Relevant bibliographies by topics / Re-prosecution

Academic literature on the topic 'Re-prosecution'

Author: Grafiati
Published: 10 December 2022
Last updated: 28 January 2023

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Journal articles on the topic "Re-prosecution"

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Cole, T. B. "RE: "THE FAILURE OF ACADEMIC EPIDEMIOLOGY: WITNESS FOR THE PROSECUTION"." American Journal of Epidemiology 146, no. 9 (November 1, 1997): 788. http://dx.doi.org/10.1093/oxfordjournals.aje.a009359.

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Bhopal, R. S. "RE: "THE FAILURE OF ACADEMIC EPIDEMIOLOGY: WITNESS FOR THE PROSECUTION"." American Journal of Epidemiology 149, no. 5 (March 1, 1999): 485–86. http://dx.doi.org/10.1093/oxfordjournals.aje.a009837.

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Anderton, John. "Patent prosecution history as a predictor of re-examination success." Journal of Intellectual Property Law & Practice 2, no. 7 (June 8, 2007): 467–72. http://dx.doi.org/10.1093/jiplp/jpm075.

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Nugraha, Yodi. "OPTIMALISASI ASAS OPORTUNITAS PADA KEWENANGAN JAKSA GUNA MEMINIMALISIR DAMPAK PRIMUM REMEDIUM DALAM PEMIDANAAN." Veritas et Justitia 6, no. 1 (June 28, 2020): 213–36. http://dx.doi.org/10.25123/vej.3882.

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In the Indonesian criminal justice system, every public prosecutor possesses the authority to cease criminal prosecution in the name of public interest. In contrast, in the Netherland, only the Attorney General (Procureur Generaal) at the Supreme Court has this authority. This article discusses this authority to cease of terminate criminal prosecution in the name of public interest. To do this a comparative approach is used in which the ruling of this authority to terminate criminal prosecution as found in the Draft of the Indonesian Criminal Code will be compared against the same regulation and policy used in the Netherlands. A doctrinal and comparative law approach will be used. One recommendation resulting from this research is the need to re-evaluate the existing procedure and requirement of terminating criminal prosecution in the public interest in the Indonesian context and the introduction of Rechter-Commissaris into the criminal justice system.
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ARMSTRONG, J. "The Publication, Prosecution, and Re-publication of James Hanley's Boy (1931)." Library s6-19, no. 4 (January 1, 1997): 351–62. http://dx.doi.org/10.1093/library/s6-19.4.351.

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Armstrong, J. "The publication, prosecution, and re-publication of James Hanley's Boy (1931)." Library 19, no. 4 (December 1, 1997): 351–62. http://dx.doi.org/10.1093/library/19.4.351.

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Glaser, Sebastian, and Sarah Hartmann. "CJEU: Germany’s Public Prosecution Authorities Cannot be Regarded as a “Judicial Authority” with Regard to EAWs—The Truth or a Misconstrual of the Legal Reality?" German Law Journal 23, no. 4 (May 2022): 650–60. http://dx.doi.org/10.1017/glj.2022.36.

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AbstractThe judgment rendered by the Court of Justice of the European Union (CJEU) on May 27, 2019, deemed Germany’s prosecution service (Staatsanwaltschaft) legally incompetent for the purpose of issuing European arrest warrants (EAW) due to its lack of institutional independence. As a consequence, the question of how the German criminal prosecution system differs from the approaches taken by other European countries issuing European arrest warrants arises and raises the question of whether the German prosecution service truly is insufficiently independent in this respect. Debates amongst legal scholars have ensued in the wake of the CJEU’s judgment—the Court not yet having proffered any solutions regarding the re-establishment of the institutional independence—and this article shall discuss the lack of independence and acquaint the reader with possible solutions.
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Oberman, Michelle. "Two Truths and a Lie: In re John Z. and Other Stories at the Juncture of Teen Sex and the Law." Law & Social Inquiry 38, no. 02 (2013): 364–402. http://dx.doi.org/10.1111/j.1747-4469.2012.01310.x.

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Laws governing adolescent sexuality are incoherent and chaotically enforced, and legal scholarship on the subject neither addresses nor remedies adolescents’ vulnerability in sexual encounters. To posit a meaningful relationship between the criminal law and adolescent sexual encounters, one must examine what we know about adolescent sexuality from both the academic literature and the adults who control the criminal justice response to such interactions. This article presents an in-depth study of In re John Z., a 2003 rape prosecution involving two seventeen-year-olds. Using this case, I explore the implications of the prosecution by interviewing a variety of experts and analyzing the contemporary literature on sexual norms among youth. I also relate a series of interviews conducted with the major players in the prosecution. Examining this case from a variety of perspectives permits a deeper understanding of how the law regulates adolescent sexual encounters and why it fails.
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Smith, Bradford L. "In Re Letter of Request from Crown Prosecution Service of United Kingdom." American Journal of International Law 83, no. 4 (October 1989): 929–33. http://dx.doi.org/10.2307/2203384.

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Appellant, Thomas J. Ward, appealed a district court decision appointing commissioners to obtain evidence sought by the Crown Prosecution Service of the United Kingdom (Crown Service). The district court had appointed the commissioners pursuant to 28 U.S.C. §1782 (1982), to depose in the United States certain third-party witnesses with knowledge relevant to a criminal investigation in the United Kingdom. On review, the Court of Appeals for the District of Columbia Circuit (per Ginsburg, J.) affirmed the district court’s decision and held: that 28 U.S.C. §1782 authorized the appointment of the commissioners, even though there was no pending criminal proceeding in the United Kingdom when the depositions were requested and the procedure for the depositions might vary from that normally applicable in the United States. The court remanded the case, however, for a further determination to ensure that the depositions would comply with procedural rules applicable in the United Kingdom.
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Appludnopsanji, Appludnopsanji, and Pujiyono Pujiyono. "Restrukturisasi Budaya Hukum Kejaksaan Dalam Penuntutan Sebagai Independensi di Sistem Peradilan Pidana Indonesia." SASI 26, no. 4 (December 30, 2020): 571. http://dx.doi.org/10.47268/sasi.v26i4.359.

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The position of the prosecutor's office which is under two powers namely executive and judiciary causes the prosecutor's office to become an institution that is not independent and free, thus causing blemishes to commit fraud by prosecutors. This study aims to find out how the reality of the independence of prosecutors in prosecution and know how the cultural rearrangement for prosecutors in prosecution as a process of the criminal justice system. Research methods The research method uses normative research through a conceptual approach and a statue approach. The results showed that the ambiguous position of the prosecutor made the prosecutor hesitant in carrying out their duties, was not independent and was not free and there was a judicial mafia. With regard to this condition, re-structuring of the prosecutor's independence in prosecution is needed. This is intended so that the prosecutor's office becomes an independent institution by integrally restructuring the legal culture together with other criminal justice sub-systems through a religious approach, contextual approach and comparative approach
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Dissertations / Theses on the topic "Re-prosecution"

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Aboueldahab, Noha. "Re-thinking transitional justice : the prosecution of political leaders in the Arab Region : a comparative case study of Egypt, Libya, Tunisia and Yemen." Thesis, Durham University, 2015. http://etheses.dur.ac.uk/11354/.

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The dramatic uprisings that ousted the long-standing leaders of several countries in the Arab region have set in motion an unprecedented period of social, political and legal transformation. The Arab Spring uprisings saw criminal prosecutions in the Arab region take centre stage in the pursuit of transitional justice. Through a comparative case study of Egypt, Libya, Tunisia and Yemen, this thesis presents a critique of mainstream transitional justice theory. This theory is built on the underlying assumption that transitions constitute a shift from non-liberal to liberal democratic regimes, where measures – often legal – are taken to address atrocities committed during the prior regime. By examining the factors that triggered, drove and shaped decisions regarding the prosecution of political leaders in the four case studies, this thesis will enhance our understanding of how transitional justice is pursued in varied contexts. The findings of this research therefore build on the growing literature that claims that transitional justice is an under-theorised field and needs to be developed to take into account non-liberal and complex transitions. I argue that transitional justice in the Arab region presents the strongest challenge yet to the transitional justice paradigm, which presumes a shift from violent, non-liberal rule to peaceful, liberal-democratic rule. There are four parts to this argument. First, the non-paradigmatic nature of the Arab region transitions, whereby a renewed form of repressive, non-liberal rule has largely taken shape, warrants a re-thinking of transitional justice and its pursuit in various contexts. Second, the Arab region cases demonstrate that both domestic and international actors pursue competing accountability agendas, thereby weakening claims of a global accountability norm. Third, the emphasis these cases place on accountability for corruption and socio-economic crimes as opposed to civil and political rights violations underline the need to develop transitional justice theory. The limited content and extent of the investigations and prosecutions in the four case studies are driven by the controlled nature of the transitions and point to a practice of scapegoating certain high-level officials and a certain set of crimes to show that there has been a break with the former regime. Finally, a re-thinking of transitional justice needs to take into account the absence of pre-existing democratic structures and what this means for criminal accountability prospects in non-paradigmatic transitional contexts.
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Books on the topic "Re-prosecution"

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Fa lü jian du re dian wen ti yan jiu: Studying the hot topics of legal supervision. Shanghai Shi: Shanghai jiao tong da xue chu ban she, 2011.

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Dang dai jian cha li lun yu shi jian re dian wen ti yan jiu. Shanghai Shi: Shanghai jiao tong da xue chu ban she, 2009.

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Jian cha ji guan shi yong xin xing shi su song fa re dian nan dian wen ti yan jiu. Beijing Shi: Zhonghua shu ju, 2013.

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1817-1892, Murfree William L., ed. Hints on advocacy: Intended for practitioners in civil and criminal courts : with suggestions as to opening a case, examination-in-chief, cross-examination, re-examination, reply, conduct of a prosecution and of a defense, etc., and illustrative cases. 2nd ed. Littleton, Colo: F.B. Rothman, 1994.

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Jeyya, Kyoʻ. Cā pe reʺ sāʺ Phranʻʹ khyi khraṅʻʺ phraṅʻʹ ʾA sa re phyakʻ khraṅʻʺ chuiṅʻ rā Upade. Ranʻ kunʻ: Ca kāʺ pro ne sū myāʺ Cā pe, 2006.

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Raffe, Alasdair. Scotland. Oxford University Press, 2017. http://dx.doi.org/10.1093/oso/9780199644636.003.0008.

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This chapter examines the transformations in the status and character of Scottish Episcopalianism from 1662 to 1829. Despite being re-established in the Church of Scotland in 1661–2, episcopacy was abolished in 1689. Thereafter Episcopalians were a Nonconformist group, and only the minority of congregations whose clergy were loyal to Queen Anne and her Hanoverian successors enjoyed legal protection. But while the intermittent prosecution of the Jacobite clergy contributed to a steep decline in the number of Scottish Episcopalians, disestablishment allowed the clergy to reassess episcopal authority, and to experiment with liturgical reforms. After transferring their allegiance to the Hanoverians in 1788, the Episcopalians drew closer to the Church of England, formally adopting the Thirty-Nine Articles in 1804. By the end of the period, the Episcopalians saw themselves as an independent, non-established Church, one of the branches of international Anglicanism.
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Schabas, William A. The Trial of the Kaiser. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780198833857.001.0001.

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Today’s elaborate system of international criminal justice originates in proposals at the end of the First World War to try Kaiser Wilhelm II before an international criminal tribunal. In the weeks following 11 November 1918, the British, French, and Italian Governments agreed on a trial. Lloyd George campaigned for re-election on the slogan ‘Hang the Kaiser’. The Kaiser had fled to the Netherlands, possibly after receiving signals from the Dutch Queen that he would be welcome. Renegade US soldiers led by a former Senator failed in a bizarre attempt to take him prisoner and bring him to Paris. During the Peace Conference, the Commission on Responsibilities brought international lawyers together for the first time to debate international criminal justice. They recommended trial of the Kaiser by an international tribunal for war crimes, but not for starting the war or violating Belgian neutrality. The Americans were opposed to any prosecution. However, President Wilson changed his mind and agreed to trial for a ‘supreme offence against international morality’. This became a clause in the Treaty of Versailles, one of the few that the Germans tried to resist. Although the Allies threatened a range of measures if the former Emperor was not surrendered, the Dutch refused and the demands were dropped in March 1920. The Kaiser lived out his life in a castle near Utrecht, dying of natural causes in June 1941. Hitler sent a wreath to the funeral.
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Los Tribunales Penales Internacionales Ad Hoc Para La Ex Yugoslavia y Ruanda: Organizacion, Proceso y Prueba: Incluye Traduccion Al Espa~nol de Las Re. Not Avail, 2003.

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The UN International Criminal Tribunals: The Former Yugoslavia, Rwanda and Sierra Leone. Cambridge University Press, 2006.

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Schabas, William A. un International Criminal Tribunals: The Former Yugoslavia, Rwanda and Sierra Leone. Cambridge University Press, 2012.

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Book chapters on the topic "Re-prosecution"

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Wölfel, Ute. "The End of Transgression: Fritz Bauer as Traitor on the German Screen." In Mediating War and Identity, 75–96. Edinburgh University Press, 2020. http://dx.doi.org/10.3366/edinburgh/9781474446266.003.0005.

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This chapter offers a close reading of two recent German films – Der Staat gegen Fritz Bauer/ The People vs. Fritz Bauer (2015) and Die Akte General/ The General (2016) - depicting the postwar life and work of Fritz Bauer as attorney general in the court of Hesse (1956-68), where he initiated postwar key Nazi-criminal trials. Bauer’s prosecution of Nazi criminals, his attempts to reform postwar jurisdiction and re-instill a moral consciousness were at the time perceived by many Germans as treason; the majority of West Germans saw Bauer’s work as a transgression and betrayal of their heavily guarded victim identity. As the case of Bauer shows, within the complex re-negoiation of West German postwar identity, the concept of treason formed a central point of convergence of the burdens of the past and the hopes for a democratic future. My reading focusses on the films’ framing of Bauer’s role as perceived traitor and explores the ambivalence of cinematic strategies which retrospectively celebrate Bauer’s historical efforts and at the same time still elicit an undercurrent of retribution in the name of the historically questioned German postwar community of ‘victims’.
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Walker, Lorenn, and Cheri Tarutani. "Restorative Justice and Violence Against Women in the United States." In Therapeutic Jurisprudence and Overcoming Violence Against Women, 63–84. IGI Global, 2017. http://dx.doi.org/10.4018/978-1-5225-2472-4.ch005.

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Opposition to using restorative justice to address violence against women mainly concerns the fear that women will be re-victimized if they engage with men who endangered them. While law enforcement and criminal justice approaches are necessary to address violence against women, women's choices about when and how to use law enforcement and prosecution to address violence against them, should be respected. Exclusive criminalization of violence against women has not protected many and has further harmed marginalized and Black people. To address intimate partner violence, victims' needs for healing must be met including when the victim-offender overlap applies and an offender is also a victim. Ignoring healing perpetuates violence. Applying restorative justice and its foundational questions, during direct meetings between victims and offenders, or when they meet separately, can address the victim-offender overlap, reduce reliance on punishment, and increase healing.
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Choo, Andrew L.-T. "3. The Course of Evidence." In Evidence. Oxford University Press, 2018. http://dx.doi.org/10.1093/he/9780198806844.003.0003.

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Chapter 3 examines the principles relating to the presentation of evidence in court. It first discusses the adversarial tradition upon which the English trial process is based. It then distinguishes between the principles governing the questioning of one’s own witness (which occurs in examination-in-chief and re-examination) and those governing the questioning of another party’s witness (which occurs in cross-examination). It shows that, in criminal proceedings, provisions in the Criminal Justice Act 2003 now deal with two particular matters that may arise in the course of questioning one’s own witness—the extent to which refreshing memory is permitted, and the extent to which a previous consistent statement is admissible in evidence. The chapter also considers other issues, including the judicial approach to ‘no case to answer’ submissions in criminal trials, and the extent to which the claimant or prosecution may adduce further evidence after closing its case.
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Choo, Andrew L.-T. "3. The Course of Evidence." In Evidence, 51–83. Oxford University Press, 2021. http://dx.doi.org/10.1093/he/9780198864172.003.0003.

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Chapter 3 examines the principles relating to the presentation of evidence in court. It first discusses the adversarial tradition upon which the English trial process is based. It then distinguishes between the principles governing the questioning of one’s own witness (which occurs in examination-in-chief and re-examination) and those governing the questioning of another party’s witness (which occurs in cross-examination). It shows that, in criminal proceedings, provisions in the Criminal Justice Act 2003 now deal with two particular matters that may arise in the course of questioning one’s own witness—the extent to which refreshing memory is permitted, and the extent to which a previous consistent statement is admissible in evidence. The chapter also considers other issues, including the judicial approach to ‘no case to answer’ submissions in criminal trials, and the extent to which the claimant or prosecution may adduce further evidence after closing its case.
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Brown, Andrew. "Restoration." In Bound by Muscle, 188—C12.N104. Oxford University PressNew York, 2022. http://dx.doi.org/10.1093/oso/9780197582633.003.0012.

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Abstract Although events tilted against the Axis in 1942, both Hill and Meyerhof recognized that notions of victory were premature. Hill, while tireless in his humanitarian efforts, made a forceful case in the House of Commons that the greatest benefit would come from the relentless prosecution of the war. By 1943, he allowed himself to consider postwar life. He visited India to review the status of the universities, research and development, and health services there. After an arduous five-month tour, his comprehensive report suggested many improvements later adopted. Returning to London, he spearheaded a Royal Society review of Post War Needs. Meyerhof believed the traditional power groups in Germany needed to be destroyed economically and politically before any attempts at re-education. After the defeat of Germany, he was appalled at the self-pity of some of his former colleagues, who did not seem to accept the unprecedented catastrophe that Germany had visited on the world.
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Estevane, Gregorio. "“Presumed Guilty” or “Dirtying Up the Defendant”: Criminal Gang Enhancement Prosecutions in California and Police/­Prosecution Misconduct." In The Re-Evolution of American Street Gangs, 249–314. CRC Press, 2015. http://dx.doi.org/10.1201/b19237-14.

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Ocampo, Luis Moreno. "War and Justice in the Gaddafi Case." In War and Justice in the 21st Century, 465—C20.N79. Oxford University Press, 2022. http://dx.doi.org/10.1093/oso/9780197628973.003.0021.

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Abstract This chapter analyzes the UN Security Council jus ad Bellum decision in Libya highlighting the substantial differences with the decisions adopted in Afghanistan and Iraq. It also presents the Office of the Prosecutor reevaluation of “the interest of justice,” confirming that the situation was admissible. The prosecution presented to the UN Security Council its plans to request arrest warrants receiving strong support. The chapter summarizes the request and the pre-trial chamber’s decision to issue three arrest warrants. The court was able to act decisively before the conflict ended. The Gaddafi regime collapsed. A group of rebels executed Muammar Gaddafi. Al-Sennusi escaped, was arrested in Mauritania, and extradited to Libya, where he was prosecuted. Saif Gaddafi tried to escape, but a Zintan militia arrested him. Libya challenged the admissibility of both cases before the ICC. The court accepted Libya’s position in the Al-Sennusi case and rejected it in the case against Saif Al-Islam Gaddafi. For the first time in the history of the court, an admissibility challenge was successful. In 2014, a new civil war started, and a separate Congress was established in Tobruk. It provided a general amnesty in 2015, and the Zintan militia released Saif Gaddafi. He challenged his case’s admissibility before the ICC, arguing that he was already prosecuted and convicted in absentia for the same crimes. The chambers rejected his arguments because there was not a final judgment of conviction. The 2011 UN Security Council’s jus ad Curiam and jus ad Bellum decisions were implemented. Still, Libya’s national political system could not manage the new conflicts, and new actors committed more crimes. Highlights Muammar Gaddafi forces that were still advancing to Benghazi after Luis Moreno Ocampo’s jus ad Curiam decision that opened an investigation into Libya. To protect civilians, in March 2011, the UN Security Council adopted a jus ad Bellum decision, which had substantial differences with the decisions adopted in Afghanistan and Iraq. It details how the Office of the Prosecutor had to investigate ongoing crimes committed in Libya in a highly politically charged scenario. The chapter looks at evidence that is collected for protecting witnesses and investigators and re-evaluated for the interest of justice, confirming that the situation was admissible. It recounts how Luis Moreno Ocampo warned the UN Security Council about planning to request arrest warrants during the briefing and was able to receive strong support.
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Mulcahy, Jane. "Re-storying Offending Behaviour: A Normal Response to an Overdose of Trauma?" In Giving Voice to Diversity in Criminological Research, 89–110. Policy Press, 2021. http://dx.doi.org/10.1332/policypress/9781529215526.003.0005.

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Drawing on qualitative interview data with twelve men approaching release from prison, I explore how childhood trauma is at the root of their offending, based on their personal backstories of neglect, abuse, family dysfunction, social deprivation and community adversity. Involvement in criminality is just one of many symptoms of interpersonal trauma and social exclusion. Wounded people with offending behaviour need to learn to feel safe in their own bodies and to regulate their emotions in healthy ways. If they are not assisted to heal, to locate their real, authentic selves underneath their (mal)adaptive coping strategies, to take joy in human relationships and find purpose in the world, further criminality is a virtual certainty. I argue that penal policy and practice must become aware of the impact of Adverse-Childhood Experiences (ACEs) and trauma-responsive as a matter of urgency. Unless and until all the various actors involved in crime prevention, prosecution, punishment and rehabilitation get to grips with the debilitating impact of developmental trauma and the adverse experience of class, little in the way of lasting positive change can be expected of traumatised offenders.
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"• Indictable offences – such as rape, robbery and murder; • Summary offences – such as insulting behaviour, common assault and indecent exposure; • Offences triable either way – such as theft, criminal damage (depending on the value of the property damaged), assault occasioning bodily harm contrary to s 47 of the Offences Against the Person Act 1861, and indecent assault. Indictable offences are triable only in the Crown Court before a judge and jury. Summary offences are triable only in the magistrates’ court. Offences triable either way may be tried before either court, depending on the circumstances, in particular the seriousness of the offence and the preferences expressed by the prosecution and defendant; see further s 14 of the Criminal Law Act 1977, as re-enacted by ss 17–25 of the Magistrates’ Courts Act 1980. Classification by reference to police powers." In Sourcebook Criminal Law, 58. Routledge-Cavendish, 1996. http://dx.doi.org/10.4324/9781843143093-50.

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"The extent to which a conviction can be regarded as ‘safe’, notwithstanding unfairness in the trial process, has had to be re-considered following the enactment of the Human Rights Act 1998, and the decision of the European Court of Human Rights in R v Condron [2000] Crim LR 679. The result is that the Court of Appeal should not disengage the issue of the fairness of the trial from the issue of whether or not the conviction is safe. In essence significant violations of the right to a fair trial provided by Art 6 of the European Convention on Human Rights are, of themselves, likely to render a conviction unsafe; see further R v Francom (2000) The Times, 24 October. In R v Togher and Others (2000) The Times, 21 November, Lord Woolf CJ went so far as observe that the approach of the Court of Appeal should be in step with that of the European Court of Human Rights with the result that the denial of a fair trial contrary to Art 6 would now inevitably lead to a finding that the resulting conviction was unsafe. Such a conclusion is a direct result of the obligation created by s3(1) of the Human Rights Act 1998 to the effect that domestic legislation, such as the Criminal Appeal Act 1995, should be read, so far as possible, in a manner that gave effect to Convention rights. R v Davis (2000) The Times, 25 July, whilst not departing from this broad proposition, emphasises that it may still be necessary to look at the circumstances of a particular case before concluding that a violation of Art 6 has rendered a conviction unsafe – it will be a matter of fact and degree. Even if an appeal against conviction succeeds the accused may still face a retrial. The Court of Appeal has the discretion to order a retrial under s 7 of the 1968 Act if it appears to the court that the interests of justice so require. If there has been a total mistrial the Court of Appeal can issue a writ of venire de novo – setting events back to where they were before the irregularity that rendered the trial a mistrial occurred. Some appeals against conviction will be partially successful in that the Court of Appeal can allow the appeal but substitute a conviction for a lesser-included offence – an obvious example being the quashing of a murder conviction and the substitution of a conviction for manslaughter. Appeal by the prosecution: against over lenient sentences." In Sourcebook Criminal Law, 72–73. Routledge-Cavendish, 1996. http://dx.doi.org/10.4324/9781843143093-54.

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