scholarly journals Οι νευροεπιστήμες στις ψυχιατρικές πραγματογνωμοσύνες: ευρήματα από ομάδες εστίασης

Bioethica ◽  
2019 ◽  
Vol 5 (1) ◽  
pp. 46
Author(s):  
Γεωργία Μάρθα Γκότση (Georgia Martha Gotsi)
Keyword(s):  
Criminal Law ◽  
Forensic Psychiatry ◽  
Interaction Process ◽  
Scientific Field ◽  
Criminal Courts ◽  
Criminal Proceedings ◽  
Criminal Trials ◽  
Major Interest ◽  
The Us ◽  
The Way

Neuroscience is a rapidly growing scientific field, whose recent findings gain major interest in the field of criminal law and forensic psychiatry. Neuroscientific evidence is increasingly being used in criminal trials as part of psychiatric testimony, particularly in the US, but also in Europe.This article presents the findings of an empirical study with focus groups involving judges, lawyers, psychiatrists and neurologists, aiming to examine through a focus group interaction process, the use of neuroscientific data in psychiatric testimony from the perspective of all the actors involved in the criminal proceedings. In particular, the study aims to examine the way that neuroscientific evidence would likely be used by lawyers, the way that this evidence is perceived and interpreted by judges, as well as the opinion of psychiatrists - experts and neuroscientists concerning the usefulness, effectiveness and limitations of neurosciences’ use in criminal courts, especially in relation with the assessment of guilt and the assessment of the recidivism risk posed by an offender.

Cicero's Law

2016 ◽  
Keyword(s):  
Criminal Courts ◽  
Criminal Trials ◽  
Apparent Contradiction ◽  
Legal Realism ◽  
Rhetorical Strategy ◽  
The Way

Why did Roman prosecutors typically accuse the defendant of multiple crimina, when in most standing criminal courts the punishment imposed on a guilty defendant was the same (typically “capital,” that is, a kind of exile), no matter how many charges were proven? The answer lies not in a failure to distinguish between legal charges leveled at the defendant and defamation of his character, but rather in a rhetorical strategy that made sense in light of what was legally necessary to obtain a conviction. The greater the number of charges, the more likely the jurors would be persuaded that the defendant had in some way violated the statute according to which the trial was being conducted. It is true that prosecutors typically argued that the defendant’s prior conduct made it plausible that he had committed the crimes with which he was charged, but in a way that, as much as possible, made his guilt on these particular charges seem likely, and defense patroni attempted to undermine the charges and the character defamation. This answer to the apparent contradiction between multiple charges and unitary punishment favors a moderate formalism over legal realism as the way to interpret Roman criminal trials.

Victim-Oriented Measures at International Criminal Institutions: Participation and its Pitfalls

2012 ◽  
Vol 12 (3) ◽  
pp. 375-408 ◽  
Author(s):  
Brianne McGonigle Leyh
Keyword(s):  
Human Rights ◽  
International Criminal ◽  
Criminal Court ◽  
Criminal Courts ◽  
Criminal Proceedings ◽  
Criminal Trials ◽  
Justice Process ◽  
Rights Discourse ◽  
Human Rights Standards ◽  
Human Rights Discourse

International criminal courts were created to address issues of impunity for the gravest of crimes, and undoubtedly victims are meant to be the direct beneficiaries of the justice process. Traditionally, however, victims have not always featured prominently in international criminal trials. In response to this perceived oversight, victims have been provided broad rights at the Extraordinary Chambers in the Courts of Cambodia (ECCC) and the International Criminal Court (ICC). After addressing the theoretical underpinnings of criminal justice and the development of the procedural role of the victim in domestic criminal jurisdictions and international human rights discourse, this article will examine the rights of victims at the ECCC and ICC and explore what challenges arise when victims are afforded a greater role in the international criminal process. To structure the analysis, the framework will focus on two central concepts, namely the unique characteristics of international criminal proceedings and human rights standards.

The Role of the Criminal Procedure Rules

2019 ◽  
Author(s):  
John Sprack ◽  
Michael Engelhardt–Sprack
Keyword(s):  
Criminal Law ◽  
Criminal Procedure ◽  
Criminal Courts ◽  
Clear Description ◽  
The Way

The procedural framework for the criminal courts is governed by various sets of rules. Of course, these rules do not always provide a clear description of what actually happens on the ground. In order to get an overall picture of the workings of the courts in practice, it is necessary to have some idea of the context in which the rules operate, the way in which they interact with the underlying principles of substantive criminal law and evidence, and the conventions which are adopted by the judges and practitioners who implement them. This book is an attempt to provide that context. But the rules themselves play an important part in setting out the duties of the parties and the court in relation to the case and the various transactions which it involves. They set deadlines, prescribe methods of performing tasks, and lay down the powers of the courts to deal with a variety of situations. They constitute the bricks with which the edifice of criminal procedure is constructed.

scholarly journals Securing Defence Rights in Transnational Proceedings

2015 ◽  
Vol 23 (2) ◽  
pp. 145-169
Author(s):  
Marianne L. Wade
Keyword(s):  
Criminal Justice ◽  
Criminal Law ◽  
Criminal Procedure ◽  
Criminal Proceedings ◽  
Transnational Justice ◽  
Procedural Safeguards ◽  
The Difference ◽  
Law And Justice ◽  
The Way

This paper identifies and analyses problems and weaknesses standing in the way of the provision of an effective defence in transnational criminal proceedings. Drawing upon some key findings of the Euroneeds study, it extrapolates results from that examination of eu criminal justice as valid for all transnational justice settings. It is argued that the failure to recognise legally the difference between national and transnational proceedings leads to a lacuna. Transnational criminal law and justice mechanisms are recognised as developed, above all, as tools of repressive criminal procedure leaving individuals facing them stripped of their constitutional identities and corresponding protective rights. It is argued that those creating transnational criminal law and justice mechanisms must recognise and provide for a more balanced system to avoid such contexts acting as constitutional loop-holes and to ensure the provision of defence rights and procedural safeguards in such proceedings.

The Prosecution of International Crimes in Uruguay

2010 ◽  
Vol 10 (4) ◽  
pp. 601-618 ◽  
Author(s):  
Pablo Galain Palermo
Keyword(s):  
Criminal Law ◽  
Transitional Justice ◽  
International Criminal ◽  
International Criminal Law ◽  
Crimes Against Humanity ◽  
Criminal Proceedings ◽  
Military Dictatorship ◽  
Criminal Trials ◽  
International Crimes

AbstractThis article discusses the criminal trials carried out in Uruguay against civilian, military, and political functionaries who committed crimes, including crimes against humanity, during the period of civilian-military dictatorship lasting from 1973 to 1985. These criminal proceedings are analyzed in the contexts of transitional justice and international criminal law. Therefore, the first part of this article addresses the diverse phases of transitional justice in Uruguay while the second part analyzes fundamental aspects of criminal trials against 'state terrorists'.

scholarly journals Implementation of Criminal Case Trials Through a Teleconference by Prosecutors with a Progressive Legal Approach

2020 ◽  
Vol 1 (2) ◽  
pp. 66
Author(s):  
Muhamad Mahrus Setia Wijaksana
Keyword(s):  
Law Enforcement ◽  
Community Development ◽  
Criminal Law ◽  
Industrial Revolution ◽  
Criminal Case ◽  
Criminal Proceedings ◽  
Criminal Trials ◽  
Legal Provisions ◽  
The Future ◽  
The Law

The development of technology in the era of the 4.0 industrial Revolution, characterized by digitalization until covering the realm of criminal law, was affected by the activity of law enforcement. Moreover, this time crowded about criminal trials through teleconference in the middle increasingly the mass of pandemic spread covid-19 which of course also affects the duties and authority of the prosecutor. The study focuses on analyzing the implementation of the trial in a teleconference by prosecutors with a progressive legal approach, highlighting the law as "not only rules and logic but also behavior." This research uses the socio-legal approach. The results showed that the legal arrangements related to criminal proceedings through the teleconference were still scattered in various regulations and the double implications of prosecutors. As for the implementation of the trial teleconference by prosecutors from the legal side of progressive measured from two things, first behavior seen in the trial that met many challenges, second is measured from an understanding of a progressive order/following the dynamics of community development. But the future also needs to be re-evaluated every weakness of existing current and formulated standard operational procedures and detailed legal provisions of the proceedings through the teleconference selectively.

The Unassailable Self: Freud's Image Among Post-war American Intellectuals

2017 ◽  
Vol 19 (1) ◽  
pp. 55-75 ◽  
Author(s):  
Katherine Jenness
Keyword(s):  
World War Ii ◽  
Cold War ◽  
External Force ◽  
Sigmund Freud ◽  
Human Being ◽  
World War ◽  
The Us ◽  
Post War ◽  
The Cold War ◽  
The Way

This paper explores the way American intellectuals depicted Sigmund Freud during the peak of popularity and prestige of psychoanalysis in the US, roughly the decade and a half following World War II. These intellectuals insisted upon the unassailability of Freud's mind and personality. He was depicted as unsusceptible to any external force or influence, a trait which was thought to account for Freud's admirable comportment as a scientist, colleague and human being. This post-war image of Freud was shaped in part by the Cold War anxiety that modern individuality was imperilled by totalitarian forces, which could only be resisted by the most rugged of selves. It was also shaped by the unique situation of the intellectuals themselves, who were eager to position themselves, like the Freud they imagined, as steadfastly independent and critical thinkers who would, through the very clarity of their thought, lead America to a more robust democracy.

Umorzenie postępowania karnego na podstawie art. 59a k.k. – wybrane zagadnienia

2016 ◽  
Vol 14 (1) ◽  
pp. 91-108
Author(s):  
Jarosław Marciniak
Keyword(s):  
Criminal Law ◽  
Criminal Code ◽  
Criminal Proceedings

Discontinuation of proceedings under Article 59a of the Criminal Code is a new institution in Polish criminal law. This article discusses selected issues relating to the premises for the application of Article 59a of the Criminal Code in practice. In view of the use by the legislator in Article 59a of the Criminal Code of concepts with vague meanings, their possible interpretations were proposed. It has been suggested that a rephrasing of the provision in question should be considered, in order to ensure the possibility of applying the said institution to a wider range of misdemeanours, as compensatory discontinuation is intended by the legislator to fulfil the redress function of proceedings and ensure the effectiveness and speed of criminal proceedings

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.

From compassion to distance: Hannah Höch’s ‘Mother’

2021 ◽  
pp. 135050682110289
Author(s):  
Andrea Pérez-Fernández
Keyword(s):  
Weimar Republic ◽  
Social Practice ◽  
Political Debates ◽  
Abortion Rights ◽  
Major Interest ◽  
The World ◽  
Material Conditions ◽  
The Way

This article addresses the work of the German artist Hannah Höch in the light of the struggle for abortion rights in the Weimar Republic. I attempt to show how Höch’s uses of the technique of photomontage can be read as a way of introducing a distance between the work and the viewer that allows us to question the beliefs we use to make sense of the world. Specifically, I discuss her photomontage Mutter (‘Mother’), a version of a photograph taken by John Heartfield, and some of her writings and interviews. I also examine closely the material conditions and political debates in which Höch’s work – as a social practice – developed. After a brief introduction and a methodological outline, I present Höch in the context of Berlin Dada and summarise the main underlying arguments of my hypothesis. Namely, that the major interest of Höch’s photomontages lies in the complex articulation of activism and philosophy, and in the way in which they put mainstream categories into question by ‘distancing’ fragments of reality.

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