scholarly journals Women, Marriage and Property in Upper Canada

2018 ◽  
Vol 105 (1) ◽  
pp. 98-125
Author(s):  
Guylaine Pétrin
Keyword(s):  
Justice System ◽  
Social Standing ◽  
Upper Canada ◽  
Her Family ◽  
Upper Canadian ◽  
The Law ◽  
Illiterate Woman

This article explores how one illiterate woman in Upper Canada, Elizabeth Sanders, used the few legal tools that were at her disposal to deal with a bad marriage and to protect her property for her daughters. Her social standing, her property and, even more importantly, the support of her family, allowed her to have access to and use the very deficient Upper Canadian justice system to deal successfully with a bad marriage. This study shows that even illiterate women could and did use the law to their advantage.

scholarly journals The Role of Investigator in Applying Diversion to Children in Conflict with the Law in the Jurisdiction of Padang City Police

2019 ◽  
Vol 6 (5) ◽  
pp. 455
Author(s):  
Andre Dwijaya Saputra ◽  
Elwi Danilm ◽  
Yoserwan Yoserwan
Keyword(s):  
Criminal Justice ◽  
Child Protection ◽  
Justice System ◽  
Government Regulation ◽  
Legal Process ◽  
Her Family ◽  
The Law ◽  
The Republic ◽  
City Police

The objectives of this study are to: 1) find out and analyze the role of investigator of the Women and Child Protection Unit in applying diversion to children in conflict with the law, 2) determine and analyze the implementation of diversion carried out by the Women and Child Protection Unit against children in conflict with law, 3) identify and analyze the obstacles of investigators of the Women and Child Protection Unit in applying diversion to children in conflict with the law. This research employs the sociological juridical method, a research in the discipline of law that is based on the reality that occurs in society where the type of study in this study is specifically descriptive. The results of this study found that: 1) the implementation of diversion in Padang City Police had been going well where there were 14 (fourteen) cases that were successfully resolved through diversion channels throughout 2015-2017, 2) the implementation of diversion in Padang City Police was guided by the Law on the Criminal Justice System for Children (UU SPPA), Secret Telegram of the Head of the Criminal Investigation Agency of the Republic of Indonesia Police TR/1124/XI/2006 and TR/395/DIT,VI/2008, and Government Regulation No. 65 of 2015, 3) in applying the diversion, Padang City Police investigators faced several obstacles such as: the victim felt that his/her rights were not protected because the suspect was given privileges in the legal process and the victim or his/her family considered the law to be biased and favored the suspect. It is the reason for the failure of deliberation regarding diversion. To anticipate this failure, there are a number of suggestions in which human resources in the Children’s Criminal Justice Unit (PPA) of Padang City Police should be given training in collaboration with the Ministry of Social Affairs in the framework of developing human resource competencies. It is better if the internal police regulations relating to the implementation of diversion are revised and adjusted to the applicable laws and regulations.

The Reconstitution of Upper Canadian Legal Thought in the Late-Victorian Empire

1985 ◽  
Vol 3 (2) ◽  
pp. 219-292 ◽  
Author(s):  
G. Blaine Baker
Keyword(s):  
Twentieth Century ◽  
North American ◽  
Legal Culture ◽  
Legal Positivism ◽  
Upper Canada ◽  
Legal Thought ◽  
Upper Canadian ◽  
The Law ◽  
British North American ◽  
The Way

Theavailabilityof the literature of the law, an aspect of legal culture rarely considered in twentieth century Canadian commentary on the ‘reception’ of imperial laws, must have had a great deal to do with the way that sources of law informed and reflected the developing jural values, doctrine, and methodology of the British North American provinces. Yet locally-prevalent versions of legal positivism, which find expression in formalistic, contemporary constitutional scholarship on transferral issues, have tended to suppress or render irrelevant inquiries into the way that such intellectual forces as law books actually affected the development of the legal culture of Upper Canada/Ontario.

scholarly journals Culpability, Kingston and the Law Commission

2010 ◽  
Vol 74 (5) ◽  
pp. 434-471 ◽  
Author(s):  
Cath Crosby
Keyword(s):  
Justice System ◽  
Criminal Liability ◽  
Character Theory ◽  
Criminal Offence ◽  
Pragmatic Approach ◽  
House Of Lords ◽  
The Law ◽  
Court Of Appeal ◽  
Law Commission ◽  
Do So

This article considers the basis upon which a person should be held to be criminally liable, and to do so, it is necessary to examine the leading theories of character and choice that underpin the State holding a person to be culpable of a criminal offence, i.e. the link between culpability and fault. The case of R v Kingston1 is used to examine the application of these leading theories and it is observed that choice theorists would not excuse such a defendant from criminal liability even though his capacity to make a choice to refrain from law breaking was made extremely difficult by external factors beyond his control. Only character theory could possibly offer exculpation in such circumstances on the basis that the defendant acted ‘out of character’ and his deed did not deserve the full censure and punishment of the criminal law. The Court of Appeal in R v Kingston would have been prepared to excuse, but the House of Lords, and most recently the Law Commission have adopted a pragmatic approach to the involuntarily intoxicated offender. This case serves as a reminder that while justice is the aim of the criminal justice system, it is not an absolute standard.

Social media and social change lawyering: influencing change and silencing dissent

2018 ◽  
Vol 169 (1) ◽  
pp. 65-73
Author(s):  
Naomi Sayers
Keyword(s):  
Social Media ◽  
Social Change ◽  
Legal System ◽  
Media Use ◽  
Legal Profession ◽  
Upper Canada ◽  
Professional Conduct ◽  
Positive Approach ◽  
Marginalized Communities ◽  
The Law

The Law Society of Ontario (formerly, the Law Society of Upper Canada) oversees the legal profession in Ontario, Canada, through The Rules of Professional Conduct (‘Rules’). All future lawyers and paralegals must adhere to the Rules. The Law Society sometimes provides guidance on sample policies informed by the Rules. In this article, the author closely examines the Law Society’s guidance on social media. The author argues that this guidance fails to understand how the Rules regulate experiences out of the legal profession and fails to see the positive possibilities of social media to influence social change, especially in ways that conflict with the colonial legal system. The author concludes that the Law Society must take a positive approach and provide some guidance for the legal profession on their social media use, especially around critiquing the colonial legal system. This positive approach is essential to avoid duplicating the systems and structures that perpetuate disadvantage in marginalized communities.

scholarly journals La justicia penal militar colombiana y los principios procesales constitucionales de independencia e imparcialidad, después de la separación de la función de jurisdicción con la función de comando

Justicia ◽  
2014 ◽  
Vol 19 (26) ◽  
Author(s):  
Consuelo Amparo Henao Toro ◽  
Ingrid Regina Petro Gonz ◽  
Felipe Andrés Mar
Keyword(s):  
Criminal Law ◽  
Justice System ◽  
Third Parties ◽  
Penal Code ◽  
Security Forces ◽  
Origin And Evolution ◽  
The Creation ◽  
The Law ◽  
The Military ◽  
Legal Training

El presente artículo analiza la Justicia Penal Militar colombiana, su origen y evolución desde la vigencia del Decreto 2550 de 1988, según el cual los miembros de la Fuerza Pública podían ejercer simultáneamente las funciones de comando con las funciones de jurisdicción, toda vez que quien juzgaba no se encontraba técnicamente habilitado para desarrollar esa función por carecer de formación jurídica profesional y debía depender de terceras personas para emitir sus fallos, situación que contrariaba los principios de independencia e imparcialidad. Posteriormente, con la creación de la Ley 522 de 1999, actual Código Penal Militar, esas funciones fueron separadas y prohibidas, lo que amerita analizar estos principios a la luz de esta normativa penal militar.   AbstractThis article analyzes the Penal Military Colombian Justice system, its origin and evolution from the enforcement of Decree 2550 of 1988 according to which members of the security forces could exercise the functions of command simultaneously with the functions of jurisdiction, since he was deemed not technically qualified to perform that function due to lack of professional legal training and had to rely on third parties to issue their decisions, a situation that went against the principles of independence and impartiality. Later, with the creation of the Law 522 of 1999 current Military Penal Code, these functions were separated and thus deserving prohibited discuss these principles in light of the military criminal law.

scholarly journals Penegakan Hukum Pidana Terhadap Anak Yang Terjerat Perkara Pidana Melalui Diversi (Studi Di Polrestabes Medan)

2020 ◽  
Vol 3 (1) ◽  
pp. 78-84
Author(s):  
Akalafikta Jaya ◽  
Triono Eddy ◽  
Alpi Sahari
Keyword(s):  
Criminal Justice ◽  
Criminal Justice System ◽  
Justice System ◽  
Juvenile Justice System ◽  
Criminal Liability ◽  
Criminal Case ◽  
Criminal Cases ◽  
Criminal Convictions ◽  
Criminal Offenses ◽  
The Law

In the past, the punishment of children was the same as the punishment of adults. This causes the psychological condition of children ranging from investigation, investigation and trial to be disturbed because it is often intimidated by law enforcement agencies. Under these conditions, Law No. 11 of 2012 concerning the Juvenile Justice System was born. One of the reforms in the Child Criminal Justice System Law requires the settlement of a child criminal case by diversion. Based on the results of research that the conception of criminal offenses against children in conflict with the law in Indonesia is different from criminal convictions to adults. Children are given the lightest possible punishment and half of the criminal convictions of adult criminal offenses. That criminal liability for children who are ensnared in a criminal case according to the Law on the Criminal Justice System for Children is still carried out but with different legal sanctions from adults. Criminal imprisonment against children is an ultimumremedium effort, meaning that criminal imprisonment against children is the last legal remedy after there are no other legal remedies that benefit the child. That the concept of enforcement of criminal law against children caught in criminal cases through diversion is in fact not all have applied it. Some criminal cases involving children as the culprit, in court proceedings there are still judges who impose prison sentences on children who are dealing with the law.

scholarly journals Women's Experiences of the Justice System

1997 ◽  
Vol 27 (4) ◽  
pp. 649
Author(s):  
J Morris
Keyword(s):  
New Zealand ◽  
Justice System ◽  
Access To Justice ◽  
Women’S Experiences ◽  
Women's Experiences ◽  
The Law ◽  
The Impact ◽  
Law Commission

This article considers the impact of gender upon women's experiences of the New Zealand justice system, as lawyers and clients. As well as summarising study and survey material, it draws upon information provided to the Law Commission in the course of its project on Women's Acces to Justice: He Putanga mo nga Wahine ki te Tika. It concludes that women are still significantly disadvantaged by the justice system as a result of their gender and that there is an ongoing need for debate and consideration of these issues if women's access to justice is to be improved.

scholarly journals THE JUDICIAL CONSTRUCTION RELATING TO THE TERRORISM CASES (REALITY AND PROSPECTS)

2021 ◽  
Vol 03 (03) ◽  
pp. 473-482
Author(s):  
Fawzi Abdelsalam Mohammed AL-KILNI ◽  
Ebtisam Hassan Salem Ben ISSA
Keyword(s):  
Working Conditions ◽  
Criminal Law ◽  
Justice System ◽  
Criminal Policy ◽  
Developed Countries ◽  
The Other ◽  
High Concern ◽  
The Law ◽  
The Developed Countries ◽  
The Military

The current study aims to discuss and investigate one of the most prominent and important issues that has been in constant debate in all the previous researches and studies dine in the scope of criminal law ; especially those regarding the juridical construction relating to the terrorism cases. The main attempt of this research is to evaluate the criminal policy of the Libyan Legislation issuing law no.3 for the year 2014 concerning Terrorism combating. Disregarding the recent issuing of the law in subject, the above-mentioned law is of great importance due to its high concern of the juridical apparatus of combating terrorism. However, what makes a wonder herewith is the Libyan legislation has been taking a step backwards when the law (4) was issued in 2017 in regarding of the amendment of the provisions of both the Military Penal Code and the Code of Military Procedures which has already mandated the judiciary of offenders of terrorism according to the terms identified in Article 3. Herewith, the perception of the effectiveness and functionality of the above-mentioned law is not possible without paying the attention to reviewing the jurisdiction from one hand and the working conditions of the judges from the other hand. However, the good conduct of the judges’ work depends heavily on doing several improvements for these apparatus, in addition to promoting the juridical capabilities by supporting these apparatus with the modern facilities, utilizing the experience of the developed countries in this regard. Therefore, the prospects are addressed to developing the juridical construction properly according to the principles of the defense rights and the fair trial as these principles are the constitution fundamentals and the traits of the criminal-justice system.

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