A Comparative Approach to the Evaluation of Evidence from a ‘Fair Trial’ Perspective

This study aimed to analyze and compare the legal guarantees of the juvenile accused in the trial stage under both the Saudi regime and the Convention on the Rights of the Child. On the analytical and comparative approach, through the analysis of criminal legal texts dealing with the organization of legal safeguards for the juvenile accused at the trial stage until we find out their adequacy and inadequacy and their effectiveness in achieving a fair trial for juveniles, and compare them with the Convention on the Rights of the Child to address deficiencies and deficiencies, if any, and rectify them. This study culminates in a number of results, the most important of which are: The conviction of the juvenile should not be considered a priority, because it is unfair to load the juvenile mistakes in his juvenile period, in addition to this may affect the future of the event, and make him an adult deviant. The study also reached a number of recommendations, the most important of which are the following: Using the technical means in the social observation house and the girls' welfare institution when conducting the trial with juveniles, because of its importance in the event feeling of peace and comfort Consequences of being in a room isolated from the atmosphere of the trial.

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Conferring Official Language Rights in Legal Communication

Shallow Equality and Symbolic Jurisprudence in Multilingual Legal Orders ◽

10.1093/oso/9780190210335.003.0008 ◽

2019 ◽

pp. 209-248

Author(s):

Janny H.C. Leung

Keyword(s):

Fair Trial ◽

Comparative Approach ◽

Language Rights ◽

Official Language ◽

Cultural Survival ◽

Legal Principles ◽

Legal Communication ◽

To Come ◽

Language Law ◽

Official Status

This chapter asks two questions about the nature of official language rights. The first is a practical one—whether and how official language law enhances language rights for the communities concerned. A comparative approach is taken to answer this question, which will also reveal situations where official language rights conflict with existing legal principles and norms. The second question is a philosophical one. Should language rights derived from official status be distinguished from language rights derived from fair trial rights? Since natural justice rationale only seeks to ensure effective communication and fair trial, and is indifferent to the choice of particular languages, the enlargement of language rights through official status must be justified through additional principles. Courts in multilingual jurisdictions have been trying to come up with persuasive principles that justify the derivation of language rights from official status. Such justifications include a constitutional promise about linguistic equality, the cultural survival of official language communities, and respect for the cultural identity of these communities.

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Recommendations for the probity of computer evidence

Digital Evidence and Electronic Signature Law Review ◽

10.14296/deeslr.v18i0.5240 ◽

2020 ◽

pp. 18-26

Author(s):

Paul Marshall ◽

James Christie ◽

Peter Bernard Ladkin ◽

Bev Littlewood ◽

Stephen Mason ◽

...

Keyword(s):

Computer Systems ◽

Fair Trial ◽

Present Approach ◽

Central Problem ◽

Legal Proceedings ◽

Electronic Evidence ◽

Evaluation Of Evidence

There exists widespread misunderstanding about the nature of computers and how and why they are liable to fail. The present approach to the disclosure or discovery and evaluation of evidence produced by computers in legal proceedings is unsatisfactory. The central problem is the evidential presumption that computers are reliable. This presumption is not warranted. To this end, recommendations are proposed to rectify this problem with the aim of increasing the probability of a fair trial. Index words: electronic evidence; computer systems; disclosure; discovery; recommendations for judges; fairness of legal proceedings

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Moral-psychological and Legal Aspects of the Evaluation of Evidence in Criminal Proceedings (Comparative Approach)

International Journal of Engineering & Technology ◽

10.14419/ijet.v7i3.15.18672 ◽

2018 ◽

Vol 7 (3.15) ◽

pp. 206

Author(s):

Igor Alekseevich Antonov ◽

Yuriy Viktorovich Gavrilin ◽

Alexander Viktorovich Pobedkin ◽

Eldar Kyarimovich Kutuyev ◽

Mikhail Yurievich Vinogradov

Keyword(s):

Objective Evaluation ◽

Legal Aspects ◽

Comparative Approach ◽

Criminal Proceedings ◽

External Criterion ◽

Human Thought ◽

Assessment Of Evidence ◽

Evaluation Of Evidence ◽

The Impact ◽

Selection Of

The impact of moral, psychological and legal aspects of the evaluation of evidence by the officials conducting the criminal proceedings on the attitude of society to its results is considered in this article. The comparative legal, formal-legal, and logical methods of study are used herein to prove that the evaluation of evidence as a mental activity cannot be controlled externally. At the same time, a free assessment of evidence is the only way to establish properly the circumstances in a criminal case. At the same time, the moral and psychological aspects of the evaluation of evidence are inherent characteristics of human thought and do not interfere with the establishment of truth. The conclusion is substantiated that it is possible to provide an objective evaluation of evidence only by the external criterion – the moral requirements to the selection of judges, prosecutors, investigators and their upbringing, checked by the society.

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Sem/X-Ray Applications to the Forensic Science Field

Proceedings, annual meeting, Electron Microscopy Society of America ◽

10.1017/s0424820100091937 ◽

1976 ◽

Vol 34 ◽

pp. 390-391

Author(s):

K. Culbreth

Keyword(s):

Forensic Science ◽

Depth Of Field ◽

Surface Phenomena ◽

Criminal Cases ◽

Forensic Evidence ◽

Science Field ◽

X Ray ◽

Hit And Run ◽

Evaluation Of Evidence ◽

Scanning Electron

The introduction of scanning electron microscopy and energy dispersive x-ray analysis to forensic science has provided additional methods by which investigative evidence can be analyzed. The importance of evidence from the scene of a crime or from the personal belongings of a victim and suspect has resulted in the development and evaluation of SEM/x-ray analysis applications to various types of forensic evidence. The intent of this paper is to describe some of these applications and to relate their importance to the investigation of criminal cases.The depth of field and high resolution of the SEM are an asset to the evaluation of evidence with respect to surface phenomena and physical matches (1). Fig. 1 shows a Phillips screw which has been reconstructed after the head and shank were separated during a hit-and-run accident.

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Lectin-Induced RBC Agglutination: Chemical vs. Cryofixation

Proceedings, annual meeting, Electron Microscopy Society of America ◽

10.1017/s1431927600002920 ◽

1980 ◽

Vol 38 ◽

pp. 664-665

Author(s):

Dean A. Handley ◽

Lanping A. Sung ◽

Shu Chien

Keyword(s):

Lectin Binding ◽

Freeze Substitution ◽

Electrostatic Charge ◽

Geometric Parameters ◽

Comparative Approach ◽

Chemical Fixation ◽

Cell Surfaces ◽

Minimal Cell ◽

Membrane Stiffness ◽

Cell Contour

RBC agglutination by lectins represents an interactive balance between the attractive (bridging) force due to lectin binding on cell surfaces and disaggregating forces, such as membrane stiffness and electrostatic charge repulsion (1). During agglutination, critical geometric parameters of cell contour and intercellular distance reflect the magnitude of these interactive forces and the size of the bridging macromolecule (2). Valid ultrastructural measurements of these geometric parameters from agglutinated RBC's require preservation with minimal cell distortion. As chemical fixation may adversely influence RBC geometric properties (3), we used chemical fixation and cryofixation (rapid freezing followed by freeze-substitution) as a comparative approach to examine these parameters from RBC agglutinated with Ulex I lectin.

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