9. Trial by judge and jury

2021 ◽  
pp. 431-478
Author(s):  
Lucy Welsh ◽  
Layla Skinns ◽  
Andrew Sanders

This chapter discusses how cases are processed in the Crown courts and trial by jury. It discusses the role and powers of the judge in relation to the management of cases, trial process and outcomes. It also discusses the jury system and how jury composition affects perceptions of the fairness and legitimacy of jury trial. Research about the impact of jury composition and juror attitudes on verdicts is discussed. The chapter goes on to consider whether key evidential rules unduly favour the defence or prosecution and attempts to further erode the practical significance of jury trial through the use of judge-only trials.

Legal Studies ◽  
2010 ◽  
Vol 30 (1) ◽  
pp. 74-97 ◽  
Author(s):  
Louise Ellison ◽  
Vanessa E Munro

In England and Wales, trial by jury is typically reserved for more serious offences and is by no means the norm of criminal prosecution. Despite this, the jury continues to hold enormous symbolic and practical significance. In a context in which research with ‘real’ juries is prohibited, this paper outlines the findings of a mock study in which members of the public deliberated towards a unanimous verdict, having observed an abbreviated rape trial reconstruction. It reflects on the structural processes (including the use of narrative, the presence of a foreperson and group/inter-personal dynamics) that framed the tone and direction of discussions. In so doing, it generates insight into what may go on behind the closed doors of the jury room in rape cases and – more broadly – highlights the ways in which differently composed juries, when faced with the same scenario, may reach divergent verdicts or embark on radically different routes to reach the same destination. In addition, it explores the extent to which participants, having been directed on appropriate legal tests and burdens of proof, were able to understand and apply these standards; and it reflects on the implications of this in terms of future improvement of the jury trial process, both in rape cases and beyond.


Author(s):  
Rafael Komiljonov

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.


Water ◽  
2021 ◽  
Vol 13 (11) ◽  
pp. 1540
Author(s):  
Qianqian Ji ◽  
Zhe Gao ◽  
Xingyao Li ◽  
Jian’en Gao ◽  
Gen’guang Zhang ◽  
...  

The Loess Hilly–Gully region (LHGR) is the most serious soil erosion area in the world. For the small watershed with high management in this area, the scientific problem that has been paid attention to in recent years is the impact of the land consolidation project on the erosion environment in the gully region. In this study, the 3D simulation method of vegetation, eroded sediment and pollutant transport was innovated based on the principles of erosion sediment dynamics and similarity theory, and the impacts of GLCP were analyzed on the erosion environment at different scales. The verification results show that the design method and the scale conversion relationship (geometric scale: λl = 100) were reasonable and could simulate the transport process on the complex underlying surface of a small watershed. Compared with untreated watersheds, a significant change was the current flood peak lagging behind the sediment peak. There were two important critical values of GLCP impact on the erosion environment. The erosion transport in HMSW had no change when the proportion was less than 0.85%, and increased obviously when it was greater than 3.3%. The above results have important theoretical and practical significance for watershed simulation and land-use management in HMSW.


2020 ◽  
Vol 12 (4) ◽  
pp. 1578 ◽  
Author(s):  
Hongxia Sun ◽  
Yao Wan ◽  
Huirong Lv

Exhaust pollution and energy crises are worsening worldwide. China has become the largest motor vehicle producer; thus, promoting the use of new energy vehicles (NEVs) in China has important practical significance. In this paper, considering the limited rationality of governments, NEV enterprises and consumers, we study the subsidy policy of the China NEV market using the evolutionary game and system dynamics (SD) methods. First, a tripartite evolutionary game model is developed and the replicator dynamics equations and Jacobian matrix are obtained. A SD simulation of the model was conducted to further clarify the impact of the initial market proportion and three variables used in the model. The results show that the initial market proportion affects the evolution speed but does not affect the evolution result when the three group players all choose a mixed strategy. For governments, they should not hastily cancel price subsidies provided to consumers; rather, they should dynamically adjust the rate of the subsidy decrease and increase the consumers’ extra cost for purchasing fuel vehicles (FVs). NEV enterprises should appropriately increase their investments in the research and development (R&D) of NEVs.


2011 ◽  
Vol 52 (1) ◽  
pp. 85-104 ◽  
Author(s):  
ROGER GOCKING

ABSTRACTIn keeping with the law in place in the Colony of Ashanti in 1928, Dr Benjamin Knowles was tried and convicted for the murder of his wife without the benefit of a jury trial or the assistance of legal counsel. His trial and sentencing to death created outrage in both colonial Ghana and the metropole, and placed a spotlight on the adjudication of capital crimes in the colony. Inevitably, there were calls for reform of a system that could condemn an English government official to death without the benefit of the right to trial by a jury of his peers and counsel of his choice. Shortly after the Knowles trial, the colonial government did open up Ashanti to lawyers, and introduced other changes in the administration of criminal justice, but continued to refuse the introduction of jury trial. Nevertheless, the lasting impact of the Knowles trial was to make criminal adjudication in Ashanti, if anything, more lenient than the other area of colonial Ghana, the Gold Coast Colony.


2017 ◽  
Vol 47 (3) ◽  
pp. 628-649 ◽  
Author(s):  
Mark R. Joslyn ◽  
Steven M. Sylvester

In this article, we examine the individual predictors that are responsible for accurate beliefs about the link between vaccinations and autism. We then show how these beliefs affect policy preferences about vaccines. We derive two hypotheses from motivated reasoning theory and test these on national survey data from Gallup and CBS News. Republicans were less likely to report accurate beliefs than Democrats. In addition, educational attainment modified the impact of party identification. The gap between Republicans and Democrats in likelihood of reporting accurate beliefs was largest among the most educated portion of the public. Finally, we show that accurate beliefs about vaccines, independent of statistical controls, are important predictors of policy attitudes about unvaccinated children attending public school and parental choice about the decision to vaccinate. We discuss the theoretical and practical significance of these findings.


2021 ◽  
pp. 54-59
Author(s):  
E.I. Huseinova ◽  

The goal of the research is the specification of the effect of international mobility of labor resources on the social-economic development of a country, as well as the impact on the GDP volume. The main purpose set in the investigation is the study of international experience of the problem solution. Another goal of the research work is the international mobility of labor resources in conditions of national economy. The methods of analysis, grouping and analogy were used in the investigation. In the research work carried out by the author, the properties of international mobility of labor resources were commented, the factors and reasons of their occurrence specified as well. The analysis has been conducted and the system of effect mobility of labor resources on GDP growth in some countries and their impact on the state of labor market developed. Due to the research surveys, the reasons for development of international mobility of labor resources and direction of labor migration streams in Azerbaijan have been identified. The impact of international mobility of labor resources on social-economic development has been evaluated. Positive and negative impact of international mobility of labor resources on social-economic development of Azerbaijan, as well as setting measures on migrant admission as contributing country in case of negative effect have been specified in the innovation of research. Practical significance of the investigation lies in the regulation of international mobility of labor resources, introduction with experience of difference countries by the system of statistical figures and formation of their resources, grouping and using the data for problem solution in our country.


Ekonomika APK ◽  
2021 ◽  
Vol 321 (7) ◽  
pp. 16-27
Author(s):  
Mykola Pugachov ◽  
Olha Khodakivska ◽  
Oleksandr Shpykuliak ◽  
Nataliia Patyka ◽  
Olena Hryschenko

The purpose of the article is to carry out an analytical assessing the impact of the COVID-19 pandemic on the level of food security in Ukraine. Research methods. The research was based on general scientific and economic methods, the creative heritage of the founders of economic science, publications of Ukrainian and foreign scientists on the impact of quarantine restrictions related to the spread of the COVID-19 pandemic on the level of food security of the country, regulatory legal acts, data from the State Statistics Service of Ukraine, electronic resources and other sources. The monographic approach is used to analyze the dynamics of the actual consumption of agri-food products and the level of food independence for individual agri-food products. Normative and positive approaches are used to highlight real risks and threats to food security. A number of techniques of abstract-logical tools made it possible to make a scientific and applied generalization of the material presented, to formulate intermediate and final conclusions and proposals. Research results. An analytical assessing the impact of the COVID-19 pandemic on the consumption of agri-food products and the level of food independence for individual agri-food products has been carried out. It has been proven that Ukraine produces enough food to ensure healthy nutrition for citizens. It has been determined that due to the low purchasing power of the population, groups of citizens with low incomes have limited access to essential agricultural and food products. In the medium and long term, there will be a shortage of food resources and global food inflation, the situation in agricultural markets will remain unstable, and trade will continue to develop under the influence of not only competition, but also political factors. Scientific novelty. The theoretical and methodological provisions, scientific, methodological and practical approaches to determining the factors of influence of quarantine measures and the spread of COVID-19 to the level of food security of the state have been substantiated. Assessing the impact of quarantine measures and the spread of COVID-19 on food security made it possible to identify the main risks of ensuring the country's food security. Practical significance. The applied aspects of the study can be taken into account in the formation of programs for the socio-economic development of the agri-food sector of Ukraine, which will increase the effectiveness of state initiatives aimed at ensuring food security of the state and increase the country's readiness for force majeure threats. Tabl.: 7. Figs.: 3. Refs.: 17.


2021 ◽  
Vol 27 (6) ◽  
pp. 101-106
Author(s):  
М. Falaleev ◽  
◽  
N. Sitdikova ◽  
Е. Nechay ◽  
◽  
...  

The development of digital technologies, coupled with progress in the development of self-learning programs based on AI (Artificial Intelligence), has obvious advantages in improving the effectiveness of information impact on people around the world. During the 2010s, researchers have documented trends in the use of artificial intelligence for the construction and distribution of media content to indirectly manipulate political discourse at the national and global levels. Special interest in the context of this issue is how the rapid development of AI technologies affects political communication. The object of consideration within the framework of this article is the deepfake technology. Based on this, as a subject, the authors define deepfake as a phenomenon of modern political communication. Accordingly, the purpose of the study is to describe and predict the impact of deepfake technology on political communication at the global and national levels. The paper presents the definition of deepfake, assesses its characteristics depending on the methods and purposes of its distribution, and analyzes the prospects for using this tool to influence political discourse in modern Russia. To study the subject field of the research, methods of systematizing theoretical data, classification, analysis of a set of factors and forecasting have been applied. The practical significance of the work is presented by the authors’ definition and typology of the phenomenon of deepfake and describes its significance as a factor of political communication on the example of a particular country. The results of the work will be useful for researchers studying the problems of digitalization of the media space and modern means of disinformation in politics, both at the local and global levels


Ekonomika APK ◽  
2021 ◽  
Vol 316 (2) ◽  
pp. 15-25
Author(s):  
Dmytro Zherlitsyn ◽  
Andrii Skrypnyk ◽  
Nataliia Klymenko ◽  
Kateryna Tuzhyk

The purpose of the article is to determine with the help of econometric and optimization methods the priority strategies of agrarian business in the field of crop production and to compare with the existing leaders in the use of innovations in the field of crop production. Research methods. The study is based on the use of econometric analysis methods to build trends in grain yield dynamics in leading countries in the use of innovative agricultural technologies and optimization methods for the study of dominant strategies used by agricultural enterprises in crop production. Research results. As a result of using the declining marginal grain yield depending on the amount of costs, which are determined by the cost of importing technology per 1 ha, the optimal cost values for both maximum yield and maximum profit. It is shown that at certain time intervals the costs of farmers were excessively high not only in terms of profit optimization but also to optimize yields. It is assumed that taking into account the latest innovation trends, agribusiness will move to a strategy of profit maximization Scientific novelty. As a result of econometric analysis it is shown that the use as a target function of yield leads to a significant increase in the variability of this indicator, while a moderate increase in yield is accompanied by significantly less variability. Quantitative indicators of the impact of climate risks on grain yields in Ukraine have been obtained, which explain approximately 50% of the variance in the grain yield indicator in Ukraine. Practical significance. It is shown that the representation of marginal yield in the form of a decreasing linear function is confirmed in practice. Further research, which in the presence of detailed information on the production processes of individual enterprises can be conducted by panel regression (observation points are spaced in space and time), can provide a more detailed picture of the efficiency of individual production components in their areas of interaction. Tabl.: 4. Figs.: 3. Refs.: 19.


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