scholarly journals DNA as ‘ready-made evidence’: An analysis of Portuguese judges’ views

2021 ◽  
pp. 136571272110703
Author(s):  
Susana Costa
Keyword(s):  
Justice System ◽  
Critical Assessment ◽  
Public Prosecution ◽  
The Public ◽  
Scientific Authority ◽  
Probative Value ◽  
Dna Evidence ◽  
Chain Of Custody ◽  
Biological Evidence

The introduction of biological evidence in judicial settings raises particular modes of entanglement between professional cultures and perceptions of the probative value of evidence. When DNA evidence reaches court, it also challenges the perceived margins of critical assessment of the work and understandings of previous links in the chain of custody, like the criminal police, forensic experts and the public prosecution services. Given the apparent neutrality of judicial institutions, how do Portuguese judges perceive and value biological evidence? And how do judges see their articulation with other operators of the criminal justice system? An analysis of 14 interviews carried out with Portuguese judges reveals the challenges in the evaluation of biological evidence, which is characterised as a ‘safe haven’, grounded as it is on an indisputable scientific authority. The suggestion of the presence of a cultural rift emerges, which, taken with the work of other epistemic cultures, leads to biological evidence being seen as ‘ready-made evidence’ on its arrival in court, thus limiting the role of judges in its appraisal.

Management of DNA evidence collected on adolescents in sexual assault investigations: A 10-year review from a large Italian rape centre

2019 ◽  
Vol 59 (4) ◽  
pp. 232-239 ◽  
Author(s):  
Andrea Piccinini ◽  
Giulia Vignali ◽  
Paolo Bailo ◽  
Giussy Barbara ◽  
Giuseppe Gennari ◽  
...  
Keyword(s):  
Sexual Assault ◽  
Sexual Violence ◽  
Female Adolescent ◽  
Female Victims ◽  
Dna Evidence ◽  
Dna Analyses ◽  
Chain Of Custody ◽  
Relevant Role ◽  
Biological Evidence ◽  
Assault Victims

Little research is available on the actual forensic use of genetic analyses performed in sexual violence cases, despite their relevant role in legal processes. The present retrospective study aimed to contribute to filling this gap in research, evaluating the actual number of serological/DNA analyses that followed medical examination of female adolescent victims of sexual violence. The study was performed in a large rape centre in Milan (North Italy) by analysing all medical records of female victims of sexual violence aged 13–19 years in the period from January 2006 to December 2015. The total number of sexual assault victims examined aged 13–19 years was 599. In 473 of the cases, biological evidence had been collected. The gathering of biological evidence was accurately performed (double swab technique) in multiple anatomical regions on the victims’ bodies, and clothes were acquired when biological stains were present or could be present. Proper handling under chain of custody for all the items collected followed in every case. Despite all of this, serological/DNA analyses were requested in only 9/473 (1.9%) cases. Procedural issues possibly affecting the magistrates’ decisions not to use DNA extensively as an investigative tool are also discussed.

The Protection of the Accused from Miscarriage of Justice

1997 ◽  
Vol 31 (1-3) ◽  
pp. 590-611
Author(s):  
A.A.S. Zuckerman
Keyword(s):  
Criminal Justice ◽  
Criminal Justice System ◽  
Small Proportion ◽  
Justice System ◽  
Criminal Responsibility ◽  
Criminal Trial ◽  
Large Measure ◽  
The Public ◽  
Miscarriage Of Justice

The criminal trial system is regarded as standing at the pinnacle of the state's machinery for dealing with crime. But the courts deal with only a small proportion of crimes committed. Their function is more indirect: to express societal disapproval through a public and somewhat theatrical show. This is not to denigrate the role of the courts or dismiss it as futile. The criminal trial does have important functions in the development of norms for criminal responsibility and in fostering respect for the law. But its success in this regard hinges on the extent to which it is perceived as a just and effective method for dealing with those charged with crime. Put crudely, the success of the criminal justice system turns in large measure in the success of the show it puts on. But theatre is good only for as long as it is able to carry the audience with it, which, in the case of the courts, this means as long as the public is prepared to accept their verdicts at face value.

scholarly journals WINNING AT ALL COSTS TOO COSTLY S v Rozani; Rozani v Director of Public Prosecutions, Western Cape 2009 1 SACR 540 (C)

Obiter ◽  
2021 ◽  
Vol 31 (3) ◽  
Author(s):  
Suhayfa Bhamjee
Keyword(s):  
Justice System ◽  
The State ◽  
Public Prosecutor ◽  
Western Cape ◽  
Criminal Courts ◽  
The Public ◽  
Pro Bono ◽  
Just Society ◽  
General Standard

The role of the public prosecutor is one to be respected. Members of society expect to enjoy lives free of violence, theft and other criminal violation; in return, they surrender the exercise of “vengeance” and vigilantism to the state. The public prosecutor (inter alia) is entrusted with the duty of ensuring that justice is served in bringing transgressors to book. The public prosecutor thus has the onerous task of ensuring that the rights of victims are served and given a voice, but at the same time doing so in a manner which upholds the basic tenets of a free, fair and just society. The duty and role of the defence attorney (state appointed or otherwise) ismuch the same. He or she is expected also to serve justice by giving his or her client (paying or pro bono) the best service and defence he or she is capable of. Obviously, this does not mean conjuring up or “manifesting” a defence. But he or she must, at the very least, prevent his or her client from pleading guilty to an offence where one was not committed. The recent decision in Rozani (2009 1 SACR 540 (C)) makes it evident that the fulfilment of such goals and ideals is not easy. The legal profession has gained a rather dubious reputation, attracting epithets such as “con-artist”, “shyster”, “opportunist” and “shark”, amongst others. The perception that individuals join the profession only to make a “quick buck” has stuck and the case at hand certainly seems to show this, reflecting not only a callous disregard for justice, but also what is blatant incompetence on the part of both the prosecutor and the defence attorney. Reading the facts of the matter, one wonders about the general standard of lawyers entering the profession – one cannot but marvel at the farcical aspect of the facts in Rozani. The main objective of practitioners within a criminal justice system should not be to win at all costs, but rather to ensure that justice is served. The facts leading up to the review in Rozani reflect the prosecutor’s need to chalk up wins and the defence attorney’s need to meet fee targets at whatever cost. The decision and remarks from the bench form a sobering commentary on the state of the criminal courts and the pursuit of justice in South Africa. While the level of crime in this country bolsters the need to convict criminals, this provides no excuse for disregarding the basic tenets of justice.

scholarly journals Peranan Advokat Dalam Pembelaan Hukum terhadap Terdakwa Korupsi di Pengadilan Tindak Pidana Korupsi pada Pengadilan Negeri Samarinda (Tinjauan Etika Profesi Hukum)

2019 ◽  
Vol 11 (2) ◽  
pp. 188
Author(s):  
Jaidun Jaidun
Keyword(s):  
Law Enforcement ◽  
Justice System ◽  
Code Of Ethics ◽  
Legal Profession ◽  
Deterrent Effect ◽  
Legal Norms ◽  
The Public ◽  
Legal Provisions ◽  
The Republic

Smart and faithful people will never argue, that the State of the Republic of Indonesia is falling apart, debts mounting, to the point of reaching Rp. 4,000 (Four Thousand) Trillion is due to the crime of corruption that has taken root, curbed, thrived as if allowed to happen continuously. While law enforcement in this country does not provide a judicial verdict that has a deterrent effect for corruptors. It is difficult to understand in general, whether the legal verdict for corruption perpetrators by the Panel of Judges who hear and decide the case of corruption is influenced by the interference of fellow law enforcers ..., in this case, Advocates and Public Prosecutors (Prosecutors). Decisions of Corruption Courts often cause disparity in decisions, resulting in speculation from the public and assessing such decisions as being disproportionate and giving rise to public assumptions of a conspiracy between law enforcers, namely with several categories of interests, including: (1) The interests of the Prosecutor and Judges are in the interest of getting bribes (2) Advocates as law enforcers who accompany the defendant in defence of the interests of the accused by dirty and disgusting bribes. The role of advocates is very important in creating and maintaining a clean, authoritative and civilized justice system for the realization of the legal authority in this country.Thus, legal advocates must have faith and devotion to God strong and sturdy table and must dare to appear clean and first cleanse themselves from dirty thoughts in the midst of carrying out the legal profession, so that the noble profession is not polluted into contempt resulting from violation of legal norms and professional code of ethics by advocates. Based on the outputs achieved in this research program, namely the willingness and bottomlessness of the Advocates in defending the interests of the defendant must comply with the provisions of the applicable laws and regulations and uphold the Code of Ethics Procession.The analysis of this paper shows that lawyers have made a legal defence of corruption defendants in a professional manner in accordance with applicable legal provisions and upholds the code of ethics of the legal profession, even though there is also information about an advocate who is trying to bribe one of the Corruption Crimes judges in a case. which is being handled by the Advocate concerned. The description of the results of this survey is expected to be used as input and advice that can help realize the Court's decision which has a deterrent effect on corruptors and potential corruptors in the future.  

scholarly journals The courtroom as TV studio: the case of the Oscar Pistorius trial

2018 ◽  
Vol 14 (4) ◽  
pp. 493-503
Author(s):  
Dikgang Moseneke
Keyword(s):  
South Africa ◽  
Social Media ◽  
Justice System ◽  
Television Channel ◽  
Media Report ◽  
The Public ◽  
Media Attention ◽  
The Media ◽  
Court Proceedings

AbstractIn 2014, something happened that changed how the media report on court proceedings in South Africa. The Oscar Pistorius trial proceedings attracted much media attention. International journalists flocked into South Africa in droves. Our newspapers, our televisions, our radios, even our Facebook feeds were flooded with information. An entire twenty-four-hour television channel was created with the sole purpose of televising, and then discussing, the proceedings. Everything about the trial – the judge's rulings, the witnesses who gave evidence and especially the verdict – clogged social-media newsfeeds on laptops and other devices for months on end. This has changed irreversibly the manner in which the media and the justice system in South Africa converge. Through a focus on the debates in and out of the courtroom that the Pistorius trial generated, this paper explores the intersection between the judicial function, the media and the public. It was an important moment in post-apartheid South Africa, ushering in a new way of making and distributing judicial images to the public and thereby bringing into being new ways for the media and the public to access and assess the adjudicative role of judges.

19. Ombudsmen

2016 ◽  
Author(s):  
Mark Elliott ◽  
Jason Varuhas
Keyword(s):  
Public Sector ◽  
Judicial Review ◽  
Justice System ◽  
The Public ◽  
System P ◽  
The Uk ◽  
Administrative Justice

This chapter examines the role of the ombudsmen in the administrative justice system. It first traces the origins of the ‘public sector ombudsmen’, including the Parliamentary Ombudsman, in the UK. It then considers the need for and the functions of the ombudsmen, along with the place of the ombudsmen in a changing administrative landscape. It also discusses bodies and matters subject to investigation by the Ombudsman based on the Parliamentary Commissioner Act 1967, including ‘maladministration’, and the Ombudsman's discretion to investigate. Finally, the chapter reviews the conduct and consequences of the Ombudsman's investigations, paying attention to judicial review of the ombudsmen's conclusions, and institutional matters pertaining to the ombudsman system.

Shared Practice, Learning, and Goals between Police and Young People: A Qualitative Analysis of the National Volunteer Police Cadets

2020 ◽  
Author(s):  
Jeffrey DeMarco ◽  
Antonia Bifulco
Keyword(s):  
Criminal Justice ◽  
Young People ◽  
Qualitative Analysis ◽  
Police Officers ◽  
Justice System ◽  
Shared Vision ◽  
Individual Development ◽  
The Public ◽  
Shared Practice

Abstract Engaging all members of the public is of paramount importance to British policing. This assists with demystifying the role of police in society, and also providing a shared vision and partnership between communities and the criminal justice system. The National VPC programme provides the opportunity to achieve this, recruiting diverse young people into a structured programme led by a range of police officers and staff. A series of focus groups were conducted across the country with both cadets and adult leaders to explore the benefits of the cadet programme for both groups—those relevant to policing but also more widely for community cohesion and individual development. Although the benefits to policing were clearly articulated, a range of strengths to the programme were also identified.

scholarly journals Reducing the Gap Between the Ambitious Goals and Practical Reality of Animal Welfare Law Enforcement: A Review of the Enforcement Gap in Australia

2019 ◽  
Author(s):  
Rochelle Morton ◽  
Michelle L. Hebart ◽  
Alexandra L. Whittaker
Keyword(s):  
Public Education ◽  
Law Enforcement ◽  
Animal Welfare ◽  
Justice System ◽  
Charitable Organizations ◽  
The Public ◽  
Animal Law ◽  
Practical Reality ◽  
The Impact

Enforcement of animal welfare statutes are the primary protection given for the maintenance of animal welfare and prevention of cruelty. It is speculated that animal law enforcement in Australia has a number of weakness in the enforcement model. These weaknesses create a gap between the goals of animal law enforcement and the reality of the animal law justice system. This gap is defined as the ‘enforcement gap’. This paper identifies and investigates the causes of this gap. The hypothesized causes discussed are (1) the impact the public can have on reporting animal cruelty, (2) the reliance on charitable organizations as enforcement bodies, (3) the inconsistencies in animal welfare legislation, and (4) the role of the sentencing courts. Thus, the causes of the enforcement gap are multifactorial; derived from all stages of the enforcement process. Further research is needed to investigate the concepts raised in this paper. However, it is likely that a combination of structural change to enforcement agencies, legislative reform and public education is required to reduce the enforcement gap.

scholarly journals THE ROLE OF PROSECUTOR OFFICE IN THE ERADICATION OF CORRUPTION CRIMINAL ACTS IN INDONESIA

2017 ◽  
Vol 4 (2) ◽  
pp. 244
Author(s):  
Sri Endah Wahyuningsih ◽  
Agus Sunaryo
Keyword(s):  
Data Collection ◽  
Research Method ◽  
Attorney General ◽  
Public Prosecutor ◽  
Police Agency ◽  
Public Prosecution ◽  
The Public ◽  
Public Prosecution Service ◽  
The Republic

In fact, there are still many cases of corruption that have not been revealed; this resulted in the public to be pessimistic with the seriousness of the Prosecutor Office in uncovering variouscases of corruption that are happening today. The purpose of this study is to know the role ofthe Prosecutor Office in the eradication of criminal acts, to obtain an overview of the mechanismof corruption handling by prosecutors in Indonesia and to analyze the obstacles and solutionsin eradicating crime in the Attorney General. The research method was sociological juridical,and data collection were gained by using observation and interview. The existence and role ofthe Public Prosecution Service in eradicating corruption crime begins when the case has notbeen transferred to the Court until the execution of the decision of the Court. However, in thecriminal act of corruption the Prosecutor’s Office has the authority as a public prosecutor aswell as an investigator. The authority of the prosecutor as a special criminal investigator shall beregulated by Law Number 16 Year 2004 regarding the Attorney of the Republic of Indonesia inArticle 30 paragraph (1) letter d. In addition, in its role against the eradication of corruption, theProsecutor’s Office has always conducted a coordination relationship with the Police Agency andthe Corruption Eradication Commission. The mechanism for handling corruption in the AttorneyGeneral Office, through several procedures already set out in the law includes Investigation,Investigation and Prosecution.

scholarly journals Impactos das políticas educacionais no cotidiano das escolas públicas e o plano nacional de educação

2016 ◽  
Vol 3 (5) ◽  
pp. 102
Author(s):  
Luiz Antonio Miguel Ferreira ◽  
Flávia Maria De Barros Nogueira
Keyword(s):  
Public Affairs ◽  
Public Prosecution ◽  
Daily Lives ◽  
National Education ◽  
The Public ◽  
Politica Publica ◽  
Education Participation ◽  
Relationship Of ◽  
The Relationship

<p>Este artigo analisa a relação do Plano Nacional de Educação com a escola, em especial, os reflexos que produz como políticas públicas em seu cotidiano. Também analisa a questão de sua judicialidade e suas consequências. Aborda o papel do Ministério Público como protagonista de ações que busquem a concretização dos planos, com a fiscalização dos prazos previstos, das metas, das estratégias e dos direitos assegurados. Com a constatação da falha, a negociação articulada e/ou a indução para a efetivação de política pública específica deve ser o caminho a seguir. O trabalho enfatiza que a participação de todos redunda do modelo democrático assumido pelo País e previsto constitucionalmente. Entretanto, essa participação tem outro efeito: o princípio do pertencimento da coisa pública.</p><p> </p><p><strong>ABSTRACT</strong></p><p> </p><p>This article analyzes the relationship of the National Education Plan with the school, especially the reflexes that produces as public policies in their daily lives. It also examines the question of its judicialidade and its consequences. Addresses the role of the public prosecution as the protagonist of actions that seek to achieve the plans, with the supervision of deadlines, goals, strategies and guaranteed rights. With a finding of failure to articulate negotiation and / or induction to the execution of specific public policy should be the way forward. It emphasizes that the participation of all redounds to the democratic model assumed by the country and set out constitutionally. But this participation has another effect: the principle of public affairs belonging.</p><p><strong>Keywords</strong>: Educational policies. Right to Education. Legalization of Education. Participation.</p><p> </p>

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