Relevant bibliographies by topics / Criminal defendant

Academic literature on the topic 'Criminal defendant'

Author: Grafiati
Published: 10 December 2022
Last updated: 29 January 2023

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Journal articles on the topic "Criminal defendant"

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., Herman, Fajar Ari Sudewo, and Sanusi . "Advocacy Problems In Virtual Criminal Trials." Journal of Legal Subjects, no. 21 (January 22, 2022): 1–10. http://dx.doi.org/10.55529/jls21.1.10.

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The Coronavirus Disease (Covid-19) pandemic has caused criminal case trials to be held virtually. There are objections from advocates regarding the virtual trial of criminal cases. Advocates also question the guarantee of the fulfillment of the right to a fair trial. The purpose of this study was to determine and examine the implementation of advocacy for defendants by advocates in virtual criminal case trials and the obstacles faced about the implementation of advocacy for defendants by advocates in virtual criminal case trials. The approach used in this research is the legal approach. This research data collection technique was carried out through conventional and online literature searches. The data analysis technique used in this study is qualitative because the data is presented in a narrative-descriptive manner. The results showed that the advocate for the defendant was intended to provide legal assistance, confront and provide instructions to the defendant regarding the steps and efforts that must be taken while in front of the trial, and assist the defendant in acting. This of course will be difficult to obtain if the advocate cannot accompany the defendant directly during the virtual trial. In the end, the fulfillment of the defendant's rights in examining cases in court will be neglected. The obstacles faced by advocates in assisting defendants during online criminal case trials are the limited courtroom that has a teleconference device, unstable internet network that can even be disconnected, unclear timing of the trial, limited communication and coordination between the defendant and the advocate due to the defendant being in the office. correctional institutions or state detention centers, access to assistance by advocates for defendants also cannot be as flexible as a direct trial before a court, this will certainly affect the overall evidentiary process.
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Lowrey-Kinberg, Belén, Samantha L. Senn, Katherine Dunn, Jon B. Gould, and Katie Hail-Jares. "Origin of Implication: How Do Innocent Individuals Enter the Criminal Justice System?" Crime & Delinquency 65, no. 14 (September 11, 2018): 1949–75. http://dx.doi.org/10.1177/0011128718793618.

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Drawing from the investigative policing literature, we develop a typology for how innocent defendants become suspects in criminal investigations. We use the Preventing Wrongful Convictions Project (PWCP) dataset and multivariate modeling to examine the case and defendant characteristics that predict how an innocent defendant became a suspect. We found that investigators identify suspects in eight primary ways. The most common in the PWCP dataset were victim/eyewitness identification, citizen identification, and intentional misidentification. Defendant’s race, age, criminal history, relationship to the victim, cognitive/mental status, and whether the victim survived were strongly associated with an innocent defendant’s origin of implication. These results illuminate how tunnel vision begins in cases with innocent defendants, and how police practices may prevent innocent individuals from becoming suspects.
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Min, soo young. "Qualification as impeachment evidence of protocol concerning interrogation of a criminal suspect, prepared by a prosecutor." Institute for Legal Studies Chonnam National University 42, no. 4 (November 30, 2022): 113–42. http://dx.doi.org/10.38133/cnulawreview.2022.42.4.113.

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Article 312 of the criminal procedure Act has been amended. Now the protocol concerning interrogation of a criminal suspect, prepared by a prosecutor is admissible as evidence only when the defendant agrees the contents of his own statement are truthful. However, even if the evidence is not admissible as evidence by the hearsay evidence rule, it can be used for impeachment. In this respect, this study examined whether the suspect-interrogation protocol by prosecutor, which is inadmissible by the hearsay rlue could be used as evidence of impeachment against the defendant's statement. It is stipulated in Article 318-2 of the Criminal Procedure Act that ‘A document or statement otherwise inadmissible as evidence under Articles 312 through 316, shall be admissible, if it is produced to challenge the admissibility of a statement of a criminal defendant or a person other than the criminal defendant at a preparatory hearing or a trial’. According to this, protocol concerning interrogation of a criminal suspect, prepared by prosecutor which is inadmissible by the article 312(1), can be used for impeachment. Also as stipulated in Article 318-2 of the Criminal Procedure Act, not only the witness’s but also the defendant’s statement can be impeached. It may cause some issues about the defendant’s right to remain silent, but the debate over whether the defendant's statement can be impeached or not takes place from a completely different perspective. The defendant has a constitutional right to refuse to state. So, he can be silent. But also he can and should be asked about the statement he did in the courtroom. Impeaching the defedant's statement is helpful for fact-finders to find fact, and it is the way to go the principle of court-oriented procedure.
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Rohman, Syaifur. "Legal Liability Analysis for Defendants with Mental Disabilities." Ratio Legis Journal 1, no. 1 (June 12, 2022): 9. http://dx.doi.org/10.30659/rlj.1.1.9-15.

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This study aims to identify and analyze legal liability for criminals with mental disorders in the Wonosobo District Court Decision. The results showed that the perpetrators with mental disorders were proven legally and convincingly to commit the crime of sexual harassment, but because of the limited evidence and the role of psychiatrists, the judicial process became ambiguous and the judicial decision stated that the defendant's behavior did not meet the elements of responsibility, so that according to science criminal law the defendant cannot be held responsible for some. However, the attorney and the victim stated that the defendant has the ability to be held criminally responsible because Article 44 of the Criminal Code does not regulate the state of being unable to be partially responsible.
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Zainudin Hasan, Nyimas Maharani Putri Pertiwi. "PERTIMBANGAN HAKIM DALAM MENGABULKAN JUSTICE COLLABORATOR TERHADAP TERDAKWA YANG MELAKUKAN TINDAK PIDANA KORUPSI." Muhammadiyah Law Review 6, no. 1 (January 3, 2022): 47. http://dx.doi.org/10.24127/lr.v6i1.1846.

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The perpetrators of these criminal acts of corruption tried to cover up their crimes by all means and even made scenarios so that their crimes were difficult to identify by investigators and the prosecutor's office as the body authorized to conduct investigations in cases of corruption. Because the perpetrators of these crimes are difficult to identify, it is very effective if law enforcers invite the defendants of the corruption crime to reveal who are the other defendants and the mastermind behind the corruption and become a Justice Collaborator. The problem in the study is how the procedure for the defendant who commits a criminal act of corruption to apply as a justice collaborator, how the defendant returns state losses due to corruption committed by the defendant and how the judge's consideration in granting the application for justice collaborator against the accused of corruption. The research method used in this study is a normative juridical approach, namely an approach through library research, comparative studies and document studies by reading, quoting, and examining the rules or regulations related to the problem to be discussed and the empirical approach, namely collecting data. based on the results of direct interviews with resource persons who will relate to the problems that exist in this research. The results of the study show how the defendant who commits a criminal act of corruption to apply as a justice collaborator. The defendant can apply as a justice collaborator if the defendant is not the main actor in the case. The judge's consideration in granting the defendant's justice collaborator application, the judge considered several aspects including the defendant being able to cooperate cooperatively and in good faith during the trial, not covering up and witness testimony in line with what was explained by the defendant.
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Spencer, John R. "The Problems of Trans-border Evidence and European Initiatives to Resolve Them." Cambridge Yearbook of European Legal Studies 9 (2007): 465–80. http://dx.doi.org/10.5235/152888712802746902.

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When a criminal case with trans-border ramifications is to be prosecuted within a given state, the following three problems typically arise: —bringing the defendant, currently abroad, to that state, to enable the case against him to be tried;—obtaining relevant evidence from other jurisdictions;—persuading the courts of the state where the defendant is to be tried that they can use it.The first of these problems is in principle the most important. Unless a legal system is prepared (as some were in the past) to try defendants in absentia and then punish them in effigy, the defendant’s physical presence within the jurisdiction of the court is usually required in order to bring the mechanism of the criminal law to bear upon him.
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Spencer, John R. "The Problems of Trans-border Evidence and European Initiatives to Resolve Them." Cambridge Yearbook of European Legal Studies 9 (2007): 465–80. http://dx.doi.org/10.1017/s1528887000002895.

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When a criminal case with trans-border ramifications is to be prosecuted within a given state, the following three problems typically arise: — bringing the defendant, currently abroad, to that state, to enable the case against him to be tried; — obtaining relevant evidence from other jurisdictions; — persuading the courts of the state where the defendant is to be tried that they can use it. The first of these problems is in principle the most important. Unless a legal system is prepared (as some were in the past) to try defendants in absentia and then punish them in effigy, the defendant’s physical presence within the jurisdiction of the court is usually required in order to bring the mechanism of the criminal law to bear upon him.
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Miller, Robert D., and Edward J. Germain. "The Specificity of Evaluations of Competency to Proceed." Journal of Psychiatry & Law 14, no. 3-4 (September 1986): 333–47. http://dx.doi.org/10.1177/0093185386014003-403.

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The legal system's expectation of forensic experts evaluating criminal defendants for competency to proceed to trial is that their reports will offer global and conclusive opinions on whether defendants are competent. Competency evaluations involve estimates of defendants’ capacities to do a variety of acts, and the evaluator is seldom in a position to anticipate which of those acts a defendant will actually be required to perform. The authors argue that, except in cases in which the defendant is so impaired that he could not be expected to perform any of the required acts, a competency report should not offer global opinions on competency, but rather address the defendant's apparent capacity to perform each of the acts which he might be called upon to perform.
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Ridwan, Alan. "ANALYSIS OF CRIMINAL RESPONSIBILITY OF CRIMINAL ACTIVITIES OF THE EIGHTS AND EXTENSION OF CAR (Study of Decision Number 839/Pid.B/2018/PN.Tjk Year 2018)." Progressive Law Review 1, no. 01 (November 11, 2019): 59–67. http://dx.doi.org/10.36448/plr.v1i01.3.

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One of the crimes concerning the misuse of car vehicles is the crime of embezzling cars as the crime is rampant in Indonesia, one of which is in case Number 839/Pid.B/2018/PN.Tjk in 2018. The problem in research is why the perpetrators commit criminal acts embezzlement and imposition of cars based on Decision Number 839/Pid.B/2018/PN.Tjk and how the criminal responsibility of the perpetrators of criminal acts of embezzlement and detention of cars is based on Decision Number 839/Pid.B/2018/PN.Tjk. The research method uses a normative and empirical juridical approach, the normative juridical approach is carried out by studying legal norms or rules, legal principles, while the empirical approach is carried out by direct interviews with informants who will relate to research problems, data analysis used is qualitative analysis. The results of the study indicate that the factors causing the perpetrators to commit criminal acts of embezzlement and car detention are based on Decision Number 839/Pid.B/2018/PN.Tjk opportunity factors and economic needs factors. This factor is due to the defendant's desperate need for a certain amount of money at a fast time so that the defendant made a shortcut by making embezzlement and overcoming the car. The criminal liability of the defendant who commits a crime of manipulating and imposing a car based on Case Number 839/Pid.B/2018/PN.Tjk Year 2018 is that the sentence of imprisonment for 8 (eight) months is reduced as long as the defendant is temporarily detained. detained. Suggestions, for the Judges in carrying out the consideration prioritize a sense of justice for victims, defendants and the public. In addition, judges should carefully pay attention to matters that can alleviate or incriminate defendants other than judges who have also been given the freedom to make decisions in order to enforce law and justice so that judges do not have to depend on public prosecutors' demands in determining crimes for defendants. To the Public Prosecutor in applying the criminal or in giving a claim to the defendant must be appropriate or in accordance with the actions of the defendant because this is the judge's reference in making his decision. In addition, the Public Prosecutor should also have material legal knowledge so that there are no more errors or nonconformities in applying the crime against the accused.
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Gordon, Robert H., and Georgia Bauer. "Social Class Bias of Practicing Attorneys." Psychological Reports 57, no. 3 (December 1985): 931–35. http://dx.doi.org/10.2466/pr0.1985.57.3.931.

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This study investigated the influence of a criminal defendant's social class on private practicing attorneys' evaluations of an interview between a criminal defendant and his attorney. 50 practicing attorneys, as volunteer subjects, rated an artificially constructed transcript of an interview relating to the defendant's arrest. Ratings were based on 10 Likert-type scales measuring personality variables and legal sophistication of the defendant. One-half of the subjects rated the transcript with a lower-class social history appended; the other half rated the same transcript with a middle-class social history appended. The evaluations of the defendant were not influenced by the defendant's social class.
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Dissertations / Theses on the topic "Criminal defendant"

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Owusu-Bempah, A. "Penalising defendant non-cooperation in the criminal process and the implications for English criminal procedure." Thesis, University College London (University of London), 2012. http://discovery.ucl.ac.uk/1364564/.

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Requirements for the defendant to actively participate in the criminal process have been increasing in recent years such that the defendant can now be penalised for his non-cooperation. This thesis explores the procedural implications of penalising a defendant’s non-cooperation, particularly its effect on the English adversarial system. This thesis uses three key examples: 1) limitations placed on the privilege against self-incrimination, 2) adverse inferences drawn from a defendant’s silence, and 3) adverse inferences drawn from defence non-disclosure. The thesis explores how laws regarding the privilege against self-incrimination, the right to silence and pre-trial disclosure came to be reformed such that the defendant can now be penalised for his non-cooperation, and how these laws have been approached by the courts. A normative theory of criminal procedure is developed in the thesis and is used to challenge the idea of penalising defendant non-cooperation in the criminal process. The theory proposes that the criminal process should operate as a mechanism for calling the state to account for its accusations and request for official condemnation and punishment of the accused. Within this framework, the defendant should be free to choose whether or not to cooperate and participate throughout the process. The theory rests upon a broad interpretation of the presumption of innocence, the right to a fair trial, and a conception of the relationship between citizen and state. Conversely, the thesis finds that, by placing participatory requirements on the defendant and penalising him for his non-cooperation, a participatory model of procedure has developed. This model relies on the active participation of the defendant in pursuit of efficient fact finding. The participatory model is far removed from England’s history of adversarialism and, unfortunately, has less regard for legitimacy, fairness and respect for defence rights.
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Dawson, Myrna Faye. "Intimacy and law, the role of victim-defendant relationship in criminal justice decision-making." Thesis, National Library of Canada = Bibliothèque nationale du Canada, 2001. http://www.collectionscanada.ca/obj/s4/f2/dsk3/ftp04/NQ59075.pdf.

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Laurent-González, Arturo. "The defendant, the state and the International Criminal Court : proposals for a viable interdepence." Thesis, University of Hull, 2004. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.411911.

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Rao, Aparna. "The defendant's bad character in the wake of the Criminal Justice Act 2003." Thesis, University of Oxford, 2014. http://ora.ox.ac.uk/objects/uuid:818b81e9-91bc-41dd-9f40-1bb57b0d45b2.

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This thesis examines the interpretation and application of the Criminal Justice Act 2003 (UK), Part 11 Chapter 1, which came into force on 15 December 2004. Part 11 Chapter 1 concerns evidence of bad character, a concept approximately comparable with common law similar fact evidence, in relation to all parties who may be connected with a criminal trial. The admission and use of similar fact evidence has often been the subject of controversy, and the significant changes made by the CJA 2003 have attracted their own body of support and criticism. The nine chapters of this thesis attempt an in-depth study into the impact of the legislation on the robustness and effectiveness of the criminal trial, and consider whether the criminal trial is suited to the level of exposure of bad character now facilitated by the CJA. In particular, the thesis focuses upon the key provisions governing the uses of bad character evidence of the defendant: the seven gateways set out in s 101 of the CJA. The operation of those gateways and their accompanying explanatory provisions is examined through a combination of engagement with the Law Commission’s Report 273 (which preceded the enactment of the legislation), the range of Court of Appeal cases dealing with the legislation, and academic commentary. It was foreshadowed by commentators and early case law that the new provisions might not be easy to interpret or apply, and subsequent cases have borne out this prediction. An analysis of the bad character provisions suggests that, even though the CJA was intended to provide clarity in regulation, it has itself led to confusion in some important respects. Certain central terms lack definition, and some provisions have unintended consequences. The case law reflects this in its frequent, often brief, and sometimes inconsistent analysis of the specific parts of the legislation, which can make it difficult to determine the defendant’s guilt or innocence in a precise and scrupulous manner.
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Dragana, Cvorovic. "Bail as a measure of ensuring presence of the defendant in criminal procedure (standard and practice in the Republic of Serbia)." Thesis, Вектор, 2020. https://er.nau.edu.ua/handle/NAU/50899.

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Тези виступу зарубіжного гостя в рамках ІІІ Міжнародного молодіжного наукового юридичного форуму.
In the criminal procedural law of the Republic of Serbia, and thus in its criminal procedure legislation, special attention is paid to measures ensuring the presence of the defendant in criminal proceedings. One of the reasons for such treatment of this issue is the fact that the presence of the defendant in the criminal procedure is obligatory. For the purpose of practical implementation of this standard, the Criminal Procedure Code of the RS (hereinafter referred to as CPC of RS) also provides for measures to ensure the presence of the defendant 234 in criminal proceedings. One of the seven foreseen measures is bail.
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Dragana, Cvorovic. "Bail as a measure of ensuring presence of the defendant in criminal procedure (standard and practice in the Republic of Serbia)." Thesis, Вектор, 2020. http://er.nau.edu.ua/handle/NAU/43743.

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Тези виступу зарубіжного гостя в рамках ІІІ Міжнародного молодіжного наукового юридичного форуму.
In the criminal procedural law of the Republic of Serbia, and thus in its criminal procedure legislation, special attention is paid to measures ensuring the presence of the defendant in criminal proceedings. One of the reasons for such treatment of this issue is the fact that the presence of the defendant in the criminal procedure is obligatory. For the purpose of practical implementation of this standard, the Criminal Procedure Code of the RS (hereinafter referred to as CPC of RS) also provides for measures to ensure the presence of the defendant 234 in criminal proceedings. One of the seven foreseen measures is bail.
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Markowitz, Tova A. "Effects of a Defendant's Age and Intelligence on Juror Perceptions of a Confession." Scholarship @ Claremont, 2012. http://scholarship.claremont.edu/cmc_theses/327.

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False confessions are a leading cause of wrongful convictions. Defendants under the age of 18 or who have mental retardation are at a high risk of making false confessions. Participants read a short synopsis of a hypothetical robbery and trial. They then answered several questions as jurors. The age (16 years or 32 years) and intelligence in terms of IQ (68 or 102) of the defendant were manipulated. Results suggest there was no effect of age or intelligence on verdict or confidence that the confession was true. There was an effect of age and intelligence on guilt confidence such that defendants are less confident of a guilty verdict when the defendant is a juvenile or has mental retardation than when the defendant is an adult or of average intelligence. Punishment of younger defendants was more lenient than punishment of adult defendants. Confessions made by defendants with mental retardation were perceived as less reliable than confessions made by defendants of average intelligence, but there was no effect of intelligence on punishment.
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Gimson, Rachel. "Captured red handed : the impact of social media on the evolving concepts of the criminal defendant and the presumption of innocence." Thesis, University of Sussex, 2017. http://sro.sussex.ac.uk/id/eprint/67121/.

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Muthoni, Viola Wakuthii. "Duress as a defence in international criminal law: from Nuremberg to article 31(1) (d) of the Rome statute of the international criminal court." University of Western Cape, 2013. http://hdl.handle.net/11394/3915.

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Poli, Lynley V. "Mock jurors' judgements of the victim, crime and defendant as a function of victim race and deliberation." Thesis, Edith Cowan University, Research Online, Perth, Western Australia, 2004. https://ro.ecu.edu.au/theses/839.

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Extra-legal variables are factors within a trial that are logically irrelevant to the determination of a verdict. They are deemed extra-legal they are extra to the law and are not prescribed in the relevant statutes upon which the relevant issue must be decided. Research investigating judicial decision-making, however, demonstrates that extra-legal variables often affect jurors' judgements and improperly influence their decision-making. Examples of extra-legal variables include the personal attributes of trial participants, e.g., the victim's physical attractiveness, socio-economic status, and age. Studies conducted in North America indicate that the race of the victim and defendant inappropriately influences jurors' decision-making. However, to date, no such published research has been conducted in Australia. Due to Australia's diverse population, which consists of several minority groups and a dominant Caucasian group, it is likely that race may net as an extra-legal variable. Furthermore, several Australian studies have documented a strong prejudice against Aborigines and Asians, with the potential for a newly emerging prejudice against individuals from Middle-Eastern countries. The present study investigated whether the race of the victim would affect jurors' perceptions and judgements in a simulated attempted-rape trial. Research also indicates that the process of deliberation amongst other things, can affect the influence of extra-legal variables on decision-making, and that it can either exaggerate or attenuate this influence. Therefore, the impact of deliberation on the jurors' perceptions and judgements was investigated, and also whether an interaction occurred between race and deliberation. One hundred and six participants were recruited to examine the effects of the race of the victim on their judgements of the defendant, crime, and victim. Due to Australia having a dominant Caucasian race, it was assumed that when the victim is Aboriginal, Asian or of a Middle Eastern origin, jurors' judgements of the defendant, crime and the victim will be negatively prejudiced by the victim's race, and that when the victim is Caucasian, no such prejudice will impact upon the jurors' decision-making. It was also assumed that deliberation would attenuate the influence of the extra-legal variable of the victim's race, such that any bias observed in pre-deliberation judgements will be reduced in post deliberation judgements. The quantitative data was analysed with a series of 4 x 2repeated measures ANOVAs and a qualitative analysis was undertaken of the deliberation discussions. Quantitative results revealed no significant effects for victim race. However, the effect for race approached significance regarding the seriousness of the crime, with the crime perceived as least serious for the Middle-Eastern victim. The pattern of results identified across several items also revealed a consistent trend toward the different races. An overall positive trend was observed toward the Aboriginal victim, and a negative trend identified toward the Middle-Eastern victim, and to a lesser extent, the Caucasian victim. Qualitative analyses support this pattern of results. The effect for deliberation revealed a number of significant findings, with the victim's character perceived as more positive, and the defendant as less guilty following deliberation. Significant interactions were also identified regarding the defendant's sentence and the responsibility of the victim. In particular, following deliberation, the defendant in the Caucasian condition was given a significantly reduced sentence, and the Asian victim was perceived as significantly less responsible. The results are discussed in terms of the need for closer analyses of Australian intergroup relations, social desirability and cultural stereotyping, and their influence on courtroom decisions.
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Books on the topic "Criminal defendant"

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Defendant Rights. Santa Barbara: ABC-CLIO, 2008.

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Institute, Pennsylvania Bar. Mental illness and the criminal defendant. [Mechanicsburg, Pa.]: Pennsylvania Bar Institute, 2012.

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Owusu- Bempah, Abenaa. Defendant Participation in the Criminal Process. New York, NY: Routledge, 2016.: Routledge, 2016. http://dx.doi.org/10.4324/9781315767857.

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Schrader, E. G. For the defendant. New York: Dorchester Pub., 2004.

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Commission, Great Britain Law. Criminal law: Evidence in criminal proceedings : previous misconduct of a defendant : a consultation paper. London [England]: H.M.S.O., 1996.

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Tague, Peter W. Effective advocacy for the criminal defendant: The barrister vs. the lawyer. Buffalo, N.Y: W.S. Hein, 1996.

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Mensem-Dongban, Monica Bolnaʼan. The defendant: A highlight of basic rights at a criminal trial. Jos, Nigeria: Matchers Pub., 1994.

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Edwards, Susan S. M. Women on trial: A study of the female suspect, defendant and offender in the criminal law and criminal justice system. Manchester: Manchester University Press, 1985.

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Xing shi bei gao ren dui zhi xun wen quan yan jiu: Research on the confrontation right of the crimimal defendant. Beijing Shi: Zhongguo zheng fa da xue chu ban she, 2012.

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Feld, Dennis B. Representing the mentally disabled criminal defendant: Post-admission proceedings and dispositions : a practi[ti]oner's handbook with forms. New York, N.Y: Office of Court Administration, 1986.

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Book chapters on the topic "Criminal defendant"

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Sbordone, Robert J., Tony L. Strickland, and Arnold D. Purisch. "Neuropsychological Assessment of the Criminal Defendant." In Critical Issues in Neuropsychology, 335–44. Boston, MA: Springer US, 2000. http://dx.doi.org/10.1007/978-1-4615-4219-3_19.

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Hannibal, Martin, and Lisa Mountford. "19. Character Evidence and the Accused as a Witness at Trial." In Criminal Litigation, 361–87. Oxford University Press, 2021. http://dx.doi.org/10.1093/he/9780192844286.003.0019.

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This chapter examines the evidential rules that apply to the defendant at trial. These include the defendant’s competence and compellability; the course of the defendant’s evidence; drawing an adverse inference under s. 35 Criminal Justice and Public Order Act 1994 from the defendant’s silence at trial; the admissibility of a defendant’s past bad character; admissibility of defendant’s good character; and arguments for and against the defendant giving evidence.
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Hafemeister, Thomas L. "Dispositions after the Competence to Stand Trial Hearing." In Criminal Trials and Mental Disorders, 154–73. NYU Press, 2019. http://dx.doi.org/10.18574/nyu/9781479804856.003.0007.

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At the close of the CST hearing, the defendant will be found to be either CST or IST. Chapter 6 addresses what occurs next. If the defendant is found to be CST, the trial proceedings usually resume where they left off, although scrutiny of the defendant’s CST should continue. If the defendant is found to be IST, the trial proceedings will generally remain suspended while custodial treatment is typically ordered for the defendant as the State is given an opportunity to try and restore the defendant’s CST. This chapter provides an overview of the continuing evolution of these placements, as well as a pair of rulings by the USSC that set a ceiling on how long IST defendants can be held by the State in an attempt to restore their CST, established these defendants have a right to refuse medication prescribed to facilitate this restoration, and specified the criteria that must be met if the State wants to administer this medication over a defendant’s objection. Although, as discussed, the increased use of correctional facilities for these placements may be questionable, the systematic resolution of the issues arising following a CST hearing that has emerged provides greater assurance that these determinations are made in a relatively fair and just manner.
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Herring, Jonathan. "3. Mens Rea: The Mental Element." In Criminal Law, 127–201. Oxford University Press, 2022. http://dx.doi.org/10.1093/he/9780192855923.003.0003.

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Mens rea is the legal term used to describe the element of a criminal offence that relates to the defendant’s mental state. Different crimes have different mentes reae: some require intention, others recklessness, negligence, or knowledge. Some crimes do not require proof of any mental state of the defendant. It has often been suggested that mens rea plays the crucial role of ensuring that only blameworthy defendants are punished for their crimes; however, a defendant’s blameworthiness or state of mind is only part of the picture. This chapter considers the following concepts that are used throughout criminal law: (a) intention; (b) recklessness; (c) negligence; and (d) knowledge.
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Hannibal, Martin, and Lisa Mountford. "19. Character Evidence and the Accused as a Witness at Trial." In Criminal Litigation 2019-2020, 355–81. Oxford University Press, 2019. http://dx.doi.org/10.1093/he/9780198838548.003.0019.

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This chapter examines the evidential rules that apply to the defendant at trial. These include the defendant’s competence and compellability; the course of the defendant’s evidence; drawing an adverse inference under s. 35 Criminal Justice and Public Order Act 1994 from the defendant’s silence at trial; the admissibility of a defendant’s past bad character; admissibility of defendant’s good character; and arguments for and against the defendant giving evidence.
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Hannibal, Martin, and Lisa Mountford. "19. Character Evidence and the Accused as a Witness at Trial." In Criminal Litigation 2020-2021, 359–85. Oxford University Press, 2020. http://dx.doi.org/10.1093/he/9780198858423.003.0019.

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This chapter examines the evidential rules that apply to the defendant at trial. These include the defendant’s competence and compellability; the course of the defendant’s evidence; drawing an adverse inference under s. 35 Criminal Justice and Public Order Act 1994 from the defendant’s silence at trial; the admissibility of a defendant’s past bad character; admissibility of defendant’s good character; and arguments for and against the defendant giving evidence.
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Marlies, Glasius, and Meijers Tim. "s.VII Anxieties, Ch.29 Inequality of Arms Reversed?: Defendants in the Battle for Political Legitimacy." In The Oxford Handbook of International Criminal Law. Oxford University Press, 2020. http://dx.doi.org/10.1093/law/9780198825203.003.0030.

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This chapter discusses a communicative advantage for ‘defiant defendants’, otherwise known as the ‘inequality of arms reversed’. A common critique of international criminal justice is that international criminal trials, when faced with high-profile and charismatic defendants, are basically doomed: either they silence the defendant’s political rhetoric and become show trials, or they let the defendant speak of the bias and inconsistencies in their institutional set-up, thus equally imperilling their legitimacy. This chapter argues that international criminal courts are not doomed by the reverse inequality: the communicative outcomes of international criminal trials remain contingent. For instance, prosecutors can make arguments that are politically and culturally attuned to local audiences. Moreover, the procedure of the trial can influence the defendant’s attitude. This chapter contends that it is possible for prosecutors and judges to acknowledge the political dimension of international criminal processes without turning them into show trials. Indeed, it is desirable for judges and prosecutors to confront the politics of the defendant head on.
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Campbell, Liz, Andrew Ashworth, and Mike Redmayne. "10. Plea." In The Criminal Process, 314–44. Oxford University Press, 2019. http://dx.doi.org/10.1093/he/9780198818403.003.0010.

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This chapter examines the law and practice on plea negotiation. After looking at the percentage of defendants who plead guilty, it then considers some of the principal reasons for changes of plea, looking at charge bargains (where the defendant agrees to plead guilty in exchange for the prosecution reducing the level of the charge or the number of charges); at fact bargains (where the defendant agrees to plead guilty only on the basis that the prosecution will put forward a particular version of the facts); and at plea negotiation (where the change of plea is motivated by considerations of sentence). The tendencies evident in the English system are then evaluated in the light of defendants’ rights and the supposed advantages to the public.
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Simester, A. P. "Being Unreasonable." In Fundamentals of Criminal Law, 262–88. Oxford University Press, 2021. http://dx.doi.org/10.1093/oso/9780198853145.003.0012.

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This chapter looks at the ways in which findings of unreasonableness inform judgements about the culpability of defendants. The chapter suggests that, even without using tracing strategies, it is possible to defend many of the criminal law’s invocations (un)reasonableness in terms of a defendant’s blameworthiness. Sometimes the defendant’s failure to meet an objective standard does reflect a moral vice on her part. The function of the so-called ‘reasonable person’ in this context is really to hold the defendant up to an external standard of moral characteristics. Conversely, if it is to comprise a standard of culpability, the ‘reasonable person’ ought to be personalized to the extent that the defendant’s shortcomings do not disclose moral vices. In particular, and alongside physical limitations, that includes shortcomings of intelligence.
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"Defendant participation." In Defendant Participation in the Criminal Process, 79–102. New York, NY: Routledge, 2016.: Routledge, 2016. http://dx.doi.org/10.4324/9781315767857-14.

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Conference papers on the topic "Criminal defendant"

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Rosenko, Maria, and Elena Skrebets. "On approaches to the implementation of legal mechanisms ensuring the constitutional rights of citizens to protect dignity and their guarantees." In East – West: Practical Approaches to Countering Terrorism and Preventing Violent Extremism. Dela Press Publishing House, 2022. http://dx.doi.org/10.56199/dpcshss.nbrw8304.

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According to the results of the study, the main problematic issues of the implementation of the constitutional rights of citizens to protect honor and dignity are highlighted, the main methods of violence that are unacceptable for use in general are highlighted, including those associated with criminal acts (suspects, convicts, prisoners), as well as those not related to criminal acts (falsely accused (falsification of evidence) or provoked (throwing prohibited items), etc.). It is noted that cases of intentional pressure on a person in order to humiliate, suppress or achieve some information or behavior can be qualified as violence. As a result of such actions, life-threatening psychosomatic symptoms may occur, caused by the high stress of the situation, and the mental state of the detainee, the defendant, the defendant, does not allow him to adequately defend himself. The problems of the application of procedural measures by judicial bodies, bodies of inquiry, associated with the restriction of the constitutional rights and freedoms of participants in criminal proceedings are considered. According to the results, it is concluded that the issue of legal regulation and the practice of applying the law require further study in order to develop recommendations for the development of civil society, improving the human rights institution, the institute of inquiry, judicial bodies, including improving the legal norms governing it. Improvement mechanisms are proposed, including organizational and legal ones.
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Milojević, Marija. "USLUGA NAMIRENJA IMOVINSKOPRAVNOG ZAHTEVA." In XVII majsko savetovanje. Pravni fakultet Univerziteta u Kragujevcu, 2021. http://dx.doi.org/10.46793/uvp21.1005m.

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The paper presents a continuation of the research on the problem of realization of compensation for damage caused by the commission of criminal offense. In the first paper created within the same project, the author laid the foundations of the problem, dealing with the theoretical notion of damage caused by a criminal offense, the notion of civil torts and tortious liability, and the distinction between the notion of damage and the consequence of a criminal offence. This time, the author will concentrate on settling the receivables for damages by presenting the entire path that one claim for damages should take. Namely, obtaining a property claim should occur primarily in criminal proceedings, but it is most often adjudicated in litigation because in most cases the subject entitled to it is referred to litigation in order to exercise his right to compensation. After the judgement in the civil procedure is rendered, which orders the defendant-convict in the criminal procedure to compensate the caused damage either by compensating the damage in money or by returning the thing, or by annulling a certain legal deal, the concrete execution of the verdict in the executive procedure begins. While studying the manner of collecting the claims of the entitled subject through all three different procedures for the damage caused by the commission of criminal offense, the author also deals with controversial issues that may arise (the issue of statute of limitations for property claim, the issue of subjects who may be holders of property claims, the adequacy of the procedure in which the property claim is exercised, the means of execution of a monetary claim for damages caused by the commission of criminal offense, etc.).
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Matić Bošković, Marina, and Svetlana Nenadić. "IMPACT OF COVID-19 PANDEMIC ON CRIMINAL JUSTICE SYSTEMS ACCROSS EUROPE." In EU 2021 – The future of the EU in and after the pandemic. Faculty of Law, Josip Juraj Strossmayer University of Osijek, 2021. http://dx.doi.org/10.25234/eclic/18307.

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Last year the Europe and world were facing with COVID-19 outbreak that put at the risk lives of the people and capability of healthcare systems to provide their services. To prevent spread of the COVID-19 governments have imposed restrictive measures, while some of them declared state of emergency. The response to the pandemic influenced on the functioning of the criminal justice system and daily operation of courts, but also on the substantive criminal law since some states are applying criminal law to violation of restrictive measures or to criminalizing disinformation on COVID-19 outbreak. Outbreak of COVID-19 revealed new trends in criminal law like accelerated introduction of new crimes during pandemic, extremely flexible interpretation and rapid changes of criminal laws, which tend to be threat for legal stability and human rights protection. In addition, populist governments tend to use that new trend as a tool in suppression of political dissidents. COVID-19 pandemic has posed unprecedent challenges to the functioning of judiciaries. Courts and prosecution services were working with limited capacities to ensure social distancing. Some countries introduced ICT tools and fast-track procedures to organize hearings, which raised question of procedural rights and protection of rights of defendant. In the article authors assessed whether derogation of fair trial rights was in the line with standards of international human rights law and if introduction of state of emergency and restrictions were proportionate, time limited and needed and whether they changed understanding of the fundamental rights protection, especially right to a fair trial. Furthermore, authors explore whether COVID 19 changed perception of criminal law and legal certainty. Authors assessed how restrictions in the organization of judiciary work influenced on human rights protection and citizens trust in judiciary. Consequently, authors assesses whether some of introduces changes, especially use of ICT tools made permanent changes in operation of courts and understanding of access to justice. Finally, authors are assessing whether these changes tend to erode judiciaries or put into the risk access to justice in the EU members states and candidate countries or whether they jeopardized EU principle of mutual trust.
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Kusuma, Angga, and Subianta Mandala. "State Liability in Legal Protection Against the Defendant That Was Proven Not Guaranteed in The Criminal Action Jurisdiction Process." In Proceedings of the 2nd International Conference on Law, Social Science, Economics, and Education, ICLSSEE 2022, 16 April 2022, Semarang, Indonesia. EAI, 2022. http://dx.doi.org/10.4108/eai.16-4-2022.2319730.

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Bendegúz, Borisz. "Questions of Judicial Interpretation of Certain Felonies in the Trial of the People’s Commissioners of the Soviet Republic of Hungary." In Mezinárodní konference doktorských studentů oboru právní historie a římského práva. Brno: Masaryk University Press, 2022. http://dx.doi.org/10.5817/cz.muni.p280-0156-2022-12.

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Following the fall of the Soviet Republic of Hungary, the criminal prosecution of the political leaders of the former Bolshevik state confronted the courts of the country with a number of problematic questions on the interpretation of both constitutional and criminal law. From a constitutional perspective, establishing the applicable law under which the actions of the defendants would be evaluated was not obvious as the validity of both the Soviet Republic and that of the previous so-called People’s Republic of Hungary were dubious. From a criminal perspective – as at the time being criminal codes lacked specific crimes for the prosecution of political leaders of past dictatorships. Therefore, prosecutors and adjudicating courts tried to evaluate political actions committed using state power as if these would have been committed by private individuals which raised a number of interesting legal problems of interpretation.
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Grudinin, Nikita. "The history of the formation and development of the institute of necessary defense in Russian criminal law." In Development of legal systems in Russia and foreign countries: problems of theory and practice. ru: Publishing Center RIOR, 2021. http://dx.doi.org/10.29039/02061-6-106-115.

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The article deals with the historical aspects of the formation and development of the institute of necessary defense in Russia. The author of the article mentions that the centuries-old history of the development of this institute has developed a criterion that establishes the possibility of self-defense and protection of the rights and freedoms of other people from socially dangerous encroachments, regardless of whether the defending person can resort to the help of others.
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Meyer, Mikaela, Aaron Horowitz, Erica Marshall, and Kristian Lum. "Flipping the Script on Criminal Justice Risk Assessment: An actuarial model for assessing the risk the federal sentencing system poses to defendants." In FAccT '22: 2022 ACM Conference on Fairness, Accountability, and Transparency. New York, NY, USA: ACM, 2022. http://dx.doi.org/10.1145/3531146.3533104.

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Misoski, Boban. "CAN LAW ON PROBATION IMPROVE THE IMPLEMENTATION OF THE MEASURES FOR PROVIDING THE DEFENDANT’S PRESENCE IN THE CRIMINAL TRIALS IN MACEDONIA?" In EU AND MEMBER STATES – LEGAL AND ECONOMIC ISSUES. Faculty of Law, Josip Juraj Strossmayer University of Osijek, 2019. http://dx.doi.org/10.25234/eclic/9012.

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Reports on the topic "Criminal defendant"

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Metzger, Pamela R., Claire Buetow, Kristin Meeks, Blane Skiles, and Jiacheng Yu. Greening Criminal Legal Deserts in Rural Texas. SMU Dedman School of Law, December 2022. http://dx.doi.org/10.25172/dc.10.

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Texas’ rural communities urgently need more prosecutors and public defense providers. On average, Texas’ most urban areas have 28 lawyers for every 100 criminal cases, but rural areas only have five. Many rural prosecutor’s offices cannot recruit and retain enough staff. The Constitution’s promise of equal justice for all remains unfulfilled. Rural Texans charged with misdemeanors are four times less likely to have a lawyer than urban defendants. In 2021, only 403 rural Texas lawyers accepted an appointment to represent an adult criminal defendant. In 65 rural counties, no lawyer accepted an appointment. And the problem is getting worse. Since 2015, Texas has lost one-quarter of its rural defense lawyers. Many of them retired and have not been replaced.
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Nunez Vasquez, Nataly. Understanding Fare Evasion Defendant Compliance: an Assessment of Criminal Records. Portland State University Library, January 2000. http://dx.doi.org/10.15760/etd.7428.

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