In the United States, the Miranda warning is a type of notification customarily given by police to criminal suspects in police custody advising them of their right to silence and, in effect, protection from self-incrimination; that is, their right to refuse to answer questions or provide information to law enforcement or other officials. These rights are often referred to as Miranda rights. The purpose of such notification is to preserve the admissibility of their statements made during custodial interrogation in later criminal proceedings. The idea came from law professor Yale Kamisar, who subsequently was dubbed "the father of Miranda."
Criminal justice is the delivery of justice to those who have been accused of committing crimes. The criminal justice system is a series of government agencies and institutions. Goals include the rehabilitation of offenders, preventing other crimes, and moral support for victims. The primary institutions of the criminal justice system are the police, prosecution and defense lawyers, the courts and the prisons system.
A prosecutor is a legal representative of the prosecution in states with either the common law adversarial system or the civil law inquisitorial system. The prosecution is the legal party responsible for presenting the case in a criminal trial against an individual accused of breaking the law. Typically, the prosecutor represents the state or the government in the case brought against the accused person.
The law of Japan refers to legal system in Japan, which is primarily based on legal codes and statutes, with precedents also playing an important role. Japan has a civil law legal system with six legal codes, which were greatly influenced by Germany, to a lesser extent by France, and also adapted to Japanese circumstances. The Japanese Constitution enacted after World War II is the supreme law in Japan. An independent judiciary has the power to review laws and government acts for constitutionality.
Daiyō kangoku (代用監獄) is a Japanese legal term meaning "substitute prison". Daiyō kangoku are detention cells found in police stations which are used as legal substitutes for detention centers, or prisons. The practical difference lies in the supervision of daiyō kangoku by the police forces responsible for investigations, whereas detention centers are supervised by a professional corps of prison guards who are not involved in the investigative processes.
Japan is a constitutional monarchy. According to Ministry of Justice (MOJ) figures, the Japanese Legal Affairs Bureau offices and civil liberties volunteers dealt with 359,971 human rights related complaints and 18,786 reports of suspected human rights violations during 2003. Many of these cases were ultimately resolved in the court. Human rights issues occur in present-day Japan, as modernization history of Japan only reached in the non-humanity areas with the rise of military expansion of Empire of Japan in the 20th century.
Within the criminal justice system of Japan, there exist three basic features that characterize its operations. First, the institutions—police, government prosecutors' offices, courts, and correctional organs—maintain close and cooperative relations with each other, consulting frequently on how best to accomplish the shared goals of limiting and controlling crime. Second, citizens are encouraged to assist in maintaining public order, and they participate extensively in crime prevention campaigns, apprehension of suspects, and offender rehabilitation programs. Finally, officials who administer criminal justice are allowed considerable discretion in dealing with offenders.
The judicial system of Israel consists of secular courts and religious courts. The law courts constitute a separate and independent unit of Israel's Ministry of Justice. The system is headed by the President of the Supreme Court and the Minister of Justice.
The legal system of South Korea is a civil law system that has its basis in the Constitution of the Republic of Korea. The Court Organization Act, which was passed into law on 26 September 1949, officially created a three-tiered, independent judicial system. The revised Constitution of 1987 codified judicial independence in Article 103, which states that, "Judges rule independently according to their conscience and in conformity with the Constitution and the law." The 1987 rewrite also established the Constitutional Court, the first time that South Korea had an active body for constitutional review.
A presentence investigation report (PSIR) is a legal document that presents the findings of an investigation into the "legal and social background" of a person convicted of a crime before sentencing to determine if there are extenuating circumstances which should influence the severity or leniency of a criminal sentence. The PSIR is a "critical" document prepared by a probation officer via a system of point allocation, so that it may serve as a charging document and exhibit for proving criminal conduct. The PSIR system is widely implemented today.
A criminal charge is a formal accusation made by a governmental authority asserting that somebody has committed a crime. A charging document, which contains one or more criminal charges or counts, can take several forms, including:
A criminal defense lawyer is a lawyer specializing in the defense of individuals and companies charged with criminal activity. Some criminal defense lawyers are privately retained, while others are employed by the various jurisdictions with criminal courts for appointment to represent indigent persons; the latter are generally called public defenders. The terminology is imprecise because each jurisdiction may have different practices with various levels of input from state and federal law or consent decrees. Some jurisdictions use a rotating system of appointments, with judges appointing a private practice attorney or firm for each case.
The penal system in China is mostly composed of an administrative detention system and a judicial incarceration system. As of 2020, it is estimated that 1.7 million people had been incarcerated in China, which is the second-highest prison population after the United States (USA). The country's per-capita incarceration rate is 121 per 100,000 of the national population. China also retained the use of death penalty with the approval of the Supreme People's Court, and there is a system of death penalty with reprieve in which the sentence is suspended unless the convict commits another major crime within two years while he or she is detained. Discussions have been held in which some people have urged the government to increase its use of community correction, and they have also urged the Ministry of Justice to oversee administrative detainees as a way to prevent the police from acquiring too much power.
Pre-trial detention, also known as preventive detention, provisional detention, or Remand is the process of detaining a person until their trial after they have been arrested and charged with an offence. A person who is on remand is held in a prison or detention centre or held under house arrest. Varying terminology is used, but "remand" is generally used in common law jurisdictions and "preventive detention" elsewhere. However, in the United States, "remand" is rare except in official documents and "kept in custody until trial" is used in the media and even by judges and lawyers in addressing the public. Detention before charge is referred to as custody and continued detention after conviction is referred to as imprisonment.
The judiciary of the Republic of Chile includes one Supreme Court, one Constitutional Court, 16 Courts of Appeal, 84 Oral Criminal Tribunals and Guarantee Judges; 7 Military Tribunals; over 300 Local Police Courts; and many other specialized Tribunals and courts in matter of family, labor, customs, taxes, electoral affairs, etc.
The history of human rights in Argentina is affected by the Dirty War and its aftermath. The Dirty War, a civic-military dictatorship comprising state-sponsored violence against Argentine citizenry from roughly 1976 to 1983, carried out primarily by Jorge Rafael Videla's military government. However, the human rights situation in Argentina has improved since.
The Italian Code of Criminal Procedure contains the rules governing criminal procedure in every court in Italy. The Italian legal order adopted four codes since the Italian Unification. After the first two codes, in 1865 and 1913, the Fascist Government established in 1930 a new code adopting an inquisitorial system. In 1988 the Italian Republic adopted a new code, that could be considered to be somewhere in between the inquisitorial system and the adversarial system.
Trial as an adult is a situation in which a juvenile offender is tried as if they were an adult, whereby they may receive a longer or more serious sentence than would otherwise be possible if they were charged as a juvenile.
Indonesia is a civil law country with five major codes. Its criminal procedure code, the Kitab Undang-Undang Hukum Acara Pidana ("KUHAP"), determines the procedures and rights of individuals at different stages of the trial process.
The criminal justice system of France, or the French legal system, is derived from Roman law. It is not only a feudal system in the Middle Age, but also a representative of the civil law system. France is committed to the judicial system which was gradually established after the French Revolution in the late 18th century. From beginning of the 19th century to nowadays, Napoleon codified a series of significant rules and established the common court system, administrative court system as well as independent judicial system which formed a unified modern judicial system.
