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Journal articles on the topic 'Judicical Instruction'

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Author: Grafiati

Published: 4 June 2021

Last updated: 15 February 2022

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1

Han, Yuhwa, Wu Ye Kang, and Kwangbai Park. "Pre-knowledge and Understanding of Judicial Instruction." Social Science Research Review 35, no. 1 (February 28, 2019): 73–95. http://dx.doi.org/10.18859/ssrr.2019.2.35.1.73.

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2

Ferbianto, Frans, and Umar Ma'ruf. "Juridical Review On The Instructions Of Governor Of Yogyakarta No. K/898/I/1975 On Uniformity Policy Of Land To The Granting Of A Non-Native Citizen." Jurnal Akta 5, no. 2 (May 16, 2018): 435. http://dx.doi.org/10.30659/akta.v5i2.3099.

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The purpose of this study was to: 1) To determine and analyze the implementation of The Instruction of DIY No. K/898/I/1975 which makes it difficult to obtain a non-native citizen property rights of land in Yogyakarta. 2) To determine and analyze the correlation instructions for DIY Regional Head No. K/898/I/1975 with other legal regulations. The data used in this study are primary data, secondary data and data that can support tertiary study, which was then analyzed by descriptive analytical method. Based on the results of data analysis concluded that: 1) The provision granting land rights to a citizen Non-Natives in the province based instructions for DIY Regional Head No. K/898/I/A/1975 are not allowed to own land both farm and nonagricultural land with soil status Rights Owned. If a citizen Non Natives acquire land with the right then obliged to waive that right and land rights apply to the Regional Head of DIY with a given the building right (HGB). 2) The provision granting land rights to a Non-Native citizen in the province based instructions for DIY Regional Head No. K/898/I/1975.Keywords: Judicial Review; Non-Native Citizen; Rights of Land

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3

Shaw, Jerry I., and Paul Skolnick. "EFFECTS OF PROHIBITIVE AND INFORMATIVE JUDICIAL INSTRUCTIONS ON JURY DECISIONMAKING." Social Behavior and Personality: an international journal 23, no. 4 (January 1, 1995): 319–25. http://dx.doi.org/10.2224/sbp.1995.23.4.319.

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A study was conducted to determine the extent to which jurors follow judicial instructions. Based upon Brehm's (1966) theory of psychological reactance, it was hypothesized that prohibitive judicial instructions will not be adhered to as well as similar instructions formulated in a more informative tone. The reactive effects of prohibitive instructions were predicted to be exaggerated when an irrelevant defendant characteristic such as race was an issue. Three hundred and sixteen mock jurors read one of four versions of a hypothetical criminal case varying the type of instructions (prohibitive or informative) and race of defendant (white or black) and rendered both individual judgments and jury verdicts on the case. Results confirmed that juries reacted against prohibitive instructions but more closely followed informative instructions. It was also found that individual jurors were harsher toward white than black defendants, however, group discussion effectively eliminated this reverse racism bias.

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4

Wetmore, Stacy A., Jeffrey S. Neuschatz, Melanie B. Fessinger, Brian H. Bornstein, and Jonathan M. Golding. "Do Judicial Instructions Aid in Distinguishing Between Reliable and Unreliable Jailhouse Informants?" Criminal Justice and Behavior 47, no. 5 (March 1, 2020): 582–600. http://dx.doi.org/10.1177/0093854820908628.

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Jailhouse informants are a leading cause of wrongful convictions. In an attempt to preempt such miscarriages of justice, several states (e.g., Connecticut and California) have mandated that judicial instructions be provided to act as a safeguard against false testimony. This study evaluated the effectiveness of these instructions in helping jurors distinguish between reliable and unreliable jailhouse informants. Participants read a trial transcript that varied instructions (Standard, Connecticut, Enhanced) and informant reliability (reliable, unreliable). The results indicated that the instructions had no effect on verdict decisions. Even though verdicts did not vary, participants rated the unreliable informant as less trustworthy, honest, and interested in justice than the reliable informant. This is consistent with previous findings that indicate that participants are aware of the legal prescriptions given in the instructions, but they do not implement them in making decisions. Therefore, instructions may be an insufficient safeguard.

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5

Ros Córcoles, Julián. "The Roles of Judicial Vicar and Instructor in Marriage Nullity Processes after motu proprio Mitis Iudex." Ius Canonicum 56, no. 111 (May 31, 2016): 87–103. http://dx.doi.org/10.15581/016.111.87-103.

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6

Gauthreaux, Vania M. "Relating Pretrial Publicity, Judicial Instruction, and Thought Suppression With Guilt Ratings." Psi Chi Journal of Psychological Research 5, no. 1 (2000): 21–28. http://dx.doi.org/10.24839/1089-4136.jn5.1.21.

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7

Morier, Dean, Eugene Borgida, and Roger C. Park. "Improving Juror Comprehension of Judicial Instructions on the Entrapment Defense1." Journal of Applied Social Psychology 26, no. 20 (October 1996): 1838–66. http://dx.doi.org/10.1111/j.1559-1816.1996.tb00102.x.

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8

Allison, Meredith, and C. A. Elizabeth Brimacombe. "Alibi Believability: The Effect of Prior Convictions and Judicial Instructions." Journal of Applied Social Psychology 40, no. 5 (May 2010): 1054–84. http://dx.doi.org/10.1111/j.1559-1816.2010.00610.x.

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9

Schmidt, Georg. "Die richterliche Unabhängigkeit – Eine Bestandsaufnahme." Die Verwaltung 51, no. 2 (April 1, 2018): 227–63. http://dx.doi.org/10.3790/verw.51.2.227.

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Summary Regarding recent developments in Europe, the constitutional basis and scope of judicial independence is a salient question of the architecture of the judicial power in Germany, too. This article argues that judicial independence is not a personal privilege of judges but a functional requirement, which enables the judicial branch to exert its powers effectively. The analysis illustrates how judicial independence is protected as well substantively as procedurally under German legislation, which fills out the constitutional guarantee of the independence of the judges. Albeit a judge is under no obligation to follow instructions of a superior officer with regard to his or her legal findings, there are legitimate instruments of the court administration outside the centre of adjudication to secure good behaviour of the judges in office.

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10

Esnard, C., R. Dumas, and S. Bordel. "Effects of the “intimate conviction” instruction on the processing of judicial information." European Review of Applied Psychology 63, no. 2 (March 2013): 121–28. http://dx.doi.org/10.1016/j.erap.2012.12.002.

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11

Bisariyadi, Bisariyadi. "Atypical Rulings of the Indonesian Constitutional Court." Hasanuddin Law Review 1, no. 2 (August 30, 2016): 225. http://dx.doi.org/10.20956/halrev.v1i2.306.

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In deciding judicial review cases, the Court may issue rulings that is not in accordance to what is stipulated in the Constitutional Court Law (Law Number 8 Year 2011). Atypical rulings means that the court may reconstruct a provision, delay the legislation/rulings enactment or give instruction to lawmakers. In addition, the court also introduce the “conditionally (un)constitutional” concept. This essay attempts to identify and classify these atypical rulings, including conditionally (un) constitutional rulings, by examined the constitutional court judicial review rulings from 2003 to 2015. This study will provide a ground work for advance research on typical rulings by the Indonesian constitutional court.

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12

Bisariyadi, Bisariyadi. "Atypical Rulings of the Indonesian Constitutional Court." Hasanuddin Law Review 1, no. 2 (August 30, 2016): 225. http://dx.doi.org/10.20956/halrev.v1n2.306.

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In deciding judicial review cases, the Court may issue rulings that is not in accordance to what is stipulated in the Constitutional Court Law (Law Number 8 Year 2011). Atypical rulings means that the court may reconstruct a provision, delay the legislation/rulings enactment or give instruction to lawmakers. In addition, the court also introduce the “conditionally (un)constitutional” concept. This essay attempts to identify and classify these atypical rulings, including conditionally (un) constitutional rulings, by examined the constitutional court judicial review rulings from 2003 to 2015. This study will provide a ground work for advance research on typical rulings by the Indonesian constitutional court.

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13

Elek, Jennifer K., Lezlee J. Ware, and Jennifer J. Ratcliff. "Knowing when the camera lies: Judicial instructions mitigate the camera perspective bias." Legal and Criminological Psychology 17, no. 1 (January 13, 2011): 123–35. http://dx.doi.org/10.1111/j.2044-8333.2010.02000.x.

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14

Jones, Angela M., Amanda N. Bergold, and Steven Penrod. "Improving juror sensitivity to specific eyewitness factors: judicial instructions fail the test." Psychiatry, Psychology and Law 27, no. 3 (February 13, 2020): 366–85. http://dx.doi.org/10.1080/13218719.2020.1719379.

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15

Wangsa, Gemaya, Anak Agung Sagung Laksmi Dewi, and I. Wayan Arthanaya. "Kedudukan Alat Bukti Website dalam Penanganan Tindak Pidana Terorisme (Studi Putusan Nomor 140/PID.SUS/2018/PN.JKT.SEL)." Jurnal Konstruksi Hukum 1, no. 1 (August 27, 2020): 130–34. http://dx.doi.org/10.22225/jkh.1.1.2145.130-134.

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The development of information technology and correspondence resulted in a shift in the format of print media to digital media, so that this growth was followed by the continuation of the development of a new criminal class that rode digital media in criminal acts of terrorism. This study aims to determine the regulations for the use of website evidence and the position of using website evidence in handling terrorism crimes in case number 140 / Pid.Sus / 2018 / PN.Jkt.Sel. This research uses a normative legal exploration method whose data comes from the determination related to the use of website evidence in Article 184 of the Criminal Code. The results of the research show that the determination of the exploitation of website evidence, which when based on Article 184 of the Criminal Procedure Code, means that electronic material is not classified as an abash instructional device classification, but if it is based on statutory regulations in a special crime, the electronic evidence media has resistance as a valid evidence, this can be seen in the provisions of Article 5 paragraph (1) of the ITE Law which are reaffirmed in the provisions of Article 44 of the ITE Law. Utilization of electronic evidence in the process of evidence in court is sourced from website evidence in law enforcement for criminal acts of terrorism in the Case Number 140 / Pid.Sus / 2018 / PN.Jkt.Sel scandal. Criminal Procedure, especially Article 184 of the Criminal Procedure Code, but has a judicial guideline that the judge cannot refuse to explore and decide the matters brought against him, provided that the law is unclear or non-existent, then the judges' rules should expose the meaning of continued and continuous law in the consortium, up to the provisions as contained in the ITE Law which regulates electronic instruction instruments as valid instruction devices.

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16

Mariniello, Triestino. "Judicial Control over Prosecutorial Discretion at the International Criminal Court." International Criminal Law Review 19, no. 6 (November 28, 2019): 979–1013. http://dx.doi.org/10.1163/15718123-02001004.

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This article places into question the scope of judicial control over the Prosecutor’s decision whether or not to investigate a situation. It addresses the on-going tensions between the Pre-Trial Chambers and the Prosecutor for the control of the procedure which will determine the stage of the initiation of an investigation. It commences with an examination of the Chambers’ approach to the authorisation of the Prosecutor’s request to commence a proprio motu investigation. Then, it critically analyses the lack of judicial mechanisms of control over the Prosecutor’s decision not to commence an investigation under Article 15. The second part investigates the judicial oversight of the Prosecutor’s decision not investigate referred situation. It analyses whether the Pre-Trial Chamber may reassess the factual allegations used by the Prosecutor not to start the investigation, and whether the Prosecutor has to comply with (strict) instructions provided by the judicial review.

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17

Gur, Noam. "Ronald Dworkin and the Curious Case of the Floodgates Argument." Canadian Journal of Law & Jurisprudence 31, no. 2 (August 2018): 323–45. http://dx.doi.org/10.1017/cjlj.2018.15.

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This article juxtaposes a jurisprudential thesis and a practical problem in an attempt to gain critical insight into both. The jurisprudential thesis is Dworkin’s rights thesis. The practical problem revolves around judicial resort to the floodgates argument in civil adjudication (or, more specifically, a version of this argument focused on adjudicative resources, which is dubbed here the FA). The analysis yields three principal observations: (1) Judicial resort to the FA is discordant with the rights thesis. (2) The rights thesis is instructive in one way but mistaken in another. While Dworkin has highlighted some valid and sound reasons against judicial policymaking, his conclusive exclusion of judicial policymaking from civil law adjudication is erroneous. Civil law adjudication, it is argued, is an arena of ineliminable tension between principle and policy. (3) The FA is a type of policy argument particularly vulnerable to objections against judicial policymaking. There should, therefore, be a (rebuttable) presumption against judicial resort to it.

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18

Ferro, Gustavo, Carlos A. Romero, and Exequiel Romero-Gómez. "Efficient courts? A frontier performance assessment." Benchmarking: An International Journal 25, no. 9 (November 29, 2018): 3443–58. http://dx.doi.org/10.1108/bij-09-2017-0244.

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Purpose The purpose of this paper is to build performance indicators to assess efficiency for First Instance Federal Courts in Argentina and study the determinants of efficiency in Criminal Instruction Courts. Design/methodology/approach The efficiency scores were determined using data envelopment analysis with a database for the period 2006–2010. Then, a search of the efficiency determinants in the Criminal Instruction Courts was performed. Four output-oriented models were developed based on various explanatory and environmental variables. Findings Workload is an environmental variable that significantly increased the average levels of efficiency. When analyzing explanatory factors of the efficiency levels of the Criminal Instruction Courts, surrogate judges and temporary staff are more efficient on average than tenured judges and staff. Research limitations/implications The method chosen permits flexibility in the analysis. Future research would be interesting to develop the underlying economic model using econometric methods. Practical implications This paper’s contribution is twofold: first, to estimate the relative efficiency for all First Instance Federal Courts in every jurisdiction; and second, to explain the differences in efficiency in the Criminal Instruction Courts. Social implications This study has the potential to greatly impact the discussion of how to structure judicial procedures (from the benchmarking between different branches of Federal justice) and in the design of incentives in a judicial career (e.g. tenured vs temporary judges and clerical employees, the role of seniority of judges and clerical employees and the impact of gender in performance). Originality/value To the authors’ knowledge, this paper is the first scholarly article to measure efficiency in Argentine justice system using mathematical programming and econometric methods. It has academic interest since it advances on the comprehension of the underlying production function of justice service provision. The paper also has social and practical implications since it permits contributing to the institutional design and opens the discussion for further sequels with other methods and complementary purposes.

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19

Baar, Carl. "Using Process Theory to Explain Judicial Decision Making." Canadian journal of law and society 1 (1986): 57–79. http://dx.doi.org/10.1017/s0829320100001009.

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This article is part of an effort to place current research on the Canadian judicial process into a broader theoretical context. This effort developed first from a sense that the legal and behavioural frameworks that have dominated the explanation of judicial decision making in the United States Supreme Court obscure more than they illuminate about judicial decision making in Canada; and second from the realization that the most illuminating American studies — those that trace the process by which major cases are brought before the courts and decided — are seen as interesting but atheoretical, as journalism not science. Perhaps our theory is out of joint. And perhaps an effort to understand how American theories and research on judicial decision making can inform Canadian research may be instructive both to American judicial studies and to the work of those outside the United States who are continually tugged toward American approaches that promise liberation from traditional legal analysis.

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20

Shaffer, David R., and Shannon R. Wheatman. "Does personality influence reactions to judicial instructions? Some preliminary findings and possible implications." Psychology, Public Policy, and Law 6, no. 3 (2000): 655–76. http://dx.doi.org/10.1037/1076-8971.6.3.655.

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21

Mueller-Johnson, Katrin, Mandeep K. Dhami, and Samantha Lundrigan. "Effects of judicial instructions and juror characteristics on interpretations of beyond reasonable doubt." Psychology, Crime & Law 24, no. 2 (November 6, 2017): 117–33. http://dx.doi.org/10.1080/1068316x.2017.1394461.

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22

Gomes, Dayna M., Douglas M. Stenstrom, and Dustin P. Calvillo. "Examining the judicial decision to substitute credibility instructions for expert testimony on confessions." Legal and Criminological Psychology 21, no. 2 (September 13, 2014): 319–31. http://dx.doi.org/10.1111/lcrp.12068.

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23

Eaton, Tania E., Peter J. Ball, and M. Gemma O'Callaghan. "Child-Witness and Defendant Credibility: Child Evidence Presentation Mode and Judicial Instructions1." Journal of Applied Social Psychology 31, no. 9 (September 2001): 1845–58. http://dx.doi.org/10.1111/j.1559-1816.2001.tb00207.x.

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24

Steblay, Nancy, Harmon M. Hosch, Scott E. Culhane, and Adam McWethy. "The Impact on Juror Verdicts of Judicial Instruction to Disregard Inadmissible Evidence: A Meta-Analysis." Law and Human Behavior 30, no. 4 (2006): 469–92. http://dx.doi.org/10.1007/s10979-006-9039-7.

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25

Gray, Christine. "The 2014 Judicial Activity of the International Court of Justice." American Journal of International Law 109, no. 3 (July 2015): 583–609. http://dx.doi.org/10.5305/amerjintelaw.109.3.0583.

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The three disparate cases decided by the International Court of Justice (Court or ICJ) in 2014 may not contribute much to the development of substantive international law, but they are instructive about the operations of the Court. Perhaps the Court was not at its finest in terms of coherent legal reasoning in these three cases; it certainly avoided difficult questions in all of them. Yet each of the three cases had significant numbers of separate and dissenting opinions, which sometimes reveal more about the Court’s reasoning than is apparent from the judgment or order itself.

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26

PĂTRĂUŞ, MIHAELA. "BRIEF COMMENTS ON THE CONCEPT OF JUDICIAL AUTHORITY JURISDICTION UNDER ARTICLE 6 OF COUNCIL FRAMEWORK DECISION NO. 2002/584/JHA REGARDING THE EUROPEAN ARREST WARRANT." Agora International Journal of Juridical Sciences 13, no. 1 (October 29, 2019): 1–8. http://dx.doi.org/10.15837/aijjs.v13i1.3725.

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Article 6, paragraph 1 of Framework Decision 2002/584/JHA provides that the issuing judicial authority is the judicial authority of the Member State competent to issue a judicial decision in accordance with the law of that State for the purpose of surrender on the basis of the European arrest warrant to another EU Member State.The Court of Justice in Luxembourg, by its recent case-law, held that the notion of issuing judicial authority does not concern the prosecutor's offices in a Member State which are at risk of being subjected, directly or indirectly, to individual orders or instructions by the executive power in the context of adopting a decision on the issuing of the European arrest warrant. The effects of this judgment are mandatory for all Member States and require clarification from the Member States affected by the ECJ ruling regarding the nature of the European arrest warrant authority, even a possible intervention by the legislature in these EU Member States, to facilitate the settlement of cases of arrest in full agreement with the principles of mutual recognition and mutual trust of judgments in the European area.

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27

Horowitz, Irwin A. "Jury nullification: The impact of judicial instructions, arguments, and challenges on jury decision making." Law and Human Behavior 12, no. 4 (1988): 439–53. http://dx.doi.org/10.1007/bf01044627.

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28

Fijalkowski, Agata. "Politics, Law, and Justice in People's Poland: the Fieldorf File." Slavic Review 73, no. 01 (2014): 85–107. http://dx.doi.org/10.5612/slavicreview.73.1.0085.

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This article examines the case against the Polish resistance fighter August Emil Fieldorf and his subsequent trial. Judicial officials within, or working intimately with, the Soviet secret police made decisions affecting many lives in Poland in 1944-1956. A consideration of the trial proceedings and the backgrounds of selected judicial officials provide a better understanding of the nature of Stalinist justice. Key issues underpinning the trial, related to political contexts, legal maneuverings, and broader considerations surrounding the defendant through the eyes of his persecutors, shed light on the hidden mechanism of Stalinist justice in operation and what constitutes a judicial crime. While its focus is Fieldorf, this article argues that the Polish case study can be instructive in analyzing the ways in which the law was used as a political weapon in other states and regions with similar experiences of totalitarian rule.

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29

Sirojiddinova, Shahribonu, and Ganisher Rahimov. "Improvement classification of law terms through content-based learning." Общество и инновации 2, no. 4/S (May 20, 2021): 57–62. http://dx.doi.org/10.47689/2181-1415-vol2-iss4/s-pp57-62.

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This research work is devoted to the features of the classification of legal terminology through content based learning. Including these legal services are necessary in professional activities. A high-quality written classifying terms through content based will be useful, for example, both for the owner of a judicial organizations who has concluded a lucrative contract abroad and for an ordinary foreman who wants to read a competent classification of instructions for legal documents.

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30

Meissner, Christian A., John C. Brigham, and Jeffrey E. Pfeifer. "Jury Nullification: The Influence of Judicial Instruction on the Relationship Between Attitudes and Juridic Decision-Making." Basic and Applied Social Psychology 25, no. 3 (September 2003): 243–54. http://dx.doi.org/10.1207/s15324834basp2503_07.

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31

Martire, Kristy A., and Richard I. Kemp. "The impact of eyewitness expert evidence and judicial instruction on juror ability to evaluate eyewitness testimony." Law and Human Behavior 33, no. 3 (2009): 225–36. http://dx.doi.org/10.1007/s10979-008-9134-z.

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32

Khrystov, Oleksandr, and Vladyslav Lipynskyi. "COMPARATIVE ANALYSIS OF FORENSIC EXPERT ACTIVITY: AN ADMINISTRATIVE, CRIMINAL, CRIMINALISTIC, ECONOMIC APPROACH." Baltic Journal of Economic Studies 5, no. 2 (May 13, 2019): 242. http://dx.doi.org/10.30525/2256-0742/2019-5-2-242-248.

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The article is devoted to the economic and legal comparative analysis of judicial expert activities. The issues concerning the problems of quality assurance of the expert activities, harmonization and convergence of the understanding of the possibilities of judicial economic expertise in solving problems of justice, taking into account economic conditions. As a first step to creating a general theoretical development for judicial economic expertise could be the creation of a list of vocabulary of basic terms of forensic economic expertise. The legislation of Ukraine, which regulates activities of forensic experts, is as follows: the Law of Ukraine “On Forensic Examination”, “Instruction on Conducting Forensic Examination”, “Procedure for Certification and Official Registration of Forensic Examinations Procedure”, “Some Issues of Provision of Paid Services by Research Institutions on Forensic Examination of the Ministry of Justice”, “On Approval of the Instructions on Procedure and Amount of Reimbursement and Compensation to Individuals Invited by Inquiry Agencies, Pretrial Investigation Agencies, Procuracy, Courts or Authorities that Oversee Cases of Administrative Violations, and Payments to Governmental Research Institutions on Forensic Examination for Expert and Specialized Services Provided by their Employees” approved by the Cabinet of Ministers of Ukraine, and a set of multi-agency orders. The common features include the existence of department specialized forensic expert institutions, which are entrusted to conduct an examination as follows: specialized research institutes of the Ministry of Justice of Ukraine and the Ministry of Healthcare, expert services of the Ministry of Internal Affairs, Security Service of Ukraine, etc. Moreover, forensic examinations, which are often arranged in criminal proceedings and sometimes in administrative proceedings, can be carried out exclusively by forensic experts who are employees of such institutions. At the same time, the law provides for the possibility of carrying out forensic expert activity on a business basis, on the ground of special authorization, as well as onetime agreements, by citizens who have the qualification of a forensic expert, which is often used in administrative proceedings. Neither a judge nor any other persons, who are involved in administrative or criminal procedures, have this kind of expert knowledge. By virtue of the knowledge that is converted by forensic experts in the source of evidence, important issues of a case are resolved that would be impossible without forensic expertise. In legal science, there is an idea that expert activity, due to its specificity, is much wider than expert procedure regardless of the fact whether it is carried out in administrative or criminal procedures.

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33

Kaneko, Hiroshi. "Axiology of Administrative Discretion (gyōsei sairyō) as Well as Administrative Guidance (gyōsei shidō) in Japan from the Perspective of Judicial Control." Studia Iuridica Lublinensia 29, no. 3 (June 30, 2020): 135. http://dx.doi.org/10.17951/sil.2020.29.3.135-148.

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<p>In Japan, the Court often examines the technical aspects of administrative discretion if there was a proper decision-making process. Such control could rely too much upon each judges’ viewpoint, which elements in the whole process of administrative discretion have critical gravity to evaluate (<em>kōryo kachi</em>). The pre-war legal scholars suggested the best way to increase judicial protection on the citizens’ rights endangered by administrative discretion. The need to establish robust legal theory based on it the Court guarantees the balance between smooth enactment of administrative measures and maintenance of social justice is still enormous. Administrative guidance was, for a long time, out of the scope of judicial control. This institution is Japan’s original so that its implication well exceeds the standard understanding of mere instruction in other legal cultures. The Japanese Court acknowledges the existence of “forced consent” behind it more frequently in recent years.</p>

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34

Fernández Riveira, Rosa María. "Nuevos enfoques de la independencia judicial. Dos puntas de iceberg en la reforma de la Ley Orgánica del Poder Judicial: la comisión permanente del CGPJ y el gabinete técnico del Tribunal Supremo." Teoría y Realidad Constitucional, no. 38 (July 1, 2016): 375. http://dx.doi.org/10.5944/trc.38.2016.18598.

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Este trabajo estudia dos reformas concretas de la Ley orgánica del Poder Judicial que se producen en octubre de 2015: la Comisión Permanente, como órgano del Consejo que ve incrementado su número de vocales, sus competencias y que situado bajo la dirección del Presidente del Consejo ha ido creciendo en relevancia; y el Gabinete Técnico del Tribunal Supremo, que se regula también como órgano al servicio del Tribunal pero bajo la obediencia y dirección del Presidente. Un órgano que asume unas competencias muy importantes en un momento en el que se reforma la vieja casación pasando a ser un recurso determinado por el «interés casacional objetivo». Estos dos cambios, como puntas de iceberg, son el aviso de nuevos enfoques sobre planteamientos clásicos acerca de la independencia judicial tales como: las relaciones existentes entre el Consejo General del Poder judicial y el Tribunal Supremo, la presencia del elemento político en el corazón de la independencia judicial, la enorme relevancia de un proceso de selección de nuestros jueces justo, plural y confiable y la necesidad de articular mecanismos de responsabilidad judicial institucional e individual.This paper analyses two reforms about Organic Law of Judiciary which have been made in October 2015: the Permanent Commission as part of Council body that it has seen increasing its competences and it works under careful supervision of the President of the General Council of the Judiciary. It has suffered an augmentation of members on its composition and it has got more relevance as important voice in the General Council and, on the other hand, the Technical office of the Supreme Court, which has been redesigned with new competences working under Instructions of President. And all these changes are been implemented at the same time that it has been adopted the new cassation appeal. Both reforms as iceberg’s tips are performing important reflections about classical principles for example: different manners to understand the judicial independence, the political element within judicial independence, the relevance of appointment judicial processes and of course the accountability discourse as essential part within the judicial independence.

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35

O Mbori, Harrison. "Discreet Discretion and Moderate Moderation in Judicial Sentencing: A commentary on Kenya’s Sentencing Policy Guidelines, 2016." Strathmore Law Journal 3, no. 1 (August 1, 2017): 89–112. http://dx.doi.org/10.52907/slj.v3i1.33.

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Criminal sentencing is an integral part in any judicial system for the fair administration of justice. The process of sentencing and the standards applied by judicial officers has, however, been a notoriously difficult component in many criminal law systems. In Kenya, sentencing has been blamed as one of the sources of ‘popular dissatisfaction with the administration of justice’ to borrow from Roscoe Pound. This was the impetus for the Kenyan Judiciary to introduce the Sentencing Policy Guidelines, 2016 (SPGs). This paper is a general commentary, critique, and analysis of the SPGs. The author argues that SPGs come at an instructive epoch in Kenya’s economic, socio-political, and cultural development. This contribution is not a polemic on the Kenyan SPGs. The commentary makes sideglances to various jurisdictions that have had a longer experience with sentencing guidelines. The article forecasts that Kenyan SPGs will, despite its few shortcomings, nevertheless, prove to be important for all judicial officers involved in Kenya’s criminal justice system.

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Vovkivskaya, L. V., and E. V. Savostina. "Analytical review of judicial cases considered with the participation of an antimonopoly body." Russian competition law and economy, no. 1 (March 30, 2020): 92–95. http://dx.doi.org/10.32686/2542-0259-2020-1-92-95.

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The review contains an analysis of the legal positions of the arbitration courts in cases of violation of the antimonopoly legislation regarding the consideration of the following issues: an order of the antimonopoly body on transferring to the budget the income received as a result of violation of the antimonopoly law; non-payment of services received under the contract as an abuse of a dominant position; trust agreement as a condition for the admissibility of an anti-competitive agreement; claims of the antimonopoly body on forcing an economic entity to comply with the instructions of this body.Purpose: the formation of uniform approaches in law enforcement practice in cases of violation of antitrust laws.

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Patterson, Annabel. "The Egalitarian Giant: Representations of Justice in History/Literature." Journal of British Studies 31, no. 2 (April 1992): 97–132. http://dx.doi.org/10.1086/386000.

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In Franz Kafka's The Trial, a horrifying fable of human alienation from human institutions, there is a central encounter between Kafka's persona K. and the painter Titorelli, whose task is to reproduce endlessly the icons of the judicial system—arbitrary, logically absurd, yet cruel and inescapable—of which K. has become the latest victim. Approaching a painting in progress, K. recognized its subject as a judge, but could not identify a large figure rising in the middle of the picture from the high back of the judicial seat:“It is Justice,” said the painter at last. “Now I can recognize it,” said K. “There's the bandage over the eyes, and here are the scales. But aren't there wings on the figure's heels, and isn't it flying?” “Yes,” said the painter, “my instructions were to paint it like that; actually it is Justice and the goddess of Victory in one.” “Not a very good combination, surely,” said K., smiling. “Justice must stand quite still, or else the scales will waver and a just verdict will become impossible.” “I had to follow my client's instructions,” said the painter. “Of course,” said K., who had not wished to give any offense by his remark. “You have painted the figure as it actually stands above the high seat.” “No,” said the painter, “I have neither seen the figure nor the high seat, that is all invention, but I am told what to paint and I paint it.”

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Schuller, Regina A., and Patricia A. Hastings. "Complainant Sexual History Evidence: Its Impact on Mock Jurors' Decisions." Psychology of Women Quarterly 26, no. 3 (September 2002): 252–61. http://dx.doi.org/10.1111/1471-6402.00064.

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The current study examined the impact of complainant sexual history evidence on mock jurors' judgements in a sexual assault trial. One hundred and sixty-nine undergraduates listened to an audiotape of a sexual assault trial in which the sexual history between the complainant and defendant was systematically varied to include either sexual intercourse, kissing and petting, or no history information. The effectiveness of judicial limiting instructions that accompany the introduction of sexual history evidence at trial was also examined. Compared to the control condition, those who heard evidence involving prior sexual intercourse between the complainant and defendant were less likely to find the complainant credible, more likely to find her blameworthy, and more likely to believe she consented. The information failed, however, to influence participants' judgements about the defendant's belief in consent. As well, the presence of limiting instructions did little to curb the prejudicial influence of this information.

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Median Jamal Al Mahasneh and Mohamad Baraa Basel Abuanzeh. "Judicial oversight and the impact of laws to prevent liability." Technium Social Sciences Journal 9 (June 26, 2020): 259–70. http://dx.doi.org/10.47577/tssj.v9i1.1079.

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The authority based on martial law or the state of emergency is accustomed to issuing legislation that works to prevent the judiciary from considering its actions that are in implementation of the customary law, and that is either during the establishment of exceptional circumstances or after its expiry meaning that it prevents individuals from resorting to the judiciary to challenge their exceptional authority Authorized to it according to the texts governing the exceptional circumstances (). The most dangerous thing that the legislative or executive authority usually does regarding a state of emergency is what it issues from laws or instructions called the laws of inclusive (laws of lifting responsibility) even though the correctness of its name in estimating some of them should be the laws of exemptions from implications (). This is because this immunization according to these laws will inevitably lead to the inability of any victim to resort to the judiciary, in the event that those who implement martial law or the state of emergency exceed their competences entrusted to them under exceptional circumstances. The Raising the Liability Law or the Implications Law is defined as legislation whose purpose is to legitimize actions that were at the time of their unlawful act, and to exempt the persons who are subject to them from the responsibility of assaulting the law, and this is what Jordan and other countries followed like France and Egypt, and that was in times of declaring martial law and a state Emergency. The methods of immunization vary and its extent varies, it may be partially preventing the appeal of cancellation or requesting the suspension of the implementation of the administrative decision only, so individuals are permitted to even seek compensation for the damage caused by the immune decision, and it may be totally, thus giving the administrative decision total immunity, whether in terms of cancellation or suspension of execution or Compensation, and it may be an absolute immunization, as it stipulates that the decision may not be appealed in any way of appeal before any judicial or administrative authority, and the immunization may be proportional, that is, with regard to preventing the appeal of the decision before the judiciary with the assignment of jurisdiction in relation to it to an administrative authority or committee, In terms of the immunization tool, it may be either by a law issued by the legislative authority, and this is the overwhelming majority, and it may be inferior to the law, such as regular systems such as customary management instructions in Jordan . In this paper, I will discuss the position of the judiciary in Jordan and the comparative judiciary regarding these legislations. To determine the impact of these laws on the right of individuals to seek legal redress when they are harmed through two topics:

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Townshend-Smith, Richard. "Justifying Indirect Discrimination in English and American Law: How Stringent Should the Test Be?" International Journal of Discrimination and the Law 1, no. 2 (September 1995): 103–29. http://dx.doi.org/10.1177/135822919500100202.

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Because British anti-discrimination legislation is significantly based on the American precedent contained in Title VII of the Civil Rights Act 1964, it is instructive to compare judicial developments in the two countries. This article argues, first, that the standard of justification imposed in America in indirect discrimination cases is less strict than has often been asserted; and, secondly, that there are sound legal and policy reasons why a standard less than literal necessity is appropriate.

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Serdiuk, Valentyn, Ruslan Skrynkovskyy, Anastasiia Babii, and Mariana Khmyz. "Reducing the Amount of Maintenance: Problematic Issues Related to Minor Lawsuits (Judicial Practice in Ukraine)." Path of Science 7, no. 5 (May 31, 2021): 4021–26. http://dx.doi.org/10.22178/pos.70-7.

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The article is devoted to problematic issues of judicial practice in Ukraine, related to the consideration of civil cases on reducing the amount of maintenance in the context of defining this category of cases as minor. Attention is drawn to the fact that according to the current Civil Procedure Code of Ukraine, the cases of recovery of maintenance, increasing its amount, payment of additional costs for the child, collection of penalties for late payment, indexation of maintenance, changing the method of collecting the maintenance payments are considered minor unless they are related to establishment or contestation of paternity (maternity) (paragraph 3 of Part 6 of Article 19 of the Civil Procedure Code of Ukraine). However, in this norm, there is no legislative instruction to refer reduction of maintenance to the category of minor lawsuits, which, taking into account the number of such cases that can be reviewed in cassation, is viewed as a legislator’s fault.

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Rouhi, Ebad, Leila Raisi Dezaki, and Mahmoud Jalali Karveh. "Rule of Law and Its Guidelines and Indicators for Judiciary in Human Rights Issues." Journal of Politics and Law 10, no. 1 (December 29, 2016): 98. http://dx.doi.org/10.5539/jpl.v10n1p98.

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The rule of law is one of the very polemical and controversial concepts in the field of public law and political thoughts. This concept has been acclaimed in both international and domestic level and can be observed in the practice of the United Nations and many of states practically. In the light of the principle of the rule of law at the meantime ruling by law can be strengthened and also security and peace, development, democracy and human rights can be protected and promoted. The rule of law and human rights as two concepts with mutually interacting to each other has noteworthy great importance. An independent and impartial judiciary such as linkage has an important role in strengthening both of them.Human rights, separation of powers and judicial independence are regarded as some basis of the rule of law and as well as its consequence. Thus, in this regard rule of law has p very guidelines and indicators which some of them related to the judicial systems of states. In the light of exercise of these guidelines human rights are better protected and promoted.These instructions and guidelines generally are provided in international and regional human rights instruments to enforce in every sector of the state and especially for judges and judicial power to protection and promotion of human rights. This article investigates the relationship between rule of law and judicial system to introduce some measures and indicators of the rule of law to enforce them in the judiciary for better protection and promotion of human rights.

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Kryzhan, Anna V. "The Challenges of Organizing the People’s Court as a Part of the Soviet Judicial System." Vestnik of Northern (Arctic) Federal University. Series Humanitarian and Social Sciences, no. 5 (October 10, 2020): 5–15. http://dx.doi.org/10.37482/2227-6564-v044.

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This article dwells on improving the efficiency of people’s courts, which were a fundamental element of the Soviet judicial system, and on establishing control over their activities. The chronological framework of the paper covers the mid-1920s, when the results of the 1922 judicial reform had been put in practice and the key problems of the people’s courts became apparent. The article analyses the notion of the people’s court, which, on the one hand, reflects the essence of the judicial body making excessive use of the institution of elected people’s assessors in its work, and, on the other hand, levels the class essence of the Soviet court. Turning to documentary sources and archival materials, the author dwells on the main tasks of the new state power in organizing the activity of the people’s courts. It is emphasized that these courts were subject to scrutiny by the People’s Commissariat for Justice not just due to the objective need to establish their normal work, but also as a result of the increased confrontation between the Commissariat and the Supreme Court of the Soviet Union, especially over the supervision of the judicial work of provincial courts and people’s courts. Having analysed the Instruction on the Audit Procedure of People’s Courts by Provincial Courts issued in 1924, the author points out that the Commissariat aimed not only to administer the work of the people’s courts, but also to assist them in improving their activities and solving problems. The author concludes that, in addition to formal reasons due to the limited number of judicial institutions, incompetent personnel and inadequate funding, the normalization of the work of the people’s courts was also hindered by a conceptual contradiction. On the one hand, the authorities aimed to create a civilized law that would demonstrate to the whole world the advantages of the Soviet system, and, on the other, to establish the class principle in the work of people’s courts.

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Terrance, Cheryl A., Kimberly Matheson, and Nicholas P. Spanos. "Effects of judicial instructions and case characteristics in a mock jury trial of battered women who kill." Law and Human Behavior 24, no. 2 (2000): 207–29. http://dx.doi.org/10.1023/a:1005411003414.

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Finley, Claudette, and Marc S. Goldstein. "Curriculum Survey: Ethical and Legal Instruction—A Report from the APTA Department of Education and the APTA Judicial Committee." Journal of Physical Therapy Education 5, no. 2 (July 1991): 60–64. http://dx.doi.org/10.1097/00001416-199107000-00004.

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Poole, Robert. "A corpus-aided study of stance adverbs in judicial opinions and the implications for English for Legal Purposes instruction." English for Specific Purposes 62 (April 2021): 117–27. http://dx.doi.org/10.1016/j.esp.2021.01.002.

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47

Petrany, Catherine. "Fathers, Mothers, Sons, and Silence: Rhetorical Reconfiguration in Proverbs." Biblical Theology Bulletin: Journal of Bible and Culture 50, no. 3 (July 31, 2020): 154–60. http://dx.doi.org/10.1177/0146107920934700.

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In the royal instruction of Proverbs 31:1–9, a Queen Mother exhorts her royal son Lemuel to “open your mouth” on behalf of another, namely those who cannot themselves speak, the mute, the poor, and the needy. While the didactic relationship between mother and son in this passage in part mirrors the relationship between the proverbial father and son in chapters 1–9, the maternal demand for her son to speak on behalf of some silent other distinguishes her teaching. Here, the listening son’s entrance into words, into the art of becoming a verbal advocate in the judicial sphere, points beyond the rhetorical environment offered by the father, who envisions his son as a speaker only insofar as he might repeat the didactic words of the father’s own wisdom discourse.

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Skalon, Alena, and Jennifer L. Beaudry. "The effectiveness of judicial instructions on eyewitness evidence in sensitizing jurors to suggestive identification procedures captured on video." Journal of Experimental Criminology 16, no. 4 (September 3, 2019): 565–94. http://dx.doi.org/10.1007/s11292-019-09381-2.

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Dauchy, Serge. "Practyk judicieel, ofte instructie op de forme van procederen voor Hoven ende Rechtbancken – 1660." Pro Memorie 21, no. 2 (January 1, 2019): 51–54. http://dx.doi.org/10.5117/pm2019.2.010.dauc.

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Yashina, А. А. "Ethics of Judges Behavior in Social Networks." Rossijskoe pravosudie 4 (March 24, 2020): 40–47. http://dx.doi.org/10.37399/issn2072-909x.2020.4.40-47.

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The subject of the article is the ethical problems of judges using social networks in modern conditions, as well as the issues of normative regulation of the topic in foreign countries. The purpose of the article: to formulate an idea about the basics of judges' participation in social networks,to identify problematic issues of judges' use of media technologies; to develop the most preferable variants of judges' behavior in social networks and blogging on the basis of positive foreign experience. To achieve these goals, traditional research methods are used. Understanding the basic principles of using social networks provides a broader understanding of their unique nature and the risks associated with them. Ethical standards of conduct governing the conduct of judges in official and non-official activities largely extend to the participation of judges in social networks. It should be noted that the creators of ethical acts have not taken the ethical dilemmas of judicial conduct related to the participation of judges in social networks into account. Now, the bodies of the judicial community have not developed any centralized regulation prescribing the rules of conduct of judges in networks. The current code of judicial ethics of the Russian Federation (hereinafter the Code) does not regulate these issues. Should judges be banned or allowed to register on social networks? What are the benefits and risks to judicial conduct associated with the use of social networks? Is it legitimate to discuss professional issues? Is there a need to develop and adopt special Guidelines for judges and court staff on the use of social networks, or to amend the code of ethics? The proposal on the need to develop and adopt Guidelines (Instructions) on the use of social networks by judges and the court apparatus is formulated.

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