Mitigating “The Coercive Effect of the Schoolhouse Setting”

2016 ◽  
Vol 19 (1) ◽  
pp. 93-108
Author(s):  
Natalie Short
Keyword(s):  
Supreme Court ◽  
State Legislators ◽  
Miranda Rights ◽  
Police Interrogation ◽  
The Supreme Court ◽  
Miranda Warnings ◽  
Court Proceedings

This article discusses Miranda rights in relation to police interrogation of juveniles in schools. Part I argues that, under the standard recently announced by the Supreme Court in J.D.B.—the “Reasonable Child Test”—all schoolhouse interrogations should require Miranda warnings because no reasonable minor would feel free to leave an interrogation conducted at school. Schoolhouse interrogations have a higher risk of coercion due to the regimented nature of schools and the likelihood that parents will not be present. Further, Part II encourages state legislators to propose legislation requiring that minors have the advice of counsel prior to waiving Miranda rights. Such a law would avoid rash waivers of rights by minors who misunderstand the usefulness of Miranda rights, and ensure that when minors make statements to police at school, those statements will be admissible in later court proceedings.

Execution of a Sentence in the Structure of Criminal Proceedings: Procedural Stage or Special Court Proceedings?

2020 ◽  
Vol 1 ◽  
pp. 97-106
Author(s):  
V. V. Nikolyuk ◽  
◽  
L. A. Pupysheva ◽  
Keyword(s):  
Supreme Court ◽  
Criminal Procedure ◽  
Criminal Case ◽  
Criminal Proceedings ◽  
Criminal Process ◽  
Self In Relation ◽  
The Supreme Court ◽  
Court Proceedings

The article analyzes the concept of execution of a sentence as an independent stage of the criminal process (the stage of criminal proceedings). Arguments are given that point to its certain illogicality and inconsistency. The authors on the basis of existing legislation and taking into account the positions of Plenum of the Supreme Court additionally reasoned and substantiated the thesis of the existence of the criminal process self in relation to a criminal case of criminal procedure, regulated by Chapter 47 of the Code of criminal procedure.

scholarly journals Uloga institucije ombudsmena i sudova u sudskim postupcima povodom slučajeva diskriminacije u Bosni i Hercegovini

2019 ◽  
Vol 56 (3) ◽  
pp. 667-683
Author(s):  
Mirza Čaušević
Keyword(s):  
Human Rights ◽  
Supreme Court ◽  
Bosnia And Herzegovina ◽  
General Information ◽  
Direct Discrimination ◽  
The Supreme Court ◽  
The Law ◽  
Court Proceedings ◽  
The Individual

When reading the article’s title, it is important to emphasize the role and importance of the Institution of the Ombudsman for Human Rights of Bosnia and Herzegovina, the most important national institution for the protection of human rights and fundamental freedoms. Consequently, according to the logic of thinking, it can be clearly concluded that the most important segment of action, above mentioned national institution, is to prevent or eliminate all forms of indirect and direct discrimination. Accordingly, the author decided, in addition to introductory and concluding considerations, to divide the article into four (4) parts. The first part of the article entitled “Theoretical Determination of Discrimination” provides general information on the concept, different forms and types of discrimination in accordance with the Law on Prohibition of Discrimination in Bosnia and Herzegovina. Unlike the first, in the second part of the article “The Role of the Ombudsman in the Probation of Discrimination Proceedings”, the Ombudsman aims to present the legal position of the ombudsman in court proceedings, with the mandatory indication of the conditions for initiating the proceedings on his own behalf, representing the individual and intervening in the ongoing proceedings. Through practical examples, the author seeks to emphasize the importance, role and importance of the ombudsman in court proceedings. Subsequently, in the third part of the “Role of Courts in the Probation of Discrimination Proceedings”, the author concentrates that, by using the Law on Prohibition of Discrimination, he presents court judgments that discriminate the education system of the Central Bosnia and Herzegovina Canton (non) discriminatory on the basis of the existing segregation in so called. “Two schools under one roof”. Thus, this section primarily analyzes the rejection of the aforementioned claims. Finally, in the fourth (working) section entitled “The Probation of Discrimination Proceeding before the Supreme Court of the Federation of Bosnia and Herzegovina”, the author presents positive and negative examples in the work of the Supreme Court of FBiH, and above all clarifies the process of proving discrimination before this court instance. The aim of this paper is to investigate the legal background of the Institution of the Ombudsman for Human Rights in Bosnia and Herzegovina, as well as judicial instances from the aspect of domestic (national) law, while, on the other hand, special attention is devoted to the actions of the FBiH Supreme Court in cases of discrimination.

scholarly journals The Problematics of Simple Lawsuit Implementation To Reduce Civil Cases In Supreme Court

AL-HUKAMA ◽  
2020 ◽  
Vol 10 (1) ◽  
pp. 171-194
Author(s):  
Bambang Sugeng ◽  
Zahry Vandawati Ch.
Keyword(s):  
Supreme Court ◽  
Low Cost ◽  
Simple System ◽  
State Court ◽  
Legal Research ◽  
Conceptual Approach ◽  
The Supreme Court ◽  
Civil Cases ◽  
Court Proceedings ◽  
Court Process

This research has purpose to analyze the implementation of a simple lawsuit settlement to reduce the accumulation of civil cases in the Supreme Court. Also to analyze the constraints and obstacles in the application of simple claim resolution to reduce the buildup of civil cases and investigate the constraints and obstacles in the application of simple claim resolution to reduce the buildup of civil cases. This research is normative legal research that used the approach of statute approach and conceptual approach. The result of this research indicated that the implementation of simple lawsuit mechanismin court process could be quite helpful for citizen to settle the civil cases on state court with a quick process, simple system and low cost. In the context of implementing a simple lawsuit mechanism in court proceedings, there are several obstacles and have not maximally utilized in society, such as the minimum limit for the value of material claims is at most Rp. 200,000,000.00 (two hundred million rupiahs).

New Directions in Mexican Legal History

1994 ◽  
Vol 50 (4) ◽  
pp. 461-465 ◽  
Author(s):  
Silvia Marina Arrom
Keyword(s):  
New Mexico ◽  
Supreme Court ◽  
Mexico City ◽  
Legal System ◽  
Legal History ◽  
The Supreme Court ◽  
New Directions ◽  
Lower Courts ◽  
Court Proceedings ◽  
Do So

These three articles, originally presented as papers at the 1992 American Historical Association meetings, represent a new direction in Mexican legal history. Whereas most legal histories have concentrated on a textual analysis of the law, these articles go beyond the laws to explore how they were implemented (as in Charles Cutter's and Michael Scardaville's pieces) and how they were made (as in Linda Arnold's piece). To do so the authors supplement printed sources with rich and previously neglected materials from local court proceedings, police logs, and supreme court archives. Taken together, the articles present a fascinating picture of how the Mexican legal system worked in practice, be it through the provincial courts of New Mexico, the lower courts of Mexico City, or the Supreme Court visitas of prisons.

The Economy of Literacy: How the Supreme Court Stalled the Civil Rights Movement

2002 ◽  
Vol 72 (2) ◽  
pp. 206-230 ◽  
Author(s):  
Catherine Prendergast
Keyword(s):  
Civil Rights ◽  
Supreme Court ◽  
Civil Rights Movement ◽  
Equal Opportunity ◽  
Legal Rights ◽  
Property Value ◽  
The Supreme Court ◽  
Legal Challenges ◽  
Court Proceedings ◽  
The University

According to critical race theorists, legal rights in this country have been compromised by the recognition of White identity as having property value. In this article,drawing on these analyses as well as the observations of literacy scholars questioning the outcomes of literacy and education, Catherine Prendergast argues that the designation of literacy and education as "rights" is more rhetorical than real. Prendergast pays close attention to the arguments and court proceedings of three U.S. Supreme Court cases in which the value of literacy and the reality of racial discrimination have both been contested. Through an analysis of these landmark cases —Brown v. Board of Education, Washington v. Davis, and Regents of the University of California v. Bakke—the author deconstructs "the lofty prose equating education with equal opportunity" to uncover the ideologies of literacy that informed these cases. According to Prendergast, "this rhetoric has laid the foundation for the recent legal challenges to affirmative action." She concludes by suggesting that these crucial court decisions have stalled the civil rights movement by perpetuating the economy of literacy as White property.

scholarly journals Principles of IP-Court Activity in Ukraine

2020 ◽  
Vol 89 (2) ◽  
pp. 116-123
Author(s):  
S. V. Volovyk
Keyword(s):  
Intellectual Property ◽  
Supreme Court ◽  
Freedom Of Speech ◽  
Judicial System ◽  
Administration Of Justice ◽  
The Supreme Court ◽  
Legal Document ◽  
Court Proceedings ◽  
The Right ◽  
Principle Of Legality

The principles of IP-court activity in Ukraine have been studied. It has been emphasized that the urgent issues currently are to review the existing approaches to reforming the judicial system of Ukraine, based on the gained experience of establishing specialized courts, defining principles as guidelines for the functioning of IP-court in Ukraine as the Higher Specialized Judicial System of Ukraine. The concept of “principles” and their classification have been defined. The author has noted the importance of international principles of court activity in Ukraine. The regulatory base of courts activity has been characterized, where the principles of functioning of courts and judges in Ukraine have been defined. The author has singled out such an international legal document as the Basic Principles of Judicial Agencies’ Independence, which enshrines the following principles of IP-court activity in Ukraine: the principle of judicial agencies’ independence; the principle of freedom of speech and associations; the principle of qualification, selection and training; the principle of professional secrecy and immunity. The category of “principles of IP-court activity in Ukraine” has been offered to understand as a set of guiding (fundamental) ideas, grounds, principles of operation and functioning of IP-court in Ukraine that ensure the proper administration of justice, respect for rights and fundamental freedoms during the trial and ensuring the right to a fair trial. The principles of the IP-court activity in Ukraine are as follows: 1) general and legal: the rule of law principle; the principle of observance of human rights and fundamental human and civil freedoms; the principle of legality; the principle of openness and transparency of court proceedings; the principle of political or other impartiality; the principle of reasonable terms; 2) special principles of IP-court activity in Ukraine: the principle of independence of judicial agencies; the principle of freedom of speech and associations; principle of qualification; the principle of professional secrecy. It has been concluded that enshrining the principles of operation and functioning of the Supreme Court on Intellectual Property Issues in the Law of Ukraine “On the Supreme Court on Intellectual Property Issues” will increase the efficiency of the judicial system of Ukraine and significantly affect the authority and prestige of IP-court in Ukraine.

scholarly journals KAJIAN HUKUM TERHADAP PUTUSAN MAHKAMAH AGUNG ATAS PERKARA NO.825K/PDT.SUS-PHI/2015 TENTANG PEMUTUSAN HUBUNGAN KERJA KARENA ALASAN EFISIENSI

2018 ◽  
Vol 1 (1) ◽  
pp. 758
Author(s):  
Andika Pramana Putra ◽  
Rasji .
Keyword(s):  
Supreme Court ◽  
Research Method ◽  
Legal Research ◽  
Severance Pay ◽  
Court Judge ◽  
The Supreme Court ◽  
Court Proceedings ◽  
The Many

At this time layoffs for efficiency reasons are still a polemic because there are two different interpretations caused by the provisions of Article 164 Paragraph (3) of the Manpower Law. This raises problems in Manpower so it needs to be investigated in this paper is whether in case No.825K / Pdt.Sus-PHI / 2015 has been in accordance with the efficiency criteria set by Law Number 13 Year 2003 on Manpower. The research method used in this writing is the method of normative legal research. Based on the results of the analysis that layoffs for efficient reasons is one of the reasons of the many causes of layoffs provided for in Article 164 of the Manpower Act. In the case of No.825K / Pdt.Sus-PHI / 2015, the layoffs made by PT. PG. Gorontalo Unit PG. Tolangohula, to employees of Cindra Husain is not in accordance with the provisions set forth in Article 164 paragraph (3) of the Manpower Act specifically regulating the Amount of Severance Pay as it does not take into account the Wages of Workers during the Court proceedings. This is corroborated by the Supreme Court Judge declining the appeal of the cassation and the company is considered to have committed acts contrary to the Manpower Act.

scholarly journals KELEMAHAN YURIDIS FORMAL PELAKSANAAN PERSIDANGAN PIDANA MELALUI TELECONFERENCE SAAT PANDEMI COVID-19

2021 ◽  
Vol 17 (2) ◽  
pp. 204-214
Author(s):  
I Made Wirya Darma
Keyword(s):  
Supreme Court ◽  
Criminal Law ◽  
Attorney General ◽  
Quick Response ◽  
Social Distancing ◽  
The Public ◽  
The Supreme Court ◽  
Positive Sense ◽  
Court Proceedings ◽  
The Republic

AbstractThe implementation of virtual trials through teleconference is seen as in line with social distancing and physical distancing policies, in order to reduce the pace of development of the Covid-19 Pandemic. As a quick response to the Supreme Court in ensuring the protection of judicial officials, justice seekers, court users including defendants who are dealing with the law, the Supreme Court has issued Supreme Court Circular (SEMA) Number 1 of 2020 concerning Guidelines for Implementing Tasks During the Prevention Period of the Spread of Covid-19 in The environment of the Supreme Court and the Judiciary Bodies that are under it. Within the prosecutor's office, the trial using this teleconference facility refers to the Instruction of the Attorney General of the Republic of Indonesia Number 5 of 2020 concerning Policies for Implementing Tasks and Handling Cases During the Prevention Period for the Spread of COVID-19 in the Public Prosecutor's Office of the Republic of Indonesia on March 27, 2020. Referring to the judicial system criminal law in Indonesia, online court proceedings are a legal breakthrough (rules breaking) in a positive sense. However, in practice the implementation of online trials still encounters obstacles or obstacles.Keywords: online trial; teleconference criminal hearing; virtual courtAbstrakPelaksanaan persidangan virtual melalui sarana teleconference dipandang seiring dengan kebijakan social distancing dan phisyical distancing, guna menekan laju perkembangan Pandemi Covid-19. Sebagai respons cepat Mahkamah Agung dalam menjamin terlindunginya aparatur peradilan, pencari keadilan, pengguna pengadilan termasuk terdakwa yang sedang berhadapan dengan hukum, maka MA telah mengeluarkan Surat Edaran Mahkamah Agung (SEMA) Nomor 1 Tahun 2020 tentang Pedoman Pelaksanaan Tugas Selama Masa Pencegahan Penyebaran Covid-19 di Lingkungan Mahkamah Agung dan Badan Peradilan yang Berada Di Bawahnya. Di lingkungan kejaksaan, persidangan dengan menggunakan sarana teleconference ini merujuk pada Instruksi Jaksa Agung Republik Indonesia Nomor 5 Tahun 2020 tentang Kebijakan Pelaksanaan Tugas dan Penanganan Perkara Selama Masa Pencegahan Penyebaran COVID-19 di Lingkungan Kejaksaan Republik Indonesia pada tanggal 27 Maret 2020. Merujuk kepada sistem peradilan pidana di Indonesia, pelaksanaan sidang secara online merupakan terobosan hukum (rules breaking) dalam makna yang positif. Namun, dalam praktiknya pelaksanaan persidangan online masih menemui kendala atau hambatan.

scholarly journals PROSPECTS FOR THE DEVELOPMENT OF ADMINISTRATIVE COURT PROCEEDINGS IN RUSSIA (BASED ON MATERIALS OF THE INTERREGIONAL SCIENTIFIC AND PRACTICAL CONFERENCE)

2020 ◽  
pp. 100-109
Author(s):  
Олеся Витальевна Жукова ◽  
Наталья Олеговна Огаркова
Keyword(s):  
Comparative Analysis ◽  
Supreme Court ◽  
Russian Federation ◽  
Administrative Procedure ◽  
The Supreme Court ◽  
The Russian Federation ◽  
Court Proceedings ◽  
Administrative Proceedings ◽  
Practical Conference

В статье представлены основные тезисы выступлений участников межрегиональной научно-практической конференции, посвященной принятию Кодекса административного судопроизводства РФ. Авторами проведен сравнительный анализ практики рассмотрения Верховным Судом РФ административных дел с момента начала действия нового законодательства об административном судопроизводстве. The article presents the main theses of the participants of the interregional scientific and practical conference on the adoption of the Code of administrative procedure of the Russian Federation. The authors have conducted a comparative analysis of the practice of the Supreme Court of the Russian Federation in considering administrative cases since the beginning of the new legislation on administrative proceedings.

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