scholarly journals JUDICIAL UNDERSTANDING OF THE RELIABILITY OF EYEWITNESS EVIDENCE: A TALE OF TWO CASES

2016 ◽  
Vol 19 ◽  
pp. 1
Author(s):  
Lirieka Meintjes
Keyword(s):  
South Africa ◽  
Supreme Court ◽  
Eyewitness Identification ◽  
Human Memory ◽  
The United States ◽  
Legal Standards ◽  
The Us ◽  
The Usa ◽  
Research Findings ◽  
Eyewitness Identifications

One of the most significant consequences of the use of post-conviction DNA testing in the criminal justice system has been the growing recognition that eyewitness identification testimony is simply not as reliable as it was previously considered to be. In approximately 75% of DNA exonerations in the United States, mistaken eyewitness identifications were the principal cause of wrongful convictions. Notwithstanding scientific advances regarding human memory and other factors that could influence identifications by eyewitnesses, courts have not shown eagerness in utilising such scientific knowledge in reaching legal decisions. Two cases have been chosen for discussion in this article. In S v Henderson 27 A 3d 872 (NJ 2011) the New Jersey Supreme Court was the first in State and Federal jurisdictions in the US that adopted a science-based approach to the evaluation of eyewitness evidence. The other case under discussion is S v Mdlongwa 2010 2 SACR 419 (SCA),a South African Supreme Court of Appeal judgment, where the identification of the perpetrator was based on an eyewitness account and the evidence of an expert on CCTV images. In part one of this article the research findings with regard to estimator variables that were acknowledged in S v Henderson are discussed. Part two specifically scrutinizes S v Mdlongwa to determine the extent to which psychological eyewitness research findings are recognised in South Africa as having an influence on the reliability of eyewitness evidence. In Henderson the court recognised that the legal standards governing the admissibility and use of identification evidence lagged far behind the findings of numerous studies in the social sciences. The new wave introduced by S v Henderson has not gone unnoticed in other State courts in the USA. In Massachusetts, for example, the Justices of the Supreme Judicial Court convened a study group on Eyewitness Evidence and the resulting report inter alia recommended judicial notice of modern psychological principles, revised jury eyewitness identification instructions and continuous education of both judges and lawyers. Recognition and education pertaining to these factors can and should be incorporated in South Africa.

Russian-African relations and the US factor in 2015–2018

2018 ◽  
pp. 3-22 ◽  
Author(s):  
Andrey Urnov
Keyword(s):  
United States ◽  
South Africa ◽  
Foreign Minister ◽  
The United States ◽  
Political Crisis ◽  
Bilateral Relations ◽  
The Us ◽  
The Usa ◽  
The Government ◽  
The Impact

This article is an attempt to trace the impact of the US factor on the Russian African relations during the last years of B. Obama’s administration rule and at the initial stage of D. Trump presidency (2015–2018). The comparative assessment of Moscow and Washington African policy is made. The author demonstrates distinctions and continuity in the activities of the two US administrations in Africa. D. Trump has not included Africa in the list of his foreign policy priorities. Washington however has no intention to withdraw from the Black continent. There, as everywhere, “the American leadership” remains the invariable aim. In the 21th century, the Russia Federation policy in Africa has become much more active. Guided by the concept of multipolar world and in view of its current potential, economic in particular, Moscow has no intention to compete with the USA and other foreign actors for the overwhelming influence in Africa. Its tasks are pragmatic and realistic. In Africa, as globally, the US policy towards Russia is hostile. However the author is of the opinion that Washington does not consider Russia as a serious threaten for its positions and plans in Africa. The new National security strategy of the United States of America approved in December 2018 is full of antirussian outbursts, but in a section, dealing with the US priorities in Africa, Russia is not mentioned. The main American enemies there are international terrorists and China. Hence, no tough confrontation between the two parties – so far. Therefore rivalry there is confined to competition. The article is focused on visits in March 2018 of the Russian foreign minister S. Lavrov to Angola, Namibia, Mozambique, Zimbabwe and Ethiopia and of then US Secretary of State R.Tillerson to Djibouti, Ethiopia, Kenya, Chad and Nigeria. The situation around some most sensitive US-Russia points of intersection in Africa – such as Egypt, Libya and South Africa Republic – is analyzed. The development of Cairo’s bilateral relations with Washington and Moscow is reviewed. It is noted that cooperation between Russia and Egypt is of mutual benefit and that the two countries need each other. But of this cooperation has its limits as the USA remains the main foreign partner of Egypt. The conclusion is that Russia has taken a course for a gradual restoration of its positions in Libya after the overthrow of M. Kaddafi. Moscow’s contribution to the settlement of the political crisis in the country is explored. Constructive contacts have been established with all major participants of this process. Special attention is paid to the National Libyan Army Commander, Field-Marshal H. Haftar. The United States preferences the head of the Government of national accord F. Sarraj. The attempts to interfere into Russia – South Africa using the resignation of president J. Zuma who firmly stood for friendship with Moscow have failed. The new president S. Ramaphosa has confirmed the policy of strong bilateral cooperation.

Interaction of Ukrainian Diaspora and the USA Government Regarding Celebration of Ukrainian Independence Day on January 22

2018 ◽  
Vol 1 (47) ◽  
pp. 136-145
Author(s):  
Halyna Shchyhelska
Keyword(s):  
United States ◽  
House Of Representatives ◽  
The United States ◽  
100Th Anniversary ◽  
Totalitarian Regime ◽  
The Public ◽  
Us Congress ◽  
The Us ◽  
Public Consciousness ◽  
The Usa

2018 marks the 100th anniversary of the proclamation of Ukrainian independence. OnJanuary 22, 1918, the Ukrainian People’s Republic proclaimed its independence by adopting the IV Universal of the Ukrainian Central Rada, although this significant event was «wiped out» from the public consciousness on the territory of Ukraine during the years of the Soviet totalitarian regime. At the same time, January 22 was a crucial event for the Ukrainian diaspora in the USA. This article examines how American Ukrainians interacted with the USA Government institutions regarding the celebration and recognition of the Ukrainian Independence day on January 22. The attention is focused on the activities of ethnic Ukrainians in the United States, directed at the organization of the special celebration of the Ukrainian Independence anniversaries in the US Congress and cities. Drawing from the diaspora press and Congressional Records, this article argues that many members of Congress participated in the observed celebration and expressed kind feelings to the Ukrainian people, recognised their fight for freedom, during the House of Representatives and Senate sessions. Several Congressmen submitted the resolutions in the US Congress urging the President of United States to designate January 22 as «Ukrainian lndependence Day». January 22 was proclaimed Ukrainian Day by the governors of fifteen States and mayors of many cities. Keywords: January 22, Ukrainian independence day, Ukrainian diaspora, USA, interaction, Congress

scholarly journals Trends in educational mobility: How does China compare to Europe and the United States?

2019 ◽  
Vol 5 (2) ◽  
pp. 214-240
Author(s):  
Rob J Gruijters ◽  
Tak Wing Chan ◽  
John Ermisch
Keyword(s):  
Educational Opportunity ◽  
The United States ◽  
International Standards ◽  
Educational Mobility ◽  
The Us ◽  
The Usa ◽  
Economic Boom ◽  
The Uk ◽  
Large Decline ◽  
Inequality Of Educational Opportunity

Despite an impressive rise in school enrolment rates over the past few decades, there are concerns about growing inequality of educational opportunity in China. In this article, we examine the level and trend of educational mobility in China, and compare them to the situation in Germany, the Netherlands, the UK and the USA. Educational mobility is defined as the association between parents’ and children’s educational attainment. We show that China’s economic boom has been accompanied by a large decline in relative educational mobility chances, as measured by odds ratios. To elaborate, relative rates of educational mobility in China were, by international standards, quite high for those who grew up under state socialism. For the most recent cohorts, however, educational mobility rates have dropped to levels that are comparable to those of European countries, although they are still higher than the US level.

scholarly journals Solar Thermochemical Hydrogen Production in the USA

2021 ◽  
Vol 13 (14) ◽  
pp. 7804
Author(s):  
Christoph Falter ◽  
Andreas Sizmann
Keyword(s):  
Hydrogen Production ◽  
Large Scale ◽  
Low Cost ◽  
The United States ◽  
Solar Irradiation ◽  
Transport Sector ◽  
Fossil Energy ◽  
The Us ◽  
The Usa ◽  
Solar Thermochemical

Hydrogen produced from renewable energy has the potential to decarbonize parts of the transport sector and many other industries. For a sustainable replacement of fossil energy carriers, both the environmental and economic performance of its production are important. Here, the solar thermochemical hydrogen pathway is characterized with a techno-economic and life-cycle analysis. Assuming a further increase of conversion efficiency and a reduction of investment costs, it is found that hydrogen can be produced in the United States of America at costs of 2.1–3.2 EUR/kg (2.4–3.6 USD/kg) at specific greenhouse gas emissions of 1.4 kg CO2-eq/kg. A geographical potential analysis shows that a maximum of 8.4 × 1011 kg per year can be produced, which corresponds to about twelve times the current global and about 80 times the current US hydrogen production. The best locations are found in the Southwest of the US, which have a high solar irradiation and short distances to the sea, which is beneficial for access to desalinated water. Unlike for petrochemical products, the transport of hydrogen could potentially present an obstacle in terms of cost and emissions under unfavorable circumstances. Given a large-scale deployment, low-cost transport seems, however, feasible.

Insult of Public Officials

2021 ◽  
pp. 388-409
Author(s):  
Christoph Bezemek
Keyword(s):  
United States ◽  
Human Rights ◽  
Supreme Court ◽  
The United States ◽  
Public Officials ◽  
European Court ◽  
The Supreme Court ◽  
The Us ◽  
Us Supreme Court ◽  
Structural Differences

This chapter assesses public insult, looking at the closely related question of ‘fighting words’ and the Supreme Court of the United States’ decision in Chaplinsky v New Hampshire. While Chaplinsky’s ‘fighting words’ exception has withered in the United States, it had found a home in Europe where insult laws are widely accepted both by the European Court of Human Rights and in domestic jurisdictions. However, the approach of the European Court is structurally different, turning not on a narrowly defined categorical exception but upon case-by-case proportionality analysis of a kind that the US Supreme Court would eschew. Considering the question of insult to public officials, the chapter focuses again on structural differences in doctrine. Expanding the focus to include the Inter-American Court of Human Rights (IACtHR) and the African Court on Human and Peoples’ Rights (ACtHPR), it shows that each proceeds on a rather different conception of ‘public figure’.

The Influence of Personal Factor on US Foreign Policy (Secretary of State John Kerry)

2014 ◽  
pp. 72-83
Author(s):  
A. Borisova
Keyword(s):  
Foreign Policy ◽  
The United States ◽  
Us Foreign Policy ◽  
Political Leader ◽  
Political Issues ◽  
Security Issues ◽  
Road Map ◽  
Secretary Of State ◽  
The Us ◽  
The Usa

The last five years defined an alternative course in the US foreign policy. Obama's reelection caused staff transfers which notably influenced the course. This comprehensive process is based on tremendous work conducted by the Administration of Barak Obama, in particular by John Kerry, who was appointed as a Secretary of State in 2013. His personality plays a significant role in American domestic and foreign policy interrelation. Adoption or rejection of the bills, which are well-known today, depended in large on a range of circumstances, such as personality, life journey and political leader career of the today's Secretary of State. John Kerry’s professional life is mainly associated with domestic policy; nevertheless, he has always been interested in foreign relations and national security issues. Those concerns generally included: non-proliferation, US security, ecological problems, fight against terrorism. The article is intended to highlight Kerry’s efforts in each of these fields, showing not only his actions, but also difficult process of adoption or banning bills in the USA. The author tried to display the whole complicated decision-making process among different parties, businessmen and politicians, law and money clashes. The results of many former endeavors can be seen today, in the modern US policy. Based on assumptions about Secretary of State’s beliefs, certain road map can be predicted. In conclusion, the article offers several courses, where the United States are likely to be most active during the next few years. It can be judged exactly which way some current political issues will develop, how the US foreign policy will be shaped by today's decision-makers in the White House.

Judges and Policy Making Authority in the United States and the European Union

ICL Journal ◽  
2014 ◽  
Vol 8 (2) ◽  
Author(s):  
Antonios E. Kouroutakis
Keyword(s):  
Supreme Court ◽  
Legal System ◽  
The United States ◽  
Legal Order ◽  
European Court Of Justice ◽  
Judicial Activism ◽  
Court Of Justice ◽  
European Court ◽  
The Us ◽  
Us Supreme Court

AbstractInstitutions such as the US Supreme Court and the European Court of Justice in due time have developed a status of supremacy through judicial activism. The main target of the article is to identify the judicial activism exercised by these Courts and to reason its need in the legal order. In the first part the US Supreme Court and the European Court of Justice are placed in the overall polity that they belong to and the development of their status and their characteristics are analyzed. The major concern of the first part is to examine how those declared their supremacy and focus on major cases and their reason­ing.In the second part the extent of the judicial supremacy in each legal order is discussed and its effects in the decision making process are examined. The assumption that judicial activ­ism is acceptable only if it expresses consensus in the legal order is tested and it is argued that up to an extent, Judicial Activism does not distort the political agenda when it ex­presses the consensus of the legal system. Finally, it is argued that when such activism exceeds the boundaries of the consensus, the other actors in the legal system would even­tually react and would limit such activism.

scholarly journals Talking About Sustainability in Teacher Preparation in Finland and the United States

2019 ◽  
Vol 3 (1) ◽  
pp. 69-87
Author(s):  
Susan Wiksten
Keyword(s):  
United States ◽  
Teacher Education ◽  
Teacher Preparation ◽  
Teacher Educators ◽  
The United States ◽  
The Us ◽  
Research Findings ◽  
Specific Culture ◽  
Context Specific ◽  
Scientific Phenomena

This article reports on empirical research findings from a case study of teacher education in Finland and the United States. A sociological perspective was deployed for investigating how the concept of sustainability was addressed in two teacher education programs. One of the programs was located in Finland and the other in the US. The study was carried out in 2015 and 2016. Seventeen semi-structured, open-ended, audio-recorded interviews form the core of the research materials. A thematic analysis of interviews was conducted for identifying articulations related to sustainability in subject-matter specialized teacher preparation. Findings from this study contribute to research on teacher preparation. Notably, by articulating how context-specific culture and social norms contribute to local models of teacher education. Findings from this study indicate that teacher training practices in Finland have encouraged students to articulate sustainability in relation to critical thinking, whereas in the US, sustainability has been articulated in relation to social justice. The key point supported by the evidence is that sustainability was by teachers and teacher educators conceptualized as being about the popularization of knowledge about ecology and biodiversity. The kind of communication that was by teachers and teacher educators described as effective for popularizing knowledge about scientific phenomena were forms of teaching that expanded on content-specific knowledge by connecting it to ethical and civic frameworks of the societies in which students live.

A brief history of Pakistan–USSR bilateral relations 1947–1991

2021 ◽  
Vol 2021 (01) ◽  
pp. 171-181
Author(s):  
Muhammad Naveed Ul Hasan Shah ◽  
Muhammad Irfan Mahsud ◽  
Azadar Ali Hamza
Keyword(s):  
The United States ◽  
Western World ◽  
National Interests ◽  
Bilateral Relations ◽  
Course Of Action ◽  
The Us ◽  
The Usa ◽  
History Of ◽  
Soviet Invasion ◽  
The Persian Gulf

Pakistan, since 1947 remains under the umbrella of US, as a result, relations of Pakistan were not smooth with anti US states including USSR. The US was to increase its role in the region in order to make secure the largest petroleum reserves in the Persian Gulf. Pakistan’s alignment with the western world was mainly to counter possible Indian aggression, not to lessen the Soviet influence in the region, but the approach was more or less thwarting Soviet interests in the region. Over 3 million Afghan refugees had travelled to Pakistan in the 1st year of Soviet intervention in Afghanistan. The main objective of the USA during the initial stages of the Soviet invasion of Afghanistan was primarily to ensure that the Soviet exercise would be a costly one. The United States of America supported Afghan militants with the help of Pakistan to organize them against the USSR. A general perception is that US did not want to be directly involved to thwart the Soviet invasion; rather USA handed over the operational aspect of the program to the Pakistan. The Pakistan was in charge of providing the funds and weapons to the mujahedin and setting up training camps. The US remained indecisive over the next course of action in Afghanistan and the Pakistan took the opportunity to carry out its own agenda in Afghanistan to promote their national interests.

Antitrust Regulation of IT Giants` Activities: Main Trends of Foreign and Russian Legislation

2021 ◽  
Author(s):  
D.V. Shram ◽  
Keyword(s):  
House Of Representatives ◽  
Network Effects ◽  
The United States ◽  
The European Union ◽  
The United Kingdom ◽  
The Us ◽  
The Usa ◽  
Economic Concentration ◽  
The Uk ◽  
Antitrust Regulation

The article is devoted to the antimonopoly regulation of IT giants` activities. The author presents an overview of the main trends in foreign and Russian legislation in this area. The problems the antimonopoly regulation of digital markets faces are the following: the complexity of determining the criteria for the dominant position of economic entities in the digital economy and the criteria for assessing the economic concentration in the commodity digital markets; the identification and suppression of cartels; the relationship between competition law and intellectual property rights in the digital age. Some aspects of these problems are considered through the prism of the main trends in the antimonopoly policy in the United States, the European Union, the United Kingdom and Russia. The investigation findings of the USA House of Representatives Antitrust Subcommittee against Apple, Google, Amazon and Facebook are presented. The author justifies the need to separate them, which requires the adoption of appropriate amendments to the antimonopoly legislation. The article analyzes the draft law of the European Commission on the regulation of digital markets – Digital Markets Act, reveals the criteria for classifying IT companies as «gatekeepers», and notes the specific approaches to antimonopoly regulation in the UK and the US. The article describes the concepts «digital platform» and «network effects», presented in the «fifth antimonopoly package of amendments», developed in 2018 by the Federal Antimonopoly Service of the Russian Federation, and gives an overview of the comments of the Ministry of Economic Development regarding these concepts wording in the text of the draft law, which formed the basis for the negative conclusion of the regulator. It is concluded that in the context of the digital markets’ globalization, there is a need for the international legal nature antitrust norms formation, since regional legislation obviously cannot cope with the monopolistic activities of IT giants.

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