scholarly journals An Investigation of Competency to Participate in Legal Proceedings in Canada

1997 ◽  
Vol 42 (8) ◽  
pp. 869-875 ◽  
Author(s):  
Karen E Whittemore ◽  
James RP Ogloff ◽  
Ronald Roesch
Keyword(s):  
Legal Issues ◽  
Criminal Proceedings ◽  
Guilty Plea ◽  
Specific Approach ◽  
Legal Proceedings ◽  
Fitness To Stand Trial ◽  
Individual Measure ◽  
Trial Competency ◽  
The Individual ◽  
Competency Assessments

Objective: To assess fitness to stand trial, competency to plead guilty, and competency to understand Charter cautions to determine if the level of competency varies across these domains. Methods: The Fitness Interview Test-Revised (FIT-R) and the Test of Charter Comprehension (ToCC) were administered to a group of individuals held on remand for fitness evaluations. Additionally, several questions from the FIT-R that address the ability to make a guilty plea were assessed separately and constituted an individual measure of competency to plead guilty (CoP). Results: As predicted, the results indicated that the fact that an individual is competent at one juncture in the criminal proceedings does not mean that the individual necessarily is competent at all other stages of the proceedings. Conclusions: These findings suggest a need for a stage-specific approach to forensic competency assessments, requiring specialized instruments designed to assess the legal issues of competency at the various stages of legal proceedings.

PROBLEM ASPECTS OF THE IMPLEMENTATION OF CRIMINAL PROCEDURAL NORMS OF PROTECTION OF THE VICTIMS FROM CRIME

2020 ◽  
pp. 72-76
Author(s):  
Яна Валерьевна Самиулина
Keyword(s):  
Preventive Measure ◽  
Criminal Procedure ◽  
Legal Rights ◽  
Criminal Proceedings ◽  
Effective Mechanism ◽  
The Russian Federation ◽  
The Individual ◽  
The Right ◽  
To Receive ◽  
Selection Of

В настоящей статье предпринята попытка исследовать отдельные проблемные аспекты института потерпевшего в российском уголовном процессе. В этих целях подвергнуты анализу правовые нормы, регламентирующие его процессуальный статус. Раскрываются отдельные пробелы уголовно-процессуального законодательства в сфере защиты законных прав и интересов потерпевшего. Автор акцентирует внимание на том, что совершенствование уголовно-процессуального законодательства в части расширения правомочий потерпевшего по отстаиванию своих нарушенных преступлением прав следует продолжить. На основании проведенного исследования действующего законодательства в части регламентации прав потерпевшего от преступления предлагается расширить перечень получаемых им копий постановлений, указанных в п. 13 ч. 2 ст. 42 УПК РФ. Автор предлагает включить в перечень указанной законодательной нормы право получения потерпевшим копии постановления об избрании конкретного вида меры пресечения, избранного в отношении подозреваемого (обвиняемого). Для создания действенного механизма защиты интересов потерпевших от преступления юридических лиц предлагаем ч. 9 ст. 42 УПК РФ изложить в следующей редакции: «в случае признания потерпевшим юридического лица его процессуальное право в уголовном процессе осуществляет представляющий его профессиональный адвокат». This article attempts to investigate certain problematic aspects of the institution of the victim in the Russian criminal process. For this purpose, analyzed the individual norms governing his procedural status. Separate gaps of the criminal procedure legislation in the sphere of protection of the legal rights and interests of the victim are disclosed. The author emphasizes that the improvement of the criminal procedure legislation in terms of the extension of the victim’s authority to defend his rights violated by the crime should be continued. On the basis of the study of the current legislation regarding the regulation of the rights of the victim of a crime, it is proposed to expand the list of decisions received by him, referred to in paragraph 13, part 2 of article 42 Code of Criminal Procedure. The author proposes to include in the list of the indicated legislative norm the right to receive the victim a copy of the decision on the selection of a specific type of preventive measure, selected in relation to the suspect (accused). To create an effective mechanism for protecting the interests of legal entities victims of a crime, we offer part 9 of art. 42 of the Code of Criminal Procedure of the Russian Federation shall be reworded as follows: «if a legal entity is recognized as a victim, his procedural right in criminal proceedings is exercised by the professional lawyer representing him».

The First Pinochet Case: Immunity of a Former Head of State

1999 ◽  
Vol 48 (1) ◽  
pp. 207-216 ◽  
Author(s):  
Colin Warbrick ◽  
Dominic McGoldrick ◽  
Hazel Fox
Keyword(s):  
Criminal Liability ◽  
Sovereign Power ◽  
Criminal Proceedings ◽  
State Immunity ◽  
Head Of State ◽  
House Of Lords ◽  
Civil Proceedings ◽  
Protection Of Human Rights ◽  
The Individual ◽  
Reversal Of Fortune

The case of Pinochet has aroused enormous interest, both political and legal. The spectacle of the General, whose regime sent so many to their deaths, himself under arrest and standing trial has stirred the hopes of the oppressed. His reversal of fortune, loss of liberty with a policeman, on the door, has been heralded by organisations for the protection of human rights as one small step on the long road to justice. For lawyers generally, the House of Lords' majority decision of 1998 that General Pinochet enjoyed no immunity signalled a shift from a State-centred order of things.1 It suggested that the process of restriction of State immunity, so effectively begun with the removal of commercial transactions from its protection, might now extend some way into the field of criminal proceedings. And it further posed the intriguing question whether an act categorised as within the exercise of sovereign power, so as to relieve the individual official of liability in civil proceedings, may at the same time, as well as subsequent to his retirement, attract parallel personal criminal liability.

DEFINITIONS OF CATEGORIES PURPOSE AND TASKS OF CRIMINAL PROCEEDINGS IN THE MODERN CRIMINAL PROCESS

2018 ◽  
Author(s):  
Svitlana Patiuк ◽  
Keyword(s):  
Criminal Procedure ◽  
The State ◽  
Modern Theory ◽  
Criminal Proceedings ◽  
Criminal Process ◽  
Legal Norms ◽  
State Changes ◽  
The Individual ◽  
Goals And Objectives ◽  
Functional Purpose

"Definitions of categories, the goal and objectives of criminal proceedings in modern criminal proceedings" analysed the legal norms and provisions of doctrinal concepts to determine the goals and objectives of criminal proceedings. The author formulated conclusions and generalizations that since criminal proceedings are a sphere of state activity, it depends on the direction of the political course of the state, changes in state policy, which always leads to a change in the ideology of the criminal process as a whole, including the transformation of goals and objectives criminal proceedings. The purpose and objectives of criminal proceedings depend on the historical form of the criminal process, a common feature of which is the ratio of freedom (interests) of the individual and the state, expressed in the procedural position of the main participants in the process. Criminal procedure legislation and doctrine define the resolution of a dispute (conflict) between the state and the accused arising as a result of the commission of a crime as the goal of the criminal process in most countries in which the adversarial nature of criminal proceedings prevails. As the goal of criminal proceedings in the modern theory of criminal procedure, it is proposed to consider the protection of the individual, society and the state from criminal offences in the settlement of criminal-legal conflicts arising as a result of these offences. The goal in the criminal process determines the setting of tasks and represents the ultimate conclusion from the sum of all the tasks being implemented. The task of criminal proceedings should be determined taking into account the functional purpose of the subjects of criminal proceedings, and therefore the task is the fulfilment of his duty by a participant in criminal proceedings, which is determined by his functional purpose, based on the principle of competition of the parties.

Features of Proof in Criminal Cases Against Minors

2021 ◽  
pp. 104-111
Author(s):  
N. Yu. Borzunova ◽  
K. L. Maksimova ◽  
O. S. Matorina
Keyword(s):  
Life Experience ◽  
Criminal Proceedings ◽  
Criminal Cases ◽  
Specific Nature ◽  
Legal Proceedings

The article deals with the specific features of the procedure of legal proceedings in cases involving minors. Thus, one of the grounds for differentiating criminal proceedings according to this criterion of cases is the underage age of persons who have committed a socially dangerous act. This is primarily due to the age characteristics of these individuals, who are characterized by great impressionability, lack of sufficient life experience and solid knowledge, immaturity of thinking, instability of the psyche and increased emotionality, increased suggestibility and auto-suggestion, a tendency to fantasy and imitation. Their will is not yet strong enough, and their character is not yet fully formed. In connection with the above, there is a specific nature of the circumstances to be proved in this category of criminal cases, which is analyzed in the article. The authors ‘opinions on the expanded subject of evidence in criminal cases against minors are presented. Proposals were made to improve the legislation.

Bußgeldrechtliche Sanktionierung juristischer Personen im neuen Marktmissbrauchsrecht

2021 ◽  
Author(s):  
Ann-Kristin Reinartz
Keyword(s):  
Financial Market ◽  
Legal Issues ◽  
European Level ◽  
Central Object ◽  
Corporate Group ◽  
Market Abuse ◽  
Principle Of Proportionality ◽  
The Individual ◽  
Financial Market Crisis

The main cause of the financial market crisis was the lack of effective and deterrent sanctions for market abuse and the inadequate enforcement of these sanctions. The European legislator has addressed this shortcoming by massively tightening sanctions – especially fines against legal persons. The thesis examines new legal issues that arise in particular from the increasing regulatory density at the European level. The central object of investigation is the tension between the need for deterrent sanctions and the preservation of the principle of proportionality as well as other constitutional principles at the level of the individual company as well as the level of the corporate group.

scholarly journals Historical aspects of development of the institution of legal assistance between states in criminal matters in the Republic of Azerbaijan

2021 ◽  
pp. 48-60
Author(s):  
Matanat Pasha Askerova
Keyword(s):  
Intergovernmental Relations ◽  
Legal Assistance ◽  
Criminal Proceedings ◽  
Mutual Legal Assistance ◽  
Legal Proceedings ◽  
Bilateral Agreements ◽  
Administration Of Justice ◽  
Legislative Framework ◽  
The Republic ◽  
Criminal Matters

The subject of this research is the historical-legal grounds of rendering mutual legal assistance in the Republic of Azerbaijan. Research methodology is comprised of formal-legal, comparative-legal, and historical-legal methods. Normative framework is formed by the Constitution, provisions of the criminal procedure legislation and laws, international acts acceded by the Republic of Azerbaijan, which regulate mutual legal assistance issues. Objective: to develop proposals for improving the Institute of mutual legal Assistance. assistance in criminal matters based on the historical experience in this field. The research results are as follows: mutual legal assistance has evolved from elementary extradition of fugitive serfs, one-time provision of diplomatic assistance to institutionalized legal assistance based on multilateral and bilateral agreements; from the absence of  legislative framework to codification; from inclusion of separate norms on certain aspects of the agreement on friendly relations, peace, cooperation or even submission to conclusion of special bilateral agreements. The acquired results can be implemented in intergovernmental relations regulation of rendering mutual legal assistance in criminal matters. The novelty of this research consists in consideration of legal assistance based on the historical-normative acts of the Republic of Azerbaijan. The following conclusions were made: in some historical periods, legal assistance included such institutions as the presence of state representative of the accused in administration of justice against a foreigner, unconditional extradition of criminals who committed grave crime, stiff punishment of those reluctant to peace, elimination from jurisdiction of certain criminals, transfer of prosecution, etc. can still be currently used to regulate or improve the institution of legal assistance in criminal matters, including reasonable terms for submitting court requests. For example, a reasonable term for criminal proceedings is one of the guarantees of effective legal proceedings, the violation of which also entails an infringement of such a fundamental right to fairness of proceedings.

scholarly journals A Call for Compassion and Culture Change for Addicted Doctors

2020 ◽  
Vol 7 (1) ◽  
pp. 20
Author(s):  
Patricia Dobkin
Keyword(s):  
Legal Issues ◽  
Health Programs ◽  
Medical Culture ◽  
Addiction Recovery ◽  
Real Patient ◽  
Code Of Silence ◽  
Physician Health ◽  
Ethical And Legal Issues ◽  
Reflective Questions ◽  
The Individual

There is a code of silence regarding addicted doctors in medicine. While the doctor is minimizing or denying the problem, often her or his co-workers look the other way. Colleagues may be concerned but hold back from “denouncing” one of their own. Yet, ethical and legal issues are real. Patient care may be compromised. This presentation will engage listeners by asking several reflective questions. The 4 C’s of addiction will be reviewed. Signs of addiction will be enumerated. Why doctors become entangled in substances will be examined. Is addiction different from burnout? If so, how? The adverse consequences of addiction will be reviewed. How can compassion be offered for a problem that triggers blame and shame?Impaired doctors are usually referred to Physician Health Programs. What do they offer? Can the Buddhist view of addiction contribute to Western therapies? Addiction recovery will be examined through a mindfulness lens.This, however, still puts the onus on the individual who struggles with addiction. What about the medical culture may contribute to the problem? Can this be changed? If so, how? Addicted doctors are not alone, and the problem is more than personal. Rather than simply review the literature, this presentation will engage the audience so that the taboo of addiction can be tackled. It is intended to break the silence such that upon return to work, participants may notice a colleague who shows signs of addiction and then open their hearts to offer support.

scholarly journals General intelligence disentangled via a generality metric for natural and artificial intelligence

2021 ◽  
Vol 11 (1) ◽  
Author(s):  
José Hernández-Orallo ◽  
Bao Sheng Loe ◽  
Lucy Cheke ◽  
Fernando Martínez-Plumed ◽  
Seán Ó hÉigeartaigh
Keyword(s):  
Task Difficulty ◽  
Population Level ◽  
Limited Resources ◽  
General Intelligence ◽  
Individual Level ◽  
Cognitive Efficiency ◽  
Comprehensive Performance ◽  
Individual Measure ◽  
Level Of Difficulty ◽  
The Individual

AbstractSuccess in all sorts of situations is the most classical interpretation of general intelligence. Under limited resources, however, the capability of an agent must necessarily be limited too, and generality needs to be understood as comprehensive performance up to a level of difficulty. The degree of generality then refers to the way an agent’s capability is distributed as a function of task difficulty. This dissects the notion of general intelligence into two non-populational measures, generality and capability, which we apply to individuals and groups of humans, other animals and AI systems, on several cognitive and perceptual tests. Our results indicate that generality and capability can decouple at the individual level: very specialised agents can show high capability and vice versa. The metrics also decouple at the population level, and we rarely see diminishing returns in generality for those groups of high capability. We relate the individual measure of generality to traditional notions of general intelligence and cognitive efficiency in humans, collectives, non-human animals and machines. The choice of the difficulty function now plays a prominent role in this new conception of generality, which brings a quantitative tool for shedding light on long-standing questions about the evolution of general intelligence and the evaluation of progress in Artificial General Intelligence.

scholarly journals Neurolaw in Australia: The use of neuroscience in Australian criminal proceedings

2018 ◽  
Author(s):  
Armin Alimardani ◽  
Jason Chin
Keyword(s):  
Systematic Review ◽  
Common Sense ◽  
Criminal Courts ◽  
Criminal Proceedings ◽  
Criminal Cases ◽  
Fitness To Stand Trial ◽  
Objective Evidence ◽  
The Mind

Recent research has detailed the use of neuroscience in several jurisdictions, but Australia remains a notable omission. To fill this substantial void we performed a systematic review of neuroscience in Australian criminal cases. The first section of this article reports the results of our review by detailing the purposes for which neuroscience is admitted into Australian criminal courts. We found that neuroscience is being admitted pre-trial (as evidence of fitness to stand trial), at trial (to support the defence of insanity and substantial impairment of the mind), and during sentencing. In the second section, we evaluate these applications. We generally found that courts admit neuroscience cautiously, and to supplement more well-established forms of evidence. Still, we found some instances in which the court seemed to misunderstand the neuroscience. These cases ranged from interpreting neuroscience as “objective” evidence to admitting neuroscience when the same non-neuroscientific psychiatric evidence would be inadmissible for being common sense. Furthermore, in some cases, neuroscientific evidence presents a double-edged sword; it may serve to either aggravate or mitigate a sentence. Thus, the decision about whether or not to tender this evidence is risky.

scholarly journals On the Implementation of the Captains of the Vessels of Powers of Bodies of Inquiry

2020 ◽  
pp. 80-82
Author(s):  
Andrey Mikhailovich Dolgov
Keyword(s):  
Public Relations ◽  
Criminal Procedure ◽  
Criminal Proceedings ◽  
Legal Proceedings ◽  
Stage Of Development ◽  
Foreign Countries ◽  
Communication Links ◽  
The Republic ◽  
The Impact ◽  
Current Stage

The paper deals with the implementation of such a principle of criminal procedure as the adversarial nature of the parties, in relation to the modern con-ditions of digitalization of legal proceedings. The relevance of this topic is explained by the fact that the current stage of development of public relations, characterized by the significant digitalization of communication links, in turn, is reflected in changes in legislation in General, and criminal proceedings in particular. At the same time, competition is one of the fundamental principles of this branch of law, the application of which should also be reflected in changes in legislation. In the course of the work, the criminal procedure norms regulating these issues, statistical data on the work of courts of General ju-risdiction, opinions and positions of leading proce-dural scientists in Russia and foreign countries (the Republic of Kazakhstan, Germany) were examined. As a result of the conducted research, the conclu-sion is made about the impact of the development of digitalization of criminal proceedings on the prac-tical application of the principle of adversarial par-ties.

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