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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.
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Viljoen, Charmell S. "Secondary victimisation in the court procedures of rape cases : an analysis of four court cases." Thesis, Stellenbosch : Stellenbosch University, 2003. http://hdl.handle.net/10019.1/53584.
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Thesis (MPhil)--Stellenbosch University, 2003.ENGLISH ABSTRACT: Violence against women is a serious offence. Emotional and physical abuse can happen to our daughters, sisters and wives. Rape is a form of violence against women. It violates a woman's privacy, dignity and it makes her feel as if she has lost control. The criminal justice system is there to protect the citizens of a country and this protection should extend to women when they have been violated. The criminal justice system has different structures, for example the courts, medical services and police services. The staff of the criminal justice process do not have an inherent duty to care about rape survivors but they can be trained to treat survivors with consideration and sympathy to counteract the effects of the rape and secondary victimization experienced by rape survivors. It is important that there are guidelines for the staff of the criminal justice system to assist them in rape cases. This thesis explores whether women experience secondary victimisation during court proceedings. To assess whether it occurs, court transcripts were analysed with a focus placed on the background of the court case and the verdicts of the judges. Findings indicate that secondary victimisation do occur during court cases. Rape survivors feel as if they are on trial and not the rapist. Survivors furthermore believe that they will have to live with the label that they had been raped and humiliated. The thesis recommends that officials of the criminal justice process should receive extensive training, and looks at the Sexual Offences Court in Wynberg as an example of an improved system for rape survivors. It is recommended that the procedures of the Sexual Offences Court should be evaluated on a regular basis to address secondary victimisation problems that may persist. Communication is very important during the rape trial. The rape survivor has to be informed about her case and about the location of the rapist at all times.
AFRIKAANSE OPSOMMING: Geweld teen vroue is 'n ernstige oortreding wat plaasvind in ons samelewing. Emosionele en fisiese geweld kan gebeur met ons dogters, vroue en susters. Hierdie vorm van geweld laat vroue voel asof hulle beheer verloor oor hulle lewens en dit het ook 'n impak op hul self respek en selfbeeld. Die Kriminele Sisteem van Suid Afrika is daar om die belange van sy inwoners te beskerm. Dit het verskillende afdelings byvoorbeeld, die mediese dienste, die polisie en die hof verrigtinge. Die lede van die Kriminele Sisteem werk met verskillende individue wat voel dat die hof die uitweg sal wees wat geregtigheid sal laat geskied. Die lede van die Kriminele Sisteem het nie 'n persoonlike verantwoordelikheid teenoor die verkragtings oorlewendes nie, maar hulle moet sensitiwiteit en empatie betoon teenoor die dames wat verkrag was. Die gedrag van die personeel speel 'n groot rol in terme van hoe die vrou wat verkrag was die aangeleentheid verwerk. Die fokus van die studie is om te kyk of vroue wel sekondêre viktimisering ervaar wanneer hulle besluit om voort te gaan met die hofsake. Hof transkripsies was gebruik om te kyk of vroue wel benadeel word. Daar was gekyk na die uitsprake van die regters sowel as die agtergrond van die hofsaak. Daar was bevind dat sekondêre viktimisering wel plaasvind gedurende die hof verrigtinge. Vroue voel asof hulle verantwoordelik is vir die verkragting wat met hulle gebeur het. Die verkragter word nie gesien as die persoon wat oortree het nie. Hierdie gevoelens van self blamering vorm deel van sekondêre viktimisering wat veroorsaak dat vroue sommige kere voel om nie verder te gaan met die hof saak nie. Die verskillende lede van die Kriminele Sisteem moet gedurig opleiding verkry wat hulle in staat sal stel om die gevoelens van die slagoffers in ag te neem. Die howe wat spesiaal opgerig is om verkragting sake te verhoor moet geevalueer word sodat dit 'n sukses kan wees. Kommunikasie moet bevorder word tussen die verskillende departemente en nie -regerings organisasies wat 'n rol speel gedurende die hof sake.
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Giuranna, Alice. "Civil Law and Common Law: systemic differences or cultural contrast? Evaluating inconsistencies between the Italian, English and Welsh, Federal criminal procedures through the extensive media coverage of the Knox trial." Bachelor's thesis, Alma Mater Studiorum - Università di Bologna, 2020. http://amslaurea.unibo.it/20931/.
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The dissertation, which is entirely drafted in English, hinges on a comparative study of both the Italian and British legal system - including some reference to the American jurisdiction - from the point of view of the criminal procedure rules. Through the analysis of a specific case study, namely the trial for the murder of Meredith Kercher, the paper aims to highlight what the substantial differences between civil law and common law are and the extent to which these divergencies can impact criminal proceedings. Therefore, particular attention is placed on the media coverage that the case has had, both in Italy and in United Kingdom and the United States, and on how this has - perhaps only apparently - influenced the trial and public opinion.
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Rodríguez, Hurtado Mario Pablo. "Constitutionalization of procedural law and its impact in standard legislation reform, CPP (Criminal Procedure Code) and in criminal justice system." Pontificia Universidad Católica del Perú, 2013. http://repositorio.pucp.edu.pe/index/handle/123456789/116463.
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This article examines the close relationship between criminal procedure and constitutional law within a democratic State framework as well as the guarantees provided from a constitutional point of view in accordance with the current context of human rights globalization. Then, the author approaches us to criminal procedure main principles and guarantees, procedural models historically formed. Finally, it presents an interesting Criminal Procedural Code analysis describing guarantees, principles and procedural models recognized in our country.Este artículo reflexiona sobre la estrecha relación entre el proceso penal y el derecho constitucional en el marco de un Estado democrático, así como sobre las garantías que debe brindar desde la óptica constitucional y en el actual contexto de globalización de los derechos humanos. A continuación nos aproxima a los principales principios y garantías del proceso penal, y a los modelos procesales históricamente configurados. Finalmente, el artículo nos presenta un interesante análisis de Código Procesal Penal, describiendo las garantías, principios y modelo procesal reconocido de nuestro país.
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Safferling, Christoph Johannes Maria. "Towards an international criminal procedure /." Oxford [u.a.] : Oxford University Press, 2003. http://www.loc.gov/catdir/enhancements/fy0615/2003276194-d.html.
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Campilongo, Paulo Antonio Fernandes. "Correlação entre fato e decisão no processo penal e no processo administrativo tributário." Pontifícia Universidade Católica de São Paulo, 2012. https://tede2.pucsp.br/handle/handle/5870.
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Previous issue date: 2012-05-24This research aims to carry out the confrontation between the tax administrative procedure, in particular regarding the correlation between the proceeding fact and the decision to be produced in each of those procedural modalities. Facing this analysis, it intends to verify whether the informant principles of the criminal process can be imported, subsidiarily, to the tax administrative procedure, without any communication rumor, so as to authorize the tax release review by the administrative authorities in the exercise of atypical trial activities. To do so, it resorts, under the scientific-theoretical approach, of both the logicalsemantic constructivism and the theory of autopoietic systems, in order to achieve an approximation of those theories and, thus, better understand how the syntactical closure and the semantic and pragmatic opening of the legal systems would occur, as well as the operational closure and the cognitive opening, defended by the mentioned theories. This provides the understanding and reasoning about how the communication operations in the legal system occur, how and at what time the legal facts enter the system and how important is the process in terms of legal safety, for its legitimacy. By taking the moment in time analysis of the insertion of the legal criminal fact and the tax legal fact in the legal system, as well as the legitimate authorities to enter them in a relevant language, the study herein tries to prove that the subsidiary application of the institutes of the amendment or libel change in criminal proceedings do not have the same connotation as the release review by mistake in fact or error straight of law in the course of the tax administrative procedure
Esta pesquisa tem por objetivo realizar a confrontação entre o processo administrativo tributário e o processo penal, em especial no que tange à correlação entre o fato processual e a decisão a ser produzida em cada uma dessas modalidades processuais. Diante dessa análise, busca verificar se os princípios informadores do processo penal podem ser importados, de forma subsidiária, para o processo administrativo tributário, sem qualquer ruído de comunicação, de maneira a autorizar a revisão do lançamento tributário pelas autoridades administrativas no exercício da atividade atípica de julgamento. Para tanto, socorre-se, sob o enfoque teórico-científico, do construtivismo lógico-semântico e da teoria dos sistemas autopoiéticos, buscando uma aproximação dessas teorias, com o propósito de compreender melhor como ocorreria o fechamento sintático e a abertura semântica e pragmática dos sistemas jurídicos, bem como o fechamento operacional e a abertura cognitiva, defendidos, respectivamente, pelas teorias citadas. Isso propicia a compreensão e a fundamentação acerca de como ocorrem as operações de comunicação no sistema jurídico, como e em que momento os fatos jurídicos ingressam no sistema e de qual é a importância do processo, em termos de segurança jurídica, para a sua legitimação. Pelo exame do momento temporal da inserção do fato jurídico penal e do fato jurídico tributário no sistema jurídico, bem como das autoridades legitimadas para inseri-los em linguagem competente, o presente estudo procura demonstrar que a aplicação subsidiária dos institutos da emenda ou mudança do libelo no processo penal não tem a mesma conotação que a revisão do lançamento por erro de fato ou erro de direito no curso do processo administrativo tributário
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Zaclis, Daniel. "A regra do prejuízo e as nulidades processuais: construção de um modelo racional de aplicação do \"pas de nullité sans grief\" no âmbito do processo penal brasileiro." Universidade de São Paulo, 2015. http://www.teses.usp.br/teses/disponiveis/2/2137/tde-09112015-143036/.
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O presente trabalho tem como escopo central a análise da regra do prejuízo relacionada às nulidades no processo penal. Corolário da teoria da instrumentalidade das formas, a regra do prejuízo dispõe que somente será reconhecida a nulidade se do ato viciado resultar algum prejuízo para a acusação ou para a defesa. A despeito de sua importância para a construção de um modelo finalístico, referida categoria do prejuízo vem sendo aplicada de forma caótica pela jurisprudência pátria. Na realidade, o entendimento daquilo que de fato configura o prejuízo para efeitos do artigo 563 do Código de Processo Penal se perdeu em meio a decisões controversas e confusas acerca do tema. A regra, inicialmente adotada no processo civil, foi transportada ao processo penal sem as devidas cautelas e desprovida dos necessários ajustes. Inexiste uma sistematização mínima para aferição do prejuízo, sendo certo que hodiernamente se confere uma discricionariedade absoluta ao magistrado para determinar se no caso concreto há alguma lesão às partes. Nesse cenário, a precípua função da forma, que é assegurar uma proteção ao acusado contra eventuais arbitrariedades do Estado, muitas vezes é deixada de lado. Toda essa problemática tem gerado um ambiente instável para correta aplicação das nulidades, o que acaba por acarretar uma notável insegurança jurídica. O presente estudo tem a pretensão de propor um modelo racional de aferição do prejuízo, com base no qual o magistrado encontrará critérios mais claros para a aplicação das nulidades no processo penal.This research aims to analyze the harmless error rule, strictly related to the subject of nullities in the criminal procedure. As a deployment of the theory of instrumentality of the procedural forms, the harmless error rule provides that a mistake will only cause the nullity of the procedure if there is evidence to support that the prosecution or the defense were actually harmed by that error. Although extremely important for the incorporation of teleological model of nullity, the mentioned harmless error rule has been wrongfully applied by Brazilian courts. In reality, the understanding of the actual meaning of the word harm, as per article 563 of the Criminal Procedure, has been lost throughout so many different confusing and controversial court decisions. The harmless error rule, initially used in civil cases, was brought to criminal procedure without the needed adjustments. There is no minimum systematization in order to identify a harmful error and, therefore, nowadays the judge has total discretion to determine in each case the severity of the error. Given this reality, the most important function of a procedural form, which is to protect the defendant against eventual arbitrary measures committed by the State, is normally forgotten. All these issues have caused an unstable background regarding the correct application of the nullities, leading to a noticeable legal uncertainty in this subject. This research has the intention to come up with a rational model of application of the harmless error rule, based on which the judges will find the necessary criteria to recognize nullities in criminal procedures.
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Tiede, Lydia Brashear. "The politics of criminal law reform a comparative analysis of lower court decision-making /." Diss., Connect to a 24 p. preview or request complete full text in PDF format. Access restricted to UC campuses, 2008. http://wwwlib.umi.com/cr/ucsd/fullcit?p3307373.
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Thesis (Ph. D.)--University of California, San Diego, 2008.Title from first page of PDF file (viewed August 13, 2008). Available via ProQuest Digital Dissertations. Vita. Includes bibliographical references.
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Alsaif, Dalal. "L'appréhension de la criminalité organisée. Étude comparative des droits français et koweïtien." Thesis, Poitiers, 2018. http://www.theses.fr/2018POIT3001.
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La lutte contre la criminalité organisée est, aujourd'hui, une des priorités nationales et internationales. Pour ce faire, les États n'adoptent pas cependant toujours les mêmes solutions, comme le montre l'étude comparative des droits français et koweïtien. Sur le plan substantiel, les deux droits ont de nombreux points communs. La criminalité organisée n'a en effet pas été incriminée en tant que telle, aussi bien par le législateur français que koweïtien. Il existe cependant dans ces deux droits plusieurs incriminations permettant d'appréhender ce phénomène criminel. Il s'agit donc ou bien de lutter contre les organisations criminelles, via l'association de malfaiteurs ou l'entente criminelle, ou bien de lutter contre les activités criminelles commises par ces organisations, via la circonstance aggravante de bande organisée ou de groupe criminel organisé. Pour lutter contre la criminalité organisée, les deux droits adoptent également une politique répressive adaptée notamment en permettant aux repentis de bénéficier d'une exemption ou éventuellement d'une réduction de peine lors qu'ils collaborent avec la justice. Sur le plan procédural, les deux droits ont en revanche adopté une approche différente. Le droit français a prévu, en ce domaine, des règles de procédure dérogatoires au droit commun et a donné compétence à des juridictions spécialisées (les JIRS). Le droit koweïtien, quant à lui, se contente des règles procédurales et des juridictions de droit commun pour appréhender la criminalité organisée. Sur cet aspect, si la spécialisation des juridictions françaises ne semble guère transposable en droit koweïtien, le législateur du Koweït pourrait s'inspirer des règles dérogatoires prévues en droit français pour mieux appréhender la criminalité organiséeThe fight against organized crime is today one of the national and international priorities. To do so, however, the countries do not always adopt the same solutions, as shown by the comparative study of French and Kuwaiti laws. Substantially, the two laws have many points in common. Organized crime has not actually been criminalized as such by French and Kuwaiti legislators. There are, however, several criminalizations to apprehend this criminal phenomenon in these two laws. It is either to fight against criminal organizations, via the conspiracy (association de malfaiteurs/entente criminelle), or to fight against the criminal activities committed by these organizations, via the aggravating circumstance of organized criminal group (bande organisée/groupe criminel organisé). To fight against organized crime, both laws also adopt an adapted repressive policy that allows the collaborator of justice to be exempted from penalty or to benefit from a reduction of the sentence. Procedurally, the two laws have adopted different approaches. The French law contains some special criminal procedures, applicable to organized crime, that derogate from ordinary criminal procedures. It also conferred on the specialized courts the competence to adjudicate the organized crime cases (the JIRS). The Kuwaiti law, on the other hand, is content with relying on ordinary criminal procedures and ordinary courts to apprehend organized crime. On this aspect, if the specialization of the French courts does not seem to be transposable into Kuwaiti law, the latter can adopt the French special criminal procedures to better combat organized crime
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Denis, Jason. "Rehabilitation procedures for Minnesota offenders under probationary supervision." Online version, 2000. http://www.uwstout.edu/lib/thesis/2000/2000denisj.pdf.
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Leung, Po-tak. "Reasonable suspicion : a police perspective /." [Hong Kong : University of Hong Kong], 1994. http://sunzi.lib.hku.hk/hkuto/record.jsp?B13857812.
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Dreher, Kyra. "Kontrollierbarkeit konsensualer Verfahrensweisen am Beispiel des US-amerikanischen Strafprozessrechts /." Berlin : Duncker & Humblot, 2003. http://bvbr.bib-bvb.de:8991/F?func=service&doc_library=BVB01&doc_number=010324156&line_number=0001&func_code=DB_RECORDS&service_type=MEDIA.
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Gohn, Rodney L. ""COLD CASE" INVESTIGATIONS WITHIN FAIRFAX COUNTY: TURNING THE LIABILITY OF TIME INTO AN ASSET." VCU Scholars Compass, 1995. http://scholarscompass.vcu.edu/etd/4625.
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No department or individual involved in the investigation of homicides is ever going to have a 100% closure rate. Therefore, many departments will be faced with a situation where another homicide happens before they are finished handling the previous one.
How does one manage these open cases; how often are they reviewed; and who is responsible once the assigned detective is either transferred or leaves the unit or department? Someone has to be able to answer questions from the family, media and anyone else who might inquire about the case.
Based on the number of unsolved homicide cases within Fairfax County, the concept of a “Cold Case Squad” was explored. During January 1995, the Fairfax County Police Department implemented a Cold Case Squad consisting of one supervisor, three veteran detectives, two auxiliary police officers and one cadet. The Cold Case detectives inherited approximately 75 unsolved homicides which occurred in Fairfax County, Virginia, from 1964 through December 31, 1994. More than half of the unsolved homicides (42) have occurred in the past nine years.
The hypothesis for this thesis was: The formulation of a Cold Case Squad would measurably reduce the number of unresolved homicides within Fairfax County. The primary evaluation factor for the thesis was the Cold Case Squad’s “close-ability” rate.
The thesis identified and evaluated nine solvability factors utilized by the Cold Case Squad Supervisor. The solvability factors are considered when prioritizing case investigation, assigning personnel to an investigation and suspending investigate efforts. One of the goals for utilizing solvability factors is to develop a clear profile of cases with the most potential for close-ability.
The study population for this thesis is the 42 unsolved homicides which have occurred in Fairfax County, Virginia, between January 1, 1986, and December 31, 1994. Solvability factor work sheets were completed and computated for the study population.
The hypothesis has been proven as there is a measurable reduction in the number of unsolved homicides. From the study population, two cases have been closed by arrest, one case closed by exceptional means and one case is pending approval from the Commonwealth Attorney’s Office to obtain arrest warrants. These four cases represent a 9.5% reduction of unsolved cases within the study population.
A copy of this thesis was given to the Cold Case Squad Supervisor for review and application. It is hoped the research from this thesis will be applied to the Cold Case Squad so it will become more effective and continue to turn the liability of time into an asset.
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Gregory, John Christopher. "A STUDY TO IDENTIFY THE ATTRIBUTES OF POLICE STRATEGIES AND THE RELATED LEADERSHIP STYLES IN ORDER TO ADDRESS THE QUALITY OF LIFE ISSUES IN POLICE ORGANIZATIONS AND THE COMMUNITY." VCU Scholars Compass, 2003. http://scholarscompass.vcu.edu/etd/5061.
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This research identified and examined the attributes of police strategies and the related leadership styles in an attempt to develop a model that would benefit police organizations and the community in an effort to have a positive impact on the quality of life of all citizens in the community.
It was a qualitative study that utilized literature from the law enforcement community, the business community, the athletic community, as well as the military community. Personal law enforcement and military experience was considered in order to bring an intimate view of leadership in times of peril and crisis into the text. Recollections of former leaders and the leadership styles they employed were considered when reviewing the literature for this text.
The need for leaders who employ leadership styles that facilitate the effective planning and execution of police strategies in today’s police organizations is a primary issue in our communities. Leaders and leadership have almost countless definitions, but the intent of this research is to challenge senior police leaders to inspire the citizens, which includes police officers, in their community to define and recognize leadership according to the specific and unique qualities of their police organization and their community (Densten, 1999). The police strategies that are considered in this research are ineffective unless a leader with the desire to change the course of his or her police organization is willing to commit to improving the quality of life of every voiceless, nameless, and faceless citizen in his or her community. Police leaders have to exercise a style of leadership that will transform the personal and professional lives of the police officers in his or her organization.
This research has identified the attributes of traditional policing and community oriented policing as well as the attributes of transactional leadership and transformational leadership in an attempt to determine the most effective manner to employ one of these strategies in order to accomplish the diverse goals of today's police organizations. This study recognizes that every police organization is unique and that there are organic variables and traits that allow certain organizations to employ certain strategies by implementing certain styles or combinations of styles while other organizations have to utilize alternative strategies and styles based on resource and community issues.
This study does not attempt to merge the attributes of police strategies and leadership styles into a perfect and complete puzzle. All of the parts and pieces will not match perfectly or align properly. Effective leadership is the key to sculpting the rough edges and sides that don‘t quit seem to fit perfectly into the organization. There is no cookie cutter formula, however, police leaders must have the ability to adapt and to motivate police officers and citizens to change the quality of life in their community. This study sought to determine the attributes of police strategies and the attributes of leadership styles that best merge and align with the goals of police organizations. There needs to be a relationship between police strategies and leadership styles as well as a relationship between leaders and followers, and police officers and citizens (McKee, 2001). This study identifies the attributes and attempts to provide a skeleton model that police leaders can modify and adapt to their particular police organization and community.
The cumulative findings of this study support the need for effective police leaders who can implement police strategies by employing a leadership style that inspires participation, cooperation, and goal accomplishment. This study recommends that community oriented policing strategies best support the needs, concerns, and desires of all citizens when transformational leadership attributes are employed at the senior police leadership levels and adopted by the first line police leaders. The recommendations are intended to improve the quality of leadership in police organizations as well as the quality of the relationships between the all citizens, which can facilitate improvements in the quality of life in the community.
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Yin, Bo. "Procedural consequences stemming from criminal procedural deficiences : a unified and scientific theory." Thesis, University of Aberdeen, 2011. http://digitool.abdn.ac.uk:80/webclient/DeliveryManager?pid=174688.
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This thesis is intended to discover a unified and scientific theory of breaches of criminal procedure and their results. In Chapter One, I provide readers with a way of navigating the argument. In Chapter Two, England, Germany and China are the representative jurisdictions. I then try to harmonise ‘criminal procedure’ and ‘xing-shi su-song-fa’ in Chinese. In Chapter Three, a criminal procedure rule is composed of a procedural direction and the consequence of its breach. Weaknesses in procedural remedies exist in every jurisdiction. In Chapter Four, two obstacles are cleared up: the Anglo-American suspicions about universal legal theory and the antagonistic position between socialist and capitalist laws. Two scientific factors are found: three objectives of criminal procedure: substantive truth, procedural regularity and legal harmony; criminal procedural conduct as the analytical unit. In Chapter Five, civil juristic act theory cannot be mechanically transplanted. Two categorisations are found useful: disposition-influencing conduct, procedure-inducing conduct and adjudicative conduct; conduct by a person in authority and conduct by a person not in authority. In Chapter Six, there are simply proclaimed rules and nullity-backed rules. Breaches of nullity-backed rules can be either absolutely null or relatively null. The treatment of relatively null conducts is either nullification or regularisation. There are three conventional nullifications: reversal of adjudicative conduct; exclusion of disposition-influencing conduct and nullification of procedure-inducing conduct. Regularisation is divided into disposal and overlooking. If substantive aspects are examined, mitigation of sentence and ending of proceedings may be applied. Transmutation of invalid procedural conduct is a peculiar treatment. Then, I briefly integrate the subordinate procedural mechanisms in terms of institutional arrangements and structural constraints. In Chapter Seven, I explore the function of this theory in terms of theoretical guidance, legislation and legal practice, although discretion is unavoidable for deciding the final consequence of many breaches.
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Al-Hargan, Abdulhamid Abdullah. "The Saudi pre-trial criminal procedure and human rights." Thesis, University of Kent, 2006. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.433181.
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Machado, André Augusto Mendes. "A investigação criminal defensiva." Universidade de São Paulo, 2009. http://www.teses.usp.br/teses/disponiveis/2/2137/tde-27082009-114835/.
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O objeto primordial desta dissertação é conceituar a investigação criminal defensiva, sob a ótica da eficiência e do garantismo, e demonstrar a necessidade deste instituto nos ordenamentos jurídicos em que a investigação pública é tendencialmente acusatória. Para tanto, nos dois capítulos iniciais, esclarecem-se alguns aspectos gerais condizentes ao tema em análise, a saber: a definição de investigação criminal e suas principais características; a questão da parcialidade do Ministério Público e a investigação do crime por este órgão; e a definição de inquérito policial e sua disciplina legal no Brasil. Em seguida, aborda-se a relação da investigação defensiva com os princípios constitucionais da igualdade e da ampla defesa, que se encontram na base de um processo penal acusatório e asseguram às partes igual oportunidade de comprovarem os seus argumentos. Por conta disso, se um sistema jurídico prescreve a investigação do crime pelo próprio órgão acusatório, é de rigor que o imputado tenha direito equivalente, sob pena de se violar os mencionados direitos fundamentais. Ademais, a investigação defensiva, ao permitir a obtenção de elementos que serão contrapostos à investigação pública, amplia o campo cognitivo do Magistrado, o qual disporá de um maior número de dados materiais para fundamentar decisão acerca da viabilidade da acusação e da adoção de medidas cautelares. Após a análise constitucional da investigação defensiva, estuda-se o tratamento conferido pelo Direito estrangeiro a esta matéria, particularmente na Itália, onde o tema está em voga e é objeto de importantes e auspiciosos debates jurídicos. Ao final, a dissertação cuida da concretização da investigação defensiva, isto é, o modo como deve se desenvolver, as suas limitações, a utilização do seu resultado e a possibilidade de inserção no ordenamento jurídico pátrio.The main subject of this dissertation is to create a concept of the criminal defense investigation, under the efficiency and the guarantism perspectives, and to demonstrate the need of such institute in the legal system in which the public investigation has an acusatory tendency. For this purpose, in the first two chapters, the dissertation clarifies certain general aspects regarding the subject under analysis, such as: the definition of criminal investigation and its main characteristics; the question of partiality of the Public Prosecutor\' s Office and the criminal investigation ran by this office; and the definition of criminal investigation and its legal regulation in Brazil. Following, the dissertation approachs the relation of defensive investigation with the constitutional principles of equality and of full defense, which are in the base of an accusatory criminal procedure and assure the parties equal opportunities to prove their arguments. For this reason, if a legal system provides for a criminal investigation to be conducted by the accusatory party itself, it is imperative that the accused has equivalent rights, otherwise the legal system will be violating the above mentioned fundamental rights. Furthermore, in allowing gathering elements which shall be confronted with the official investigation, the defense investigation expands the cognitive field of the Magistrate, who will have more material data to pronounce a decision regarding the accusation\'s viability and the adoption of cautionary measures. After the constitutional analysis of the defense investigation, the dissertation enters into the foreign law on this subject, particularly from Italy, where the matter is highly in evidence and is the subject of important and auspicious legal debates. In the end, the dissertation provides for the materialization of the defense investigation, i.e., the manner in which it shall be developed, its limitations, the use of its results and the possible insert in our national legal ordinance.
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Owusu-Bempah, A. "Penalising defendant non-cooperation in the criminal process and the implications for English criminal procedure." Thesis, University College London (University of London), 2012. http://discovery.ucl.ac.uk/1364564/.
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Requirements for the defendant to actively participate in the criminal process have been increasing in recent years such that the defendant can now be penalised for his non-cooperation. This thesis explores the procedural implications of penalising a defendant’s non-cooperation, particularly its effect on the English adversarial system. This thesis uses three key examples: 1) limitations placed on the privilege against self-incrimination, 2) adverse inferences drawn from a defendant’s silence, and 3) adverse inferences drawn from defence non-disclosure. The thesis explores how laws regarding the privilege against self-incrimination, the right to silence and pre-trial disclosure came to be reformed such that the defendant can now be penalised for his non-cooperation, and how these laws have been approached by the courts. A normative theory of criminal procedure is developed in the thesis and is used to challenge the idea of penalising defendant non-cooperation in the criminal process. The theory proposes that the criminal process should operate as a mechanism for calling the state to account for its accusations and request for official condemnation and punishment of the accused. Within this framework, the defendant should be free to choose whether or not to cooperate and participate throughout the process. The theory rests upon a broad interpretation of the presumption of innocence, the right to a fair trial, and a conception of the relationship between citizen and state. Conversely, the thesis finds that, by placing participatory requirements on the defendant and penalising him for his non-cooperation, a participatory model of procedure has developed. This model relies on the active participation of the defendant in pursuit of efficient fact finding. The participatory model is far removed from England’s history of adversarialism and, unfortunately, has less regard for legitimacy, fairness and respect for defence rights.
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Tarantal, Willem Benjamin. "The right of appeal: Exercising the right of appeal from the lower courts." Thesis, University of the Western Cape, 2005. http://etd.uwc.ac.za/index.php?module=etd&.
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This thesis dealt with the constitutionality of the provisions of the Criminal Procedure Amendment Act, 2003 (Act 42 of 2003), pertaining to the leave requirement and petition procedures in respect of appeals against conviction, sentence or orders of the lower courts.
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Lüer, Gunnar. "Die Versäumung im Berufungsverfahren : das strafprozessuale Anwesenheitsprinzip im Spannungsfeld von autonomer Subjektstellung und öffentlichen Interessen am Beispiel des 329 Abs. 1,2 StPO /." Frankfurt a.M. [u.a.] : Lang, 2003. http://www.gbv.de/dms/spk/sbb/recht/toc/367733749.pdf.
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Gore, Sally 1979. "Premenstrual syndrome as a substantive criminal defence." Thesis, McGill University, 2003. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=80923.
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It is now over twenty years since the criminal trials of two women caught the attention of the British media. Sandra Craddock (later Smith) and Christine English both raised a successful defence of diminished responsibility based on premenstrual syndrome to a murder charge. In these cases the Court of Appeal apparently determined that PMS is a factor that can limit criminal responsibility. Although this thesis concentrates on the situation as it exists in English law, many of its conclusions are equally relevant to other legal systems, particularly those in common law jurisdictions.The issues that are likely to arise in a criminal trial in which a defendant wishes to base a substantive defence on premenstrual syndrome can be condensed into five central questions: (i) Does premenstrual syndrome exist at all? (ii) If so, does the defendant suffer from the condition? (iii) Did PMS cause or contribute to the defendant's actions? (iv) If the answer to (iii) is yes, should the act be excused? (v) If so, under what category of excuse? This thesis will discuss the way in which these questions might best be approached. (Abstract shortened by UMI.)
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Braun, Felix 1973. "Cultural diversity in international standards for criminal sentences." Thesis, McGill University, 2001. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=32797.
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This thesis examines the debate about cultural relativism of human rights in the concrete context of the prohibition of torture, inhuman and degrading treatment as applied to criminal sentences. A study of the jurisprudence concerning the prohibition reveals that traditional legal methodology is unable to decide this debate unequivocally. It is argued that both an extreme uniformity in its interpretation as well as a complete lack of common standards are indefensible in the contemporary system of international law. Therefore, any modern interpretation of the prohibition has to strike a balance between these two extremes. Yet, this balance can not be established unilaterally once and for all. It has to be the result of an ongoing universal debate within the preexisting legal framework. Thus, the compromise that is found will shift over time to reflect the evolving consensus of the international community.
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Tang, Wai-yau Peter. "The influence of gender on juvenile court dispositions." Hong Kong : University of Hong Kong, 1998. http://sunzi.lib.hku.hk/hkuto/record.jsp?B20621929.
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WANG, CHIEN-WEI, and 王建偉. "A Research of Norms of DNA Criminal Evidences' Sampling Procedures." Thesis, 2010. http://ndltd.ncl.edu.tw/handle/98947712089107993650.
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Chen, Si-Cheng, and 陳思成. "THE STATUS OF THE PROSECUTOR IN GOVERNMENT AND IN CRIMINAL PROCEDURES." Thesis, 1998. http://ndltd.ncl.edu.tw/handle/30242993959035224947.
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Szu-Cheng, Chen, and 陳思成. "THE STATUS OF THE PROSECUTOR IN GOVERNMENT AND IN CRIMINAL PROCEDURES." Thesis, 1998. http://ndltd.ncl.edu.tw/handle/87017402164842425597.
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SU, YU-TANG, and 蘇鈺棠. "A Study of Forensic Science under the Citizen Participation in Criminal Trial Procedures." Thesis, 2016. http://ndltd.ncl.edu.tw/handle/3s5hp8.
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Mokonyama, William Madimetja. "A critical analysis of the procedures followed to conduct identification parades : a case study in Mpumalanga, South Africa." Thesis, 2010. http://hdl.handle.net/10500/3530.
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The research attempts to establish how an identification parade
should be conducted, for evidence derived from it to be admissible in court. To conduct effective investigation, it is important for investigators to be familiar with the concept “identification parade”, its purpose, the procedures to conduct it and its values.
To achieve the goals and objectives of the practice of an identification parade, investigators must know how to conduct it, what the value of its evidence is, and how to use it as a technique to identify suspects.
The direction, by implication, and clarification of the crime situation, is hardly possible without the determination of the identity of the perpetrator or suspect of a criminal act. The recognition of the identification parade as a form of evidence gathered is of the utmost importance.Criminology
Thesis (M.Tech. (Forensic Investigation))
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Ncube, Njabulo. "Procedures for searching evidence in the investigation of computer-related crime in Bulawayo, Zimbabwe." Diss., 2015. http://hdl.handle.net/10500/21021.
Full textAbstract:
Text in EnglishThe continued advancement in myriad technological, societal and legal issues has affected the investigation of computer aided crimes. The investigators are confronted with tremendous impediments as the computer aided and traditional crime scenes differ. The study sought to analyse the procedures for searching evidence in the investigation of computer-related crime with the intention to improve admissibility of such evidence. The researcher employed empirical design to reach conclusions based upon evidence collected from observations and real life experiences. This aided the researcher to obtain information through face-to-face interviews. The study was qualitative in approach as it consisted of a set of interpretive and material practices that make the real social world visible. The training curriculum for investigators should include aspects of computer-related crime investigation, search and seizure of computer evidence. Search and collection of computer-related evidence should be done preferably by qualified forensic experts, so that evidence is accepted in court.
Police Practice
M. Tech. (Forensic Investigation)
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Boodhoo, Vinesh. "A critical analysis of the procedures followed in child rape cases in Mpumalanga Province." Diss., 2015. http://hdl.handle.net/10500/19162.
Full textAbstract:
This study reflects a critical analysis of the procedures followed in child rape cases in
Mpumalanga Province and in the process to enhance investigative capabilities with sound detective development.
Empirical research was conducted with a literature review, docket analysis and interviews as methods to obtain information where the following important aspects were addressed: an overview of the field of forensic investigation, the shortcomings with regard to child rape investigations and correct procedures for conducting child rape investigations formulated.
The study found that generally rape cases were not properly investigated, correct procedures were not followed (biological/physical evidence was not readily identified nor correctly handled) and applicable directives pertaining to child rape investigations not complied with. Investigators had a narrow understanding of the concept forensic investigation. In child rape investigations it would be of more evidential value and reliable to collect physical evidence such as blood, semen, vaginal fluids and saliva as the child’s testimony at court might not be reliable, particularly when subjected to cross examination. Rape is both a contact crime as well as a psychologically motivated crime and both aspects of the trauma needs attention during the investigation process.
Crimes against women and children are also a national concern, thus making child rape a priority crime for the South African Police Service. For any successful prosecution it is necessary that policy and correct procedures are not compromised but rather strictly adhered to.
The Locard Principle in relation to physical evidence such as body fluids at the crime scene needs to be focussed on during the investigation process. The research suggests that the current standing operating procedures be amended to include the critical aspects of child rape investigation such as processing of the crime scene, the search for biological evidence as well as the packaging and preservation of biological evidence.Police Practice
M. Tech. (Forensic Investigation)
40
Monyakane, ’Mampolokeng ’Mathuso Mary-Elizabeth. "The constitutionality of employers' investigative procedures and disciplinary hearing processes with specific reference to dismissal of employees on the basis of criminal misconducts in South Africa." Thesis, 2020. http://hdl.handle.net/10500/26956.
Full textAbstract:
This Doctoral thesis entitled the Constitutionality of Employers' Investigative Procedures and Disciplinary Hearing Processes with Specific Reference to Dismissal of Employees on the Basis of Criminal Misconducts in South Africa, focusses on individual labour law principles of fair labour practices entrenched in section 23(1) of the Constitution. The thesis deals with fairness in situation where an employee who is suspected of committing a criminal act is investigated and subsequently goes through a disciplinary hearing for dismissal. It determines the extent to which an employee’s criminal guilt is decided before dismissal. As such, the thesis is based upon South African judicial interpretation of the right to fair dismissal. In the process the thesis examines the application of principles informing the employer’s duty to provide fair reason concerning the dismissal of employees criminal suspects. In examining if employers observe constitutional transformative objective when conducting criminal investigations and disciplinary hearings - the thesis reviews the extent to which the employer respects constitutional rationales of equity based on the principles of natural justice. These natural justice principles are the basis upon which section 23(1) fairness is founded. Section 23 (1) is implemented through the LRA provisions. The thesis then concludes that, only one principle of natural justice - audi alteram partem is respected within employer flexibility-based fairness while the other principle - nemo judex in propria sua causa is ignored. It is this denial that causes serious procedural challenges in the quest for equity intended in section 23(1) fair labour practices. It is upon these foundational equity concerns that this thesis opposes the flexibility in employer’s criminal investigations and disciplinary hearing processes entrenched in item 4 (1) of Schedule 8 of the LRA fair procedure for dismissal of employees suspected of criminal acts. The thesis interlinks labour law and criminal law to advocate for the missing constitutionally justiciable fairness for employees who have committed criminal misconducts. It argues that the current judicial interpretation of labour law fairness is based upon the principle of flexibility underlying dismissals, asserting that fairness based on flexibility breeds informal procedural processes which exempt employers from observing crucial constitutional fairness principles expressed through proportionality-based prescripts. The thesis concludes that the practice of including the right against self-incrimination in employment law, done in other common law countries be introduced into the South African labour law through section 39 of the Constitution so that the identified procedural challenges are regulated.Mercantile Law
LL.D.
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TSAI, YI-JING, and 蔡依靜. "The Crime Victim Protection in Criminal Procedure－Focus on the Code of Criminal Procedure." Thesis, 2015. http://ndltd.ncl.edu.tw/handle/ra2h6w.
Full textAbstract:
碩士開南大學
法律學系
104
Taiwan’s criminal litigation system, after transition from the inquisitional doctrine into the reformed adversarial system, together with the domesticalization of International Covenant on Civil and Political Rights and international Covenant on Economic, Social and Cultural Rights, has appeared great emphasis on the human right of the defendant. Relatively the protection of crime victims seems not receiving the same attention. In fact, in a variety of crimes, the life, body, freedom, or property of the crime victims are often suffer the most direct injuries, and the remedy and restitution of damages for crime victims has been an important mission in the various substantive law and positive law regime. However, when we look back and examine the various legal systems regarding to the protection of crime victims, they not only lack protections in the substantive aspects, it is more likely to cause obstacles for the realization of the rights and interests of crime victims in the procedural aspects. In view of international aspect, since the 1970s of 20th century, the international convention or national legislation had already widely developed the requirement of “victim participation” in the criminal procure, such as UN Declaration of basic principles relating to victims of crime and relating to victims of abuse of power of 1985, USA Omnibus Victim and Witness Protection Act of 1982, France loi renforcant la protection desvictimes d`infractions of 1983, etc. As result, the victims shall not only accept evidence investigation as witnesses on "objectivity of participation" basis, but have the right to state opinions or request for cross-examination of witnesses and other evidence investigation, i.e. active “subjectivity of participation” authority. In addition, with reference to the recent White Rose movement resulting from the lenient sentence of girl sexual assault and the return movement of military justice law triggered by soldier abuse incident, they both resulted in the proposed movement pursuing judicial reforms based on "crime victim" position, and also highlighted the helplessness and resentment of general nationals on the judicial status. To eliminate the gap between the judiciary and the people's feelings and enhance credibility, it’s undoubtedly necessary to improve the participation of crime victims in criminal proceedings, which enables their expression of opinions, and avails communication and understanding with judicial officials, in order to have opportunities for better mutual recognition and achieve true realization of substantive rights and interest through participation in such proceedings and convenience principle of procedures.
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Huang, Chunchieh, and 黃君介. "Rebuilding of Criminal Detention Procedure." Thesis, 2011. http://ndltd.ncl.edu.tw/handle/61567132825218856090.
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Lee, Shihching, and 李思靜. "Victim's Position in Criminal Procedure." Thesis, 2013. http://ndltd.ncl.edu.tw/handle/99072109794125951937.
Full textAbstract:
碩士國立臺北大學
法律學系一般生組
101
In criminal procedure, we always focus on how to protect the right of the defendant. However, we always ignore the right of the victim. Indeed, the victim is the one who suffer from the crime, so we have to figure out how to protect the victim in criminal procedure. This study consists of seven chapters. To begin with, we will begin by introducing the motive、propose、method and range of this study. Then, we discuss the basic concept of the victim in chapter 2. Behind the definition of the victim, this paper introduces the theories of why should we protect the victim in chapter3. Finally, discussing victim’s position in criminal procedure and making conclusion. The study examines current enactment with regard to researching the criminal procedure rights of the criminal victims and introduces the theories of criminal victims’ protection. In particular, this thesis attempts to explain a further rule for the criminal procedure rights of the criminal victims. Although there are many international scholarly discussions on this particular issue, the current law still remains silent.
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Lee, Chen-Yi, and 李貞儀. "EXPERT WITNESS OF CRIMINAL PROCEDURE." Thesis, 1998. http://ndltd.ncl.edu.tw/handle/46507543028895404988.
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Ni, Zi Xiu, and 倪子修. "Anonymous Witness and Criminal Procedure." Thesis, 1996. http://ndltd.ncl.edu.tw/handle/47277492162645932487.
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Chen, De-Chih, and 陳德池. "Preservation of Evidences in Criminal Procedure." Thesis, 2006. http://ndltd.ncl.edu.tw/handle/90289944873858437810.
Full textAbstract:
碩士東吳大學
法律學系
94
Taiwan criminal procedural law has significant changes after the resolution of the National Judiciary Reform Conference in 1999 that determined to adopt the “Adversary System” from the “Official principle”. Amendatory Acts after the conference are proceeded based upon the idea of “Refined Adversary System”. “Preservation of Evidences” is just the product of such a thought. Under this structure, it is to pursuit the equity in substance, one shall not excising imbalanced power then the other party. Such a value creates huge difference between what the “Official Principle” emphasizes, i.e., the prosecutor has the “Objective duty” which imposes the prosecutor the position of a judicial officer instead of a party. The difference reflects the realization to the idea and the component of “Preservation of Evidences”. This article starts from the perspective of the equity of the parties principle, by instructing the concept of “Preservation of Evidences”, portrait the outline of it to assure the establishment of equal rights of both party within the structure of “Preservation of Evidences”. Follow up the introduction to the concept of “Preservation of Evidences”, this thesis further discuss the constitutional basis of this concept in chapter III, since its said that the criminal procedural law is the applicable Constitution, we have to retrace the constitutional basis while we excise the criminal procedural law for a legal rationale. The chapter IV deals with the issue with regard to the present provisions of “Preservation of Evidences”, our criminal legal system heritage most of all provisions from foreign legislation, and the memorandum of our legislation explicitly points out that the design of Taiwan criminal procedural concerning to the “Preservation of Evidences” learned from German, Japan and Taiwan civil procedural code, therefore, whenever we discuss about issues with regard to measures of securing evidences, we are supposed to be aware of the foreign legal structure as well. In the following paragraphs, this thesis would also analyze and review the present provisions with regard to “Preservation of Evidences”. Last but not the least, the chapter V concludes the thesis with all stated above, and provide certain suggestions.
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Chieh, Kai, and 謝凱傑. "Citizen Involvement in Taiwanese Criminal Procedure." Thesis, 2008. http://ndltd.ncl.edu.tw/handle/92848283609560083803.
Full textAbstract:
碩士國立成功大學
法律學研究所
96
Abstract The motivation for this article comes from the proposed modifications to our country’ legal system, particularly the attempt to introduce a pseudo jury system into the judicial decision making process. With this article, we will attempt to answer 3 major questions: 1. The concept of citizen participation in the judicial decision making process originates from abroad; what social and cultural factors lead to its creation? And what social goals are they trying to accomplish with such a system? 2. Can citizen participation in the judicial process work in Taiwan? What social, cultural, and judicial obstacles can we expect from the introduction of such a system? Can the existing Taiwanese legal structure support such a system? 3. What advantages and shortcomings can one reasonably expect from citizen participation in the judicial decision making process? In chapter 1, we shall review past documents and treatises written on the issue of citizen participation in the judicial process. We will analyze each author’s point of view, and discuss each article’s relative strengths and weaknesses. Through this process of critical analysis, we seek an in-depth understanding of the challenges and implications citizen participation in the judicial process will bring, and offer appropriate remedies and suggestions to the potential problems whenever possible. Chapter 2 shall discuss the origins and foundational beliefs that underlie citizen participation in judicial decision making. Citizen participation is more than just another form of dispensing justice; it is a political point of view – a fundamental belief that the power to punish should not be excusive to the judges, but should be reserved to the people. A survey of the judicial systems throughout human history; from ancient Roman times, to their modern variants in Britain, the United States and Germany, suggests that citizen participation is intrinsically linked with the struggle for individual human rights and democracy. The right of citizen participation is strongest when the country is democratic and weakest when the country is a totalitarian dictatorship. Citizenship participation appeals to the general public because it reflects the community’s standards, and protects the judicial system from abuses by corrupt judges. This explains why the system has received such widespread acceptance the world over, and why no government has been able to completely abolish citizen participation, no matter how hard they try. Chapter 3 shall explore the functional aspects of the jury system in use in other countries today. What social good was served by citizen participation in the judicial decision making process? Does the system actually result in a more fair and efficient judicial process? What functional problems can Taiwan expect to face in employing this new system? And what steps did other countries take to solve these problems? In addition, how has the jury system evolved over the years? Is it largely unchanged from ancient times, or has there been a fundamental change? If there are changes, are these changes procedural or substantive in nature? Other than ensuring a fair and impartial trial, what unforeseen political, judicial, and social consequences can we expect from citizen participation? Chapter 4 shall discuss the feasibility of introducing citizen participation into the Taiwanese judicial process. Before any changes can be made, we must first analyze and understand the existing judicial system. Proponents of the jury method argues that citizen participation will improve democratic self-rule, raise people’s faith in the justice system, and ensure that rulings are in compliance with prevailing social and community standards. But what is causing the needs for these improvements in the first place? Why are people losing faith in the existing justice system? Is citizen participation the only viable alternative, or can these goals be achieved through less drastic means? Will citizen participation do more harm than good, what social, cultural, political, and economic changes must we endure to make the system work in Taiwan? Will it result in even bigger problems for us in the future? In the final chapter, we shall analyze in detail the proposed citizen participation bill currently being debated in Taiwanese parliament. We shall begin with a constitutional analysis to make sure the proposed bill is in compliance with the Taiwanese Constitution. Then we perform a side-by-side analysis of the proposed bill with existing bills in the United States, Japan, and Germany, to determine if the bill is likely to work in Taiwan.
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Lin, Tzung Chih, and 林宗志. "The Research of Criminal Proceedings Procedure." Thesis, 2014. http://ndltd.ncl.edu.tw/handle/99048451814189656996.
Full textAbstract:
博士輔仁大學
法律學系
102
This dissertation examines the asset forfeiture systems and legal practices in Taiwan. By addressing the deficiency of the current statutes and the difficulties encountered in legal practices, this dissertation discusses the insufficiency of the mechanism of the preserve process regarding the proceeds of crime, the lack of protection of third party’s rights, and the vacuum of the non-conviction based forfeiture regime. Following the trend of international treaties, this dissertation outlines the spirit and the purpose of the confiscation and the preserve of the proceeds of crime through a comparative legal prospective. From the perspective of constitutional law, this dissertation further examines the procedural safeguards of substantive fundamental rights. Under the current structure of criminal procedure law, this dissertation proposes a new system regarding the preserve of the proceeds of crime and the protection mechanism of third party’s legitimate rights, and the adoption of the non-conviction based forfeiture system. In conclusion, this dissertation provides a legislative reform proposal in reply to the insufficiency of the current asset forfeiture system in Taiwan.
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Wang, Twan-Sen, and 汪團森. "Defendant''s rights in Criminal Procedure." Thesis, 1994. http://ndltd.ncl.edu.tw/handle/44434704464571091977.
Full textAbstract:
碩士國立臺灣大學
法律學研究所
82
Acording law-system of Europe that was after seventeen cent- ery,it used constitution to rule country system and human right . So, what human rights are very important. In 1791, American''''s constitution had been ruled to give defendant,Article 4 (The ri- ght of the people to be secure in their persons,houses, paper, and effects, against unreasonable searches and seizures,shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation and particularly describ -ing the place to be searched, and the persons or things to be seized.);Article 5(No person shall be held to answer for a capi- tal, or otherwise infamous crime, unless on a presentment or in- dictment of a Grand Jury,except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of war or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any Criminal Case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for pub- lic use, without just compensation.); Article 6 (In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial by an impartial jury of the State and district wherein the crime shall been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witness against him; to have compulsory process for obtain- ing Witnesses in his favor, and to have the assistance of coun- sel for his defence.),than after world war 2 the Germany and Japan had the same rules. But our country is lack of them. This paper commends and suggests by these rules, hopes to es- tablish this kind of rule or principle.
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Chun-Min, Chen, and 陳俊閔. "Entrapment Investigation in The Criminal Procedure." Thesis, 2002. http://ndltd.ncl.edu.tw/handle/9q4p83.
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