scholarly journals The Сoncept of Procuracy Supervision over Justice Institutions and Legislative Officers Investigating a Criminal Case

2021 ◽  
pp. 25-27
Author(s):  
Konstantin Sinkin
Keyword(s):  
Criminal Case

This article discusses the concept of procuracy supervision on justice institutions and legislative officers Investigatinga criminal case. The current legislation does not contain the concept under consideration. However, its presence could serve the following practical purposes: stating the fact that the prosecutor oversees only the investigative bodies and does not exercise prosecutorial supervision over the the court; clarification of  the essence of this type of prosecutorial activity.

KONSEP RESTORATIVE JUSTICE MELALUI MEDIASI PENAL DALAM PENYELESAIAN PERKARA PIDANA BERMOTIF RINGAN PADA MASYARAKAT ADAT KAMPUNG KUALA GASIB DI KECAMATAN KOTO GASIB KABUPATEN SIAK

2018 ◽  
Vol 1 (4) ◽  
Author(s):  
ELMA YANTI
Keyword(s):  
Law Enforcement ◽  
Restorative Justice ◽  
Indigenous People ◽  
Criminal Case ◽  
Criminal Cases ◽  
Legal Research ◽  
Direct Participation ◽  
Criminal Offenses ◽  
Differences Of Opinion ◽  
Law Enforcement Officials

The settlement of criminal offenses with mild motives can be carried out by reasoning penal mediation called the restorative justice approach, which focuses on the direct participation of perpetrators, victims and the community. The research that use in this study is sociological legal research (social legal research). The concept of restorative justice through reasoning penal mediation in the settlement of a mildly criminal case for the indigenous people of village kuala gasib in koto gasib siak, was carried out with the intermediary of the headman. Headman as customary village heads and as government administrators have an important role in creating peace efforts in resolving disputes that occur in the community, one of which is through the settlement of criminal cases by reasoning penal mediation with the concept of restorative justice. The constraints of the concept of restorative justice through reasoning penal mediation in the settlement of mildly criminal cases for the indigenous people of village kuala gasib in koto gasib siak are: a) The absence of a special law mediation of regulation, b) Lack of facilities and infrastructure in mediating, c) Lack of mediator skills for village head to reconcile the parties to the dispute, d) There are differences of opinion among law enforcement officials about the concept of restorative justice through penal mediation

Confirmation bias in decision making for fingerprints, DNA and eyewitness evidence cannot be explained by cognitive style or thinking dispositions.

2019 ◽  
Author(s):  
Daniel Edgcumbe
Keyword(s):  
Decision Making ◽  
Cognitive Style ◽  
Cognitive Biases ◽  
Confirmation Bias ◽  
Criminal Case ◽  
Court Cases ◽  
Legal Proceedings ◽  
Thinking Dispositions ◽  
Evaluation Of Evidence ◽  
Facial Composite

Pre-existing beliefs about the background or guilt of a suspect can bias the subsequent evaluation of evidence for forensic examiners and lay people alike. This biasing effect, called the confirmation bias, has influenced legal proceedings in prominent court cases such as that of Brandon Mayfield. Today many forensic providers attempt to train their examiners against these cognitive biases. Nine hundred and forty-two participants read a fictional criminal case and received either neutral, incriminating or exonerating evidence (fingerprint, eyewitness, or DNA) before providing an initial rating of guilt. Participants then viewed ambiguous evidence (alibi, facial composite, handwriting sample or informant statement) before providing a final rating of guilt. Final guilt ratings were higher for all evidence conditions (neutral, incriminating or exonerating) following exposure to the ambiguous evidence. This provides evidence that the confirmation bias influences the evaluation of evidence.

The Principle of Presumption of Innocence in Criminal Proceedings and Problems of Its Implementation

2020 ◽  
pp. 86-91
Author(s):  
N. Yu. Borzunova ◽  
K. L. Maksimova ◽  
A. M. Tsechoev
Keyword(s):  
United States ◽  
United States Of America ◽  
The United States ◽  
Criminal Case ◽  
Football Players ◽  
Presumption Of Innocence ◽  
Criminal Proceedings ◽  
Plea Bargain ◽  
European Court ◽  
Theoretical Issues

The article deals with the specific features of the presumption of innocence principle and the problems of its implementation in Russia and the United States of America, as well as theoretical issues of this concept. The materials of practice reflecting violations of the principle of presumption of innocence are presented, and various opinions of legal scholars on the implementation of the principle of presumption of innocence are given. Examples from practice are analyzed, including cases that have a high public profile: the criminal case against two football players Pavel Mamaev and Alexander Kokorin, the decision of the Strasbourg European Court of human rights in the case “Fedorenko V. Russia” and the criminal case of the famous American producer Harvey Weinstein. The article analyzes the “plea bargain” that is used in the United States of America. The problems of implementing the principle of presumption of innocence and ways to solve them are outlined.

Errors in the Application of the Criminal Law on Certain Corruption Crimes in Practice of Appeal and Cassation Courts

2020 ◽  
Vol 6 ◽  
pp. 72-80
Author(s):  
A. V. Galahova ◽  
Y. I. Antonov ◽  
Keyword(s):  
Criminal Law ◽  
Criminal Case ◽  
Criminal Cases ◽  
Retroactive Effect

The article is devoted to systematization of generalized appeal and cassation practice on errors in criminal cases of corruption crimes in 2017–2018. Errors are systematized in such areas as the unfairness of the sentence; the absence of a crime in the act; inconsistency of the conclusions of the court set out in the sentence, the actual circumstances of the criminal case; incorrect application of the provisions of the criminal law in time and its retroactive effect.

scholarly journals Cognitive Biases in Criminal Case Evaluation: A Review of the Research

2021 ◽  
Author(s):  
Vanessa Meterko ◽  
Glinda Cooper
Keyword(s):  
Cognitive Biases ◽  
Social Science Research ◽  
Science Research ◽  
Human Cognition ◽  
Criminal Case ◽  
Supporting Evidence ◽  
Case Evaluation ◽  
Complex Stimuli ◽  
The Usa ◽  
Specific Factors

AbstractPsychological heuristics are an adaptive part of human cognition, helping us operate efficiently in a world full of complex stimuli. However, these mental shortcuts also have the potential to undermine the search for truth in a criminal investigation. We reviewed 30 social science research papers on cognitive biases in criminal case evaluations (i.e., integrating and drawing conclusions based on the totality of the evidence in a criminal case), 18 of which were based on police participants or an examination of police documents. Only two of these police participant studies were done in the USA, with the remainder conducted in various European countries. The studies provide supporting evidence that lay people and law enforcement professionals alike are vulnerable to confirmation bias, and there are other environmental, individual, and case-specific factors that may exacerbate this risk. Six studies described or evaluated the efficacy of intervention strategies, with varying evidence of success. Further research, particularly in the USA, is needed to evaluate different approaches to protect criminal investigations from cognitive biases.

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