Academic literature on the topic 'Criminal Procedures'
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Journal articles on the topic "Criminal Procedures"
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Findlay, Mark. "Synthesis in Trial Procedures? The Experience of International Criminal Tribunals." International and Comparative Law Quarterly 50, no. 1 (January 2001): 26–53. http://dx.doi.org/10.1093/iclq/50.1.26.
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Critical to analysing the recent synthesis of criminal trial procedures is an understanding of the internationalisation of criminal law and procedure.1 As well as the creation of international tribunals2 to investigate and try crimes of world significance, there is emerging an international jurisprudence on criminal law (and procedural hybrids to support and develop this) which require integrated analysis.3
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Ivanov, Dmitriy Aleksandrovich. "Civil Action and Pretrial Procedures in Criminal Cases." Revista Gestão Inovação e Tecnologias 11, no. 4 (July 10, 2021): 1515–22. http://dx.doi.org/10.47059/revistageintec.v11i4.2205.
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Markovicheva, E. V. "Prospects for the Implementation of Special Conciliation Procedures in the Russian Criminal Process." Rossijskoe pravosudie 9 (August 21, 2020): 99–104. http://dx.doi.org/10.37399/issn2072-909x.2020.1.99-104.
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In the 21st century, the concept of restorative justice has become widespread in criminal proceedings. The introduction of special compromise procedures into the criminal process allows for the restoration of the rights of the victim and reduces the level of repression in the criminal justice system. The traditional system of punishment is considered ineffective, not conducive to the purpose of compensating for harm caused by the crime. Restorative justice enables the accused to compensate for the harm caused by the crime and is oriented not towards their social isolation, but towards further positive socialization. The introduction of the ideas of restorative justice into the Russian criminal process requires the introduction of special conciliation procedures. The purpose of the article is to reveal promising directions for introducing special conciliation procedures into the Russian criminal process. The use of the formal legal method provided an analysis of the norms of criminal procedure legislation and the practice of its application. Comparative legal analysis revealed common features in the development of models of restorative justice in modern states. Conclusions. The introduction of conciliation procedures into the Russian criminal process is in line with the concept of its humanization and reduction of the level of criminal repression. The consolidation of the mediator»s procedural status and the mediation procedure in the criminal procedure legislation will make it possible to put into practice the elements of restorative justice.
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Bagaskoro, Ladito. "REKONSEPTUALISASI JALUR KHUSUS DALAM RANCANGAN KUHAP SEBAGAI BENTUK REFORMASI SISTEM PERADILAN PIDANA INDONESIA." Arena Hukum 14, no. 1 (April 30, 2021): 193–209. http://dx.doi.org/10.21776/ub.arenahukum.2021.01401.10.
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Abstract The significant increase in the pile of case files between 2016 and 2019 led to the need for concepts or methods that can create judicial efficiency. In the spirit of reforming the Criminal Procedure Code, the drafting team of the Criminal Procedure Code tries to include procedures aimed at shortening and expediting procedural procedures through the existence of a special pathway in Indonesian criminal procedural law in the future, which is inspired by the concept of plea-bargaining in the United States and Britain. This normative research uses conceptual and comparative law. The result shows that a special line was given to the defendant who admitted to the criminal act charged making the trial hearing shorter. Second, there are several fundamental differences between the special lines in the Draft Criminal Procedure Code and plea bargaining in the United States, especially in the agreement between the defendant or legal adviser and the public prosecutor, the process for confessing the accused, the criminal acts included, and the position of the judge in their respective processes.
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Боярская, Александра, and Aleksandra Boyarskaya. "Problems of Substantive Differentiation Conditions of Criminal Proceedings." Journal of Russian Law 4, no. 9 (August 29, 2016): 0. http://dx.doi.org/10.12737/21227.
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The article discusses current issues of differentiation of criminal proceedings. The character of the impact of criminal law on procedural form of summary court proceedings. The author successively examines the substantive basis of summary court proceedings of Russian criminal trial: a special order of the trial, a special procedure for the trial at the conclusion of the pre-trial agreement, judicial procedure under Art. 226.9 of the Code of Criminal Procedure, as well as in criminal cases of private prosecution. The author concludes that the specific substantive basis is not peculiar to each of these procedures. Legislators did not specify the substantive grounds of procedure under Sec. 40.1 Code of Criminal Procedure. The court proceedings under Art. 226.9 CPC RF does not have its own substantive basis. The article concludes that all above said demonstrates the destruction of classical chords, according to which the differentiation of criminal law determines the differentiation of criminal procedural law in sphere of differentiation of criminal procedural form. Nowadays, on the contrary, the differentiation of the criminal procedure is carried out more rapidly and dictates the transformation of criminal procedural law. The article also analyzes the causes and symptoms of this trend of development of modern legislation.
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Sirotkina, Mariia. "Prerequisites for the application of alternative methods of resolving criminal law and criminal procedure conflicts." Slovo of the National School of Judges of Ukraine, no. 3(32) (December 18, 2020): 147–57. http://dx.doi.org/10.37566/2707-6849-2020-3(32)-13.
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The article examines the prerequisites for the use of alternative methods of resolving criminal law and / or criminal procedure conflicts. It is stated that the use of alternative dispute resolution in criminal proceedings is possible only if changes or differentiation of the criminal procedure form, taking into account the interests of participants in criminal law and / or criminal procedure conflict. A positive consequence of the use of alternatives is procedural economy and speed of criminal proceedings, with an unconditional guarantee of achieving the objectives of the criminal process and ensuring the protection of the rights and legally protected interests of persons in criminal proceedings in their application. It is noted that at the present stage of development of criminal procedure legislation the differentiation of procedural forms is one of the priority conditions for the rational use of procedural means, contributes to greater efficiency and effectiveness of criminal proceedings with significant procedural savings. The bases and criteria of differentiation of the criminal-procedural form are investigated. It is noted that compromise constructions are the result of a combination of two principles of the criminal process - public and dispositive, and their application is possible only in a competitive process. The material and practical component of the differentiation of the criminal procedure form is singled out, and attention is focused on the division of the criminal procedure form when applying alternatives to the simplified and complicated forms depending on the law enforcement. Based on the study, it was concluded that the implementation of conciliation procedures in the system of alternative resolution of legal conflicts (disputes) in criminal proceedings largely depends on the differentiation of criminal procedure, procedural economy, speed of criminal proceedings, as well as taking into account the interests of criminal and procedural conflicts. Key words: criminal process, procedural economy, procedural form, conflict, compromise, differentiation, interest, alternative.
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Fu, H. L. "Criminal Defence in China: The Possible Impact of the 1996 Criminal Procedural Law Reform." China Quarterly 153 (March 1998): 31–48. http://dx.doi.org/10.1017/s0305741000002976.
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Criminal procedure in China had been governed by the 1979 Criminal Procedure Law (CPL 1979). This was amended in 1996 (the Amendment). In many aspects, the Amendment introduces important changes to the previous procedures and significantly redistributes the existing division of powers within the criminal justice system. It restricts police power and the prosecution's discretion. It enhances the position of the court and differentiates the role of judges. It also offers more protection for the rights of the accused and enhances the position of defence lawyers in the criminal process in substantive and procedural aspects. Consequently criminal lawyers are expected to play a more active and meaningful role in criminal defence.
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Kornakova, S. V. "Evidence and Establishment of Evidence Norms in CIS Countries Criminal Procedures: A Comparative Legal Analysis." Lex Russica, no. 11 (November 15, 2020): 148–56. http://dx.doi.org/10.17803/1729-5920.2020.168.11.148-156.
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The paper is devoted to a comparative legal analysis of some norms of the criminal procedure laws of the CIS countries concerning evidence and establishment of evidence in criminal procedures. The paper analyzes the legal definitions of the concept of "evidence" in the CIS countries codes. It is noted that the wording used in article 74 of the Criminal Procedural Code of the Russian Federation is less specific than the content of the relevant norms in the legislation of other CIS countries. In particular, the replacement of the phrase "this data is established", which was used in the RSFSR Criminal Procedure Code, with the phrase "evidence is" in part 2 of article 74 of the Criminal Procedural Code of the Russian Federation, which led to an illegal identification of the sources of evidence and the evidence itself, is critically evaluated.Some features, advantages and disadvantages of the norms of criminal procedure laws of the CIS countries containing a list of sources of evidence are revealed. The conclusion is made about a clear advantage in this respect of the Criminal Procedural Code of the Russian Federation, part 2 of article 74 of which contains a complete and universal list of sources of evidence. At the same time, the need to include in this list, along with the testimony of the suspect and the accused, such a source of evidence as the testimony of the defendant is argued.The paper analyzes the legislative consolidation of the concept of "evidence" in the criminal procedure codes of the CIS countries, which allowed us to critically evaluate the definition given to this concept by the Russian legislator. According to the author, the absence of the purpose for the establishment of evidence in article 85 of the Criminal Procedural Code of the Russian Federation, namely the purpose for establishing the circumstances listed in article 73 of the Criminal Procedural Code of the Russian Federation, as a lawful, reasoned and just resolution of the case, is a significant shortcoming of the Russian criminal-procedural law that requires special legal address.
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Garbatavičiūtė, Simona. "Tracing the Instances of Plea Bargaining in the Lithuanian Criminal Justice System." Teisė 106 (July 2, 2018): 130–43. http://dx.doi.org/10.15388/teise.2018.106.11657.
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This Article aims to overview procedural grounds in the Lithuanian criminal justice system that relate to the concepts of simplified and negotiated justice, in particular to the concept of plea bargaining. Specifically, the research seeks to examine the procedures of simplified examination of evidence in court, accelerated proceedings and the procedure of penal order as foreseen in the Code of Criminal Procedure of the Republic of Lithuania (hereinafter referred to as the CCP). This research aims to highlight similarities between the aforementioned procedures and the concept of plea bargaining.
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Fenyvesi, Csaba. "Coercive Conduct in Criminal Procedures." Acta Juridica Hungarica 44, no. 1-2 (August 2003): 89–98. http://dx.doi.org/10.1556/ajur.44.2003.1-2.5.
Full textDissertations / Theses on the topic "Criminal Procedures"
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Mungan, Murat Can. "Optimal Procedures in Criminal Law: Five Essays." Thesis, Boston College, 2010. http://hdl.handle.net/2345/1744.
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Thesis advisor: Hideo KonishiBecker (1968) provides a formal framework for analyzing various policies in criminal law. Within this framework there are potential criminals, who have varying benefits from committing an illegal act. They are subject to sanctions when they are caught and are found guilty for committing such acts. Accordingly, increased expected sanctions lead to greater deterrence. There are also costs associated with achieving such deterrence. Hence, there are optimal policy variables which balance costs and gains associated with increased deterrence. In my dissertation, in five independent but closely related essays, I address various issues related to criminal law by making use of optimal crime and deterrence models, which are similar to Becker (1968). First, I analyze the standard of proof in criminal trials and extend a justification as to why there are higher standards of proof in criminal trials versus civil trials. Next, I introduce the concept of mixed warning strategies, and justify the use of mixed as well as pure warning strategies in law enforcement. In a related essay, I show that it is optimal to punish repeat offenders more severely than first time offenders, provided that offenders gain experience in evading detection by committing offenses. In my fourth essay, I identify reasons as to why it is welfare improving to allow individuals to self-report conduct crimes. Finally, I propose a simple framework to incorporate the concept of remorse in the economic analysis of criminal law, and show that the Beckerian maximal fine result need not hold when some individuals feel remorse
Thesis (PhD) — Boston College, 2010
Submitted to: Boston College. Graduate School of Arts and Sciences
Discipline: Economics
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Laing, Samantha Robyn. "The constitutionality of the Criminal Law (Forensic Procedures) Amendment Act." Thesis, Nelson Mandela Metropolitan University, 2017. http://hdl.handle.net/10948/18619.
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The Criminal Law (Forensic Procedures) Amendment Act 37 of 2013 came into operation in January 2015. The Act makes provision for the establishment of a National Forensic DNA Database, which will store DNA profiles of certain groups of people. This research will discuss the establishment of a forensic DNA database in South Africa. The legal position in the United States of America will also be considered, with specific reference to the states of Maryland, California and New York. This research will focus predominantly on the collection of DNA samples and profiles from arrestees. When such samples are allowed to be collected, what offences warrant the collection of such samples and the period within which the DNA samples need to be destroyed. Collecting DNA samples and profiles from certain persons could potentially violate particular rights in the Bill of Rights. The rights to privacy, bodily integrity, equality and human dignity are discussed as well as the approach the courts have adopted in dealing with such infringements or possible infringements. This research furthermore deals with the historical developments of DNA evidence and contains a brief discussion on expert evidence. This research also deals with the evidential value of DNA evidence, as well as possible problems faced by prosecutors and defence attorneys when dealing with DNA evidence. The Criminal Law (Forensic Procedures) Amendment Act is still very new, and therefore, there is not yet much case law in South Africa specifically dealing with the sections of the said Act. This research makes submissions and recommendations regarding certain sections of the Act, as well as the overall constitutionality of the Act.
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Almohideb, Abdulrahman M. "Criminal procedures relevant to crimes of killing in the Kingdom of Saudi Arabia." Thesis, University of Glasgow, 1996. http://theses.gla.ac.uk/6868/.
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This thesis aims to present the contemporary legal criminal procedures in Saudi Arabia that are relevant to crimes of killing. The thesis is divided into five chapters; each chapter is divided into two or three sections; and every section contains various sub-sections. Part one in the first section of chapter one provides a general introduction to the criminal procedures, its establishment and objectives in Islamic law. Part two discusses the general essential elements that must exist in the analysis of every crime. The general divisions of crimes have been pointed out in this part, as well as importance of this classification in Islamic law. Section two of this chapter embodies two parts which reflect respectively the sources of criminal procedure, as the ground from which it derives its legal authority; in addition, it provides miscellaneous statistics that indicate the effect of Islamic criminal law on decreasing crime rate in Saudi Arabia. Chapter two consist of two sections in which crimes of killing are classified. Part one of the first section discuses the fundamental components of intentional killing; types of punishments imposed upon a murderer, and the infliction of the death penalty as aq'sas in Saudi Arabia. The contemporary legal methods and conditions to implement capital punishments in Saudi Arabia has been discussed in the second part of this section. The second section deals with unintentional crimes of killing which comprise quasi-murder and killing by mistake. The due punishments for such crimes have been detailed in the first part of this section. The Saudi legal system of blood-money has been elaborately discussed in the second part. Chapter three is divided into three sections, each section contains various parts. Part one and two in the first section concentrate on examining those crimes of killing that are committed by a group of people, who either directly or indirectly participated in the crime. The effect of circumstances of insanity, infancy and intoxication, on annulling criminal responsibility has been comprehensively discussed in the second section. The last section of this chapter focuses on examining the effect of certain extenuating circumstances, such as self-defence and defence of honour, upon criminal liability. Chapter four deals with the contemporary Saudi pre-trial criminal proceedings relevant to crimes of killing. The first section of this chapter comprises six parts. The discussion in these parts focuses upon the legal procedure of examining suspects, searching of private premises, and the rights of suspect during this stage of police investigation. Section two deals with the pre-trial legal procedure following the detection of crimes of killing. It also covers the legal process of pre-trial detention, release proceedings, and the rights of the detained person. Chapter five embodies three sections which provide a comprehensive discussion to the trial proceeding and the consequent procedure after the trial. This includes: the Saudi courts system; the rule of evidence for proving criminal cases; the procedures of hearing cases of crimes of killing; the rights of the accused during this stage; and the ensuing legal process required to implement the judgement.
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Kyriakidou, Marilena. "Evaluation of children's testimonies in the Republic of Cyprus : implications for criminal and legal procedures." Thesis, University of Sheffield, 2011. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.575378.
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Objectives: The primary aim of the thesis was to examine the procedures of the police criminal investigation unit in Cyprus Republic and the legal procedures related to children's testimonies. Method: First, a study evaluated the actual practices used by Cyprus Republic police officers when interviewing children. Second, three surveys examined police officers', judges' and lawyers' perceptions of videotaped testimonies with children and the treatment of children in courts. Third, two experimental studies investigated how children's recall was influenced by keeping their eyes closed during interviews. Results: The first study indicated that only one third of the interviews by police officers included all of the phases prescribed in interviewing protocols. Nearly all of the questions used were focused questions and that two-thirds of all the potential evidence enclosed in children's transcripts came from focused questions. The analysis also provided evidence of problematic interviewers' behaviours and distortions of children's words. The second study showed a general view that videotaping children's testimonies was a positive development in Cyprus Republic but all the professionals interviewed were aware of problematic areas that required attention. They were also evidence that some children may be mistreated during cross-examination. The last two experimental studies provided contradictory evidence on how children's eye conditions could affect their accounts. The first experimental study showed that closing eyes improved children's accuracy when being questioned about an event they had experienced. However the second experimental study failed to show any beneficial effect for keeping eyes closed. Conclusions: The quality of children's testimonies elicited by the police in Cyprus Republic replicates previous problematic outcomes from similar studies conducted in other countries. Police officers', judges' and lawyers' beliefs and behaviors about children's testimonies and towards children added important information on how legal procedures can be improved further in Cyprus Republic. The results of the two experimental studies raised issues for further research.
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Alharthi, Zuhair. "The role of the Commission for Investigation and Public Prosecution (CIP) and its impact on the criminal procedures in the Saudi criminal justice system." Thesis, University of Kent, 2005. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.420947.
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Swifte, Yasmine Gai. "Charles Dickens and the Role of Legal Institutions in Social and Moral Reform: Oliver Twist, Bleak House, and Our Mutual Friend." University of Sydney, English, 2000. http://hdl.handle.net/2123/409.
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The legal system of Victorian England is integral to Charles Dickens' novels and to their moral intent. Dickens was acutely conscious of the way in which the Victorian novel operated as a form of moral art. As a novelist he is concerned about the victims of his society and the way in which their lots can be improved. He therefore chooses to construct representative victims of legal institutions such as the Poor Law Amendment Act of 1834 and the Court of Chancery in his novels to highlight flaws in his world and the changes that might be made to improve social conditions. This thesis will examine the way in which Dickens' fictional enquiry into the social world his characters stand to inherit is focused on the legal system and its institutions, most particularly, the law of succession. By discussing three novels from different periods of his writing career, Oliver Twist (1837), Bleak House (1853) and Our Mutual Friend (1862-1865), I will suggest how his engineering of moral outcomes shows his development as a writer. The law of succession and related legal institutions such as the Court of Chancery, dealing with wills and inheritance, recurs in Dickens' novels, providing the novelist with social, moral and legal identities for his characters. These identities, as unveiled during the texts, propel the characters and plot development in particular directions in response to the novels' moral intent. The role of inheritance in Victorian society largely provides Dickens with a means to explore the adequacies of existing legal institutions, such as the means by which to prove and execute wills and the operation of the Court of Chancery. The role of inheritance also allows Dickens to examine the social condition of those who are deprived of an inheritance or who are unable to enforce their legal rights. In this respect Dickens concentrates on the appalling conditions of institutions such as workhouses and poorhouses in Victorian society and on resultant criminal activity and prostitution in the community as the disinherited struggle to survive. Dickens' study of crime in particular sheds invaluable light on the prevailing moral standards of, and difficulties with, his society. Dickens acknowledges his pedagogical role as an author, providing synopses of his lessons in the prefaces to his books and forewarning his audience of the literary devices (such as grotesquerie) that are necessary to communicate them effectively. This thesis will examine the way in which Dickens' engineering of moral outcomes through the convenient use of the law of succession becomes increasingly sophisticated as he develops as a writer. The stock plot device of the impoverished orphan child, a representative victim of such a Victorian legal institution as the Poor Laws who is morally saved when elevated into gentility by a secret inheritance, sustains the plot of Oliver Twist. The simplistic and somewhat improbable fortunes of Oliver, however, give way to the more probable moral and legal outcomes of characters such as Jo and Richard Carstone in Bleak House. In Bleak House Carstone, who is certainly a more interesting central protagonist than Esther Summerson in terms of Dickens' examination of legal institutions and their effect on moral and social outcomes in the novel, makes a ruinous attempt to manipulate the legal system and gain control over his fortune by joining the suit of Jarndyce v Jarndyce. In Our Mutual Friend, however, a complex and successful manipulation of the legal system is achieved by Harmon/Handford/Rokesmith, an adult and extremely resourceful character who, in conjunction with other characters such as Bella Wilfer and Mr Boffin, is testament to the inseparability of individual and legal identities as far as moral and social outcomes are concerned. Throughout the novels it can be seen that the abilities of Oliver Twist, Richard Carstone and John Rokesmith to manipulate the law of succession correlate directly to stages of Dickens' maturity as a writer and his increasing confidence about layering texts and developing more complex and sophisticated structures in his novels. Dickens' focus on the role of inheritance, however, entails the development of perspectives on the legal system in entirety. Oliver Twist as a novel drawing upon the traditions of sensation, and turning on events such as 'legacies, birthrights, thefts and deeds of violence', focuses intensely on the criminal justice system and establishes Dickens' famous attraction to repulsion and use of grotesquerie and popular entertainment. Oliver Twist also develops analogies between law and drama, establishing the foundation from which Dickens can employ legal metaphors to great effect in his quest for reforms of the legal system and society at large in Bleak House and Our Mutual Friend. Oliver Twist further establishes the milieu of a stratified society in which finances govern social behaviour and in which the class system is reflected in the legal system through the denial of access to justice to those who are unable to afford it, or suffer gender inequality. Bleak House builds upon the problems outlined in Oliver Twist. It explores the criminal system, particularly the defeminisation of the law and access to justice issues, including the problem of delay in litigation. Specific legal institutions such as the jury system and, most notably, the civil branch of the Victorian legal system with a particular focus on the equitable procedures in the Court of Chancery are examined. Jo is a transmutation of Oliver as representative victim of the Poor Laws, and his fate as such appears more probable. Richard Carstone is, however, the central character in the novel in terms of his construction as the representative victim of the civil system and of the law of succession. In Our Mutual Friend Dickens refines his use of the law of succession and other legal institutions to propel characters into directions suited to his own agendas. The entire plot is constructed from the premise of the execution of a will arising out of the death of John Harmon whose murder is a crime that has never, in fact, been committed. The ramifications of the execution of this will and subsequent codicils are extremely interesting. The novel further examines problems of access to justice and gender inequality under the prevailing legal system, particularly through Bella Wilfer. As part of the development of Dickens' use of the legal system there is a perceptible development of his powers of characterisation. Richard Carstone is a more substantial and believable character than Oliver; John Harmon offers the opportunity for Dickens to experiment with a chameleon identity. This aspect of Dickens' development, however, has received substantial attention already, particularly by Arnold Kettle, Barbara Hardy, Monroe Engel and Grahame Smith. There has been, to the best of my knowledge, little work done on his use of the law of succession, and it is here that I wish to concentrate my argument. Much of Dickens' interest in the law appears to stem from his early career as a legal clerk in Lincoln's Inn and Doctors' Commons. His first job, as a writing clerk in the office of Ellis and Blackmore, a small set of chambers in Holborn Court, involved duties such as copying documents, administering the registration of wills and running errands to other legal offices and law courts. Public offices with which Dickens came into contact in the course of this job were the Alienation Office, the Sixpenny Receivers Office, the Prothonotaries Office, the Clerk of the Escheats, the Dispensation Office, the Affidavit Office, the Filazer's, Exigenter's and Clerk of the Outlawry's Office, the Hanaper Office and the Six-Clerk's office . This employment gave Dickens an exposure to a wide range of jurisdictions and legal precedents. Through this contact with a variety of legal practices, Dickens experienced a broad range of litigation which enabled him to develop opinions on the contemporary operation of the law and its efficacy in the administration of justice. Such experience almost certainly sowed the seeds for much of the critique of the legal system found in his novels. In 1829 when he joined Doctors Commons, Dickens was exposed to ecclesiastical and naval jurisdictions including a Consistory Court, A Court of Arches, the Prerogative Court, the Delegates Court and the Admiralty Court. In this role Dickens was employed by a firm of proctors to take notes on evidence and judgments. This job as a shorthand reporter granted Dickens the opportunity to observe at close range members of the legal profession such as clerks, proctors, secretaries and Doctors. Probably as much through a process of osmosis as anything else, Dickens gained an understanding of the mechanics of basic legal procedures through this type of employment. In order to work as a court reporter, Dickens was required to use shorthand, a method of taking notes that perhaps allowed Dickens to develop the skill to think and write quickly. It was probably at this early stage in his career that the duality of law and literature began to come together for Dickens, developing at a later stage into his volumes of legal fiction. The anonymity of the law writer's existence, as captured later in Dickens' description of Nemo the law-writer in Bleak House, who either lived or did not live by law-writing according to Krook, also may have prompted Dickens to begin writing original works with legal themes.
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Lee, Alix. "Enlisting science in the 'war on crime': Key controversies generated by the South African Criminal Law (Forensic Procedures) Amendment Bill." Master's thesis, University of Cape Town, 2010. http://hdl.handle.net/11427/4449.
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Kavetski, Melissa. "The Field View: An Initial Examination of an Exploratory Eyewitness Identification Procedure." FIU Digital Commons, 2016. http://digitalcommons.fiu.edu/etd/2593.
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The field view is an identification procedure that was recently acknowledged in a national report assessing eyewitness identifications. However, the field view has not been empirically examined to date. In fact, very little is known regarding the effectiveness of the procedure. Because it is an exploratory procedure - used by police when they do not have a suspect in mind - it is important to determine how the field view fares in comparison to the traditional procedures such as lineups and showups, whereby police do have a suspect. Using a controlled, lab-based methodology, Study 1 examined correct and false identifications elicited from the field view procedure and whether filler similarity affects identification accuracy. Results revealed that the exploratory field view can be a harmful procedure, particularly when the perpetrator is not present in the location, as it produced significantly more false identifications (36%) than both the lineup (13%) and showup (5%) procedures. The reason for this alarmingly high rate of mistaken identifications is that in an exploratory procedure, there is not an a priori suspect, and thus, nobody in the location is known to be innocent, as fillers are in a lineup. Because of this, anyone identified would come under suspicion. A second study further examined whether the field view may be an acceptable identification procedure under a different circumstance, namely, when police do have a suspect. Study 2 used a more ecologically valid methodology to examine the hypothesis that this confirmatory field view procedure may fare superior to the showup under the condition that the field view is administered by someone who is blind to the identity of the suspect. Contrary to our predictions, however, all three procedures (i.e., field view with non-blind administration; field view with blind administration; showup) produced comparable correct and false identification rates. Overall, results indicate that a field view may be a viable procedure when it is used as a confirmatory procedure and includes fillers similar to the suspect. More research is needed to determine under what conditions exploratory procedures may be acceptable.
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Oliveira, João Luiz Moreira de. "Perícia e investigação criminal: uma proposta de melhoria do modelo organizacional visando a otimização de resultados." reponame:Repositório Institucional do FGV, 2013. http://hdl.handle.net/10438/11868.
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The present work discusses a new organizational model for the Criminalistics in which an integrated, harmonic and independent development along with the Police Investigation is possible. It aims at changing the current model, in which Criminalistics has only a limited and punctual presence, to a new one which allows for a parallelism between Criminalistics and Police Investigation. The importance of using Criminalistics as an excellence tool for criminal investigation and fighting impunity in the investigation procedures is also emphasized. The first section presents the main topic, objectives, discussed areas and relevance. Next, a research of previous works related to the topic is presented, including an exposition of the fundamental concepts of Criminalistics and its connections to the Criminal Justice System, aimed at showing its potential in the criminal investigation. The utilized research methodology is then presented, followed by a discussion of the analysis of the criminal investigation procedures and criminalistics, in which the underlying problems are sought for and proposals are made for improving the organizational model. Cases related to the various areas of criminal knowledge are also presented, and the relevance of applying the proposed model highlighted. Finally, this work aims at demonstrating that the implementation of an organizational model in which parallelism, integration and independence are present in the field investigation and criminalistics processes will allow for an optimal development of the criminal investigation and thus the best result, contributing for a greater efficiency of the persecution and criminal justice
O presente estudo trata da discussão de um novo modelo organizacional para a Perícia Criminal no qual seja possível a um só tempo, uma atuação integrada, harmônica e independente em relação à Investigação Policial, de modo a contribuir para alterar o modelo atual em que a Perícia Criminal atua apenas de forma limitada e pontual, para um modelo que permita um paralelismo entre esta e aquela, ressaltando a importância da aplicação da criminalística como ferramenta de excelência na investigação criminal e no combate à impunidade nos procedimentos investigatórios. Inicialmente, são apresentados o tema estudado seus objetivos, delimitação e relevância. Em seguida, é realizado um panorama de trabalhos anteriores relevantes para o tema aqui abordado, incluindo uma sintética exposição dos conceitos basilares da Criminalística e suas interrelações no Sistema de Justiça Criminal de modo a demonstrar o seu potencial no procedimento investigatório. É apresentada então a metodologia de pesquisa utilizada, para, em seguida, discutir-se a análise dos processos de investigação policial e perícia criminal e os resultados da pesquisa exploratória e sua análise, buscando-se identificar os problemas e propor mecanismos de melhoria do modelo organizacional. São apresentados também casos que envolvam áreas diversas do conhecimento pericial, em que se chegou a resultados efetivos graças à aplicação do modelo proposto. Ao final espera-se demonstrar que a implementação de um modelo organizacional em que haja paralelismo, integração e independência dos processos de investigação de campo e perícia técnica possibilitará uma otimização no desenvolvimento e no resultado da investigação criminal, o que contribuirá para uma maior eficiência do sistema de persecução penal e justiça criminal.
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Leite, Rosimeire Ventura. "Justiça consensual como instrumento de efetividade do processo penal no ordenamento jurídico brasileiro." Universidade de São Paulo, 2009. http://www.teses.usp.br/teses/disponiveis/2/2137/tde-17112011-110813/.
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O presente trabalho aborda o tema da justiça consensual como instrumento de efetividade do processo penal no ordenamento jurídico brasileiro. O objetivo é analisar os acordos entre acusação e defesa no curso da persecução criminal, contribuindo para as discussões acadêmicas acerca dos problemas que as soluções consensuais ensejam quando confrontadas com os princípios norteadores do processo. Tendo como referência a Lei n. 9.099, de 26 de setembro de 1995, que introduziu o modelo consensual penal pátrio, indaga-se se e de que modo o consenso concorre para a efetividade do processo penal brasileiro, questionando ainda que alterações se fazem necessárias. Além da composição civil, da transação penal e da suspensão condicional do processo, o estudo abrange considerações sobre institutos consensuais estrangeiros. Trata-se de tema atual e que tem instigado pesquisas em diversos países, haja vista a tendência de expansão dos acordos na esfera criminal. A pesquisa é de natureza teórico-bibliográfica, seguindo o método descritivo-analítico. Conclui-se no sentido de que as alternativas fundadas no consenso são de significativa importância para o sistema jurídico, promovendo a diversificação das respostas aos comportamentos delitivos. Por fim, apresentam-se sugestões de mudanças legislativas para o aperfeiçoamento do modelo consensual penal brasileiro.This work focuses on the subject of consensual justice as an effectiveness instrument of the criminal process in the Brazilian legal system. The objective is to analyze the agreements between prosecution and defense during criminal prosecution, contributing to the academic discussions on the problems aroused by consensual solutions when confronted with the process principles. Referring to Law n. 9.099 of September 26, 1995, which introduced the criminal consensual model in our country, we investigated whether and how the consensus has contributed to the effectiveness of the Brazilian criminal process, questioning even if changes are necessary. Besides the civil composition, the criminal transaction, and the conditional process suspension, the study comprises considerations on foreign consensual institutes. It is a current theme and has instigated research in several countries, considering the expanding trend of agreements in the criminal sphere. It is a theoretical-bibliographical-natured research guided by a descriptive-analytical method. The study concluded that the consensus-based alternatives are really significant to the judicial system and that they provide a range of answers to delict behaviors. Finally, we presented suggestions of legislative changes that could improve the Brazilian consensual criminal model.
Books on the topic "Criminal Procedures"
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Criminal investigation procedures. Berkeley, CA: McCutchan, 1993.
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Peoples, Edward E. Basic criminal procedures. 2nd ed. Upper Saddle River, N.J: Prentice Hall, 2002.
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Basic criminal procedures. Upper Saddle River, NJ: Prentice Hall, 2000.
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Joseph, Cheney C. Criminal jury instructions and procedures. 2nd ed. [St. Paul, Minn.]: Thomson/West, 2003.
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Reid, Sue Titus. Criminal justice: Procedures and issues. St. Paul: West Pub. Co., 1987.
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Law Reform Commission of Canada. Post-Seizure Procedures: Criminal Law. S.l: s.n, 1985.
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A, Foronda Mercedes, ed. Criminal justice system: Settings & procedures. Quezon City: Wiseman's Books Trading, 2009.
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Understanding criminal defences and procedures. Scarborough, Ont: Carswell, 1992.
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Joseph, Cheney C. Criminal jury instructions and procedures. Eagan, MN: Thomson/West, 2012.
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rahrah, chaima. Code des procedures pénales. Tunis: Editions C.L.E, contributions à la Littérature de l'entreprise, 2002.
Find full textBook chapters on the topic "Criminal Procedures"
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Mauro, Cristina. "“Minimum” Procedural Rights in Judicial Cooperation Procedures." In EU Criminal Justice, 71–81. Cham: Springer International Publishing, 2018. http://dx.doi.org/10.1007/978-3-319-97319-7_5.
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Herring, Jonathan. "Procedures and structures of criminal law." In Criminal Law, 24–36. London: Macmillan Education UK, 2017. http://dx.doi.org/10.1057/978-1-137-60927-4_2.
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Herring, Jonathan, and Marise Cremona. "Procedures and Structures of Criminal Law." In Criminal Law, 16–27. London: Macmillan Education UK, 1998. http://dx.doi.org/10.1007/978-1-349-13561-5_2.
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Herring, Jonathan. "Procedures and structures of criminal law." In Criminal Law, 27–39. London: Macmillan Education UK, 2015. http://dx.doi.org/10.1007/978-1-137-47572-5_2.
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Walsh, Dermot. "Victim Selection Procedures Among Economic Criminals: The Rational Choice Perspective." In The Reasoning Criminal, 39–52. New York, NY: Springer New York, 1986. http://dx.doi.org/10.1007/978-1-4613-8625-4_3.
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Jonathan, Fisher QC, and Anita Clifford. "Prosecution and the reasonable prevention procedures defence." In The Criminal Finances Act 2017, 87–95. Abingdon, Oxon; New York, NY: Informa Law from Routledge, 2019.: Informa Law from Routledge, 2018. http://dx.doi.org/10.4324/9781351053969-10.
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Heilbronner, Robert L. "Federal Rules of Criminal Procedures Emphasizing 12.2." In Encyclopedia of Clinical Neuropsychology, 1414. Cham: Springer International Publishing, 2018. http://dx.doi.org/10.1007/978-3-319-57111-9_978.
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Heilbronner, Robert L. "Federal Rules of Criminal Procedures Emphasizing 12.2." In Encyclopedia of Clinical Neuropsychology, 1033. New York, NY: Springer New York, 2011. http://dx.doi.org/10.1007/978-0-387-79948-3_978.
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Heilbronner, Robert L. "Federal Rules of Criminal Procedures Emphasizing 12.2." In Encyclopedia of Clinical Neuropsychology, 1. Cham: Springer International Publishing, 2017. http://dx.doi.org/10.1007/978-3-319-56782-2_978-2.
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Lee, Roy S. "Creating an International Criminal Court — of Procedures and Compromises." In Reflections on the International Criminal Court, 141–52. The Hague: T.M.C. Asser Press, 1999. http://dx.doi.org/10.1007/978-90-6704-697-8_9.
Full textConference papers on the topic "Criminal Procedures"
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Arslan, Çetin. "The Effects of the Criminal Law to Arbitration." In International Conference on Eurasian Economies. Eurasian Economists Association, 2013. http://dx.doi.org/10.36880/c04.00804.
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While the arbitration, in essence, is a special law institution, there are various points it intersect with the criminal law. It is quite important to investigate the aforementioned probabilities that criminal law norms may affect the arbitration procedures and/or decisions and the probable consequences of these. In this respect, the feasibility of the use of the Criminal Procedure Law (i.e. criminal conviction, illegal evidence) in the Arbitration Law, the bindingness and the indirect effects of the decisions of the criminal court and the punitive responsibilities of the refrees are all some of the important issues that can be examined under this heading. The subjects mentioned in the paper will be evaluated from the perspective of Turkish Law theory and practice.
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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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Počuča, Milan, and Jelena Matijašević-Obradović. "The Importance of Evidence Collection in Procedures for Criminal Acts in the Field of Economic Crime in Serbia." In Twelfth Biennial International Conference Criminal Justice and Security in Central and Eastern Europe: From Common Sense to Evidence-based Policy–making. University of Maribor Press, 2018. http://dx.doi.org/10.18690/978-961-286-174-2.54.
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Nakane, Ikuko. "Accusation, defence and morality in Japanese trials: A Hybrid Orientation to Criminal Justice." In GLOCAL Conference on Asian Linguistic Anthropology 2019. The GLOCAL Unit, SOAS University of London, 2019. http://dx.doi.org/10.47298/cala2019.16-5.
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The Japanese criminal justice system has gone through transformations in its modern history, adopting the models of European Continental Law systems in the 19th century as part of Japan’s modernisation process, and then the Anglo-American Common Law orientation after WWII. More recently, citizen judges have been introduced to the criminal justice process, a further move towards an adversarial orientation with increased focus on orality and courtroom discourse strategies. Yet, the actual legal process does not necessarily represent the adversarial orientation found in Common Law jurisdictions. While previous research from cultural and socio-historical perspectives has offered valuable insights into the Japanese criminal court procedures, there is hardly any research examining how adversarial (or non-adversarial) orientation is realised through language in Japanese trials. Drawing on an ethnographic study of communication in Japanese trials, this paper discusses a ‘hybrid’ orientation to the legal process realised through courtroom discourse. Based on courtroom observation notes, interaction data, lawyer interviews and other relevant materials collected in Japan, trial participants’ discourse strategies contributing to both adversarial and inquisitorial orientations are identified. In particular, the paper highlights how accusation, defence and morality are performed and interwoven in the trial as a genre. The overall genre structure scaffolds competing narratives, with prosecution and defence counsel utilising a range of discourse strategies for highlighting culpability and mitigating factors. However, the communicative practice at the micro genre level shows an orientation to finding the ‘truth,’ rehabilitation of offenders and maintaining social order. The analysis of courtroom communication, contextualised in the socio-historical development of the Japanese justice system and in the ideologies about courtroom communicative practice, suggests a gap between the practice and official/public discourses of the justice process in Japan. At the same time, the findings raise some questions regarding the powerful role that language plays in different ways in varying approaches to delivery of justice.
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Kamchatov, Kirill V., Andrey A. Timoshenko, Ekaterina Yu Kamchatova, and Olga V. Buzu. "Effective Management of Seized and Confiscated Assets as a Condition for Providing Victims with Access to Justice and Fairness of Procedures Used in Criminal Proceedings: International and Russian Experience." In Conference on current problems of our time: the relationship of man and society (CPT 2020). Paris, France: Atlantis Press, 2021. http://dx.doi.org/10.2991/assehr.k.210225.029.
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Andreeva, Elena. "SUBSTANTIVE AND PROCEDURAL CRIMINAL LAW PROTECTION OF TRADE SECRETS." In THE LAW AND THE BUSINESS IN THE CONTEMPORARY SOCIETY 2020. University publishing house "Science and Economics", University of Economics - Varna, 2020. http://dx.doi.org/10.36997/lbcs2020.303.
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The article considers the essence of criminal aspects of the protection of trade secrets. The article comprises the following issues: Protection of trade secrets according to criminal substantive law; Protection of trade secrets according to criminal procedural law; Comparative legal research;
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Azarenok, N. V. "Explanations of Participants in Criminal Procedure." In XIV European-Asian Congress "The value of law" (EAC-LAW 2020). Paris, France: Atlantis Press, 2020. http://dx.doi.org/10.2991/assehr.k.201205.002.
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Kaija, Sandra. "CRIMINAL PROCEDURAL FORM AND ITS DIFFERENTIATION." In 5th SGEM International Multidisciplinary Scientific Conferences on SOCIAL SCIENCES and ARTS SGEM2018. STEF92 Technology, 2018. http://dx.doi.org/10.5593/sgemsocial2018h/11/s02.017.
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Misoski, Boban, and Ilija Rumenov. "THE EFFECTIVENESS OF MUTUAL TRUST IN CIVIL AND CRIMINAL LAW IN THE EU." In PROCEDURAL ASPECTS OF EU LAW. Faculty of Law, Josip Juraj Strossmayer University of Osijek, 2017. http://dx.doi.org/10.25234/eclic/6537.
Full textReports on the topic "Criminal Procedures"
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Orbeta Jr, Aniceto C., Vicente B. Paqueo, and Bilal Siddiqi. Impacts of judicial reform in criminal case procedures on court congestion in the Philippines. International Initiative for Impact Evaluation (3ie), February 2021. http://dx.doi.org/10.23846/pwpie131.
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