem

ProAcademy

It is known that in the past few years, the Uzbek offense has been actively reforming the economic procedural and arbitration procedural criminal prosecution in search of new effective economic and judicial remedies. In the applied aspect of civil and economic/economic procedural law, interest in the difficulties and suppression of local offenses. At the same time, from the study of the recognition and enforcement of foreign interim measures as a means of protection and its study in the countries of the Romano-Germanic distribution system in Uzbekistan, it has a large number of problems of a practical, one might say, and …

Sticky Situations: Understanding The Law And Life, Krystal Banks

National Youth Advocacy & Resilience Conference

Law and life go hand in hand. Understanding the law and how it connects to life can be an effective tool in teaching youth and adults the value of making good decisions when it comes to life and the law. Sticky Situations places real-world situations in the context of learning how to apply the law and effectively respond to life's sticky situations.

Comparative-Legal Analysis Of Legislation On Appeals Of Individuals And Legal Entities In Prosecution Bodies Of Foreign Countries, Zokirov Sherzod Ilxom O’G’Li

ProAcademy

The article analyzes the legislation on appeals of individuals and legal entities of advanced developed countries and member states of the Commonwealth of Independent States. In the comparative legal analysis of the legislation of these countries, the place of the prosecutor’s offices in them in the state register is emphasized by dividing them into groups with special attention. This article presents a scientific, theoretical and practical study of the implementation of national legislation on the appeals of individuals and legal entities of the Republic of Uzbekistan on the positive aspects contained in their normative legal acts, in the presentation of …

Week Against Mass Incarceration: Mass Incarceration And The Housing Crisis, Cardozo National Lawyers Guild

2021–2022 Flyers

No abstract provided.

The Broken Fourth Amendment Oath, Laurent Sacharoff

Sturm College of Law: Faculty Scholarship

The Fourth Amendment requires that warrants be supported by “Oath or affirmation.” Under current doctrine, a police officer may swear the oath to obtain a warrant merely by repeating the account of an informant. This Article shows, however, that the Fourth Amendment, as originally understood, required that the real accuser with personal knowledge swear the oath.

That real-accuser requirement persisted for nearly two centuries. Almost all federal courts and most state courts from 1850 to 1960 held that the oath, by its very nature, required a witness with personal knowledge. Only in 1960 did the Supreme Court hold in Jones …

Sb 85: Mandatory Reporting Of Hazing-Related Violations, Lane Mckell, Julia Martin

Georgia State University Law Review

The Act expands the definition of “hazing” to include actions subjecting a student to physical endangerment as well as actions coercing the student to engage in behavior that would subject the student to a likely risk of vomiting, intoxication, or unconsciousness. Additionally, the Act imposes a mandatory reporting requirement on Georgia colleges and universities to report hazing-related violations.

The Dignitary Confrontation Clause, Erin Sheley

Washington Law Review

For seventeen years, the Supreme Court’s Confrontation Clause jurisprudence has been confused and confusing. In Crawford v. Washington (2004), the Court overruled prior precedent and held that “testimonial” out-of-court statements could not be admitted at trial unless the defendant had an opportunity to cross-examine the declarant, even when the statement would be otherwise admissible as particularly reliable under an exception to the rule against hearsay. In a series of contradictory opinions over the next several years, the Court proceeded to expand and then seemingly roll back this holding, leading to widespread chaos in common types of cases, particularly those involving …