Academic literature on the topic 'Criminal procedure – united states – cases'
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Journal articles on the topic "Criminal procedure – united states – cases"
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Cassella, Stefan D. "NATURE AND BASIC PROBLEMS OF NON-CONVICTION-BASED CONFISCATION IN THE UNITED STATES." Veredas do Direito: Direito Ambiental e Desenvolvimento Sustentável 16, no. 34 (May 31, 2019): 41–65. http://dx.doi.org/10.18623/rvd.v16i34.1334.
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This report discusses the goals that asset forfeiture is intended to serve in the federal criminal justice system, the types of property that are subject to forfeiture, and the procedures that are used to initiate, litigate, and conclude asset forfeiture cases. With respect to procedure, its focus is on non-conviction-based (NCB) forfeiture, and especially on the safeguards that protect the property interests and due process rights of property owners.
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Saputra, Rian, Josef Purwadi Setiodjati, and Jaco Barkhuizen. "Under-Legislation in Electronic Trials and Renewing Criminal Law Enforcement in Indonesia (Comparison with United States)." Journal of Indonesian Legal Studies 8, no. 1 (May 31, 2023): 243–88. http://dx.doi.org/10.15294/jils.v8i1.67632.
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This paper aims to propose the implementation of electronic justice within the Indonesian criminal justice system, focusing on the reform of criminal law enforcement. The research methodology employed is normative legal research. The findings of the study reveal two key points. Firstly, it is crucial to regulate digital-based criminal justice at the legislative level, particularly through the reform of the Code of Criminal Procedure (KUHAP). The current implementation of electronic criminal trials presents challenges, and the legal foundation for conducting such trials is established by external entities rather than the legislative institution. Therefore, incorporating regulations on electronic criminal trials in future KUHAP reforms is vital to facilitate criminal law reform. As it stands, electronic criminal trials lack specific legal regulations. Secondly, the existing KUHAP does not sufficiently address the issue of technological advancements, as it cannot anticipate rapid changes in technology. Consequently, a legal framework should be established to address this issue. This framework should ensure the availability of modern technological devices and necessary resources to facilitate digital-based criminal justice. Additionally, it should introduce laws governing electronic courts and initiate legal reforms through the revision of Law Number 8 of 1981 concerning Criminal Procedure Law (KUHAP). To provide an example, the United States has regulated electronic criminal proceedings through the Coronavirus Aid, Relief, and Economic Security Act (CARES Act), which implements fiscal stimulus policies and allows for video conferencing in certain cases. Such regulations can serve as a reference point for the implementation of electronic criminal proceedings in Indonesia.
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Amelia Putrina Lumbantobing, Sudirman Sitepu, and Herlambang. "COMPARISON OF PLEA BARGAINING IN THE UNITED STATES WITH “SPECIAL LINE” IN THE DRAFT BOOK OF CRIMINAL PROCEDURE CODE (KUHAP) IN INDONESIA." Bengkoelen Justice : Jurnal Ilmu Hukum 13, no. 2 (December 17, 2023): 274–89. http://dx.doi.org/10.33369/jbengkoelenjust.v13i2.31572.
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Plea Bargaining is a faster and more efficient way of resolving criminal cases, where if the Defendant has admitted guilt, the Defendant or his attorney can make an agreement with the public prosecutor regarding the form of indictment and a lighter sentence. Plea Bargaining is widely embraced by Common Law countries. However, in its development, the success of the United States in reducing the pile of cases by using Plea Bargaining has been followed by Civil Law countries such as Germany, France, Russia, Georgia, the Netherlands, Italy, Taiwan. Even in an effort to reform the criminal justice procedural law, Indonesia has also adopted the basic concept of Plea Bargaining into the Draft Criminal Procedure Code with a concept called "Special Line". However, the concept of the Special Line has many differences so that it cannot be fully equated with the Plea Bargaining adopted by the United States. This is because Indonesia adheres to an inquisitorial system, not an adversary system. For this reason, Indonesia needs to study the successes and failures of Plea Bargaining in the United States, so that the Special Line concept that is to be implemented in Indonesia is a concept that has been adapted to the conditions of the criminal justice system in Indonesia.
Keywords: Plea Bargaining, Special Line, Guilty Confession
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Yengibaryan, R. V. "Legal cooperation between Russia and the USA: historical roots of modern problems." Journal of Law and Administration 15, no. 2 (October 10, 2019): 3–11. http://dx.doi.org/10.24833/2073-8420-2019-2-51-3-11.
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Introduction. Relations between Russia and the United States have nearly three centuries of history, and for more than two hundred years the countries had diplomatic relations which were interrupted for sixteen years from 1917 to 1933. Perhaps the XIX century was the most peaceful and fruitful for our countries when the interests of the Russian Empire and the United States on the world stage did not contradict each other, often coincided, thus excluding confrontation between the two nation-states. The XIX century for Russia and the United States was marked by the singing of a number of bilateral treaties, including the treaty on the extradition of criminals, which consolidated their partnership.On the contrary, the XX century is marked by unstable and cyclical relations between the two countries. The rejection of Soviet power, the long period of non-recognition of the Soviet Union was followed in 1933 by mutual multifaceted cooperation between the USSR and the United States, which included the legal sphere, and by the allied relations during the Second World War. The second half of the twentieth century was the time of open confrontation between the two world giants, when the crisis of relations between the USSR and the United States put the world on the brink of world war III. In such conditions, there could be no talk of improving the legal framework of legal cooperation, and the agreement on the procedure for execution of court orders concluded in 1935 did not find its practical application.Modern Russia has assumed the entire burden of problems and contradictions in legal cooperation with the United States. Searching for ways out of them is possible only on the basis of historical analysis of their prerequisites, taking into account the peculiarities of modern international relations.Materials and methods. The methodological basis of the study is the dialectical method of cognition of phenomena in the relationship and mutual conditionality using a set of general and particular scientific methods of cognition of reality. The historical method contributed to the restoration of the chronological sequence of legal cooperation between Russia (USSR) and the United States. The method of actualization made it possible to identify the historical factors that determined the peculiarities of international cooperation in the legal sphere. The method of diachronization made it possible to identify certain successive stages in the development of international legal cooperation between Russia (USSR) and the United States, to compare them, to identify patterns of development.Results. In the framework of the study, the author found that inter-state legal cooperation is an integral part of the foreign policy of states. The international legal basis of cooperation between Russia and the United States in civil, family and criminal cases was created in a different historical era, does not meet modern international relations, and is poorly implemented by the justice authorities of the two States.There is no treaty on legal assistance in civil and family matters that is fundamental to the protection of the rights and legitimate interests of citizens of both States, and there are no provisions on extradition in the Treaty on legal assistance in criminal matters.Discussion and Conclusions. The international legal framework of cooperation between the Russian Federation (and earlier - the Soviet Union) and the United States of America in the legal sphere; the problems of implementation of international legal assistance in civil, family and criminal cases are researched. The main provisions of the Treaty on mutual legal assistance in criminal cases of 2000; multilateral Conventions on the service abroad of judicial and extrajudicial documents in civil or commercial cases of 1965 are analyzed. The 1958 Convention on the recognition and enforcement of foreign arbitral awards, the 1935 Agreement “On the procedure for the execution of court orders between the Union of Soviet Socialist Republics and the United States of America” were explored. The prospects for the development of legal cooperation between Russia and the United States are shown.
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Mann, Kenneth. "Miscarriage of Justice and the Right to Representation." Israel Law Review 31, no. 1-3 (1997): 612–44. http://dx.doi.org/10.1017/s0021223700015429.
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In modern criminal procedure it is generally held that reliability of results and basic fairness in criminal trials require that a defendant have legal counsel. Prevention of miscarriage of justice is tied closely, in the minds of policy makers and judges, with vigorous representation by competent counsel. As against these presuppositions how should one understand a modern system of criminal procedure, such as that in Israel, that does not have a broad right of representation for suspects or defendants in criminal cases?It is by now axiomatic in England and the United States that nearly all defendants in criminal cases have a right to representation. This right encompasses not just the opportunity to bring one's privately retained counsel to court, but also an irrebuttable claim by indigents to have the counsel's bill paid by the state or other public entity. The right to counsel is a broad right, entailing a principle of equality in which representation by counsel is independent of the defendant's ability to pay. In Israel, in contrast, the right to representation in criminal cases is significantly narrower.
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Iurkevich, Mariia Aleksandrovna. "Application of the results of 3D video modeling in averment on criminal cases: US and Russian legal framework." Право и политика, no. 9 (September 2021): 58–71. http://dx.doi.org/10.7256/2454-0706.2021.9.36355.
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This article reviews most controversial issues pertaining to legal, organizational and actual possibility of using 3D video modeling in averment on criminal cases. The author analyzes the approach adopted in the US legal system towards application of video models of evidence in judicial proceedings, distinguishing between the main forms of 3D video models that exist in the US criminal procedure. Leaning on the analysis of particular judicial precedents and normative acts that regulate the questions of criminal proceedings in the United States, the author outlines the conditions (rules) for admissibility of 3D evidence. Applicable to the criminal procedure of the Russian Federation, the article formulates the legal framework for using video modeling in criminal proceedings, as well as gives a general description to the system of criminal procedural guarantees that ensure the rights of the individual in the context of using video modeling, and accuracy of information acquired from such evidence. The research employs the general philosophical method of materialistic dialectics, methods of analysis, synthesis, legal experiment, and comparative legal method. The scientific novelty consists in the fact that the author is one of the first to explore the question of using the results of video modeling in criminal proceedings in the Russian Federation. The analysis of the US law enforcement experience on the subject matter is of particular relevance due to accumulation of the vast practical experience in adapting video modeling technology to the needs of criminal justice of the XXI century. The doctrine of the national criminal procedure had not previously to determine the role of 3D video modeling in averment on criminal cases. The author's conclusions on the need to use the results of video modeling, including immersive reality, not only in expert activity, but also in criminal procedure (for example, in the course of hearing of arguments) are aimed at the transformation of criminal proceedings with regards to its optimization via digitalization.
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Fratama, Rezky Abdi. "JALUR KHUSUS (PLEA BARGAINING) DALAM HUKUM ACARA PIDANA." Badamai Law Journal 5, no. 2 (October 5, 2021): 230. http://dx.doi.org/10.32801/damai.v5i2.10755.
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Apart from analyzing, this research aims to know whether the concept of Jalur Khusus (Plea Bargaining) in settlement of criminal cases matches the legality Principle. Moreover, the research aimed to analyze how the legal arrangement of Jalur Khusus (Plea Bargaining) is in criminal procedural law in future. The used research method is normative legal research that focuses on exploring whether the concept of Jalur Khusus (Plea Bargaining) in settlement of criminal cases matches the legality. The second focus is to explore how the legal arrangement of Jalur Khusus (Plea Bargaining) is in criminal procedural law for the future. This research uses the approach of legislation (Statute Approach), primarily Law No. 8 of 1981 on the Criminal Procedure code, along with all its implementing regulations and other relevant legislation, conceptual approach (Conceptual Approach), especially about the special pathways (Plea Bargaining), and comparative approach (Comparative Approach) specifically the arrangement of plea bargaining in other countries such as the United States, Canada, United Kingdom, France, Georgia, Poland and Italy. The research results, namely the Jalur Khusus (Plea Bargaining) concept in settlement of criminal cases, are not appropriate or contrary to the Legality Principle. The reason is the system of proof, and formal truth will be hindered. According to an article in 3 KUHAP, it is already explicitly mentioned that the judiciary is carried out in the way stipulated in the law a quo. The legal arrangement of the concept of "Jalur Khusus" in the Criminal Procedural Law for the future in accordance with the context of the criminal justice system in Indonesia. Also, following the Principle of simple justice quickly and lightly costs are clarifying the negotiating parties in a special line, things negotiated in a special line, adding regulation of stages in a special path, criminal acts that can use special channels, and the form of agreement and binding power in jalur khusus.
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Berger, Benjamin L. "Judges, Juries, and the History of Criminal Appeals." Law and History Review 29, no. 1 (February 2011): 297–302. http://dx.doi.org/10.1017/s073824801000129x.
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The three articles offered in this forum on the early history of criminal appeals do us the great service of adding much of interest on this important but neglected issue in the development of Anglo–North American criminal procedure. The opaqueness of the legal history of criminal appeals stands in stark contrast to their centrality and apparent naturalness in contemporary criminal justice systems in England, Canada, and the United States. These three papers look at the period leading up to and immediately following the creation of the first formalized system of what we might call criminal appeals, the establishment of the Court of Crown Cases Reserved (CCCR) in 1848. This key period in the development of the adversary criminal trial was marked by both a concerted political effort to codify and rationalize the criminal law and by profound structural changes in the management of criminal justice.
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Fajrin, Yaris Adhial, Dedeng, Alendra, Nandang Sutisna, Aisyah, and Ridha Kurniawan. "Analysis of the Application of Plea Bergaining In Settlement of Curruption Cases in Indonesia." Journal of Law and Sustainable Development 11, no. 4 (August 11, 2023): e608. http://dx.doi.org/10.55908/sdgs.v11i4.608.
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Objective: The application of Plea Bergaining in the Settlement of Corruption Cases in Indonesia is carried out for the welfare of the people. The law on the eradication of criminal acts of corruption actually regulates several provisions that use the perspective of recovering state financial losses. Theoretical Framework: The framework of setting up a national legal system as the character of the Indonesian nation. Legal issues in Indonesia are right now exceptionally overpowering. Method: However, in practice, law enforcers are still oriented towards corporal punishment (prison). Therefore, a breakthrough in the field of law in dealing with corruption is urgently needed. A new method or concept of handling corruption problems should be put forward with more emphasis on efforts to recover state losses. Results and conclusions: The settlement of corruption cases within the Joined Together States is settled utilizing supplication bartering, this can be due to the solid proof of the open prosecutor and the accused/defendant voluntarily admitting blame. Research Implications: Attention is the concept of Plea Bargaining which is commonly used in criminal justice practices used in common law countries, especially in the United States, which has been adopted in the Draft Law on Criminal Procedure Law under the name of the particular way concept. Originality/value: An update and breakthrough is basically required inside the criminal value system in Indonesia, which in this case is certainly based on a foothold that an overhaul in texture and formal criminal law has finished up a ask.
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Almi, Ara Annisa. "Plea Bargaining System as a Non-Litigation Settlement In The Framework of Repositioning Criminal Justice In Indonesia." Andalas Law Journal 8, no. 1 (July 28, 2023): 18. http://dx.doi.org/10.25077/alj.v8i1.40.
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In its development, Plea Bargaining was accommodated into a written rule in 1970, when the court decided the case of Brady v United States. The Plea Bargaining System uses methods in civil law to resolve criminal cases. Indonesia's legal system can adopt the Plea Bargaining concept into the criminal justice system. The drafting team introduced the term Plea Bargaining in the Academic Paper of the Draft Criminal Procedure Code (NA RUU KUHAP). This design is considered different from the initial concept applied in other countries. Therefore, an analysis of legal protection and certainty for justice seekers (justiciabelen) is needed. The research method used is normative juridical, namely by studying secondary data and understanding law as a set of rules related to Plea Bargaining.
Dissertations / Theses on the topic "Criminal procedure – united states – cases"
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Aceves, Gabriela. "An analysis of plea bargaining." CSUSB ScholarWorks, 1992. https://scholarworks.lib.csusb.edu/etd-project/744.
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Law, William L. "An argument advocating reform in the appellate process of U.S. capital cases." Honors in the Major Thesis, University of Central Florida, 2000. http://digital.library.ucf.edu/cdm/ref/collection/ETH/id/197.
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This item is only available in print in the UCF Libraries. If this is your Honors Thesis, you can help us make it available online for use by researchers around the world by following the instructions on the distribution consent form at http://library.ucf.edu/Systems/DigitalInitiatives/DigitalCollections/InternetDistributionConsentAgreementForm.pdf You may also contact the project coordinator, Kerri Bottorff, at kerri.bottorff@ucf.edu for more information.Bachelors
Arts and Sciences
Political Science
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Whitehead, Daniel K. "An historical study of a criminal defendant's right to exculpatory information under the protection of the Fifth and Fourteenth Amendments of the United States Constitution." Virtual Press, 1996. http://liblink.bsu.edu/uhtbin/catkey/1033641.
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This study has presented a comprehensive historical overview of the context and significance of a, criminal defendants constitutional right to due process of law. The evidence suggests that, in many circumstances, a criminal defendant is not being afforded our most basic constitutional guarantee of fairness and justice for allOne of the primary objectives of this study was to develop a working definition for journalists to better understand the fundamental concepts of a defendants right to exculpatory evidence during criminal proceedings.Since 1791, the Supreme Court has had to continually broaden a criminal defendants right to exculpatory information. In case after case, a similar fad pattern has shown that pauper criminal defendants with court appointed attorneys having to compete against state or federal prosecutors with unlimited investigative and legal research funding This disparity is further compounded when the state or government prosecutors define to turn over information or evidence which could help the defendants case.Further analysis identified other problem areas within the scope of due process which deserve significant attention such as: the grand jury process, plea-bargains, probable cause warrants, and post-conviction hearings.Department of Journalism
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Arrieta, Caro José. "Rise and Fall of the Constitutional Right to a Jury Trial for Criminal Cases in the United States." Pontificia Universidad Católica del Perú, 2017. http://repositorio.pucp.edu.pe/index/handle/123456789/115996.
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Since its appearance in Europe, the trial by jury had to travel a long path until it became the official procedure to try criminal cases in the United States. Although it was not really created with that specific purpose, over the years it experienced memorable moments in which it was granted with the prestige and value required to be inserted in the Constitution of that country, as a safeguard against the arbitrariness of the governmental power. Today, however, the great importance that it had in the past has significantly decreased. The needs and practices of a system with a particularly high rate of convictions have relegated and transformed it into a real endangered specie. The following article describes and explains its birth and rise, as well as its subsequent virtual disappearance due to the not so efficient as dangerous guilty pleas.Desde su aparición en Europa, el juicio por jurados tuvo que recorrer un largo camino para convertirse en el método oficial de juzgamiento de casos penales en los Estados Unidos. A pesar de que no fue creado exactamente con esa finalidad, tuvo varios momentos memorables durante su desarrollo que le otorgaron el prestigio y valor necesarios para insertarse en la Constitución de ese país como una garantía frente al abuso del poder. Hoy, sin embargo, la gran importancia que alguna vez tuvo ha quedado atrás. Las necesidades y prácticas propias de un sistema con una altísima tasa de condenas han terminado por relegarlo, convirtiéndolo en una verdadera especie en peligro de extinción. El siguiente artículo describe y explica el nacimiento y auge de los juicios por jurados para causas penales y su posterior virtual desaparición a manos de los no tan eficientes como peligrosos acuerdos negociados de condena.
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Aaby, Makenzie Laron. "An Assessment of Sentencing Disparities among American Indians within the Eighth, Ninth, and Tenth Federal Circuit Courts." PDXScholar, 2018. https://pdxscholar.library.pdx.edu/open_access_etds/4459.
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Assessing the effect of race on crime is an important topic of criminology and criminal justice research. Prior investigations have sought to uncover if racial disparities exist within certain aspects of the criminal justice system, such as arrests, trials, and sentencing. The existing scholarship, however, has largely focused on assessing differences between Black and Hispanic offenders in relation to White offenders. There has been little academic exploration to examine if racial disparities exist among American Indian offenders during criminal justice processing. To address this gap in knowledge, this study analyzes data collected from the United States Sentencing Commission to assess if American Indians receive different sentencing outcomes, when compared to other racial groups. The findings from a series of binary logistic and ordinary least square regression analyses suggest that American Indians are sentenced to prison more often than White, Black, and Hispanic offenders, but receive similar sentence lengths compared to Whites and shorter sentence lengths compared to Blacks and Hispanics. The implications of these results are discussed.
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Youngblood, Michelle K. "Juvenile Justice Sentencing: Are There Alternatives?" Thesis, University of North Texas, 2000. https://digital.library.unt.edu/ark:/67531/metadc2664/.
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Research indicates that states have implemented juvenile justice reforms to enact harsher punishments, to transfer greater numbers and younger juvenile offenders to adult criminal court, and to restrict discretion of the juvenile court judges. Social science studies have found that harsher punishments, transfers to adult criminal court and other measures do not work, but that comprehensive approaches which address the numerous major factors contributing to juvenile offending have been successful. This study examined the legal status of the juvenile justice system by focusing upon ten diverse sample states and analyzed the social science research on factors contributing to juvenile offending and on prevention, treatment, and rehabilitation approaches. The study was accomplished by legal research, qualitative social science research, and analysis of both. Findings indicated:
a) state statutes require and allow adult punishment of juvenile offenders, transfer of juvenile offenders to adult criminal court, and direct filing of charges against juveniles in adult criminal court; most states begin these proceedings at age 14, some have no age minimum;
b) social science research indicates numerous factors contribute to juvenile offending with most of the factors categorized into the major factors of early antisocial behavior, deviant peers, parents and family, sociomoral reasoning, biological factors, and violence which interact with each other creating a complicated web; and
c) prevention, treatment, and rehabilitation efforts should be comprehensive, multidimensional and multimodal addressing the interacting major factors contributing to juvenile offending and the needs of the juvenile, the family, and the home environment.
Implications include the need for legislators to access the social science research to craft legislation and programs which are effective. Suggestions for improvement include collaboration within communities and with knowledgeable and committed social science professionals and educators. Areas suggested for further research include education of the public, the media, and stakeholders; long term follow-up on promising programs; design and improvements in approaches based upon the social science research; meeting the needs of the juvenile, the family, and the home environment; and study of how the factors may differ for disabled juveniles.
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Heinsohn, Brian D. "Effects of pleading the fifth amendment on juridic decisions." Virtual Press, 1997. http://liblink.bsu.edu/uhtbin/catkey/1045623.
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This study examined the effects that a defendant's pleading of the fifth amendment during a criminal trial had on simulated juror's decisions regarding verdict, likelihood of guilt, certainty of guilt, sentence severity, and perceptions of the defendant's character. One hundred fifty-five undergraduate psychology students read one of three versions of a transcript, based on a trial of a man charged with theft, in which the defendant did not plead the fifth (control), plead the fifth, or plead the fifth possibly for reasons other than hiding involvement in the crime (i.e. having an affair). Results showed that the two fifth amendment conditions found the defendant to be more likely guilty than the control condition. Also, a factor analysis suggested that an honest and a relaxed dimension best described the defendant's character. In addition, it was discovered that perceptions of the defendant's honesty mediated the effects of perceived likelihood of guilt.Department of Psychological Science
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Garland, Ross. "Cross-citation in death penalty cases and the internationalisation of human rights." Thesis, University of Oxford, 2015. http://ora.ox.ac.uk/objects/uuid:5058e6e1-26f6-4207-8ce0-9fa80bde5e43.
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This thesis examines why courts in the United States of America (US), India and South Africa refer to foreign law in death penalty cases. To gain an understanding of what drives the apex courts of the US, India and South Africa to cite foreign law when considering domestic death penalty issues, this thesis proposes a three-part matrix to both assess the relevant case law and to analyse the academic literature on cross-citation. Firstly, it will be demonstrated that judges in national courts cross-cite comparative law out of a primary interest in constitutional interpretation. Cross-citation is used in this manner to assist judges in their domestic interpretative tasks. Secondly, it will be illustrated how courts that engage in the citation of foreign law also seek guidance from other jurisdictions as to the content of shared values, such as what type of punishment does not fundamentally and unlawfully violate the right to human dignity. Finally, this thesis assesses to what degree courts from the three selected jurisdictions are additionally referencing or applying a customary international law norm when citing foreign sources. The argument is made that the domestic courts under examination engage with comparative law in the context of a broader transnational normative project, taking the international human rights framework that developed after the Second World War as a key reference point. In doing so, this thesis argues that these courts are at times recognising and developing emerging customary norms, and at other times giving effect to and enforcing applicable international human rights law.
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LIN, CHUN HUNG, and 林俊宏. "The Burden of Proof in Criminal Cases - A Lesson from The United States." Thesis, 2005. http://ndltd.ncl.edu.tw/handle/81940106401511105986.
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Basdeo, Vinesh. "A constitutional perspective of police powers of search and seizure in the criminal justice system." Diss., 2009. http://hdl.handle.net/10500/3449.
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Before 1994 criminal procedure was subject to the sovereignty of Parliament and the
untrammelled law enforcement powers of the executive which resulted in the
authoritarian and oppressive criminal justice system of the apartheid era. The
Constitution, Act 108 of 1996 has since created a democratic state based on the
values of the supremacy of the Constitution and the rule of law. The basic principles
of criminal procedure are now constitutionalised in the Bill of Rights. The Bill of
Rights protects the fundamental rights of individuals when they come into contact
with organs of the state which includes the police. The Criminal Procedure Act 51 of
1977 authorises the police to search for and to seize articles, and has long provided
the only legal basis for obtaining warrants to search for and to seize articles and for
performing such actions without a warrant in certain circumstances. Generally the
standard for these measures and actions taken under their purview has been one of
reasonableness. Since the birth of the Constitution there has been additional
constraints on search and seizure powers. Not only are there now constitutionalised
standards by which such legal powers are to be measured, but there is also the
possibility of excluding evidence obtained in course of a violation of a constitutional
right. The provisions of the Criminal Procedure Act are now qualified by the
Constitution. Where feasible a system of prior judicial authorisation in the form of a
valid search warrant obtained on sworn information establishing reasonable grounds
is a precondition for a valid search or seizure. Search and seizure without a warrant
is permitted only in exceptional circumstances such as an immediate threat to
person or property. By prohibiting unreasonable searches and seizures the
Constitution places important limits on police efforts to detect and investigate crime.
The Constitution appreciates the need for legitimate law enforcement activity.Criminal and Procedural Law
LL.M.
Books on the topic "Criminal procedure – united states – cases"
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1956-, Levenson Laurie L., ed. Criminal procedure. New York, NY: Aspen Publishers, 2008.
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Cook, Joseph G. Criminal procedure. 7th ed. New Providence, NJ: LexisNexis, 2009.
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Cook, Joseph G. Criminal procedure. New Providence, NJ: LexisNexis, 2014.
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Moskovitz, Myron. Cases & problems in criminal procedure: The police. New Providence, NJ: LexisNexis, 2014.
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Moskovitz, Myron. Cases & problems in criminal procedure: The courtroom. 5th ed. New Providence, N.J: LexisNexis Matthew Bender, 2009.
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Carmen, Rolando V. Del. Criminal procedure: Law andpractice. 2nd ed. Pacific Grove, Calif: Brooks/Cole Pub. Co, 1991.
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Chemerinsky, Erwin. Criminal procedure: Investigation. New York, NY: Aspen Publishers, 2008.
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Carmen, Rolando V. Del. Criminal procedure: Law and practice. 5th ed. Belmont, CA: Wadsworth/Thomson Learning, 2001.
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Carmen, Rolando V. Del. Criminal procedure: Law and practice. 8th ed. Belmont, CA: Wadsworth Cengage Learning, 2010.
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Carmen, Rolando V. Del. Criminal procedure: Law and practice. 7th ed. Belmont, CA: Thomson/Wadsworth, 2006.
Find full textBook chapters on the topic "Criminal procedure – united states – cases"
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Schehr, Robert. "A View from the United States." In The Criminal Cases Review Commission, 205–18. London: Palgrave Macmillan UK, 2012. http://dx.doi.org/10.1057/9780230245266_15.
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Фурса, Євген Євгенович. "7. Вчинення консулом виконавчого напису на документах, що встановлюють заборгованість." In Серія «Процесуальні науки», 127–40. Київ, Україна: Видавництво "Алерта", 2021. http://dx.doi.org/10.59835/978-617-566-691-3-7.
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The article analyzes national legislation, in particular, the Family Code of Ukraine, the Law of Ukraine "On Notaries", the ConsularCharter of Ukraine, the Regulation on the Procedure for Performing Notarial Actions in Diplomatic Representations and Consular Institutionsof Ukraine and international treaties in order to harmonize them with a view to empowering the consul with making an executive inscription on the documents establishing the debt.The article analyzes the Convention on Legal Assistance and Legal Relations in Civil, Family and Criminal Cases (Minsk Convention),bilateral treaties of Ukraine with India, Poland on legal assistance. When studying the issue of the possibility of executing an executive inscription made by a Ukrainian state notary, a consul on the territory of foreign states, the Convention on the international recovery of alimony for the maintenance of children and other types of family support was analyzed, Instruction on the implementation of this Convention in Ukraine, a number of proposals have been made to improve the legislation governing the procedure for making an executive inscription by the consul.
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Lerner, Renée Lettow. "Jury control and avoidance." In The Jury: A Very Short Introduction, 110—C7P54. Oxford University PressNew York, 2023. http://dx.doi.org/10.1093/actrade/9780190923914.003.0008.
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Abstract This chapter addresses ways that legal systems deal with the limitations of juries, either by controlling them or avoiding them. England had a separate legal system, called equity in the Court of Chancery, that used a juryless procedure to decide complicated cases. In the United States in civil cases, pretrial discovery of evidence encourages parties to settle before jury trial, and sometimes judges can award summary judgment without a jury. Almost all countries have virtually abolished civil juries, except the United States. English and American methods of jury control include the law of evidence, judicial instructions on law, and judicial comment on evidence. Appeal of decisions can be a powerful control. In criminal cases, many countries have developed ways around jurors, including abbreviated procedures such as plea bargaining. In the United States, both civil and criminal jury trials are now rare. Some countries have abolished jury trials in all cases.
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Mohandie, Kris, and Jens Hoffmann. "International Legal Perspectives on Threat Assessment." In International Handbook of Threat Assessment, edited by J. Reid Meloy and Jens Hoffmann, 345–59. Oxford University Press, 2021. http://dx.doi.org/10.1093/med-psych/9780190940164.003.0019.
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Threat assessment and threat management occur within the evolving context of legal issues that both enhance and restrict threat investigation and intervention activities. Legal issues affecting threat management practice in Europe and the United States include criminal code statutes and case law that define relevant crimes such as stalking, criminal threats, domestic violence, and other violent crimes that fall within the purview of threat assessors. Additional issues include civil commitment procedures such as involuntary hospitalization, as well as bail and probation conditions. New developments in threat management–related laws are usually precipitated by tragedy and violence. Most recently, in the United States, this led to red flag laws and Extreme Risk Protection Orders in the aftermath of the Parkland, Florida, school shooting in 2018. Similarly, in Germany, the suicide of a stalking victim has resulted in greater sensitivity by the legal system to victim impact in stalking cases. Red flag law preliminary research data related to threat reduction have been promising, and ideally the impact of legislative changes in multiple threat management contexts on victim safety should continue to be assessed so that evidence informs violence risk legal responses.
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McCorquodale, Robert. "The Litigation Landscape of Business and Human Rights." In Human Rights Litigation against Multinationals in Practice, 1–23. Oxford University Press, 2021. http://dx.doi.org/10.1093/oso/9780198866220.003.0001.
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Robert McCorquodale outlines the wider business and human rights context of human rights litigation against multinationals and explains key concepts that arise. He highlights differences between civil law and common law systems in terms of sources of law and procedures, and between criminal and civil claims against multinationals. The concepts of separation of corporate identity and the tort law duty of care developed in the English cases are considered. The principles of European law on jurisdiction over corporations and choice of law are explained. The relevance, in multinational human rights cases, of public international law and sovereignty issues in forum non conveniens disputes, claims in the United States under the Alien Tort Statute, and by direct application in States such as Canada and the Netherlands, is discussed. The important contextual backdrop of developments such as the United Nations Guiding Principles (UNGPs), the Organisation for Economic Co-operation and Development (OECD) Guidelines and other international standards is also highlighted.
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Zimring, Franklin E. "The Executioner’s Dissonant Song: On Capital Punishment And American Legal Values." In The Killing State, 137–47. Oxford University PressNew York, NY, 1998. http://dx.doi.org/10.1093/oso/9780195120868.003.0007.
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Abstract This essay concerns the implications of the practice of capital punishment on American legal values and procedures. I argue that a conflict between the death penalty and legal values takes place at three levels. First, any death penalty conflicts with substantive principles of human dignity in obvious ways. This is why proponents of the penalty avoid phrasing their arguments as if basic questions of the constitution of government were at issue. Second, attempts to reduce the delays that bog down executions necessarily undermine the integrity of the legal process in death penalty cases. Third, the compromises made to speed up executions threaten respect for due process throughout the criminal justice system in jurisdictions that execute. The conflict about executions in the United States is not, in this view, a temporary phenomenon associated with a transition toward executing prisoners as business-as-usual. Instead, the clash between the operational needs of an execution system and the principles and procedures of American legal culture is fundamental. Either the basic rules and values will change or the practice of execution will remain infrequent, conflict-laden, and problematic. Capital punishment can only come to be regarded as normal state behavior by reimagining fundamental principles of fairness in criminal justice.
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Karpova, Nataliya, and Grigoriy Zabarniy. "LEGAL REGULATION OF CRIMINAL LIABILITY OF JUDGES FOR MAKING AN UNJUST DECISION IN UKRAINE: CURRENT STATUS." In European vector of development of the modern scientific researches. Publishing House “Baltija Publishing”, 2021. http://dx.doi.org/10.30525/978-9934-26-077-3-35.
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Subject of study. The article is determined for studying such a question as the recognition by the Constitutional Court of Ukraine of Article 375 of the Criminal Code of Ukraine as inconsistent with the Constitution of Ukraine (unconstitutional). The suggested article includes investigating such a question as the defining and applying of the notions “wittingly unjust” and “injustice” in Ukrainian law, taking into account the Decision of the Constitutional Court of Ukraine № 7-p/2020 dated June 11, 2020. Methodology. In this study, the authors used the logical method, the method of semantic analysis, as well as the comparative law method. The purpose. The purpose of this article is analyzing the method and arguments for recognizing the unconstitutionality of Article 375 of the Criminal Code of Ukraine, which have been used by the Constitutional Court of Ukraine in the Decision of the Constitutional Court of Ukraine № 7-p/2020 dated June 11, 2020, as well as delineation of the limits and grounds of criminal liability of judges for making unjust decisions after the abolition of Article 375 of the Criminal Code of Ukraine. The authors consider the definition and application of the terms “wittingly unjust” and “injustice” in judicial practice in Ukraine. The authors consider the options for defining the terms “wittingly unjust” and “injustice”, which were developed by Ukrainian lawyers. The authors conclude that there is no generally accepted definition of the terms “wittingly unjust” and “injustice” both in Ukrainian judicial practice and in Ukrainian legal science. The authors come to the conclusion that the concept of “injustice” cannot be used in modern Ukrainian law enforcement practice because it is not defined. The authors analyze the procedure for instituting a criminal case against a judge for a wittingly unjust court decision and conclude that this procedure leads to delegating the function of a judge to assess a court decision to the prosecutor, which is prohibited by the Constitution of Ukraine. The author review the international standards of criminal liability of judges for the issuance of court decisions in comparison with the arguments of the Constitutional Court of Ukraine to establish the unconstitutionality of Article 375 of the Criminal Code of Ukraine. From the above data, the authors concluded that the arguments of the Constitutional Court of Ukraine to establish the unconstitutionality of Article 375 of the Criminal Code of Ukraine duly justify the repeal of Article 375 of the Criminal Code of Ukraine. The main attention is given to the assessment of the Decision of the Constitutional Court of Ukraine № 7-p/2020 dated June 11, 2020 by the international legal institutions – the European Community and the United Nations. The authors used a logical method to analyze cases of Ukrainian judges making unjust court decisions and found signs of corruption offences or human rights violations in these cases. Сonclusion of the study. Therefore, the authors propose to proceed judges to criminal liability for the corruption offenses in cases where judges judge an unjust court decision. Value/originality. This study is an оriginal proposal to solve the current problem of regulating the criminal liability of judges for the issuance of an unjust court decision at present, after the repeal of Article 375 of the Criminal Code of Ukraine.
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Lloyd, Ian J. "9. National and international responses to computer-related crime." In Information Technology Law, 161–72. Oxford University Press, 2020. http://dx.doi.org/10.1093/he/9780198830559.003.0009.
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Computer related crime features increasingly prominently in criminal statistics. As we move towards a cashless society where money is represented by data held on a computer system, so the range and scale of conduct is assuming almost epidemic proportions. Significant issues arise whether and where particular forms of conduct constitute criminal offences. These decisions have historically been a matter for national authorities. As with many issues covered in this book, the emergence of the Internet has brought about significant changes as it has become increasingly apparent that national legislation can be of limited effectiveness. Although cross-border conduct has occurred for very many years and the doctrine of extradition is a well-established one, such actions were the exception to a norm in which all aspects of conduct occurred in a single jurisdiction. The United Kingdom’s legislative history in the field of computer related crime date to the Computer Misuse Act of 1990. In many respects, this legislation restated the position that had been reached under common law where a number of cases had determined that computer related conduct could be prosecuted under existing provisions of the criminal law. In 2001 the Council of Europe Cybercrime Convention was opened for signature and remains the most significant international instrument in the field, having been ratified by almost all European States and a number, including the United States, of non-European jurisdictions. As well as making provision for harmonising substantive criminal offences, there have been moves to enhance cooperation between law enforcement agencies at a procedural level.
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Miller, Mark C. "Trial Courts: Criminal Cases." In Judicial Politics in the United States, 109–33. Routledge, 2018. http://dx.doi.org/10.4324/9780429493607-5.
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"United States Perspective." In Obtaining Evidence Abroad in Criminal Cases 2010, 1–13. Brill | Nijhoff, 2010. http://dx.doi.org/10.1163/ej.9789004178823.i-657.4.
Full textConference papers on the topic "Criminal procedure – united states – cases"
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Yeh, Victoria, C. Alberto Figueroa, Andrea Les, Jacqueline P. Ho, Ronald Dalman, and Charles A. Taylor. "Using Computational Fluid Dynamics to Design and Optimize a Novel Endovascular Procedure for Carotid Stenosis Repair." In ASME 2008 Summer Bioengineering Conference. American Society of Mechanical Engineers, 2008. http://dx.doi.org/10.1115/sbc2008-193042.
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The carotid arteries, located in both sides of the neck, are critical to supplying oxygenated blood to the brain. Over time, atherosclerotic plaque may accumulate in these vessels, causing them to narrow, which results in a reduced cerebral blood supply. This condition is known as carotid artery stenosis. In addition, small pieces of this plaque may become dislodged and travel to the brain, resulting in a stroke. Seven hundred thousand Americans suffer a stroke in the United States each year, and 150,000 cases are fatal, making it the third leading cause of death in the United States.
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Lawlor, Michael, Eamon Kavanagh, Pierce Grace, Tim McGloughlin, and Michael Walsh. "Strength of Atherosclerotic Plaque in Carotid Artery." In ASME 2009 Summer Bioengineering Conference. American Society of Mechanical Engineers, 2009. http://dx.doi.org/10.1115/sbc2009-206598.
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Atherosclerotic disease in the carotid artery is a high risk factor for stroke. Stroke is the third-leading cause of death, constituting approximately 700,000 cases each year in the United States [1]. The susceptibility of atherosclerotic plaque to rupture during the carotid angioplasty and stenting (CAS) procedure [2] makes it necessary to determine the force the plaque can withstand without the risk of embolisation.
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Dhivani Gusmi, Adibah, and Achmad Nurmandi. "Algorithmic Government Framework to Support Government Data Disclosure." In 8th International Conference on Human Interaction and Emerging Technologies. AHFE International, 2022. http://dx.doi.org/10.54941/ahfe1002779.
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This study aims to analyze the working concept of government algorithms in supporting government data openness. The focus of this research was on the United States, United Kingdom, the Netherlands, and Spain. In the digital era, the government is guided to be active in providing information to the public. This study focuses on implementing data disclosure in the United States, England, the Netherlands, and Spain. This study uses qualitative methods, and the tools used for statistical and bibliometric analysis are VOSviewer and NVivo Plus 12. The data sources for this research are 363 articles on Open Government. Data has increased in the last ten years in the Scopus database. The data analysis phase of this research uses VOSviewer with simple statistical and bibliometric analysis. The results of data analysis show that the most popular keywords are information, ogd itself, and citizens. The trend found that many studies focused more on transparency, information, citizens, and OGD. However, the keywords used also change every year. Each country has a different algorithm for open government. The United States finds more transparency in compiling data. Meanwhile, the UK talks more about the availability of data to make digital government implemented efficiently. It also strengthens the policy that the Netherlands enforces open government data to investigate criminal cases that refer to citizen/community involvement in the Netherlands. Lastly, Spain pays attention to the transparency used to inform some policies in Spain. In the four countries mentioned transparency and information. Also, it is stated that citizen engagement is also a significant finding in each article. However, there are failures to have open government data mainly due to the site and its licenses. They examined the open data that the government uses today as part of an algorithm that has worked previously with experts in computers and information technology.
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Hott, Morgan E., Richard M. Beane, Cliff Megerian, and Lawrence J. Bonassar. "Injection Molding of Tissue Engineered Tympanic Membrane Patches Utilizing Computer-Aided Design." In ASME 2001 International Mechanical Engineering Congress and Exposition. American Society of Mechanical Engineers, 2001. http://dx.doi.org/10.1115/imece2001/bed-23151.
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Abstract Over two million tympanostomy tubes are inserted annually in the United States, making this the most commonly performed of all surgical procedures (Isaacson 1996). In approximately 10% of cases the patient treated with tympanostomy tubes is left with a permanent perforation of the tympanic membrane that requires surgical repair. Current surgical technique involves grafting of an autologous tissue such as temporalis fascia or tragal cartilage to the perforated membrane (Paterson 1999). This is an involved surgical procedure requiring general anesthesia. We propose tissue engineering an autologous cartilage tympanic membrane patch. If successful this approach has the potential to transform an operating room procedure to an office procedure. This would provide tremendous healthcare savings, and potentially obviate the need for tens of thousands of children to undergo general anesthesia.
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Buganza, Adrian, Jonathan Wong, and Ellen Kuhl. "Finite Element Modeling of Mechanically Driven Skin Growth due to Different Expander Geometries." In ASME 2011 Summer Bioengineering Conference. American Society of Mechanical Engineers, 2011. http://dx.doi.org/10.1115/sbc2011-53099.
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Tissue expansion has become an important technique used in breast reconstruction after mastectomy and for repairing large damaged skin areas such as burns [1]. According to the National Cancer Institute, the estimated number of breast cancer cases in 2010 in the United States was 207,090 [2]. Many of these women underwent mastectomies, and tissue expanders were used for breast reconstruction as a common procedure afterwards. Even though several studies from clinical and experimental points of view have been presented, there is still a poor understanding of the mechanobiological procedures occurring during skin growth. In particular, it is of interest to determine the effect of expanders with different geometries in strain, stress, and area gained during expansion.
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Pejaković-Đipić, Silvija, and Željko Karas. "TWO-WITNESS RULE DURING HOME SEARCH IN THE LIGHT OF THE COVID PANDEMIC." In The recovery of the EU and strengthening the ability to respond to new challenges – legal and economic aspects. Faculty of Law, Josip Juraj Strossmayer University of Osijek, 2022. http://dx.doi.org/10.25234/eclic/22432.
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Authors are analysing the extent of acceptance of rule on mandatory presence of two witnesses during a home search in national criminal proceedings in EU Member States. While some police powers in Croatia are regulated using modern forms of protection of suspects’ rights, some other investigative actions are regulated using rules that are uncommon in EU. Home search has a historic model of obligatory presence of two witnesses. These witnesses are often randomly selected among citizens, they are not legal professionals. A suspect has no right to reject witnesses if he considers that they could violate his privacy or health rights. Besides that, the Two-witness Rule has a peculiar impact on the evidence law. Items found during home search cannot be legally used if only one witness was present. According to such consequence, this rule actually requires a certain number of witnesses to prove a fact. Such requirements on number of witnesses have been abandoned in modern evidence law. The results of the analysis of the EU Member States show that the rule on the mandatory presence of two witnesses is widespread only in some post-communist systems. When it comes to EU criminal procedure codes (CPCs), the mandatory presence of witnesses exists in Croatian, Slovenian and Bulgarian CPC. The study is showing influence of former Russian CPC in post-Soviet era as well as the influence of former Yugoslav CPC. Regarded as the relic of the past, these procedural guarantees of home inviolability in the cases of home search should be reassessed and improved. In the context of COVID crisis, mandatory presence of witnesses presents challenge for the protection of suspect’s and witnesses’ health. Observed from the suspect’s right to protect his health or the witnesses’ right not to expose themselves to potentially health endangered situations, finding witnesses presents even more complexed mission. If the suspect is in COVID quarantine and the search must be conducted, can witnesses be forced to enter such premises? In case that suspect requires fully vaccinated witnesses who can present valid COVID Certificate or negative PCR test, how could his requirement be fulfilled? The possible solution for both evidence law and health reasons could be the use of modern technologies such as video recording that could replace mandatory witnesses presence. Finally, it would be more appropriate to respect the suspect’s choice on protection of his rights or to use modern technical means or defence lawyer, as in other investigative actions in criminal procedure.
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Price, Christopher R., and Bryan P. Rasmussen. "Effective Tuning of Cascaded Control Loops for Nonlinear HVAC Systems." In ASME 2015 Dynamic Systems and Control Conference. American Society of Mechanical Engineers, 2015. http://dx.doi.org/10.1115/dscc2015-9806.
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Residential and commercial buildings are large consumers of energy in the United States with Heating, Ventilation, and Air-Conditioning (HVAC) systems representing a significant portion of total use. These systems control aspects such as humidity and room air temperature to ensure building occupant comfort. Control of HVAC units presents unique challenges due to large nonlinearities heavily dependent on operating conditions. Static linear controllers are unable to counteract such nonlinearities resulting in sustained oscillations known as hunting behavior. Previous research has shown the ability of cascaded architectures to compensate for HVAC nonlinearities and improve overall system performance without the need for detailed dynamic models. To aid the implementation of cascaded loops on real building systems, analysis of the effects of inner loop gain are presented and three outer loop tuning cases are identified. A simulation case study of an air handling unit demonstrates the simplicity of the procedure and compares it with optimally tuned gains.
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Hunter, ChaKaria, Marco Cesante, Sheng Xu, Bradford J. Wood, and Reza Seifabadi. "Sensor-Less Fully Transperineal Fusion-Guided Prostate Biopsy." In 2017 Design of Medical Devices Conference. American Society of Mechanical Engineers, 2017. http://dx.doi.org/10.1115/dmd2017-3356.
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Prostate cancer is the most common male cancer in the United States with an estimated 181,000 new cases and 26,000 deaths in 2016 [1]. Transrectal ultrasound (TRUS) guided biopsy is the gold standard for definitive diagnosis in which the imaging and needle insertion are both done transrectally. Since ultrasound guidance results in insufficient sensitivity of prostate cancer diagnosis (40–60%), fusion of preoperative MRI with real-time US has been proposed to increase the sensitivity (∼ 90%). Transperineal biopsies have recently gained attention using a brachytherapy grid to biopsy through the perineum rather than the rectum, practically eliminating the possibility of infection. To enable MR-US fusion, electromagnetic tracking system is commonly used to make a 3D volume out of a stack of 2D US images acquired during an initial sweep of prostate. The EM tracking however is somewhat undesirable as it adds to the cost of the procedure and is prone to inaccuracies. Therefore, in this study, we propose a method that eliminates the need for such external tracking devices and inserts the needle transperineally thus reducing infection risks. Also, the procedure is more comfortable to the patient since the TRUS probe is eliminated. A patient specific grid template is designed based on the MR image of the patient.
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Ahmad, Asad, Nathan Gallant, Rasim Guldiken, and Onursal Onen. "Surface Functionalization of an Ovarian Cancer Diagnostic Biosensor." In ASME 2011 International Mechanical Engineering Congress and Exposition. ASMEDC, 2011. http://dx.doi.org/10.1115/imece2011-64311.
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Ovarian cancer is the fifth leading cause of death among women in United States and the disease has 1.4% (1 in 71) lifetime risk. Patients with ovarian cancer have a short median survival time after diagnosis with their 5-year survival rate being less than 40%. Early stage ovarian cancer represents an important target for screening since it is lethal in most late stage cases (1). Currently the primary screening procedure for ovarian cancer are blood levels of cancer antigen (CA) 125, however CA 125 levels can also be elevated due to other disorders and do not provide conclusive results (2). Utilizing the research done at the Cell and Molecular Biology department at the University of South Florida which conclusively revealed that urinary levels of bcl-2 are elevated in ovarian cancer patients (3), this research it the first of its kind looking to assess the capture of an analyte protein on a series of potential bioconjugated surfaces for use in a novel acoustic biosensor. Therefore, this research addresses the need for a reliable and economic testing platform to detect ovarian cancer.
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Lipscomb, Kristen, Nesrin Sarigul-Klijn, and Eric O. Klineberg. "Characterization of Lumbar-Level Spinal Fusion on the Whole Human Spine Under Vibrations." In ASME 2016 International Mechanical Engineering Congress and Exposition. American Society of Mechanical Engineers, 2016. http://dx.doi.org/10.1115/imece2016-66384.
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In the United States alone, 12–15% of the population will visit their physician for back pain problems each year, creating a direct annual cost of nearly $40 billion. Pain in the spine may be associated with spinal instability and intervertebral disc (IVD) degeneration. The causes of disc degeneration are not completely understood, but have been thought to be linked to excessive loading conditions and whole body vibrations. Patients not responding to non-operative treatment may be considered for surgical fusion. Vibrations of the spine near its resonant frequency are more likely to lead to spinal injury and subsequent pain. These vibrations may result from prolonged exposure to mechanical vibrations, for example from riding in vehicles. Little is understood about the effect of spine pathologies or treatment techniques on this frequency. While fusion procedure may aid in stabilizing the spine, it may also lead to changes in spine biomechanics. A high fidelity anatomically accurate whole spine finite element model was developed and utilized to examine vibration in the spine using modal analysis. Vibration modes and resonant frequencies were obtained in the healthy spine along with cases of lumbar spine disc degeneration and fusion at several levels, including L4-L5, L3-L5, L5-S, L4-S, and L3-S.
Reports on the topic "Criminal procedure – united states – cases"
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Mehra, Tanya, and Julie Coleman. The Role of the UN Security Council in Countering Terrorism & Violent Extremism: The Limits of Criminalization? RESOLVE Network, October 2022. http://dx.doi.org/10.37805/sfi2022.4.
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After the 9/11 attacks, a united global community entered an era which saw the proliferation of United Nations entities and organs focused on responding to terrorism. These bodies were created, at least in part, in response to the recognized need for a comprehensive multilateral counter-terrorism architecture to ensure international peace and security in the face of the growing specter of violent extremism. This response has notably also included an array of UN Security Council resolutions (UNSCRs) adopted to counter the threat of terrorism. A little over 20 years after the adoption of Resolution 1373 (2001), 52 terrorism related resolutions now exist, creating an elaborate set of measures for Member States to implement. Despite this, however, terrorism was arguably more prevalent in 2021 than in 2001. A myriad of factors have led to the continued spread of terrorism, including the increasingly transnational nature of terrorists and terrorist networks, as well as the failure to adequately address the structural factors and underlying conditions that are conducive to the spread of violent extremism. In order to explain its persistence, one must not only examine the continued appeal of terrorist groups and violent extremist ideology and propaganda, but also reflect upon where, how, and why counter-terrorism responses have often failed to reduce the threat or, in some cases, even exacerbated the factors which give rise to terrorism in the first place. This includes the response of the Security Council, whose resolutions have created the obligation or expectation for Member States to continuously expand the criminalization of terrorism, without evidence that such an approach will lead to less terrorism. This brief focuses on how some UNSCRs include measures that require Member States to criminalize conduct that has historically fallen within the pre-crime space and lacks a clear link to terrorist activities, and examines the subsequent impact this has on human rights and the effectiveness of the criminal justice system. At the same time, it explores the role that States themselves have played in the exceptionalization of terrorism in terms of criminal justice responses. Finally, it offers recommendations for both the UNSC and Members States on how to ensure that counter-terrorism architecture can both be human-rights based and simultaneously conducive to promoting peace and security.