The Case for Reasoned Criminal Trial Verdicts

2009 ◽  
Vol 22 (2) ◽  
pp. 313-330
Author(s):  
Richard L. Lippke
Keyword(s):  
Political Power ◽  
Criminal Trial ◽  
Criminal Cases ◽  
The Right ◽  
Procedural Rights ◽  
Equal Concern ◽  
The Way

Discussion in the paper focuses on instituting a requirement that juries in criminal cases make public the reasons for their verdicts. The nature of such a requirement is elaborated, as is the way in which defects in the reasons provided might serve as a basis for appealing convictions. Various arguments for adopting such a requirement are considered, as are objections to doing so. In support of the requirement, I contend that it would enable defendants in criminal cases to ensure that their procedural rights have been respected. Such a requirement can also be construed as a condition of the legitimacy of exercises of political power and as an implication of the right of each person to be treated with equal concern and respect. The main objections to such a requirement concern its possible interference with jury independence and the complications and inefficiencies appeals of reasoned verdicts would produce.

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 Przedstawiciel społeczny w transparentnym procesie karnym

2017 ◽  
Vol 69 (0) ◽  
pp. 21-37
Author(s):  
Paweł Czarnecki
Keyword(s):  
Criminal Proceedings ◽  
Criminal Cases ◽  
The Public ◽  
Advantages And Disadvantages ◽  
Community Organisation ◽  
Administration Of Justice ◽  
Protection Of Human Rights ◽  
Court Proceedings ◽  
The Right ◽  
Procedural Rights

The article analyses the rights and duties of a social representative in criminal proceedings (article 90 Code of Criminal Procedure). Participation in court proceedings may be declared, before the commencement of judicial examination, by a representative of a community organisation, if there is a need to defend a social interest or an important individual interest within the statutory purposes of such an organisation, especially in matters pertaining to the protection of human rights and freedoms. The representative of a community organisation who has been admitted to participate in court proceedings may participate in the trial, express their points of view and make statements in writing. The court shall admit a representative of a community organisation if it finds this to be in the interests of justice. This person shall not be allowed to ask questions to person questioned by the court, he has no right to make a complaint with the court, can`t submit motions for evidence and are not entitled to participate in a session or in an investigation. The author emphasizes the importance of participation by the citizenry in the administration of justice principle and the right to a fair and public hearing of his case. In article they were also discussed old draft bills in the position of social representative in criminal cases, and in particular the advantages and disadvantages of amending article 90 c.c.p. Amendment of 10 June 2016. The author argues that the changing of position will not increase the participation of the public in the proceedings, because the legislature did not admit procedural rights.

Abortion and the Right to Life in the International Bibliography

2015 ◽  
pp. 151-184
Author(s):  
Despina A. Tziola
Keyword(s):  
International Law ◽  
Political Power ◽  
Women's Status ◽  
Right To Life ◽  
Controversial Subject ◽  
Women’S Status ◽  
14Th Amendment ◽  
The Right ◽  
Roe V Wade ◽  
The Way

In this chapter, the authors examine abortion and the right to life in the international bibliography. The touchstone of our discussion is the landmark decision, Roe v Wade, which relied on the 14th Amendment. However, society's view on abortion is not clear, as it depends on many different factors and reasons. Abortion has been a controversial subject in many societies through history because of the moral, ethical, practical, and political power issues that surround it. However, abortions continue to be common in many areas where they are illegal. Today, they are more than mere words. “Soft” international law has also been found determinative in discerning the content of the 14th Amendment. However, the way a country deals with abortion is highly symbolic of women's status and how it treats women generally.

The adaptation of design thinking in auditing

2019 ◽  
Vol 2 (1) ◽  
Author(s):  
Linda MEIJER-WASSENAAR ◽  
Diny VAN EST
Keyword(s):  
The Netherlands ◽  
Design Thinking ◽  
Public Organizations ◽  
Design Framework ◽  
The Right ◽  
The Way

How can a supreme audit institution (SAI) use design thinking in auditing? SAIs audit the way taxpayers’ money is collected and spent. Adding design thinking to their activities is not to be taken lightly. SAIs independently check whether public organizations have done the right things in the right way, but the organizations might not be willing to act upon a SAI’s recommendations. Can you imagine the role of design in audits? In this paper we share our experiences of some design approaches in the work of one SAI: the Netherlands Court of Audit (NCA). Design thinking needs to be adapted (Dorst, 2015a) before it can be used by SAIs such as the NCA in order to reflect their independent, autonomous status. To dive deeper into design thinking, Buchanan’s design framework (2015) and different ways of reasoning (Dorst, 2015b) are used to explore how design thinking can be adapted for audits.

Memories for the Return? Remembering the Nakba by the First Generation of Palestinian Refugees in Syria

2017 ◽  
Vol 16 (2) ◽  
pp. 177-192 ◽  
Author(s):  
Anaheed Al-Hardan
Keyword(s):  
First Generation ◽  
Palestinian Refugees ◽  
Oslo Accords ◽  
Right Of Return ◽  
Palestinian Refugee ◽  
Temporal And Spatial ◽  
The Right ◽  
Political Realities ◽  
The Way

The 1948 Nakba has, in light of the 1993 Oslo Accords and Palestinian refugee activists' mobilisation around the right of return, taken on a new-found centrality and importance in Palestinian refugee communities. Closely-related to this, members of the ‘Generation of Palestine’, the only individuals who can recollect Nakba memories, have come to be seen as the guardians of memories that are eventually to reclaim the homeland. These historical, social and political realities are deeply rooted in the ways in which the few remaining members of the generation of Palestine recollect 1948. Moreover, as members of communities that were destroyed in Palestine, and whose common and temporal and spatial frameworks were non-linearly constituted anew in Syria, one of the multiples meanings of the Nakba today can be found in the way the refugee communities perceive and define this generation.

Bantuan Hukum Cuma-Cuma Bagi Tersangka yang Tidak Mampu Pada Tingkat Penyidikan

2020 ◽  
Vol 19 (2) ◽  
Author(s):  
Rio Saputra ◽  
Mokhammad Najih
Keyword(s):  
Secondary Data ◽  
Primary Data ◽  
Legal Aid ◽  
Criminal Cases ◽  
Legal Research ◽  
Factors Affecting ◽  
Legal Structure ◽  
Procedure Code ◽  
Study Techniques ◽  
The Right

<p><em>Suspects have the right to obtain legal assistance, especially for suspects who are classified as economically disadvantaged in accordance with Article 56 of the Criminal Procedure Code (KUHAP). The facts show that there are many irregularities in the implementation of legal aid, therefore it is necessary to know about the implementation of free legal aid for suspects who are incapacitated at the level of investigation and the factors that become obstacles in the implementation of legal aid. This legal research is an empirical legal research and this research is descriptive in nature. The data used are primary data and secondary data. The techniques used to collect data were document study techniques and interview techniques. Inhibiting factors affecting the implementation of free legal aid for suspects who are unable at the level of investigation can be classified and differentiated into 3 factors, namely, legal substance, legal structure, and legal culture).</em></p><p><strong><em>Keywords: </em></strong><em>Legal Aid, Criminal Cases</em></p>

Comparative Views on the Right to Vote in International Law

2018 ◽  
Author(s):  
Shai Dothan
Keyword(s):  
Human Rights ◽  
International Law ◽  
National Courts ◽  
European Court ◽  
Right To Vote ◽  
The Right ◽  
Democratic Elections ◽  
The Way

There is a consensus about the existence of an international right to vote in democratic elections. Yet states disagree about the limits of this right when it comes to the case of prisoners’ disenfranchisement. Some states allow all prisoners to vote, some disenfranchise all prisoners, and others allow only some prisoners to vote. This chapter argues that national courts view the international right to vote in three fundamentally different ways: some view it as an inalienable right that cannot be taken away, some view it merely as a privilege that doesn’t belong to the citizens, and others view it as a revocable right that can be taken away under certain conditions. The differences in the way states conceive the right to vote imply that attempts by the European Court of Human Rights to follow the policies of the majority of European states by using the Emerging Consensus doctrine are problematic.

Normative Concepts

2017 ◽  
Author(s):  
Matti Eklund
Keyword(s):  
Positive Answer ◽  
Thick Concepts ◽  
Normative Concepts ◽  
The Right ◽  
The Way

What is it for a concept to be normative? Some possible answers are explored and rejected, among them that a concept is normative if it ascribes a normative property. The positive answer defended is that a concept is normative if it is in the right way associated with a normative use. Among issues discussed along the way are the nature of analyticity, and there being a notion of analyticity—what I call semantic analyticity—such that a statement can be analytic in this sense while failing to be true. Considerations regarding thick concepts and slurs are brought to bear on the issues that come up.

The Inviolability of Diplomatic Agents in the Context of Employment

2017 ◽  
Author(s):  
Lisa Rodgers
Keyword(s):  
Human Rights ◽  
Fair Trial ◽  
European Convention ◽  
Employment Contracts ◽  
Domestic Servants ◽  
Recent Developments ◽  
Diplomatic Immunity ◽  
The Right ◽  
The Way

‘Ordinary’ employment contracts—including those of domestic servants—have been deemed to attract diplomatic immunity because they fall within the scope of diplomatic functions. This chapter highlights the potential for conflict between these forms of immunity and the rights of the employees, and reflects on cases in which personal servants of diplomatic agents have challenged both the existence of immunity and the scope of its application. The chapter examines claims that the exercise of diplomatic immunity might violate the right to a fair trial under Article 6 of the European Convention on Human Rights and the way in which courts have dealt with these issues. The chapter analyses diplomats’ own employment claims and notes that they are usually blocked by the assertion of immunity, but also reflects on more recent developments in which claims had been considered which were incidental to diplomatic employment (eg Nigeria v Ogbonna [2012]).

Procedural Fairness

2017 ◽  
Author(s):  
T. M. Scanlon
Keyword(s):  
Affirmative Action ◽  
Economic Status ◽  
Procedural Fairness ◽  
Equality Of Opportunity ◽  
Moral Basis ◽  
Equal Concern ◽  
The Way

Equality of opportunity requires that individuals should be selected for positions of advantage on the basis of relevant qualifications and that the ability to acquire these qualifications should not depend on the economic status of a person’s family. This chapter offers an institutional account of the moral basis of the first of these requirements. This account presupposes that positions of advantage are justified by the benefits they produce when they are held by individuals with the relevant abilities. The notion of ability relevant to considerations of procedural fairness therefore depends on the aims that justify the institution in question and on the way it is organized to promote these aims. The chapter relates this idea of fairness to the ideas of equal concern and non-discrimination and discusses the implications of procedural fairness for affirmative action.

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