De la comparution à la décision pénale, le profil judiciaire de plus de 1 500        femmes

Andrée B. Fagnan

doi:10.7202/017316ar

De la comparution à la décision pénale, le profil judiciaire de plus de 1 500 femmes

Criminologie ◽

10.7202/017316ar ◽

2005 ◽

Vol 25 (1) ◽

pp. 87-100 ◽

Cited By ~ 2

Author(s):

Andrée B. Fagnan

Keyword(s):

Criminal Court ◽

Vicious Circle ◽

Judicial Process ◽

Probation Order

The Elizabeth Fry Society of Montreal conducted a study aimed at describing the judicial profile of women defendants from their appearance to their sentencing. This article presents the principal results of this study which concerns more than 1 500 women who appeared, in 1987, before the Quebec Criminal Court, at the Court houses at Montreal and Longueuil. Whether more than half these women are under 30 years of age, that they have never been charged before, that they are charged on one court only and of crimes against property, that they plead guilty and receive a probation order, very often the course of women through the judicial process is far from being linear. Once caught up in the system of judicial surveillance, there seems to be a sort of vicious circle established, where the system feeds the system, where the demeaning of the system becomes the offence that keeps these women within the system.

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Manipulation by deliberate failure of communication

Pragmatics and Society ◽

10.1075/ps.6.4.02azu ◽

2015 ◽

Vol 6 (4) ◽

pp. 502-516 ◽

Cited By ~ 1

Author(s):

Sol Azuelos-Atias

Keyword(s):

Social Power ◽

Relevance Theory ◽

Criminal Court ◽

The Other ◽

Vicious Circle ◽

Context Model ◽

Legal Professionals ◽

Context Models

This work studies manipulative use of language that can be called “deliberate failure of communication”; I characterize this kind of manipulation and show that it can be found in the discourse of marketing experts and legal professionals. Relying on relevance theory, I show that manipulation of this kind takes advantage of what van Dijk calls the “context model” of the addressees. I exemplify two ways in which the context models of some of the discourse’s participants might be misused in order to manipulate them. One way is exemplified by a text from an advertisement, the other by a text from a criminal court file. I propose, finally, that the analysis supports van Dijk’s view that social, discursive, and epistemic inequalities reproduce one another in a kind of vicious circle. It suggests, in van Dijk’s terms, that manipulation by deliberate failure of communication is a discriminatory use of language employed by elite groups in order to reproduce their social power.

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The International Criminal Court and the External Non-Witness Expert(s), Problematic Concerns: An Exploratory Endeavour

International Criminal Law Review ◽

10.1163/157181210x507868 ◽

2010 ◽

Vol 10 (3) ◽

pp. 345-364

Author(s):

Angela Overton ◽

Dawn Rothe

Keyword(s):

Criminal Justice ◽

International Criminal Court ◽

Due Process ◽

International Criminal ◽

Criminal Court ◽

Judicial Process ◽

Procedural Concerns ◽

The Impact ◽

The Way

AbstractThe role of the expert in criminal justice proceedings has long been an area of contention and debate among practitioners and scholars. Yet, there has been little to no discussion of the role of experts within the International Criminal Court (ICC). Here a bifurcation is drawn between those experts that are witnesses and the non-witness experts that are 'hidden' from the official processes, yet play a role in the investigations and analysis of cases. The focus of this piece is on the Office of the Prosecutor's (OTP) (hired) external non-witness experts. To date, there has been little to no criminological attention to this phenomenon. Yet there are organic concerns such as the process of knowledge-making, objectivity, 'truth' and substantive and procedural concerns that merit attention given that they are contracted to provide expertise in a particular area to help inform the way in which evidence is analyzed with the broader goal of 'proving' something important in a trial. Additionally, there is institutional equality of arms concerns related to the use of these non-disclosed experts that directly relates to due process. The use of non-witness experts is further complicated by the multiplicity of and/or relevance of fields from which they are drawn. It is the goal of this paper to explore these issues and provide a frame for theoretically situating the impact of non-witness external experts on the judicial process within the context of the ICC.

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Analysis of The Implementation of The Equality Before the Law Principles Against the Perperators of Corruption in the Jurisdiction of the Criminal Court of Corruption at the Surabaya State Court of the Decision Number 119/Pid.Sus.TPK/2018/PN.Sby

Aloha International Journal of Multidisciplinary Advancement (AIJMU) ◽

10.33846/aijmu30101 ◽

2021 ◽

Vol 3 (1) ◽

pp. 1

Author(s):

Tinuk Dwi Cahyani ◽

Yohana Puspitasari Wardoyo

Keyword(s):

Law Enforcement ◽

Research Method ◽

Criminal Court ◽

District Court ◽

State Court ◽

Judicial Process ◽

The Public ◽

Law Enforcement Officials ◽

The Law ◽

Research Show

Corruption that still occurs a lot in Indonesia from year to year, even though it is shown in the perception index that has increased from year to year for the better, is still in a harmful situation for the country. At this time can observe, see and feel that law enforcement is in a position that is can not be trusted. The public questioned the performance of law enforcement officials in eradicating corruption, the spread of judicial mafia, violations of the law in assessing the APBN and APBD among bureaucracy. In 2018 the public was dumbfounded by the mass corruption committed by 41 members of the Malang City DPRD (Regional People's Representative Assembly) during 2018. Malang City is considered the ‘general champion' in the corruption category in the number of suspects. 6 of them have been tried at the Corruption Court at the Surabaya District Court and have been decided by the Panel of Judges as in Decision Number 119/Pid.Sus.TPK/2018/PN.Sby with different sentences. How is the application of the principle of equality before the law against perpetrators of Corruption in the jurisdiction of the corruption court at the Surabaya District Court against the Decision Number 119/Pid.Sus.TPK/2018/PN.Sby? The research method used is the normative legal research method. The results of the research show that the judicial process in handling corruption crimes is in accordance with the rules regarding the types of punishment in the Corruption Crime Court and meets the principle of equality before the law. Keywords: corruption; equality before the law; Malang

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