National Journal of Criminal Law

National Security and Counter Terrorism Laws in the United States

Parvathy S.L. — Tue, 09 Jan 2024 00:00:00 +0000

Throughout the research paper, I have tried to exhibit the nature of counter terrorism laws in the United States. Initially, the paper dealt with the history of terrorist attacks in the United States. This part of the history includes a series of terrorist attacks in the United States from the demolition of the U.S. Embassy in the west Beirut. The paper also focuses on certain significant statutes such as the biological weapons Anti-Terrorism Act 1989, Anti-Terrorism and Effective Death Penalty Act 1996, The USA PATRIOT Act 2001, and Military Commission Act 2006. To make the research more effective, there was a study on the Executive Order 12947 and the Executive Order 13224. The paper also had attempted to substantially research on the concept of detention. With an attempt to research about the concept of detention, the paper has also given special emphasis to the landmark judgments such as Humdi v.
Rumsfled, United States v. Melendez Carrion, Salerno v. United States. In addition to traditional terrorism, the United States grappled with cybersecurity threats, including attacks on critical infrastructure, government institutions, and private businesses. These threats could be attributed to state-sponsored actors, criminal organizations, or hacktivist groups. The United States continued to monitor and combat international terrorism, albeit with a diminished threat from groups like Al-Qaeda and ISIS. Law enforcement agencies at the federal and state levels remained engaged in counterterrorism efforts, including surveillance, intelligence sharing, and the apprehension of individuals involved in terrorist plots.

Investigating International Welfare in the Statute of the International Criminal Court

Sajjad Ranjbar Dafchahi, Fateme Ghaeminasab — Wed, 01 Nov 2023 00:00:00 +0000

By establishing an international jurisdiction for international criminal justice, punishment has become “international.” Despite numerous legal analyses in various doctrines, human rights studies, and justice studies, there is a lack of quantitative analytical efforts to engage with the working assumptions, cultural commitments, and dominant mind-sets that shape international criminal justice as an illegal field. This article compares international criminal justice punishment with recent modern domestic criminal punishment based on various studies, interviews with key actors, and critical readings of international criminal justice research. The argument makes the distinction between “national” justice and international criminal justice. For example, while national punishment is based on retribution justifications, there is no demand for severe criminal punishment and no attention to prisoner rehabilitation. Instead, it represents a humane and expressive form of justice where the victim is placed at the center stage as a representation of suffering humanity. In addition, there is a significant belief in the transformative effects of international criminal justice that resemble a kind of “internationalized” criminal welfare. As national capacity building and illegal development are inherent in the international criminal justice project, this article demonstrates how the international dimension of punishment power is based on the ethicalization of criminal policy and welfare orientation.

Vintage Revived: Unpacking three Criminal Law Bills Through a Critical Lens

Aishwarya Sinha — Wed, 04 Oct 2023 00:00:00 +0000

The Indian criminal legal system, established many years ago, faces challenges in adapting to the evolving needs of a fast-changing society and the intricacies of contemporary criminal activity. Its outdated colonial procedures hinder efficient investigation, trial, and fair dispensation of justice. It has been drafted in a complex way, knowingly in order to complicate procedures. On August 11, 2023, the Union government presented three criminal law bills in the Lok Sabha with the resolution to fortify the entire legal framework within the country. These bills have since been referred to the Parliamentary Standing Committee for a comprehensive examination and assessment. The proposed changes within these new bills signify a substantial transformation, promising a complete overhaul of the existing criminal justice system. This transformation is envisioned to expedite the judicial process, ensuring that
justice is dispensed within a span of no more than three years. This article undertakes a comprehensive critical analysis of the proposed bills in comparison to prior legislation.

The Protection of the Minor Under Cameroon Criminal Law: An Appraisal

Kigha Nwanyeg Fred — Wed, 17 Jan 2024 00:00:00 +0000

The protection of persons under domestic criminal law is considered primordial for the legislators of many countries, not being an exception, in principle, birth is the beginning of the acquisition of legal rights in Cameroon. Cameroon being a country in central Africa has signed and ratified many international conventions and implement several national laws to protect minors. Despite the rich legal and international framework applicable in Cameroon for the promotion and protection of minors, we still witness constant and persistent criminal offenses committed against minors in Cameroon as a result of the poor implementation of these laws. It is as a result of these short comings that we are inviting the government and the stakeholders to embark on the establishment of structures and to ensure effectiveness in the enforcement of the protection of minors and to overcome the current weakness that the country is experiencing.

All About the Examination of Witnesses by Police

Rashmi Sinha — Thu, 28 Dec 2023 00:00:00 +0000

The article deals with Section 161 of the Criminal Procedure Code, 1873 (hereinafter, CrPC), which is the examination of witnesses by police, and its interpretation, such as what is the meaning of any person, what is the extent to which a witness is bound to answer truly, the punishment otherwise he could get, and how this section is connected with Article 20(3) of the Indian Constitution. Further, the project discusses the effect of delay in examining the witnesses on the prosecution version, the discretion which the police has either to record or not to record the statement in writing, the mandate of making a separate and true record of the same if he chooses to reduce it to recording, and the ways of writing a true record of statements. Then, the amendments to this section are mentioned. After this, other aspects of this section, or rather, utilities, are discussed, like whether the record under this section is available
to the accused and other citizens, whether the interpretation of the statement of a police officer or its gist is admissible, what consequences would follow if the statement under Section 161 does not contain the relevant fact, the position of the statement made under this section if the witness who recited it becomes hostile, whether statements under this section were used to contradict the witness in some other case, and whether the re-recording of the statements in a situation when the case has been transferred to another investigating agency is allowed. Each of the topics is supplemented with the relevant provisions in the CrPC, Indian Penal Code, 1860, and Evidence Act, 1872. Examples and case laws have been provided wherever necessary. All the facts have been well substantiated and possess a genuine source, as mentioned in the endnote and the references.

In Cases of Rape: Evidentiary Value of Medical and Forensic Evidence

Shatakshi Arya — Wed, 01 Nov 2023 00:00:00 +0000

In India, reforms related to sexual harassment cases have focused on medical examination. However, digital evidence and crime scene analysis have received little to no attention. The use of digital evidence, such as audio recordings and emails, can be crucial in corroborating sexual violence cases. DNA testing has become an important tool in rape cases, but there is a lack of specific legislation to guide its use. Several court cases have highlighted the importance and reliability of DNA evidence in establishing guilt or innocence. Some legal provisions and amendments have been made to the Indian Evidence Act to address issues related to consent in sexual assault cases and to accommodate witnesses who cannot speak verbally. To ensure justice for the victims and consistency in investigations, the method for addressing rape complaints needs to be improved overall.