Miscarriage of Justice and the Right to Representation

1997 ◽  
Vol 31 (1-3) ◽  
pp. 612-644
Author(s):  
Kenneth Mann
Keyword(s):  
Criminal Procedure ◽  
The United States ◽  
Legal Counsel ◽  
Criminal Cases ◽  
Criminal Trials ◽  
Policy Makers ◽  
Modern System ◽  
The Right ◽  
Public Entity ◽  
Miscarriage Of Justice

In modern criminal procedure it is generally held that reliability of results and basic fairness in criminal trials require that a defendant have legal counsel. Prevention of miscarriage of justice is tied closely, in the minds of policy makers and judges, with vigorous representation by competent counsel. As against these presuppositions how should one understand a modern system of criminal procedure, such as that in Israel, that does not have a broad right of representation for suspects or defendants in criminal cases?It is by now axiomatic in England and the United States that nearly all defendants in criminal cases have a right to representation. This right encompasses not just the opportunity to bring one's privately retained counsel to court, but also an irrebuttable claim by indigents to have the counsel's bill paid by the state or other public entity. The right to counsel is a broad right, entailing a principle of equality in which representation by counsel is independent of the defendant's ability to pay. In Israel, in contrast, the right to representation in criminal cases is significantly narrower.

The Necessity of Performance Measures for Prosecutors

2021 ◽  
pp. 226-258
Author(s):  
Lauren-Brooke Eisen ◽  
Miriam Aroni Krinsky
Keyword(s):  
Performance Measures ◽  
Performance Metrics ◽  
Mass Incarceration ◽  
The United States ◽  
New Wave ◽  
Criminal Cases ◽  
Critical Data ◽  
District Attorneys ◽  
The Right ◽  
Individual Line

Local prosecutors are responsible for 95 percent of criminal cases in the United States—their charging decisions holding enormous influence over the number of people incarcerated and the length of sentences served. Performance metrics are a tool that can align the vision of elected prosecutors with the tangible actions of their offices’ line attorneys. The right metrics can provide clarity to individual line attorneys around the mission of the office and the goals of their job. Historically, however, prosecutor offices have relied on evaluation metrics that incentivize individual attorneys to prioritize more punitive responses and volume-driven activity—such as tracking the number of cases processed, indictments, guilty pleas, convictions, and sentence lengths. Under these past approaches, funding, budgeting, and promotional decisions are frequently linked to regressive measures that fail to account for just results. As more Americans have embraced the need to end mass incarceration, a new wave of reform-minded district attorneys have won elections. To ensure they are accountable to the voters who elected them into office and achieve the changes they championed, they must align measures of success with new priorities for their offices. New performance metrics predicated on the goals of reducing incarceration and enhancing fairness can shrink prison and jail populations, while improving public trust and promoting healthier and safer communities. The authors propose a new set of metrics for elected prosecutors to consider in designing performance evaluations, both for their offices and for individual attorneys. The authors also suggest that for these new performance measures to effectively drive decarceration practices, they must be coupled with careful, thoughtful implementation and critical data-management infrastructure.

Essay I Primary Care and Public Health

2015 ◽  
pp. 26-27
Author(s):  
Julie K. Wood
Keyword(s):  
Public Health ◽  
Primary Care ◽  
Health Professionals ◽  
The United States ◽  
Federal Agencies ◽  
Community Members ◽  
Policy Makers ◽  
Public Health Professionals ◽  
Primary Care Clinicians ◽  
The Right

Drawing on the experiences of hundreds of public health and primary care clinicians from across the United States, this book explains why population health is receiving so much attention from policy makers in states and federal agencies, the practical steps that clinicians and public health professionals can take to work together to meet the needs of their community, signs that you are on the right track (or not) and how to sustain successes to the benefit of patients, community members, and the health care and public health teams that care for them.

Data and the Future of Public Health

2015 ◽  
pp. 305-310
Author(s):  
Jeffrey Engel
Keyword(s):  
Public Health ◽  
Primary Care ◽  
Health Professionals ◽  
The United States ◽  
Federal Agencies ◽  
Community Members ◽  
Policy Makers ◽  
Public Health Professionals ◽  
Primary Care Clinicians ◽  
The Right

Drawing on the experiences of hundreds of public health and primary care clinicians from across the United States, this book explains why population health is receiving so much attention from policy makers in states and federal agencies, the practical steps that clinicians and public health professionals can take to work together to meet the needs of their community, signs that you are on the right track (or not) and how to sustain successes to the benefit of patients, community members, and the health care and public health teams that care for them.

Partnering With Medicaid, Medicare, Public Health, and Primary Care to Improve Health Outcomes

2015 ◽  
pp. 195-206
Author(s):  
Sharon G. Moffatt ◽  
Monica Valdes Lupi ◽  
Kathleen Nolan
Keyword(s):  
Public Health ◽  
Primary Care ◽  
Health Professionals ◽  
The United States ◽  
Federal Agencies ◽  
Community Members ◽  
Policy Makers ◽  
Public Health Professionals ◽  
Primary Care Clinicians ◽  
The Right

Drawing on the experiences of hundreds of public health and primary care clinicians from across the United States, this book explains why population health is receiving so much attention from policy makers in states and federal agencies, the practical steps that clinicians and public health professionals can take to work together to meet the needs of their community, signs that you are on the right track (or not) and how to sustain successes to the benefit of patients, community members, and the health care and public health teams that care for them.

Community Health Assessments: Past, Present, and Future

2015 ◽  
pp. 167-179 ◽  
Author(s):  
Kevin Barnett ◽  
Sara Rosenbaum
Keyword(s):  
Public Health ◽  
Health Professionals ◽  
The United States ◽  
Federal Agencies ◽  
Community Members ◽  
Policy Makers ◽  
Public Health Professionals ◽  
Health Assessments ◽  
Primary Care Clinicians ◽  
The Right

Drawing on the experiences of hundreds of public health and primary care clinicians from across the United States, this book explains why population health is receiving so much attention from policy makers in states and federal agencies, the practical steps that clinicians and public health professionals can take to work together to meet the needs of their community, signs that you are on the right track (or not) and how to sustain successes to the benefit of patients, community members, and the health care and public health teams that care for them.

Challenges of Working Together

2015 ◽  
pp. 105-110
Author(s):  
Lara Snyder
Keyword(s):  
Public Health ◽  
Health Professionals ◽  
The United States ◽  
Federal Agencies ◽  
Community Members ◽  
Policy Makers ◽  
Public Health Professionals ◽  
Working Together ◽  
Primary Care Clinicians ◽  
The Right

Drawing on the experiences of hundreds of public health and primary care clinicians from across the United States, this book explains why population health is receiving so much attention from policy makers in states and federal agencies, the practical steps that clinicians and public health professionals can take to work together to meet the needs of their community, signs that you are on the right track (or not) and how to sustain successes to the benefit of patients, community members, and the health care and public health teams that care for them.

scholarly journals Counteraction to Miscarriage of Justice in Ukraine

2019 ◽  
Vol 2 (3) ◽  
pp. 96-105
Keyword(s):  
Law Enforcement ◽  
Criminal Law ◽  
Criminal Procedure ◽  
Point Of View ◽  
Criminal Proceedings ◽  
Criminal Cases ◽  
Criminal Proceeding ◽  
Specific Regulation ◽  
Miscarriage Of Justice

Investigation of crimes against justice in Ukraine is among topical problems of miscarriage of justice. Hundreds of criminal cases are recorded as a crime in the Official Register in Ukraine but only a few have been brought to the court. In this article we try to approach this problem in three ways: from the point of view of criminal law, criminal procedure and criminalistic measures of counteraction to miscarriage of justice. Such an approach helps to demonstrate problems of investigator, prosecutor and judge at different stages of criminal proceeding. Special attention is paid to specific regulation of the issues of criminal proceedings against a certain category of persons, including judges. Mistakes of representatives of law enforcement bodies become visible as a result of analyzing of real criminal cases. Such an analysis is aimed to disclose the problem of counteraction to miscarriage of justice in Ukraine.

scholarly journals ABUSE OF THE RIGHT AND JUDICIAL ERRORS IN THE EXERCISE OF DISCRETION BY THE JUDGE IN THE CONSIDERATION OF CRIMINAL CASES WITH THE CONSENT OF THE ACCUSED WITH THE CHARGE BROUGHT AGAINST HIM

2021 ◽  
Vol 31 (3) ◽  
pp. 459-472
Author(s):  
N.O. Mashinnikova
Keyword(s):  
Law Enforcement ◽  
Criminal Cases ◽  
Special Procedure ◽  
Judicial Proceedings ◽  
Judicial Errors ◽  
Definition Of ◽  
The Right ◽  
Exercise Of Discretion ◽  
Abuse Of Law ◽  
Miscarriage Of Justice

The article examines the categories of "abuse of law" and" miscarriage of justice", as well as the factors contributing to their occurrence, reveals the mechanism of occurrence of miscarriages of justice, the sources and causes of their occurrence. The author substantiates the claim that the defect of interest, as an aspect of law enforcement, causes the occurrence of abuse and can cause a miscarriage of justice. The main characteristics of a miscarriage of justice, as well as the signs that distinguish a miscarriage of justice from abuse, are revealed. The definition of "abuse of the right" is given, its properties and features are revealed. The article analyzes the peculiarities of committing judicial errors and abuses under a special procedure of judicial proceedings.

scholarly journals The Right to Interpretation and Translation in Criminal Proceedings – Challenges and Difficulties Stemming from the Implementation of the Directive 2010/64/EU

2019 ◽  
Vol 9 (2) ◽  
pp. 175-186
Author(s):  
Maciej Fingas
Keyword(s):  
Criminal Trial ◽  
Practical Implementation ◽  
Legal Counsel ◽  
Criminal Proceedings ◽  
Criminal Cases ◽  
Member States ◽  
Modern Europe ◽  
The Right

In modern Europe issues related to the obligation to ensure the right to fair criminal trial for persons who do not speak or understand the language of the criminal proceedings are still pressing. The article discusses main problems stemming from the implementation of Directive 2010/64/EU, especially issues connected with: the scope of and exceptions to the right to written translation of essential documents, the problem of translation of all procedural applications submitted by the accused himself in a language other than the language of the court, the obligation to make available interpretation during communication between the accused and his legal counsel under confidentiality conditions, and - last but not least - professional qualifications of interpreters and translators providing assistance in criminal cases. The article points out that the glaring discrepancies among Member States in the legal and practical implementation of the right to interpretation and translation may result in divergent procedural standard in individual cases, depending on the location of the criminal proceedings.

scholarly journals Working With Data

2015 ◽  
pp. 243-256
Author(s):  
Mina Silberberg ◽  
Denise Koo ◽  
Raymond J. King
Keyword(s):  
Public Health ◽  
Primary Care ◽  
Health Professionals ◽  
The United States ◽  
Federal Agencies ◽  
Community Members ◽  
Policy Makers ◽  
Public Health Professionals ◽  
Primary Care Clinicians ◽  
The Right

Drawing on the experiences of hundreds of public health and primary care clinicians from across the United States, this book explains why population health is receiving so much attention from policy makers in states and federal agencies, the practical steps that clinicians and public health professionals can take to work together to meet the needs of their community, signs that you are on the right track (or not) and how to sustain successes to the benefit of patients, community members, and the health care and public health teams that care for them.

Sign in / Sign up

Export Citation Format

Share Document