scholarly journals COVID-19 Pandemic-Related Arguments in Polish Civil Litigation

2022 ◽  
Author(s):  
Anna Piszcz
Keyword(s):  
Individual Case ◽  
Civil Litigation ◽  
Court Cases ◽  
Criminal Cases ◽  
Research Material

AbstractThe aim of this paper is to analyse the legal record on civil litigation from mid-March 2020 to mid-July 2021 and examine COVID-19 pandemic-related arguments in a sample of litigated cases heard in Polish courts, more precisely 41 cases. In an attempt to establish the number and types of court cases in which such arguments have been raised, the population of individual case records was accessed electronically from the Ordinary Courts Judgments Portal (Pol. Portal Orzeczeń Sądów Powszechnych). The analysed research material consists of texts of written justifications published along with rulings of courts of the first instance in the Portal, except for texts regarding criminal cases and widely understood labour cases. This paper refers to certain theoretical aspects of argument and argumentation. Then, it sheds light on the use of COVID-19 pandemic-related arguments by the parties involved in litigation—as reported by the courts in written justifications—considering, amongst others, whether those arguments were found convincing by the courts. Based on a survey of relevant cases, an attempt was made to identify categories of COVID-19 pandemic-related arguments of the parties involved in litigation, raised in their legal submissions. Also a look into the tendencies in this regard was taken to see whether any patterns emerge and it is possible (or not) to discern different trends in the analysed phenomena. The point of the analysis in this article is both descriptive and normative.

scholarly journals A Thematic Review of Trump’s Political Rhetoric, and its Relationship with Violence in America

2021 ◽  
Author(s):  
Mvikeli Ncube ◽  
Melissa Evans
Keyword(s):  
Cultural Context ◽  
Political Rhetoric ◽  
Cultural Analysis ◽  
Court Cases ◽  
Criminal Cases ◽  
Systematic Analysis ◽  
Thematic Review ◽  
Forms Of Violence ◽  
The Impact ◽  
Self Presentations

This paper provides a socio-cultural analysis context for those interested on the intersections of self-presentations, justifications, anxieties and mitigations political rhetoric and crime offered in their testimonies by American individuals who have committed crimes and explicitly stated that their actions were motivated by the of rhetoric of Donald J. Trump’s pollical rhetoric. Whilst adopting ideas from Braun & Clarke (2012), this paper does not claim to carry out a systematic analysis, but a critical review that lays out themes emergent from two kinds of sampled texts namely, documentaries and court cases. Twelve criminal cases were identified as meeting our selection criteria, covering crimes ranging from verbal to physical attacks. The aim is to provide a socio-cultural context in which to understand the impact of political rhetoric on the actions of individuals which may have resulted in criminal behaviours. The paper argues that through his political rhetoric, President Donald J. Trump, advocates extremist views; promoting and inciting different forms of violence in general and against specific social groups; and individuals. This study concludes that the political rhetoric of President Donald J. Trump is most likely a factor in the radicalisation of individuals who commit different types of violent crime.

20. Public policy

2018 ◽  
Author(s):  
Adrian Keane ◽  
Paul McKeown
Keyword(s):  
Public Policy ◽  
Public Service ◽  
Public Interest ◽  
Civil Litigation ◽  
Criminal Cases ◽  
The Public ◽  
Admissible Evidence

The public interest in efficient and fair trials may be seen as underlying the rules of disclosure in civil litigation, whereby a litigant is obliged to make pre-trial disclosure of the documents on which he relies and the documents that adversely affect his own case or adversely affect, or support, another party’s case, even though such documents may not be admissible evidence at the trial. There is also a public interest in enabling material to be withheld where its production would harm the nation or the public service. Where these two kinds of public interest clash and the latter prevails over the former, relevant and otherwise admissible evidence is excluded at trial. Such material is said to be withheld by reason of ‘public interest immunity’. This chapter discusses the development of the modern law on public interest immunity; the scope of exclusion on grounds of public policy; and related procedural issues in civil and criminal cases.

Violent parasomnias and sleep forensics

2017 ◽  
Author(s):  
Michel A. Cramer Bornemann ◽  
Mark R. Pressman
Keyword(s):  
Genetic Predisposition ◽  
Expert Testimony ◽  
Scientific Evidence ◽  
Criminal Court ◽  
Court Cases ◽  
Deep Sleep ◽  
Criminal Cases ◽  
Legal Requirements ◽  
History Of ◽  
Science And Research

Parasomnias are complex behaviors occurring out of or during sleep. Parasomnias are increasingly presented as proof of an automatism in criminal cases involving violence. The sleep forensics expert must have an up-to-date understanding of current sleep science and research, diagnostic and clinical techniques, and the legal requirements of expert testimony and scientific evidence. Sleepwalking and related disorders typically follow sudden, partial awakenings from deep sleep. Higher-level cognition is severely limited or absent, and complex behaviors often consist of “automatic” behaviors not initiated or guided by memory or planning. Sleepwalking and related disorders are noted to occur during deep sleep and often require a genetic predisposition or priming factors. Prior cases of sleepwalking violence find that the victim of sleepwalking violence—most often a family member—seeks out the sleepwalker. The history of sleepwalking includes reports of episodes and sometimes criminal court cases of murder, assault, and rape.

REVIEW OF CASES ON NEWLY OPENED AND NEW CIRCUMSTANCES: UNFA-VOURABLE DISTINCTIONS OF THE CRIMINAL PROCEEDINGS

2021 ◽  
pp. 105-114
Author(s):  
Alia R. Sharipova ◽  
Keyword(s):  
Judicial Review ◽  
Negative Impact ◽  
Criminal Procedure ◽  
Access To Justice ◽  
Court Decisions ◽  
Court Cases ◽  
Criminal Proceedings ◽  
Criminal Cases ◽  
Criminal Procedure Law ◽  
Administrative Proceedings

The article deals with the comparative analysis of the procedure and grounds for reviewing court cases under new and newly discovered circumstances in criminal and arbitration, civil and administrative proceedings. The author proceeds from the idea of common fundamental beginnings of justice in general, and therefore, all types of judicial activities - including an extraordinary review of judicial decisions, which have entered into legal force. The branch specifics of specific procedural institutions should have a special explanation based on the specifics of the branch itself. The author thinks that there is no key basis for reviewing the case on the newly discovered circumstances in the criminal trial and attempts to replace it with one of the new circumstances. In this part, the current criminal procedure law differs unfavourably from the Soviet Criminal Procedure Code (CPC) of the RSFSR of 1960 - among the newly discovered circumstances, there are no those that could indicate a miscarriage of justice made out of direct connection with someone's criminal actions. In the current CPC of the Russian Federation, the list of newly discovered circumstances is closed, and the list of new circumstances that entail the review of the court decisions is, on the contrary, open. Examples of academic papers and administrative enactments justifying such a replacement are given. The author gives his arguments against it and proposes to change the list of grounds for revision, referring to the regulation in other procedural branches, historical and foreign experience. A significant procedural difference of the considered type of extraordinary review of cases in criminal proceedings from other types of proceedings is found. It is the need for applicants to request a review from the prosecutor, not from the court. The greatest objection is the non-alternative procedure: the prosecutor is a participant in the criminal proceedings on the part of the prosecution, he is responsible for the undoubted proof of the charge, which is the basis of the sentence, the abolition of which is requested by another interested person. The negative impact of the prosecutor's mediation between the complainant and the court on access to justice and its quality is argued. It is pointed out that there is no need for prosecutorial checks to resolve the issue of judicial review of the case. The analysis of judicial statistics in different branches of justice shows that criminal proceedings differ sharply by the negligible number of judicial review cases due to newly discovered and new circumstances. The article calls into question the ability to explain this fact by a higher quality of sentences in criminal cases in comparison with other court decisions in other court cases.

21. Public policy

2020 ◽  
pp. 675-710
Author(s):  
Adrian Keane ◽  
Paul McKeown
Keyword(s):  
Public Policy ◽  
Public Service ◽  
Public Interest ◽  
Civil Litigation ◽  
Criminal Cases ◽  
The Public ◽  
Admissible Evidence

The public interest in efficient and fair trials may be seen as underlying the rules of disclosure in civil litigation, whereby a litigant is obliged to make pre-trial disclosure of the documents on which he relies and the documents that adversely affect his own case or adversely affect, or support, another party’s case, even though such documents may not be admissible evidence at the trial. There is also a public interest in enabling material to be withheld where its production would harm the nation or the public service. Where these two kinds of public interest clash and the latter prevails over the former, relevant and otherwise admissible evidence is excluded at trial. Such material is said to be withheld by reason of ‘public interest immunity’. This chapter discusses the development of the modern law on public interest immunity; the scope of exclusion on grounds of public policy; and related procedural issues in civil and criminal cases.

scholarly journals The Work of Expert Testimony: Central Americans, Human Rights Defenders, and Immigration Courts

2020 ◽  
Vol 2 (1) ◽  
Author(s):  
Allan Burns ◽  
Keyword(s):  
Expert Testimony ◽  
Partner Violence ◽  
Culture Shock ◽  
The United States ◽  
Theory And Practice ◽  
Court Cases ◽  
Criminal Cases ◽  
Central Americans ◽  
Social Violence ◽  
History Of

Anthropologists have worked in legal arenas as experts on civil, criminal, and asylum cases throughout the history of the discipline. Today expert witnesses give opinions on the conditions of countries where immigrants flee, and that work includes ethnographic interviewing, research into the causes of political and social violence, and appearing in court through written affidavits and personal testimony. Expert testimony today includes helping in the defense of people fleeing intimate partner violence, persecution based on sexual orientation, threats and violence by gangs, and those whose political opinions put them at risk. Immigrants in the United States face institutional culture shock, structural violence, and criminalization of their lives. Case studies of immigration, civil, and criminal cases illustrate how theory and practice intersect in the harsh light of court cases.

The Cultural Defence

2021 ◽  
Author(s):  
Alison Dundes Renteln
Keyword(s):  
Cultural Factors ◽  
Cultural Relativism ◽  
Civil Litigation ◽  
Customary Law ◽  
Educational Systems ◽  
Culture Conflict ◽  
Criminal Cases ◽  
Cultural Backgrounds ◽  
Cultural Traditions ◽  
Irreparable Harm

This chapter considers how arguments based on cultural traditions and customary law influence the reasoning of judges in various jurisdictions through the use of cultural defences. A survey of cases reveals that judges consistently refuse to allow the introduction of evidence concerning litigants’ cultural backgrounds in legal proceedings. As explained here, the prescriptive version of cultural relativism calls attention to the context in which individuals act under cultural imperatives. It is the underlying theory that justifies culturally specific notions of reasonableness in criminal law and civil litigation. Although the defence is sometimes understood as limited to criminal cases, the chapter demonstrates how cultural factors also figure in cases involving exemptions and calculating damages in civil litigation. The chapter identifies several types of culture conflict, considers a theoretical framework for analysing cultural defences, and discusses practical difficulties associated with the implementation of the cultural defence policy. Anthropologists are often asked to serve as expert witnesses in these cases. How their involvement in the justice system may affect their professional reputations is also assessed. The final section offers suggestions as to likely new areas where cultural defences will be raised, such as military tribunals and educational systems. While proponents of the strategy contend that the courtroom door should be open to cultural argumentation, this does not mean the cultural factors should necessarily influence the disposition of the cases, particularly if the customs central to the dispute involve irreparable harm.

HIV on Trial

2017 ◽  
Author(s):  
Trevor Hoppe
Keyword(s):  
Criminal Court ◽  
Hiv Positive ◽  
Court Cases ◽  
Criminal Cases ◽  
Deadly Weapon ◽  
Original Dataset ◽  
Positive Person

After the first successful conviction of an HIV-positive person in Michigan, the number of criminal cases quickly grew throughout the 1990s. In this chapter, I go inside the courtroom to show how courts justify their often-harsh sentences by calling HIV-positive defendants murderers and by casting HIV as a deadly weapon. I draw on an original dataset including court transcripts from over one hundred criminal court cases in Michigan and Tennessee that led to convictions. Even in cases in which the defendant could not have plausibly infected their partner, judges scold defendants for being a deadly threat to society. The various intricacies of each case seem to matter little—suggesting that HIV, not the defendant, was on trial.

scholarly journals KAJIAN HUKUM PIDANA INDONESIA ATAS PENYALAHGUNAAN ALAT BUKTI VISUM ET REPERTUM SEBAGAI SARANA UNTUK MELAKUKAN TINDAK PIDANA PEMERASAN

2020 ◽  
Vol 13 (1) ◽  
pp. 1-11 ◽  
Author(s):  
Rohmat Rohmat
Keyword(s):  
Criminal Law ◽  
Human Body ◽  
Criminal Responsibility ◽  
Criminal Cases ◽  
Severe Injuries ◽  
Secondary Material ◽  
Intentional Actions ◽  
Research Material ◽  
Made In

Visible evidence is a doctor's statement made in writing about medical results to humans who live or die, or parts or suspected parts of the human body, based on their knowledge and under oath for justice. The role of Visum et Repertum as one of the evidences in criminal cases concerning the human body. However, Visum et Repertum can be misused by some people to benefit themselves illegally, in other words, committing the crime of extortion. The problem in this paper is how the position of visum et repertum evidence in the study of the Indonesian Criminal Procedure Book, the strength of visum et repertum evidence and how the study of Indonesian criminal law against the evidence evidence visum et repertum is used as a means to commit extortion crimes. This type of research uses normative analysis research. The research material used is secondary material. Then the data collection method is carried out through literature studies, while the data analysis is done qualitatively. Based on the research results it can be concluded that Indonesian criminal law has not directly controlled it. It can be said that the strength of the Visum et Repertum evidence is only as a complementary instrument in the search for truth. Someone who intentionally uses post mortem for his own benefit illegally, then that person cannot be considered as a victim but other offenders related to witnesses. Based on the analysis of the criminal element in the monistic flow and the element of criminal responsibility in the dualistic flow, the perpetrators of this crime have fulfilled the dolus element. This means that someone already has intentional and intentional actions to get minor or severe injuries with a view to benefiting oneself illegally.Alat bukti visum merupakan pernyataan dokter yang dibuat secara tertulis mengenai hasil medis kepada manusia yang hidup atau mati, atau bagian atau diduga bagian tubuh manusia, berdasarkan pengetahuan mereka dan di bawah sumpah demi keadilan. Peran Visum et Repertum sebagai salah satu alat bukti dalam perkara pidana mengenai tubuh manusia. Namun, Visum et Repertum dapat disalahgunakan beberapa orang untuk menguntungkan diri sendiri secara tidak sah, dengan kata lain, melakukan tindak pidana pemerasan. Permasalahan dalam paper ini adalah bagaimana kedudukan alat bukti visum et repertum dalam kajian Kitab Hukum Acara Pidana Indonesia, kekuatan alat bukti visum et repertum dan bagaimana kajian hukum pidana Indonesia terhadap alat bukti visum et repertum yang digunakan sebagai sarana untuk melakukan tindak pidana pemerasan. Jenis penelitian ini menggunakan penelitian analisis normatif. Bahan penelitian yang digunakan yaitu bahan sekunder. Kemudian metode pengumpulan data dilakukan melalui melalui studi literatur, sedangkan analisis data dilakukan secara kualitatif. Berdasarkan hasil penelitian dapat disimpulkan bahwa hukum pidana Indonesia belum secara langsung mengendalikannya. Dapat dikatakan bahwa kekuatan alat bukti Visum et Repertum hanya sebagai instrumen pelengkap dalam pencarian kebenaran. Seseorang yang dengan sengaja menggunakan visum untuk kepentingan diri sendiri secara tidak sah, maka orang tersebut tidak dapat dianggap sebagai korban tetapi pelaku pelanggaran lain sehubungan dengan para saksi. Berdasarkan analisis unsur pidana dalam aliran monistik dan unsur tanggung jawab pidana dalam aliran dualistik, maka pelaku tindak pidana ini telah memenuhi unsur dolus. Ini berarti bahwa seseorang telah memiliki niat dan tindakan yang disengaja untuk mendapatkan cedera ringan atau parah dengan maksud untuk menguntungkan diri sendiri secara tidak sah.

scholarly journals CIVIL LITIGATION NEGLIGENCE AND THE MALAYSIAN ADVOCATE

2012 ◽  
Vol 20 (1) ◽  
Author(s):  
Baharuddeen Abu Bakar
Keyword(s):  
Common Law ◽  
Civil Litigation ◽  
Criminal Cases ◽  
The Public ◽  
Adversarial System ◽  
Judicial Decisions ◽  
House Of Lords ◽  
The Difference ◽  
Court Of Appeal ◽  
Alternative Sanctions

Civil litigation negligence now stands on a surer footing following cases from Canada, England and elsewhere which lay emphasis on the adversarial system rather than the structure of the profession, and immunity has now been almost completely abolished by judicial decisions. In Malaysia, the basis of legal professional liability is expected to be re-aligned to be consistent with the other common law countries that have abolished immunity. The questions that necessitate consideration are therefore acts that would constitute negligence and those that are excusable, the relevant defences, and, of course, the alternative sanctions to civil litigation for this type of negligence. The fused nature of the profession in Malaysia, perceived to be more burdensome to its members, raises the question of the appropriate standard of the duty of skill and care.(For the purposes of this article an ‘advocate’ refers to the Malaysian (and Singaporean) lawyer, who as a member of a ‘true fused’ profession, engages in litigation or ‘contentious business’ as defined in s. 3 of the Legal Profession Act 1976.) {The writer is of the firm view that criminal cases should be considered separately from civil cases because of the difference in the law of procedure relating to the preparation of a case for presentation in court and the public policy considerations peculiar to each type of case as seen in the approach taken by the House of Lords in Arthur J.S. Hall v Simons in which separate judgments were delivered for each type of case. And in Rees v Sinclair [1974] 1 NZLR 180, a civil case, in which the New Zealand Court of Appeal did not consider the position in criminal cases.} 

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