scholarly journals Procedural Issues and Improvement of Judicial Review in Criminal Proceedings

2021 ◽  
Vol 12 (4) ◽  
pp. 080-093
Author(s):  
Sergey S. Tsyganenko ◽  
Keyword(s):  
Criminal Justice ◽  
Judicial Review ◽  
Justice System ◽  
Judicial System ◽  
Appellate Courts ◽  
Criminal Proceedings ◽  
Modern Development ◽  
Depth Analysis ◽  
Almost All ◽  
First Time

The article addresses the issues of the modern development of judicial forms in relation to appellate proceedings in criminal proceedings in a systematic manner and in connection with the development and formation of cassation proceedings, as well as the exceptional procedures for review – judicial supervision and consideration of cases in newly discovered circumstances. This approach has not yet been developed and in terms of the systemic approach has some ambiguities and imperfections. At the same time, this use of almost all the main forms of judicial review takes place in Russia for the first time and needs in-depth analysis. In turn, the appellate procedure for judicial activity in the criminal process has reached a new level, it has significantly expanded and strengthened. A special judicial unit has been established in the judicial system, five appellate courts, which, in the light of the improvement of the procedural procedure for reviewing an appeal, significantly changes its position in the criminal justice system, due, in particular, to the properties of freedom of appeal and appellate validity of decisions and actions.

scholarly journals Prosecutor’s activity model as the most important guideline for reforming the system of criminal proceedings

2021 ◽  
Vol 108 ◽  
pp. 04002
Author(s):  
Nina Sergeevna Manova ◽  
Anna Yurievna Churikova
Keyword(s):  
Criminal Justice ◽  
Justice System ◽  
Criminal Proceedings ◽  
Normative Model ◽  
Activity Model ◽  
Legal Method ◽  
Legal Model ◽  
Main Factors ◽  
First Time

The problems associated with the development of a normative model of the prosecutor’s activity in criminal proceedings and the way in which such a model can affect the direction of reforming the entire criminal process are considered by the authors. Purpose: to analyze the influence of the prosecutor’s activity model on the effectiveness of achieving the purpose of criminal proceedings, to propose the directions for reforming the criminal justice system. Methods: The study uses the method of legal modeling, statistical and sociological methods of cognition, as well as the comparative legal method. Results and novelty: The novelty of the study is expressed in the fact that for the first time an attempt was made to reveal the influence of the prosecutor’s activity model on the directions of reforming the criminal proceedings. The results of the study include the identification of the main factors that determine the construction of a legal model of the prosecutor’s activity in the field of criminal proceedings and the determination of the directions of the possible influence of this model on the reform of the system of criminal proceedings.

Prospects for the Implementation of Special Conciliation Procedures in the Russian Criminal Process

2020 ◽  
Vol 9 ◽  
pp. 99-104
Author(s):  
E. V. Markovicheva ◽  
Keyword(s):  
Criminal Justice ◽  
Restorative Justice ◽  
Justice System ◽  
Criminal Procedure ◽  
Legal Analysis ◽  
Criminal Proceedings ◽  
Criminal Process ◽  
Traditional System ◽  
Common Features ◽  
Legal Method

In the 21st century, the concept of restorative justice has become widespread in criminal proceedings. The introduction of special compromise procedures into the criminal process allows for the restoration of the rights of the victim and reduces the level of repression in the criminal justice system. The traditional system of punishment is considered ineffective, not conducive to the purpose of compensating for harm caused by the crime. Restorative justice enables the accused to compensate for the harm caused by the crime and is oriented not towards their social isolation, but towards further positive socialization. The introduction of the ideas of restorative justice into the Russian criminal process requires the introduction of special conciliation procedures. The purpose of the article is to reveal promising directions for introducing special conciliation procedures into the Russian criminal process. The use of the formal legal method provided an analysis of the norms of criminal procedure legislation and the practice of its application. Comparative legal analysis revealed common features in the development of models of restorative justice in modern states. Conclusions. The introduction of conciliation procedures into the Russian criminal process is in line with the concept of its humanization and reduction of the level of criminal repression. The consolidation of the mediator»s procedural status and the mediation procedure in the criminal procedure legislation will make it possible to put into practice the elements of restorative justice.

Out of the Picture: Latinx and White Male Youths’ Facial Features Predict Their Juvenile Justice System Processing Outcomes

2021 ◽  
pp. 001112872199934
Author(s):  
Jacqueline M. Chen ◽  
Adam D. Fine ◽  
Jasmine B. Norman ◽  
Paul J. Frick ◽  
Elizabeth Cauffman
Keyword(s):  
Criminal Justice ◽  
Juvenile Justice ◽  
Justice System ◽  
Juvenile Justice System ◽  
White Male ◽  
Facial Features ◽  
Legal Decisions ◽  
Increased Risk ◽  
First Time ◽  
To Receive

Adults’ facial characteristics predict whether and how severely they are sentenced in the adult criminal justice system. We investigate whether characteristics of White and Latinx male youths’ faces predict the severity of their processing in the juvenile justice system. Among a sample of first-time offenders, despite no differences in the severity of their offenses, youth who were perceived by naïve observers as more dominant, less trustworthy, less healthy, and having darker skin were more likely to receive harsher sanctions. Thus, extralegal factors like appearance may bias legal decisions that place some youth at increased risk for more restrictive sanctioning. Our findings highlight the need for structured approaches to juvenile processing decisions that take youths’ appearance out of the picture.

What of the Child? Preventing the Publication of Children's Names After the Age of 18

2021 ◽  
Vol 24 ◽  
pp. 1-31
Author(s):  
Sophy Baird
Keyword(s):  
Criminal Justice ◽  
Criminal Justice System ◽  
Justice System ◽  
Freedom Of Expression ◽  
Best Interests ◽  
Child Victims ◽  
Criminal Proceedings ◽  
The Right To Privacy ◽  
The Face ◽  
The Right

Children are afforded a number of protections when they encounter the criminal justice system. The need for special protection stems from the vulnerable position children occupy in society. When children form part of the criminal justice system, either by being an offender, victim, or witness, they may be subjected to harm. To mitigate against the potential harm that may be caused, our law provides that criminal proceedings involving children should not be open to the public, subject to the discretion of the court. This protection naturally seems at odds with the principle of open justice. However, the courts have reconciled the limitation with the legal purpose it serves. For all the protection and the lengths that the law goes to protect the identity of children in this regard, it appears there is an unofficial timer dictating when this protection should end. The media have been at the forefront of this conundrum to the extent that they believe that once a child (offender, victim, or witness) turns 18 years old, they are free to reveal the child's identity. This belief, grounded in the right to freedom of expression and the principle of open justice, is at odds with the principle of child's best interests, right to dignity and the right to privacy. It also stares incredulously in the face of the aims of the Child Justice Act and the principles of restorative justice. Measured against the detrimental psychological effects experienced by child victims, witnesses, and offenders, this article aims to critically analyse the legal and practical implications of revealing the identity of child victims, witnesses, and offenders after they turn 18 years old.

THE POSITION OF QANUN 6 OF 2014 ON JINAYAT LAW TOWARD ACT 11 OF 2012 ON JUVENILE CRIMINAL JUSTICE SYSTEM RELATED TO CHILD CRIMINAL PUNISHMENT

2021 ◽  
Vol 10 (1) ◽  
pp. 65
Author(s):  
Rifqi Qowiyul Iman
Keyword(s):  
Criminal Justice ◽  
Criminal Justice System ◽  
Judicial Review ◽  
Justice System ◽  
National Level ◽  
Legal Rules ◽  
Criminal Sanctions ◽  
Track System ◽  
Double Track ◽  
Rule Out

This paper aims to describe the differences and the position of the legal rules for juvenile crimes between Qanun 6 of 2014 and Law Number 11 of 2012 concerning the Juvenile Criminal Justice System.  This research is descriptive qualitative research. The results show that Qanun Number 6 of 2014 also regulates criminal sanctions for children, which are normatively regulated in Law Number 11 of 2012. In addition, Qanun, as Aceh Islamic criminal law legalizes canning punishment for children, as well as the double-track system adopted by The Law of Juvenile Criminal Justice System is not explicitly accommodated in Qanun. Qanun at the level of a Regional Regulation is part of the hierarchy of laws and regulations that should be in line with what generally applies at the national level. Law Number 11 of 2006 is being the basis of the authority to make Qanun, as long as there is no court decision invalidates it, Qanun Number 6 of 2014, which is a derivative of Law Number 11 of 2006, can be declared as "lex specialis" of The Juvenile Criminal Justice System law which regulates child crime. However, it does not rule out the possibility that in the future, the judicial review of the article can be conducted.

scholarly journals Discreet Discretion and Moderate Moderation in Judicial Sentencing: A commentary on Kenya’s Sentencing Policy Guidelines, 2016

2017 ◽  
Vol 3 (1) ◽  
pp. 89-112
Author(s):  
Harrison O Mbori
Keyword(s):  
Criminal Justice ◽  
Criminal Justice System ◽  
Criminal Law ◽  
Justice System ◽  
Cultural Development ◽  
Judicial System ◽  
Sentencing Guidelines ◽  
Criminal Sentencing ◽  
Administration Of Justice ◽  
Sentencing Policy

Criminal sentencing is an integral part in any judicial system for the fair administration of justice. The process of sentencing and the standards applied by judicial officers has, however, been a notoriously difficult component in many criminal law systems. In Kenya, sentencing has been blamed as one of the sources of ‘popular dissatisfaction with the administration of justice’ to borrow from Roscoe Pound. This was the impetus for the Kenyan Judiciary to introduce the Sentencing Policy Guidelines, 2016 (SPGs). This paper is a general commentary, critique, and analysis of the SPGs. The author argues that SPGs come at an instructive epoch in Kenya’s economic, socio-political, and cultural development. This contribution is not a polemic on the Kenyan SPGs. The commentary makes sideglances to various jurisdictions that have had a longer experience with sentencing guidelines. The article forecasts that Kenyan SPGs will, despite its few shortcomings, nevertheless, prove to be important for all judicial officers involved in Kenya’s criminal justice system.

Legal challenges in bringing AI evidence to the criminal courtroom

2021 ◽  
pp. 203228442110570
Author(s):  
Katherine Quezada-Tavárez ◽  
Plixavra Vogiatzoglou ◽  
Sofie Royer
Keyword(s):  
Criminal Justice ◽  
Criminal Law ◽  
Justice System ◽  
Case Law ◽  
Fair Trial ◽  
Criminal Proceedings ◽  
Legal Challenges ◽  
Criminal Courtroom ◽  
European Criminal Law ◽  
Applications Of Ai

Artificial Intelligence (AI) is rapidly transforming the criminal justice system. One of the promising applications of AI in this field is the gathering and processing of evidence to investigate and prosecute crime. Despite its great potential, AI evidence also generates novel challenges to the requirements in the European criminal law landscape. This study aims to contribute to the burgeoning body of work on AI in criminal justice, elaborating upon an issue that has not received sufficient attention: the challenges triggered by AI evidence in criminal proceedings. The analysis is based on the norms and standards for evidence and fair trial, which are fleshed out in a large amount of European case law. Through the lens of AI evidence, this contribution aims to reflect on these issues and offer new perspectives, providing recommendations that would help address the identified concerns and ensure that the fair trial standards are effectively respected in the criminal courtroom.

Diversion in the Criminal Justice System

2020 ◽  
Author(s):  
Michael Mueller-Smith ◽  
Kevin T. Schnepel
Keyword(s):  
Criminal Justice ◽  
Criminal Justice System ◽  
Justice System ◽  
Harris County ◽  
Natural Experiments ◽  
Abrupt Changes ◽  
Or Practice ◽  
Employment Rates ◽  
First Time ◽  
Second Chance

Abstract This article provides the first causal estimates on the popular, cost-saving practice of diversion in the criminal justice system, an intervention that provides offenders with a second chance to avoid a criminal record. We exploit two natural experiments in Harris County, Texas where first-time felony defendants faced abrupt changes in the probability of diversion. Using administrative data and regression discontinuity methods, we find robust evidence across both experiments that diversion cuts reoffending rates in half and grows quarterly employment rates by nearly 50% over 10 years. The change in trajectory persists even 20 years out and is concentrated among young black men. An investigation of mechanisms strongly suggests that stigma associated with a felony conviction plays a key role in generating these results. Other possible mechanisms including changes in incarceration, other universal adjustments in policy or practice, and differences in criminal processing are ruled out empirically.

Using the Megargee System among Belgian Prisoners: Cross-Cultural Prevalence of the MMPI-2 Based Types

2007 ◽  
Vol 100 (3) ◽  
pp. 746-754 ◽  
Author(s):  
Michèle Sneyers ◽  
Hedwig Sloore ◽  
Gina Rossi ◽  
Jan J. L. Derksen
Keyword(s):  
Criminal Justice ◽  
Justice System ◽  
Minnesota Multiphasic Personality Inventory ◽  
Cross Cultural ◽  
Data Types ◽  
Prevalence Data ◽  
Federal Prisons ◽  
Preliminary Study ◽  
Male Inmates ◽  
First Time

On the basis of the Minnesota Multiphasic Personality Inventory, and later the MMPI-2, E, I. Megargee and colleagues empirically developed a classification system to enhance management and treatment of offenders throughout the criminal justice system. This preliminary study extended the application of the MMPI-2 based system for the first time to a non-U.S. prison sample and classified the MMPI-2 profiles of 1,636 male inmates from Belgian federal prisons. The typology was capable of classifying most of the subjects and all 10 Megargee types were represented. Compared to American prevalence data, types Delta and Charlie were overrepresented and type George was underrepresented. Issues that warrant further investigation are discussed.

THE MINORS IN PENAL SYSTEMS IN SELECTED COUNTRIES OF THE EUROPEAN UNION

2015 ◽  
Vol 1 (1) ◽  
pp. 0-0 ◽  
Author(s):  
Sylwia Gwoździewicz
Keyword(s):  
Czech Republic ◽  
Criminal Justice ◽  
Criminal Justice System ◽  
Justice System ◽  
Specific Interaction ◽  
European Countries ◽  
Legal Systems ◽  
The European Union ◽  
Criminal Proceedings ◽  
A Minor

In foreign jurisdictions, various models of responsibility for juvenile offenses are adopted. In many countries, like Poland, entirely separate regulations in this field are adopted (England and Wales, Austria, Belgium, Czech Republic, France, Spain, Ireland, Germany, Scotland, Switzerland, Sweden). In other countries like (Slovakia, Belarus, Estonia, Greece to 2003, the Netherlands, Lithuania, Russia, Slovenia, Ukraine), there are specific rules of responsibility of minors included in criminal codes and codes of criminal proceedings. Different solutions in this regard are partly due to the different traditions of legal systems, and partly due to various axiomatic justifications formulated in these matters. Review of legislation on minority in selected European countries: Poland, Slovakia and the Czech Republic shows that in terms of the approach to the problem of minority in all legal systems, specific interaction of children and young people who come into conflict with the criminal law are included, as well as those that show signs of corruption, making their proper personal and social development threatened. Adoption of selected concepts of minors legislation, however, does not mean more or less severe approach to the liability of minors.Both discussed issues the theoretical and practical ones, are the subject of the deliberations beneath, their structure includes: <br/>1. Problems of minors in the European countries <br/>2. Minors in Polish criminal justice system <br/>3. Minors’ responsibility in Slovakian criminal justice system <br/> 4. Czech criminal justice system in relation to a minor

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