scholarly journals PRESERVATION OF EVIDENCE OBTAINED DURING THE PRE-TRIAL INVES-TIGATION AS ONE OF THE CHALLENGES IN THE TRIAL OF ORGANIZED CRIME CASES

2020 ◽  
pp. 51-61
Author(s):  
Yakov M. Mazunin ◽  
◽  
Pavel Ya. Mazunin ◽  
Keyword(s):  
Preliminary Investigation ◽  
Video Recording ◽  
Sources Of Information ◽  
Related Information ◽  
Information Interaction ◽  
Judicial Investigation ◽  
Preservation Of Evidence ◽  
Court Proceedings ◽  
Evaluation Of Evidence ◽  
Material Evidence

Given that the situations of preliminary investigation and court proceedings have the same epistemological nature, it is possible to apply the classification grounds developed in the theory of investigative situations to systematise and streamline the trial. It is possible to distinguish judicial situations related to: preservation of evidence obtained during the preliminary investi-gation in court; filling gaps in the preliminary investigation materials; evaluation of evidence in court and, finally, making a decision on the merits of the case. These judicial situations need to be resolved and have a significant impact on the tactics of the judicial investigation. This is because each case raises questions such as whether to begin the examination of evidence with the interrogation of defendants, victims or witnesses and, if there are several defendants, in what order to interrogate them, in what order to inter-rogate witnesses, in what part of the judicial investigation it is better to conduct expert exami-nations, inspection of physical evidence, the scene of the incident and other investigative actions. Criminal procedural legislation does not regulate such issues, which allows us to refer them to the tactics of the judicial investigation. The judicial-investigative situation under consideration, related to the change of testimony in court, can be partially resolved by choosing the order and combination of different forms of judicial interrogation, summoning for questioning to court persons who, according to the defendant, used methods of illegal influence, using such idea of information interaction as the principle of maevtika, related to the enrichment of information. Its essence is that in addition to the information obtained in the course of the investigation and operational-search activities and fixed in the relevant documents, the court should be presented with related information. This may include, for example, a video recording of the information environment at the time of the interview or during the interrogation, especially when the potential perpetrator was confessing. Pursuant to article 240, paragraph 1, of the Code of Criminal Procedure, in addition to hearing the testimony of the defendant, the victim, witnesses and expert findings, examining material evidence, and disclosing protocols and other documents, the court carries out other judicial investigative activities to examine the evidence. This enables the court to identify in the course of the trial the reasons for a change in the evidence and to verify its consistency with reality. At the same time, it is often the investigator or operative who can provide an indication of the sources of information that can help verify statements about the coercion of interrogators to confess, when they are questioned during the judicial investigation.

scholarly journals Electronic Evidence in the Civilistic Process

2021 ◽  
Vol 1 ◽  
pp. 74-79
Author(s):  
N. A. Nikitashina ◽  
◽  
K. V. Maryasov ◽  
Keyword(s):  
Traditional Approach ◽  
Legal Regulation ◽  
Electronic Document ◽  
Sources Of Information ◽  
Electronic Documents ◽  
Computer Tools ◽  
Electronic Evidence ◽  
Information Interaction ◽  
Evaluation Of Evidence ◽  
Electronic Sources

The current civil procedure legislation refers to information obtained from electronic sources of information as written evidence. At the same time, electronic evidence is not an independent means of proof. The purpose of this article is to study the possibility and necessity of allocating electronic evidence as independent means of proof. The traditional approach to understanding the electronic document is based on the participation of the person in the information interaction as the author of the document and its performer. At the same time, the electronic document is characterized by its (special) properties related to its creation, change, preservation. In addition, the authors draw attention to the existence of electronic documents that do not have a human-readable form but create, modify or terminate rights and obligations. The study also points to the possibility of self-participation of computer tools in information interaction. In the article, the authors propose to distinguish electronic evidence as an independent means of proof, and also justify the theoretical and practical necessity of this approach to the legal regulation of the procedure of proof in civil and arbitration proceedings (research, recording, evaluation of evidence from electronic sources).

scholarly journals HISTORICAL DEVELOPMENT STAGES OF CRIMINAL PROCEDURE IN ANCIENT ROME

2016 ◽  
pp. 0-0
Author(s):  
Нодиржон Хайриев ◽  
Nodirzhon Khayriev
Keyword(s):  
Historical Development ◽  
Legal Status ◽  
Criminal Procedure ◽  
Legal Aspects ◽  
Ancient Rome ◽  
Development Stages ◽  
Procedural Law ◽  
History Of ◽  
Court Proceedings ◽  
Evaluation Of Evidence

This article studies historical-legal aspects of such issues as organization and development of criminal procedure in Ancient Rome, types of criminal procedure in this state, peculiarities of criminal procedure organization on the basis of the Laws of the twelve tables, legal status of officials, reviewing cases, as well as issues of guaranteeing fairness of the courts, specific to the ancient roman legal and institutional framework. Based on the historical development of the state and law, the author presents a different classification of the development stages of Ancient Rome and history of the Roman (Civil) Law. The author pays special attention to studying procedural law aspects, in particular, to the issues of particular characteristics of criminal procedure and judicial examination, evidence law, procedure of instituting court proceedings, hearings of cases in courts and adoption of relevant court decisions. The author conducts thorough analysis of the main stages of a criminal process, which, as the author assumes, consist of two parts — bringing of a suit, evaluation of evidence and documents, checking the accuser’s requirements, as well as reviewing claims under the lawsuit and submitted evidence, judicial examination.

scholarly journals Revisiting Persistent Neuronal Activity During Covert Spatial Attention

2021 ◽  
Vol 15 ◽  
Author(s):  
Julian L. Amengual ◽  
Suliann Ben Hamed
Keyword(s):  
Spatial Attention ◽  
Neural Representation ◽  
Persistent Activity ◽  
Sources Of Information ◽  
Multiple Sources ◽  
Oscillatory Dynamics ◽  
Attention Orienting ◽  
Related Information ◽  
Attention Tasks ◽  
Reduction Methods

Persistent activity has been observed in the prefrontal cortex (PFC), in particular during the delay periods of visual attention tasks. Classical approaches based on the average activity over multiple trials have revealed that such an activity encodes the information about the attentional instruction provided in such tasks. However, single-trial approaches have shown that activity in this area is rather sparse than persistent and highly heterogeneous not only within the trials but also between the different trials. Thus, this observation raised the question of how persistent the actually persistent attention-related prefrontal activity is and how it contributes to spatial attention. In this paper, we review recent evidence of precisely deconstructing the persistence of the neural activity in the PFC in the context of attention orienting. The inclusion of machine-learning methods for decoding the information reveals that attention orienting is a highly dynamic process, possessing intrinsic oscillatory dynamics working at multiple timescales spanning from milliseconds to minutes. Dimensionality reduction methods further show that this persistent activity dynamically incorporates multiple sources of information. This novel framework reflects a high complexity in the neural representation of the attention-related information in the PFC, and how its computational organization predicts behavior.

Pregnancy-related health information behaviour of Estonian women

2021 ◽  
Vol ahead-of-print (ahead-of-print) ◽  
Author(s):  
Kadri Ojaperv ◽  
Sirje Virkus
Keyword(s):  
Pregnant Women ◽  
Information Seeking ◽  
Quantitative Research ◽  
Maternity Hospital ◽  
The Internet ◽  
Sources Of Information ◽  
Content Type ◽  
Pregnancy And Childbirth ◽  
Related Information ◽  
Search For Information

Purpose This study aims to increase the understanding of the pregnancy-related information behavior (IB) of pregnant women in Estonia. Design/methodology/approach The research involved a quantitative research methodology consisting of a semi-structured questionnaire. Data was collected from pregnant Estonian women through a self-administered Web-based questionnaire using a convenience sampling during the period from January to February 2019. A total of 300 pregnant women answered the questionnaire. The data were analysed using statistical analysis and the results of the study were compared with the results of previous studies. Findings The three topics on which information was most frequently sought were: fetal development, use of medicines during pregnancy and symptoms of pregnancy. The main sources of information were the internet and the midwife. The most reliable and valuable source of information was a midwife. Health-related information was sought mainly because it helped women make decisions related to pregnancy and childbirth. A number of factors facilitate the information seeking process. In addition, widespread access to the internet and technological skills facilitated IB. The following factors hindered the search for information: the controversy and/or ambiguity of information published on the internet and the time spent searching for information. Most women used wearable technologies during pregnancy. Research limitations/implications This study has several limitations. First, the weakness of online surveys is the potential lack of representativeness, as it excludes from the survey those who do not have access to or ability to use the internet for various reasons (Evans and Mathur, 2005; Limbu et al., 2021). Second, as most recruitment for the study took place online, there was a risk that those who did not use the internet could be excluded from the survey. Third, as the questionnaire was also shared in the Facebook news feed by the Women’s Clinic and Maternity Hospital of the East Tallinn Central Hospital, it may be that the respondents recruited through it more often used the support provided by medical professionals. Fourth, due to the volume limits of the study, it is not possible to present all the results of the study on the basis of socio-demographic characteristics and stage of pregnancy. Therefore, the findings cannot be generalized to the broader population and future studies should explore a larger and more representative populations. Practical implications This study will give some useful information to help to improve the services offered for pregnant women in Estonia. Social implications The findings of this study may inform how to better support this target group. Originality/value There is a lack of research in Estonia that focuses on the IB of pregnant women and this research fills this gap.

Part V Safeguarding the Process, 11 Exclusionary Rules of Evidence

2018 ◽  
Author(s):  
Sourgens Frédéric Gilles ◽  
Duggal Kabir ◽  
Laird Ian A
Keyword(s):  
Public Policy ◽  
High Standard ◽  
International Arbitration ◽  
Standard Of Proof ◽  
Rules Of Evidence ◽  
Evaluation Of Evidence ◽  
Material Evidence ◽  
Do So

This chapter outlines the exclusionary rules of evidence. In the context of investor-state arbitration proceedings, all evidence proffered by the parties is admitted into the record in the absence of exceptional circumstances. A party seeking to exclude evidence typically carries the burden to convince the tribunal that it should exclude the evidence in question. In seeking to do so, it will have to meet a reasonably high standard of proof. Consequently, exclusion of evidence is warranted only in the limited circumstances when its inclusion would violate another party’s right to be heard, the equality of the parties, or fundamental principles of international public policy. Given the exceptional nature of excluding relevant and material evidence in international arbitration, the burden is on the party seeking to exclude evidence. The exceptional nature of these limitations indicates the premium placed by international arbitration on the free evaluation of evidence by the arbitrators.

Job Information Networks, Neighborhood Effects, and Inequality

2004 ◽  
Vol 42 (4) ◽  
pp. 1056-1093 ◽  
Author(s):  
Yannis M Ioannides ◽  
Linda Datcher Loury
Keyword(s):  
Human Capital ◽  
Job Search ◽  
Neighborhood Effects ◽  
Information Networks ◽  
Empirical Literature ◽  
Future Research ◽  
Sources Of Information ◽  
Related Information ◽  
Job Information

This paper explores the theoretical and empirical literature to examine the use by different social groups of informal sources of information provided by friends, relatives, and acquaintances during job search and its consequences for the job market. It also addresses the role of network structure and size, the resource endowments of contacts, and nature of the links between contacts to explain differences in the effects of job information networks. In doing so, the paper also turns to the sociology literature on job information networks and provides an economic perspective on such sociological concepts as strong versus weak ties, inbreeding, distance from structural holes, etc. The paper distinguishes between models of exogenous job information networks, that is where individuals obtain job-related information through a given social structure, and endogenous job information networks, which are social networks that result from individuals' uncoordinated actions. The paper pays special attention to such issues as physical and social proximity and sharing of information and discusses them in the context of the recent social interactions and neighborhood effects literature. Finally, the paper outlines a model that integrates job information networks, where interactions occur in business cycle frequencies, with the dynamics of human capital formation, which include the joint effects of parental, community and neighborhood human capital, and are set in life cycle frequencies, for the purpose of organizing suggestions for future research and examining earned income inequality.

scholarly journals Big data integration enhancement based on attributes conditional dependency and similarity index method

2021 ◽  
Vol 18 (6) ◽  
pp. 8661-8682
Author(s):  
Vishnu Vandana Kolisetty ◽  
◽  
Dharmendra Singh Rajput ◽  
Keyword(s):  
Big Data ◽  
Semantic Analysis ◽  
Similarity Index ◽  
Data Sources ◽  
Sources Of Information ◽  
Index Method ◽  
Related Information ◽  
Multiple Data ◽  
Integration Techniques ◽  
Conditional Dependency

<abstract> <p>Big data has attracted a lot of attention in many domain sectors. The volume of data-generating today in every domain in form of digital is enormous and same time acquiring such information for various analyses and decisions is growing in every field. So, it is significant to integrate the related information based on their similarity. But the existing integration techniques are usually having processing and time complexity and even having constraints in interconnecting multiple data sources. Many of these sources of information come from a variety of sources. Due to the complex distribution of many different data sources, it is difficult to determine the relationship between the data, and it is difficult to study the same data structures for integration to effectively access or retrieve data to meet the needs of different data analysis. In this paper, proposed an integration of big data with computation of attribute conditional dependency (ACD) and similarity index (SI) methods termed as ACD-SI. The ACD-SI mechanism allows using of an improved Bayesian mechanism to analyze the distribution of attributes in a document in the form of dependence on possible attributes. It also uses attribute conversion and selection mechanisms for mapping and grouping data for integration and uses methods such as LSA (latent semantic analysis) to analyze the content of data attributes to extract relevant and accurate data. It performs a series of experiments to measure the overall purity and normalization of the data integrity, using a large dataset of bibliographic data from various publications. The obtained purity and NMI ratio confined the clustered data relevancy and the measure of precision, recall, and accurate rate justified the improvement of the proposal is compared to the existing approaches.</p> </abstract>

scholarly journals INTERNAL R&D AND EXTERNAL INFORMATION IN KNOWLEDGE-INTENSIVE BUSINESS SERVICE INNOVATION: COMPLEMENTS, SUBSTITUTES OR INDEPENDENT?

2018 ◽  
Vol 24 (6) ◽  
pp. 2255-2276 ◽  
Author(s):  
David Doloreux ◽  
Richard Shearmur ◽  
Mercedes Rodriguez
Keyword(s):  
Information Sources ◽  
External Information ◽  
Sources Of Information ◽  
Business Services ◽  
Knowledge Intensive Business Services ◽  
Related Information ◽  
External Sources ◽  
Logistic Regressions ◽  
Knowledge Intensive ◽  
Knowledge Intensive Business Service

This paper analyses the effect of internal R&amp;D and of external sources of information on the innovation performance of Knowledge intensive business services (KIBS). The analysis is based on an establishment-level survey covering the period of 2011–2014 in Canada (Quebec). In order to determine the influence of different external information sources on innovation and the extent to which internal R&amp;D and the use of external information sources are related to innovation, a series of logistic regressions are performed on four different measures of innovation. The results show that KIBS innovation is positively connected to market-related information sources (but not to research and academic sources), that KIBS innovation is positively associated with the performance of R&amp;D, and that there are no synergies associated with the combined performance of R&amp;D and external information gathering: their effects are independent and additive. These results share some similarities, but also some important differences, with those that have been obtained from the study of R&amp;D and external information sourcing in manufacturing establishments.

scholarly journals Thai Pregnant Mobile Application: Review and Development Report

2021 ◽  
Vol 15 (13) ◽  
pp. 57
Author(s):  
Rachit Pinnarong ◽  
Sorawit Siangpipop ◽  
Atichart Harncharnchai ◽  
Acrapol Nimmolrat ◽  
Orawit Thinnukool
Keyword(s):  
Pregnant Women ◽  
Design Thinking ◽  
Physical Therapists ◽  
Sources Of Information ◽  
Thai Women ◽  
Related Information ◽  
Mobile Health Application ◽  
Health Related ◽  
Level Of Knowledge ◽  
Health Application

<p class="0abstractCxSpFirst">Since health-related information for pregnant women is extremely complex and sensitive, end-users of any application are required to have the same level of knowledge as the information providers to help them to navigate between various sources of information to ascertain the reliability of contents that are often confusing. However, although there are several such applications for Thai pregnant women in the market, few were developed based on research evidence.</p><p class="0abstractCxSpMiddle"> This study is focused on the design of a health application specifically for Thai pregnant women by extracting the explicit problems of existing applications and providing solutions to them. A design thinking methodology comprised of empathise, define, ideate, prototype and test was used as a guideline to develop a prototype app. IT experts, physical therapists and pregnant women were recruited as participants to address the problem taxonomy and obtain a solution.</p><p class="0abstractCxSpLast">The new application produced in this study with the aim of encouraging pregnant women especially for Thai women to engage in physical activity was based on research, and the input of physical therapists, IT experts and pregnant women users was able to feasibly inform the development of an acceptable and usable mobile health application for pregnant women.</p>

scholarly journals INVESTIGATIVE SITUATIONS OF INTERROGATION OF A VIOLENT CRIMINAL DEFENDANT

2021 ◽  
pp. 12-15
Author(s):  
O.V. Bespechniy ◽  
M.A. Neymark
Keyword(s):  
Preliminary Investigation ◽  
Criminal Cases ◽  
Violent Crimes ◽  
Criminal Defendant ◽  
Factors Influencing ◽  
Violent Criminal ◽  
Judicial Investigation

The article examines the problems of the tactics of interrogating the defendant when the court considerscriminal cases of violent crimes against the person. The urgency of such a study is substantiated. Theimportance of the interrogation of the defendant in the establishment by the court of the circumstances ofthe criminal event in question is noted. Typical situations of judicial investigation are determined, dependingon the position of the defendant. The differences of such situations from investigative situations emerging atthe stage of preliminary investigation are revealed. The features of investigative situations of interrogation ofthe defendant, their significance for the construction of the tactics of the judicial investigation are considered.The peculiarities of the formation of the testimony of the defendant during the judicial examination ofcriminal cases of violent crimes, the factors influencing their formation are revealed. Highlighted the typicalversions put forward by the defense when the court is considering criminal cases of violent crimes. Tacticalrecommendations for organizing the interrogation of the defendant are formulated, the circumstancesthat require clarification during interrogation are indicated, tactical techniques that can be used by theprosecution to ensure the effectiveness of the interrogation are determined.

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