Conditional dismissal as an alternative to the traditional criminal proceedings in Israel

2021 ◽  
pp. 174889582110046
Author(s):  
Efrat Shoham ◽  
Eitan Nicotra
Keyword(s):  
Criminal Court ◽  
Court System ◽  
Criminal Proceedings ◽  
Administrative Procedure ◽  
District Attorneys ◽  
Bodily Injury ◽  
Significant Difference ◽  
Justice Model ◽  
Preliminary Study ◽  
Court Process

The overloaded court system, along with the increasing recognition of the harm inflicted upon offenders by the criminal court procedure, led, in 2013, to the enactment of a new criminal-administrative procedure, termed “conditional dismissals,” which diverts minor offenses from the courts to be settled by prosecution authorities. This preliminary study examines the profile of 1750 cases of conditional dismissals concluded by district attorneys and police prosecution division between 2016 and 2018 and whether some notions of the “restorative justice” model were implemented. The findings indicate that both district attorneys and police prosecution division had initial difficulties in implementing the notion of diverting cases from the criminal court process. Over half of the cases in both agencies were for bodily injury and property offenses. There is a significant difference regarding the majority of the dismissal terms between the district attorneys and the police prosecution division. The results further indicate that 4.5% of all dismissals contained only restorative stipulations (especially in sex offenses), and one-third contained restorative stipulations along with punitive stipulations. The findings also show that the district attorneys are more inclined to use restorative terms, while the police prosecution division is more inclined to use punitive terms. The article discusses the possible explanations for these findings and the significant differences in the application of restorative practice between the police prosecution division and the district attorneys.

scholarly journals Placing Juvenile Delinquents into Residential Correctional Schools

2019 ◽  
Vol 13 (5) ◽  
pp. 837-845
Author(s):  
Irina Smirnova ◽  
Vyacheslav Nikolyuk ◽  
Elena Markovicheva ◽  
Oksana Kachalova
Keyword(s):  
Juvenile Delinquents ◽  
Criminal Policy ◽  
Criminal Procedure ◽  
Criminal Court ◽  
Court System ◽  
Criminal Proceedings ◽  
Medical Problems ◽  
The Supreme Court ◽  
The Russian Federation ◽  
Correctional Schools

An integral part of modern criminal policy is criminal procedure policy regarding juvenile delinquents, aimed at resolving a criminal law conflict in the ways that are most beneficial for these persons and that lead to their re-integration in the society. The purpose of juvenile criminal proceedings is connected with special educational tasks and requires special procedures. In Russian criminal proceedings, the court can substitute criminal punishment with compulsory educational measures as part of such procedures. Russian system of compulsory educational measures is complicated, and a special place is held by the most severe sanction — directing a juvenile guilty of a grave crime or a crime of medium gravity into a special residential correctional school. The authors note that the legislation does not fully regulate the application of this sanction, which hinders its use by courts. They also present statistical data on the number of juveniles who the courts place into special residential correctional schools and analyze the reasons why this measure is seldom used. As there is no service of probation in Russia, the courts have no opportunity to find good solutions to the problems connected with a delinquent’s stay in a residential correctional school. The authors support the initiative of the Supreme Court of the Russian Federation to transfer these problems to the sphere of administrative court procedure, which should both benefit the court system and promote the rights of minors. They argue for the development of two strategic spheres of state criminal procedure policy for juveniles — that criminal court procedure should no longer deal with resolving socio-pedagogical, rehabilitation and medical problems of a juvenile's stay in a residential correctional school, and that there should be a detailed procedure for placing a juvenile into such an institution.

International legal immunities and privileges of the Рrosecutor amicus curiae

2020 ◽  
Vol 22 (3) ◽  
pp. 55-63
Author(s):  
EKATERINA A. KOPYLOVA ◽  
Keyword(s):  
Ad Hoc ◽  
International Criminal ◽  
Legal Regulation ◽  
Criminal Court ◽  
International Treaties ◽  
Amicus Curiae ◽  
Criminal Courts ◽  
Criminal Proceedings ◽  
International Criminal Tribunals ◽  
Foreign Science

The article considers the international legal regime of immunities and privileges of amicus curiae prosecutors of international criminal courts which are intended to ensure independent and unhindered performance of their functions in prosecuting crimes against the administration of justice. Due to the lack of doctrinal research in this field, whether in the domestic or foreign science of international law, the study is characterized by scientific novelty. Its empirical basis is constituted of the provisions of international treaties governing the immunities and privileges of staff of the ad hoc international criminal tribunals and the International Criminal Court. It is noted that today the state of international legal regulation of immunities and privileges of amicus curiae prosecutors is not quite satisfactory as it contains significant gaps. Two possible approaches to determining the scope of the immunities and privileges of amicus curiae prosecutors are identified: the first based on their status and the second – on the functions they perform. Their critical analysis leads to the conclusion that the functional approach is more in line with the principle of equality of arms in international criminal proceedings. As a result of its application, the scope of the immunities and privileges of amicus curiae prosecutors coincides with the scope of the immunities and privileges granted to staff of the Offices of Prosecutors at the international criminal tribunals.

scholarly journals Changes of Walking Activity During the First Cycle Phases of COVID-19 Pandemic: A Case Study of Seoul, Korea

2021 ◽  
pp. 193758672110265
Author(s):  
Youngjun Park ◽  
Haekwon Chung ◽  
Sohyun Park
Keyword(s):  
Public Health ◽  
Physical Inactivity ◽  
Voluntary Participation ◽  
Walking Activity ◽  
Significant Difference ◽  
Before And After ◽  
Acceleration And Deceleration ◽  
Preliminary Study ◽  
The Government

Aim: This study explores the changes in regular walking activities during the phases of the pandemic. Background: With the spread of COVID-19 transmission, people are refraining from going out, reducing their physical activity. In South Korea, COVID-19 broke out in the 4th week of 2020 and experienced the first cycle phases of the pandemic, such as outbreak, widespread, and decline. In response to the pandemic, the government encouraged voluntary participation in social distancing campaigns, and people reduced their outside activities. Methods: This article examines the decrease and increase of the Prevalence of Regular Walking (≥30 min of moderate walking a day, on ≥5 days a week) by the COVID-19 phases. This study is based on weekly walking data for 15 weeks in 2020, via the smartphone healthcare app, which is managed by 25 public health offices of the Seoul government. Results: According to the findings, the level of prevalence of regular walking (PRW) has a significant difference before and after the outbreak, and every interval of the four-stage COVID-19 phases, that is, pre-pandemic, initiation, acceleration, and deceleration. The level of PRW sharply decreased during initiation and acceleration intervals. In the deceleration interval of COVID-19, the PRW kept increasing, but it has not yet reached the same level as the previous year when the COVID-19 did not exist. Conclusions: As a preliminary study, this study explains empirically how COVID-19 changed PRW in Seoul. It would be helpful to enhance our understanding of the changes in physical inactivity in the pandemic period.

scholarly journals A preliminary study of bowel rest strategy in the management of Clostridioides difficile infection

2020 ◽  
Vol 10 (1) ◽  
Author(s):  
Hiroshi Sugimoto ◽  
Ayaka Yoshihara ◽  
Takao Yamamoto ◽  
Keisuke Sugimoto
Keyword(s):  
Secondary Outcome ◽  
Control Group ◽  
Matched Cohort ◽  
Full Cohort ◽  
Clostridioides Difficile ◽  
Significant Difference ◽  
All Cause Mortality ◽  
Clostridioides Difficile Infection ◽  
Bowel Rest ◽  
Preliminary Study

AbstractClostridioides difficile infection (CDI) is an important nosocomial infection and is the leading cause of infectious diarrhea in hospitalized patients. We aimed to assess the effect of bowel rest on the management of CDI. A single-center retrospective cohort study was conducted. The primary outcome was the composite of the all-cause mortality and CDI recurrence within 30 days. The main secondary outcome was switching from metronidazole to vancomycin. Of the 91 patients with CDI enrolled as the full cohort, 63 patients (69%) and 28 patients (31%) constituted the control group and the bowel rest group, respectively. After one-to-one propensity score matching, a total of 46 patients were included as the matched cohort. In the full cohort, the composite outcome occurred in 19.0% and 14.3% of the patients in the control and the bowel rest group, respectively (p = 0.768). In the matched cohort, it was 17.4% in each group. Although there was no statistically significant difference, the trend of switching was lower in the bowel rest group. The bowel rest may not affect the all-cause mortality and CDI recurrence within 30 days. However, in those prescribed bowel rest, switching from metronidazole to vancomycin may reduce.

The Activity of Lawyers in the International Criminal Court: Theoretical and Practical Aspects

2021 ◽  
Vol 8 (3) ◽  
pp. 67-72
Author(s):  
Daria A. Sedova
Keyword(s):  
World War Ii ◽  
International Law ◽  
International Criminal Court ◽  
International Criminal ◽  
World Order ◽  
Criminal Court ◽  
Criminal Proceedings ◽  
Or Groups ◽  
The Status ◽  
Entire History

In the entire history of mankind, a large number of acts of violence and aggression have been committed. Over the past 50 years alone, there have been more than 400 interstate and intrastate conflicts that have claimed the lives of millions of people. Increasingly, there has been an urgent need to protect the violated rights of individuals. The idea of creating a single international body for the protection of human rights has been discussed more than once. For the first time, the idea of creating an international judicial body was expressed in 1948 by the UN General Assembly after the Nuremberg and Tokyo trials at the end of World War II, which issue has been discussed at the United Nations ever since. However, efforts to create such a mechanism have not been successful, despite the need for a permanent criminal court to prosecute and punish those who commit the most serious crimes. In 1998, this idea was realized. The International Criminal Court (ICC) has sought ways to establish a world order with a fair resolution of conflicts. It has long been recognized, the verdict of the Nuremberg Tribunal noted, that international law imposes duties and obligations on specific individuals as well as on the state. [] Crimes against international law are committed by people, not by abstract categories, and only by punishing individuals who commit such crimes can the provisions of international law be respected. To date, the ICC is successfully coping with the task of punishing those persons or groups of persons who have committed the international crimes listed in the Rome Statute. It would seem that the balance between good and evil has been found. The crime has been committed and the criminal punished. But it is important to note that the procedural issues have not been resolved as well as that of punishing criminals. An urgent matter today is the status of defenders of the accused in international criminal proceedings. This question requires not only a doctrinal, but also a practical understanding.

CONCERNING THE STRUCTURE OF PUBLIC LEGAL INTEREST IN CRIMINAL COURT PROCEEDINGS

2021 ◽  
pp. 26-30
Author(s):  
Алексей Викторович Дашин ◽  
Петр Михайлович Малин ◽  
Алексей Васильевич Пивень
Keyword(s):  
Preventive Measures ◽  
Criminal Court ◽  
Public Authority ◽  
Criminal Proceedings ◽  
Criminal Process ◽  
The Public ◽  
House Arrest ◽  
Legitimate Interest ◽  
Court Proceedings ◽  
Constituent Elements

В статье анализируется структура публичного законного интереса в уголовном судопроизводстве, входящих в него элементов на примере института домашнего ареста. Авторская модель публичного законного интереса участников уголовного процесса «привязана» к стадийности и может распространяться не только на вопросы, связанные с мерами пресечения. По мнению авторов, публичный законный интерес в контексте рассматриваемой проблемы воплощается в жизнь на основе нормативно установленного действия, содержащего конкретно сформулированные правила, устанавливающие четко определенные права и обязанности участников правоотношений. Данная деятельность сопряжена с определенными этапами (стадиями), которые в той или иной степени характерны соответствующей мере пресечения, и возможна в той стадии, где осуществляется оценка действий, предпринятых должностным лицом, осуществляющим производство по уголовному делу. Реализация публичного законного интереса, заявленного следователем, дознавателем на избрание домашнего ареста, зависит от того, как соответствующие устремления оценят другие должностные лица - руководитель следственного органа, прокурор (не обладающие правами реализации публичного законного интереса), то есть от их усмотрения. Законодатель не предоставляет следователю, дознавателю возможность «непосредственно» обратиться в суд - участнику процесса, наделенному правом реализовать их устремление на избрание меры пресечения. Подобные «преграды» не предусмотрены в законе для иных участников уголовного процесса, не наделенных публичной властью и стремящихся реализовать свой законный интерес. The article analyzes the structure of public legitimate interest in criminal proceedings, its constituent elements on the example of the institution of house arrest. The author's model of the public legitimate interest of participants in the criminal process is «tied» to the stage and can extend not only to issues related to preventive measures. According to the authors, public legitimate interest in the context of the problem under consideration is brought to life on the basis of a normatively established action containing specifically formulated rules establishing clearly defined rights and obligations of participants in legal relations. This activity is associated with certain phases (stages) that are more or less characteristic of the corresponding measure of restraint, and is possible at the stage where the actions taken by the official conducting the criminal proceedings are evaluated. The realization of the public legitimate interest declared by the investigator, the investigating officer for the election of house arrest depends on how the relevant intentions will be evaluated by other officials - the head of the investigative body, the prosecutor (who do not have the rights to realize the public legitimate interest), i.e. on their discretion. The legislator does not give the investigator, the inquirer the opportunity to turn «directly» to the court - a participant in the process, entitled to realize their intentions for the election of measures of restrain. Such «barriers» are not provided in the law for other participants in the criminal process who are not endowed with public authority and who seek to realize their legitimate interest.

The Victim – a Great Actor in a Minor Role? – A Comparative Perspective

2021 ◽  
Vol 11 (1) ◽  
pp. 112-128
Author(s):  
Łukasz Duśko ◽  
Mateusz Szurman
Keyword(s):  
Social Order ◽  
American English ◽  
Active Role ◽  
Criminal Court ◽  
Minor Role ◽  
Criminal Proceedings ◽  
The One ◽  
A Minor ◽  
To Receive

Recently, the role of the victim in criminal proceedings became more significant. An observation was made that the legal interests of the victim are much more severely affected by the crime than the collective legal interests in the form of public or social order. However, the differences in the rights the victim is vested with differ substantively between particular countries. The authors present the position of the victim in American, English and French law. The solutions provided for in these systems are confronted with legal regulations adopted in Poland, i.e. the home country of the authors. It shows, surprisingly, that the role of the victim in criminal proceedings has evolved somehow independently of the implementation of the concept of restitution. On the one hand, there are legal systems in which the criminal court may order the offender to pay compensation for the damage caused, but the role of the victim still remains marginal. On the other hand, there are systems in which the victim is not only entitled to receive restitution, but he or she also has significant powers which enable him or her to play an active role in the criminal proceedings.

scholarly journals Let’s find the evidence: An analogue study of confirmation bias in criminal investigations

2017 ◽  
Author(s):  
Anita Eerland ◽  
Eric Rassin
Keyword(s):  
Police Officers ◽  
Confirmation Bias ◽  
Initial Assessment ◽  
Criminal Proceedings ◽  
Case File ◽  
District Attorneys ◽  
Tunnel Vision ◽  
Analogue Study ◽  
Alternative Scenarios ◽  
Selection Of

People involved in criminal proceedings (e.g. police officers, district attorneys, judges, and jury members) may run the risk of developing confirmation bias, or tunnel vision. That is, these parties may readily become convinced that the suspect is guilty, and may then no longer be open to alternative scenarios in which the suspect is actually innocent. This may be reflected in a preference for guilt-confirming investigation endeavours, as opposed to investigations that are aimed at confirming, or even excluding, alternative scenarios. In three studies, participants read a case file, and were subsequently instructed to select additional police investigations. Some of these additional endeavours were guilt- confirming (i.e. incriminating), whereas others were disconfirming (i.e. exonerating). Results suggest that additional investigation search was guided by an initial assessment of the suspect’s guilt (Study 1). Furthermore, participants’ tendency to select incriminat- ing investigations increased with increased crime severity, and with the strength of the evidence present in the case file. Finally, the selection of incriminating investigations was associated with conviction rates (Study 3). However, in general, participants did not favour incriminating endeavours. That is, in the three studies, the percentages of selected incriminating endeavours did hardly or not exceed 50%.

scholarly journals The Role of Maternal Progesterone and Estradiol Levels in Predicting the Success of Induction of Labour: A Preliminary Study

2019 ◽  
pp. 126-129
Author(s):  
Kanadi Sumapraja ◽  
Hilda R Badruddin
Keyword(s):  
Cross Sectional Study ◽  
Induction Of Labour ◽  
Health Clinic ◽  
Cross Sectional ◽  
Induction Group ◽  
Significant Difference ◽  
Preliminary Study ◽  
Larger Sample ◽  
Estradiol Levels

Objective: to evaluate whether maternal progesterone and estradiol levels could be used to predictthe success ofinduction of labour (IOL) Methods:This cross-sectional study was conducted at the Women’s Health Clinic as well as delivery suite of Dr. Cipto Mangunkusumo Hospital during the period of May 2016 to April 2017. Blood samples of term pregnant women who were indicated for IOL wereobtainedbefore birth. Results:A total 44 subject were recruited in this study.Of these, 24 subjects had successful IOL while the other 20 subjects had IOL failure. There was no significant difference of progesterone among both groups (66,7% vs 75%, p=0,55). The estradiol levels in subjects who successfully performed induction had an average of 16,916.28 ± 2,574.75 pg/mL which did not differ significantly from the failed of induction group with estradiol levels of 14,832.24 ± 2374.47 pg/mL (p = 0,65). Conclusion:We found no significant association between both maternal progesterone and estradiol levels and the success rate of IOL. Further studies with larger sample sizes are required to confirm whether progesterone and estradiol play pivotal roles in the success of IOL. Keywords: progesterone, estradiol, induction of labour   Tujuan: mengevaluasi kadar progesteron dan estradiol ibu sebagai prediktor kesuksesan induksi persalinan Metode: Penelitian ini menggunakan desain potong lintang yang berlangsung pada bulan Mei 2016 hingga April 2017 di Poliklinik dan IGD Kebidanan Rumah Sakit Umum Pusat Rujukan Nasional Cipto Mangunkusumo. Pasien hamil aterm yang dilakukan induksi persalinan dan memenuhi kriteria penelitian akan diambil sampel darah sebelum persalinan. Hasil: Dari 44 subjek yang mengikuti penelitian, 24 subjek berhasil dilakukan induksi persalinan dan 20 subjek gagal.Tidakterdapatperbedaanbermaknapadakadarprogesterone Antarakeduagrup(66,7% vs 75%, p=0,55). Kadar estradiol padapasien yang berhasildilakukaninduksimemiliki rata-rata 16.916,28 + 2.574,75pg/mL yang tidakberbedajauhdengankadar estradiol pasien yang gagalinduksiyaitu 14.832,24 + 2374,47pg/mL (p = 0,65). Kesimpulan: Tidakterdapat perbedaan bermakna antara kadar progesteron dan estradiol maternal terhadap keberhasilan induksi persalinan. Penelitian lebih lanjut dengan jumlah sampel yang lebih besar dibutuhkan untuk mengkonfirmasi hubungan ini dengan lebih baik. Kata kunci: progesteron, estradiol, induksi persalinan

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