Jury Trial To-day

1938 ◽  
Vol 6 (3) ◽  
pp. 367-380 ◽  
Author(s):  
R. M. Jackson
Keyword(s):  
Jury Trial ◽  
Criminal Cases ◽  
Current Opinion ◽  
The Past ◽  
The Subject ◽  
Civil Cases

Juries are divided into juries of presentment and juries of issue; this paper is concerned with the latter kind, commonly called trial juries. Modern writers are singularly chary of committing themselves to any opinion about juries. The eulogies of Blackstone are definitely unfashionable. The current opinion is perhaps on these lines: jury trial in civil cases is sometimes satisfactory and sometimes most unsatisfactory, and hence the restriction of jury trial has been a wise development; however, there is much to be said for jury trial in criminal cases and (in the past, at least) in cases where the liberty of the subject is concerned. If juries have in the past protected persons against political oppression, and if the conditions under which they did so are still existing or reasonably possible, then we have a point of such importance that it should receive priority in discussion.

scholarly journals Peran Peradilan Islam dalam Penegakan Hukum Islam di Kesultanan Buton

AL- ADALAH ◽  
2018 ◽  
Vol 14 (1) ◽  
pp. 81
Author(s):  
Asni Asni
Keyword(s):  
Significant Role ◽  
Legal System ◽  
Islamic Law ◽  
Past History ◽  
Legal Culture ◽  
Criminal Cases ◽  
Historical Approach ◽  
The Past ◽  
Civil Cases ◽  
Islamic Courts

This article tries to reveal the existence of the Islamic Courts in the Sultanate of Buton to measure the extent of its role in the enforcement of Islamic Law in the past. History explains that when Islam entered the territory of Southeast Sulawesi, the kingdom of Buton changed its status to Buton Sultanate and applied Islamic law throughout the empire. Using historical approach, the researcher succeeded in revealing the fact that in the area of the past Sultanate of Buton, once stood two institutions of Islamic Court named Syarana Adati and Syarana Hukumu or Syarana Agama. The authority of Syarana Adati was to deal with criminal cases where as Syarana Hukumu or Syarana Agama took care of certain civil cases such as marriage, divorce and inheritance. Despite the separation of authority, the two institutions can be categorized as Islamic Courts because the legal system used as a backdrop was Islamic Law. The study also finds out that the two institutions play a significant role in the upholding of Islamic law in the past as they were supported by the kingdom, and a strong legal culture both among law enforcers and in the community

MECHANISM FOR COMMITTING CORRUPTION-RELATED CRIMES BY DELIVERING PROHIBITED ITEMS TO THE TERRITORY OF INSTITUTIONS THAT PROVIDE ISOLATION FROM SOCIETY

2020 ◽  
pp. 27-34
Author(s):  
Надежда Викторовна Грязева
Keyword(s):  
Criminal Activity ◽  
Relevant Information ◽  
Penal System ◽  
Correctional Institutions ◽  
Criminal Cases ◽  
Close Attention ◽  
The Past ◽  
The Subject ◽  
The Russian Federation ◽  
Special Environment

В работе представлен механизм совершения коррупционных преступлений посредством доставки запрещенных предметов на территорию исправительных учреждений лицами из числа сотрудников органов и учреждений УИС, который изложен в виде последовательного (поэтапного) ряда процессов взаимодействия участников события прошлого, результатом которых являются следы-отображения, содержащие криминалистически значимую информацию о самом преступлении и участвующих в нем лицах. Пристальное внимание уделено преступной деятельности субъектов - должностных лиц органов и учреждений УИС - как системообразующему элементу рассматриваемой криминалистической категории. Субъектам расследования - следователям Следственного комитета РФ - для полноты, всесторонности и объективности установления обстоятельств по уголовным делам необходимо изучение закономерностей преступной деятельности должностных лиц, совершающих коррупционные преступления, проявляющихся в окружающей обстановке в виде материальных и идеальных следов, а также специфики деятельности учреждений УИС, образующей особую обстановку, элементы которой используют участники преступного события. В статье обозначены основные элементы механизма преступлений рассматриваемой группы: преступная деятельность субъекта; поведение и деятельность иных участников события; обстановка совершения преступления; отдельные элементы обстановки, используемые участниками события; орудия, средства преступления и иные предметы, используемые для достижения цели преступления; обстоятельства, положительно или отрицательно влияющие на достижение планируемого результата. На основе общего представления о механизме преступления и практических материалов в работе представлены основные этапы совершения коррупционных преступлений сотрудниками учреждений, обеспечивающих изоляцию от общества. The article presents the mechanism of committing corruption-related crimes by the delivery of prohibited items to the territory of correctional institutions by officers and employers of bodies and institutions of the penal system, which is set out in a sequential (phased) of a number of processes of interaction of participants of events of the past, resulting in traces of the display that contains forensically relevant information about the crime and involved persons. Close attention is paid to the criminal activity of subjects-officials of bodies and institutions of the penal system, as a system-forming element of the considered criminalistic category. The subjects of the investigation - the investigators of the Investigative Committee of the Russian Federation for completeness, comprehensiveness and objectivity of establishing the circumstances in criminal cases it is necessary to study patterns of criminal activity of officials committing crimes of corruption, manifested in the environment in the form of material and ideal traces, and also specificity of activity of establishments the FPS forming a special environment whose elements are using members of the criminal event. The article outlines the main elements of the mechanism of crimes groups: criminal activities of the subject; the behavior and activity of other participants of the event; the scene of the crime; individual elements of the scene used by the participants of the event; implements, tools of crime and other items used to achieve the goal of the crime; the circumstances positively or negatively influence the achievement of the planned result. Based on a general understanding of the mechanism of crime and practical materials, the paper presents the main stages of committing corruption crimes by employees of institutions that provide isolation from society.

scholarly journals Participation of the prosecutor in consideration of civil cases by the courts of appeal

2021 ◽  
pp. 1-9
Author(s):  
Artem Aleksandrovich Kovalev
Keyword(s):  
Social Relations ◽  
Case Law ◽  
Criminal Cases ◽  
The Social ◽  
The Subject ◽  
Civil Cases

The object of this research is the social relations that emerge in the context of participation of the prosecutor in consideration of civil cases by the courts of appeal, as well as the problematic aspects of the exercise of his powers in consideration of such cases. The author analyzes the essence of prosecutor's participation in consideration of civil cases by the courts of appeal, and the possibility of attributing such participation to one of the forms of prosecutor’s participation in consideration of civil cases by the courts. The subject of this research is the case law materials, legislative norms that regulate the indicated social relations, as well as the developed positions pertaining to the essence and separate aspects of the prosecutor's participation in consideration of civil cases by the courts of appeal. The prosecutor’s participation in the appellate instance has traditionally been the subject of research among legal scholars; this is associated to the specifics of this institution, that incorporates the elements of consideration of cases by the courts of first instance and their revision, which, in turn, generates discussions on the composition and procedure for the exercise of powers of the prosecutor participating in the appellate instance. At the same time, such research mostly dealt with participation of the prosecutor in consideration of criminal cases by the courts of appeal, while the problematic aspects of prosecutor’s participation in consideration of civil cases by the courts of appeal remained virtually unstudied, which defines the novelty of this work. The author formulates recommendations on the amendments to the current legislation on the forms of prosecutor’s participation in consideration of civil cases by the courts and the procedure for participation in consideration of civil cases by the courts of appeal, the implementation of which would allow the prosecutor’s office to achieve the goal of protection of citizens’ rights and optimization of consideration of civil cases by the courts of appeal.

7. Evidence of the defendant’s bad character

Evidence ◽  
2019 ◽  
pp. 242-315
Author(s):  
Roderick Munday
Keyword(s):  
Human Behaviour ◽  
Criminal Cases ◽  
The Core ◽  
Similar Fact ◽  
The Subject ◽  
Civil Cases

Titles in the Core Text series take the reader straight to the heart of the subject, providing focused, concise, and reliable guides for students at all levels. Human behaviour tends to follow patterns. Those who have previously been convicted of crime, or who can be shown to have committed other offences or to have behaved disreputably, either have a tendency to reoffend or are more likely to commit offences than those without such attributes. A defendant’s previous bad character may also reflect on credibility. This chapter discusses the following: the problem of whether or not to admit evidence of a defendant’s misconduct on other occasions; the situations in which evidence of a defendant’s bad character may be admitted in criminal cases, and the purposes for which it may be admitted; and the admission of similar fact evidence in civil cases.

7. Evidence of the defendant’s bad character

Evidence ◽  
2017 ◽  
Author(s):  
Roderick Munday
Keyword(s):  
Criminal Cases ◽  
The Core ◽  
Similar Fact ◽  
The Subject ◽  
Civil Cases

Titles in the Core Text series take the reader straight to the heart of the subject, providing focused, concise, and reliable guides for students at all levels. This chapter discusses the following: whether or not to admit evidence of a defendant’s misconduct on other occasions; the admission of evidence of a defendant’s bad character in criminal cases; and similar fact evidence in civil cases.

THE AMERICAN CRIMINAL THE AMERICAN CRIMINAL JURY TRIAL – JUSTICE AND JURY TRIAL – JUSTICE AND DEMOCRACY IN ACTION DEMOCRACY IN ACTION

Law and World ◽  
2020 ◽  
Vol 14 (1) ◽  
pp. 14-20
Keyword(s):  
United States ◽  
United States Of America ◽  
State Level ◽  
Federal Court ◽  
The United States ◽  
The State ◽  
Jury Trial ◽  
Criminal Cases ◽  
Jury Trials ◽  
Civil Cases

Only 2% of roughly 80,000 persons charged with crimes in 2018 in federal court in the United States of America had their cases heard by juries of their peers. In those trials, 83% of defendants were convicted and 17% were acquitted. Approximately 90% of criminal cases are resolved by way of plea agreement and sentencing with only 8% dismissed.1 The percentages of jury trials and plea agreements are roughly the same at the state level. Civil cases are also tried by juries but are not the focus of this article.

scholarly journals Crimes against life and health committed in the past: the current state of the problem of these offences solution

2020 ◽  
Vol 2020 (1) ◽  
pp. 158-163
Author(s):  
Anna Ryzhkova
Keyword(s):  
Russian Federation ◽  
Analytical Methods ◽  
Statistical Data ◽  
Criminal Cases ◽  
Right To Life ◽  
The Past ◽  
Current State ◽  
The Subject ◽  
The Russian Federation ◽  
The Right

The article is devoted to the problem of solving crimes against life and health having been committed in the Russian Federation in recent years. The study aims to analyze the current state of efficiency of the investigative authorities of the Russian Federation enquiring previously suspended criminal cases dealing with life and health being regarded as the most dangerous group of crimes on the subject of encroachment.The research methodology consists of formal legal, statistical and analytical methods. The author gives the definition to crimes against life and health committed in the past. The paper describes statistical data of the activities of the investigative authorities of the Russian Federation enquiring previously suspended criminal cases. The study reveals negative dynamics of crime solution effectiveness and indicates the declining interest in a record of subjects of this crime category. Crimes against life and health committed in the past are the most dangerous on the subject of their encroachment. A person, his rights and freedoms including the right to life is the highest value protected by the state. Bringing a guilty person to justice and timely crime solution prove to be important principles of inevitability of responsibility. The analysis has confirmed the priority of further improvement of the methods of investigation of this criminal cases category.

INSTITUTE OF TRIAL BY JURY IN THE RUSSIAN EMPIRE: ORIGIN AND DEVELOPMENT

2020 ◽  
Author(s):  
Rafael Komiljonov
Keyword(s):  
Russian Empire ◽  
Jury Trial ◽  
Judicial Process ◽  
The Past ◽  
Russian State ◽  
Administration Of Justice ◽  
Jury System ◽  
The Russian Empire ◽  
The Moment

The article examines the Genesis of the institution of jury trial in the Russian Empire from the moment of its introduction to the end of the Provisional government. It is noted that the emergence of a trial with the participation of jurors was influenced by Western models of the judicial process, and the forms of participation of citizens in the administration of justice that previously existed on the territory of the Russian state were taken into account. The role that the jury system has played with some success in the search for truth, justice, and the implementation of effective and independent justice in the past centuries is particularly highlighted.

Pakistan’s Development: Successes, Failures, and Future Tasks (Presidential Remarks)

1997 ◽  
Vol 36 (4I) ◽  
pp. 321-331
Author(s):  
Sarfraz Khan Qureshi
Keyword(s):  
Indian Subcontinent ◽  
General Meeting ◽  
The Past ◽  
Past Half Century ◽  
The Social ◽  
The Subject ◽  
Golden Jubilee ◽  
Freedom Movement ◽  
Past Half ◽  
Do So

It is an honour for me as President of the Pakistan Society of Development Economists to welcome you to the 13th Annual General Meeting and Conference of the Society. I consider it a great privilege to do so as this Meeting coincides with the Golden Jubilee celebrations of the state of Pakistan, a state which emerged on the map of the postwar world as a result of the Muslim freedom movement in the Indian Subcontinent. Fifty years to the date, we have been jubilant about it, and both as citizens of Pakistan and professionals in the social sciences we have also been thoughtful about it. We are trying to see what development has meant in Pakistan in the past half century. As there are so many dimensions that the subject has now come to have since its rather simplistic beginnings, we thought the Golden Jubilee of Pakistan to be an appropriate occasion for such stock-taking.

TARP DVIEJŲ KOLONŲ: XVIII A. PABAIGOS – XIX A. PRADŽIOS VILNIAUS MASONŲ KASDIENYBĖ SIMBOLIKOJE

2018 ◽  
pp. 144-163
Author(s):  
Daiva Milinkevičiūtė
Keyword(s):  
Daily Life ◽  
The Other ◽  
Daily Routine ◽  
The Past ◽  
Secular World ◽  
National Characteristics ◽  
Conservative Christian ◽  
The Subject ◽  
The One ◽  
Craft Guilds

The Age of Enlightenment is defined as the period when the universal ideas of progress, deism, humanism, naturalism and others were materialized and became a golden age for freemasons. It is wrong to assume that old and conservative Christian ideas were rejected. Conversely, freemasons put them into new general shapes and expressed them with the help of symbols in their daily routine. Symbols of freemasons had close ties with the past and gave them, on the one hand, a visible instrument, such as rituals and ideas to sense the transcendental, and on the other, intense gnostic aspirations. Freemasons put in a great amount of effort to improve themselves and to create their identity with the help of myths and symbols. It traces its origins to the biblical builders of King Solomon’s Temple, the posterity of the Templar Knights, and associations of the medieval craft guilds, which were also symbolical and became their link not only to each other but also to the secular world. In this work we analysed codified masonic symbols used in their rituals. The subject of our research is the universal Masonic idea and its aspects through the symbols in the daily life of the freemasons in Vilnius. Thanks to freemasons’ signets, we could find continuity, reception, and transformation of universal masonic ideas in the Lithuanian freemasonry and national characteristics of lodges. Taking everything into account, our article shows how the universal idea of freemasonry spread among Lithuanian freemasonry, and which forms and meanings it incorporated in its symbols. The objective of this research is to find a universal Masonic idea throughout their visual and oral symbols and see its impact on the daily life of the masons in Vilnius. Keywords: Freemasonry, Bible, lodge, symbols, rituals, freemasons’ signets.

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