scholarly journals Institutional problems in the indian judicial system relating to admissibility of scientific evidence: Causes and remedies

2021 ◽  
Vol 6 (2) ◽  
pp. 43-46
Author(s):  
Anjum Parveer ◽  
Sandhya Verma
Keyword(s):  
Criminal Law ◽  
Scientific Evidence ◽  
Judicial System ◽  
Forensic Evidence ◽  
Court Proceeding

Problems with Justice are many although the object of every criminal Law is Justice, because Administration of Law always seeks to fair conclusion of Criminal Litigation. However, there are many stakeholders like Police, Court and State and also Prosecution and Accused in this process, who according to their interest make all out attempt to drag the course of Court proceeding towards the ends favourable to them. This article analyzes these sorts of institutional problems in the field of Admissibility of forensic evidence.

Justice et utopie chez Thomas More

Moreana ◽  
2013 ◽  
Vol 50 (Number 193- (3-4) ◽  
pp. 54-73
Author(s):  
Nicolas Tenaillon
Keyword(s):  
Social Justice ◽  
Criminal Law ◽  
Judicial System ◽  
16Th Century ◽  
Divine Providence ◽  
Thomas More ◽  
The Future

As a renowned jurist first and then as a top politician, Thomas More has never given up researching about a judicial system where all the fields of justice would be harmonized around a comprehensive logic. From criminal law to divine providence, Utopia, despite its eccentricities, proposes a coherent model of Christian-inspired collective living, based on a concern for social justice, something that was terribly neglected during the early 16th century English monarchy. Not only did History prove many of More’s intuitions right, but above all, it gave legitimacy to the utopian genre in its task of imagining the future progress of human justice and of contributing to its coming.

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.

Probabilistic Evaluation of SMS Messages as Forensic Evidence

2013 ◽  
pp. 138-149
Author(s):  
Shunichi Ishihara
Keyword(s):  
Likelihood Ratio ◽  
Low Cost ◽  
Scientific Evidence ◽  
Short Message ◽  
Likelihood Ratios ◽  
Forensic Evidence ◽  
Probabilistic Evaluation ◽  
Popular Medium ◽  
Log Likelihood ◽  
Message Service

This study is one of the first likelihood ratio-based forensic text comparison studies in forensic authorship analysis. The likelihood-ratio-based evaluation of scientific evidence has started being adopted in many disciplines of forensic evidence comparison sciences, such as DNA, handwriting, fingerprints, footwear, voice recording, etc., and it is largely accepted that this is the way to ensure the maximum accountability and transparency of the process. Due to its convenience and low cost, short message service (SMS) has been a very popular medium of communication for quite some time. Unfortunately, however, SMS messages are sometimes used for reprehensible purposes, e.g., communication between drug dealers and buyers, or in illicit acts such as extortion, fraud, scams, hoaxes, and false reports of terrorist threats. In this study, the author performs a likelihood-ratio-based forensic text comparison of SMS messages focusing on lexical features. The likelihood ratios (LRs) are calculated in Aitken and Lucy’s (2004) multivariate kernel density procedure, and are calibrated. The validity of the system is assessed based on the magnitude of the LRs using the log-likelihood-ratio cost (Cllr). The strength of the derived LRs is graphically presented in Tippett plots. The results of the current study are compared with those of previous studies.

Forensic Technologies in the Courtroom

2018 ◽  
Vol 9 (4) ◽  
pp. 15-28
Author(s):  
Vincenzo Antonio Sainato ◽  
Jessica A Giner
Keyword(s):  
Scientific Evidence ◽  
The Body ◽  
Policy Recommendation ◽  
Psychology Research ◽  
Criminal Proceedings ◽  
Probative Value ◽  
Digital Animation ◽  
Legal Psychology ◽  
Court Proceeding

Forensic animation is the use of digital animation technologies to recreate or simulate an event for use as probative evidence in a court proceeding. Acceptance by courts of this technology varies by jurisdiction. Some courts disallow its use because of the technology's prejudicial impact when weighed against the probative value and perceived tendency to bias jurors; such courts typically do not consider the relevant legal psychology research. This article examines the body of scientific evidence with respect to value of the technology, with a focus on criminal proceedings. It concludes with a policy recommendation for courts to employ in light of these considerations.

When the Child Surpasses the Father – Admissible Defences in International Criminal Law

2008 ◽  
Vol 8 (3) ◽  
pp. 509-532 ◽  
Author(s):  
Caroline Fournet
Keyword(s):  
International Law ◽  
Criminal Law ◽  
International Criminal ◽  
Criminal Responsibility ◽  
Judicial System ◽  
International Criminal Law ◽  
International Criminal Justice ◽  
Public International Law ◽  
International Crimes ◽  
Individual Criminal Responsibility

AbstractDue to the heinous nature of international crimes, admissible defences in the context of international criminal justice understandably constitute an issue surrounded with controversy. Yet, while International Criminal Law precludes the use of a series of defences, it also admits that certain grounds may exclude individual criminal responsibility or mitigate punishment even in the case of the most serious international crimes. The present study thus proposes to analyse the permissibility of these defences and the availability of such grounds for excluding responsibility by drawing a comparison between Public International Law and International Criminal Law and by highlighting the differences and discrepancies between the two systems. Ultimately, this analysis aims at demonstrating that International Criminal Law, one of Public International Law's children, has now surpassed its parent to become a more sophisticated and a fairer legal and judicial system, for both the defendants and the victims.

Forensic Science

2005 ◽  
Vol 33 (3) ◽  
pp. 535-544 ◽  
Author(s):  
Paul C. Giannelli
Keyword(s):  
Law Enforcement ◽  
Criminal Law ◽  
Scientific Evidence ◽  
United States Supreme Court ◽  
The United States ◽  
Private Life ◽  
The Third ◽  
Long Run ◽  
Informant Testimony ◽  
Eyewitness Identifications

The United States Supreme Court has long recognized the value of scientific evidence - especially when compared to other types of evidence such as eyewitness identifications, confessions, and informant testimony. For example, in Escobedo v. Illinois, the Court observed: “We have learned the lesson of history, ancient and modern, that a system of criminal law enforcement which comes to depend on the ‘confession’ will, in the long run, be less reliable and more subject to abuses than a system which depends on extrinsic evidence independently secured through skillful investigation.” Similarly, in Davis v. Mississippi, the Court commented:Detention for fingerprinting may constitute a much less serious intrusion upon personal security than other types of police searches and detentions. Fingerprinting involves none of the probing into an individual's private life and thoughts that marks an interrogation or search. Nor can fingerprint detention be employed repeatedly to harass any individual, since the police need only one set of each person's prints. Furthermore, fingerprinting is an inherently more reliable and effective crime-solving tool than eyewitness identifications or confessions and is not subject to such abuses as the improper line-up and the “third degree.”

scholarly journals Traditional Criminal Law Existence in the Settlement of Criminal Action in the Environmental Field in Indonesia

2021 ◽  
Vol 12 (6) ◽  
pp. 1467-1478
Author(s):  
Mohamad Syarhan, Nyoman Serikat Putra Jaya, Bambang Hartono
Keyword(s):  
Criminal Justice ◽  
Criminal Law ◽  
Justice System ◽  
Judicial System ◽  
Illegal Logging ◽  
Legal Research ◽  
Management Tools ◽  
Criminal Sanctions ◽  
Fish Poisoning ◽  
Fish Poison

Many cases of environmental pollution and illegal logging have caused alarming damage to the environment. In the Law regarding Environmental Protection and Management, tools to protect the environment have been regulated. One of which is the application of criminal sanctions, but in Indonesia, some laws live in society, one of which is customary criminal law which can also solve criminal acts in the environmental sector. This research aims to analyze the existence of customary criminal law in the settlement of crimes in the environmental sector. This research is legal research with normative juridical research. The results of this study will be presented in descriptive form. The results showed that Hulsman said the criminal justice system had caused suffering because it could not work according to its objectives and did not carry out the principle of accountability. This judicial system had innate defects. In settlement of criminal acts in the environmental sector, examples of customary criminal law are the settlement of fish poisoning cases committed by some Paya Village Village residents. They use fish poison from plants (tuba), Lannet in the form of flour, Bistox in liquid, and Decis, which is liquid.

scholarly journals THE SCIENTIFIC LEGACY OF COMPARATIVE CRIMINAL STUDIES

2015 ◽  
Vol 1 (5) ◽  
pp. 0-0 ◽  
Author(s):  
Сергей Кубанцев ◽  
Sergey Kubantsev ◽  
Илья Власов ◽  
Ilya Vlasov ◽  
Ольга Семыкина ◽  
...  
Keyword(s):  
Criminal Law ◽  
Comparative Studies ◽  
Criminal Procedure ◽  
High Standard ◽  
Judicial System ◽  
Scientific Legacy ◽  
Global Research

The paper retrospectively reviews comparative studies in the fields of criminal law, criminology, penitentiary law, criminal procedure and judicial system conducted at the Institute since its formation in 1925, and which have maintained a high standard for over 90 years. The authors present the quintessence of the brightest and most global research of the Institute, conducted by such researchers of comparativism as M. N. Gernet, A. A. Herzensohn, M. M. Grodzinskiy, A. A.Zhizhilenko, M. M. Isaev, P. I. Lyublinskiy, A. I. Lubenskiy, B. S. Mankovskiy, I. B. Michaelovskaya, B. S. Nikiforov, N. N. Pashe-Ozerskiy, A. A. Piontkovskiy, F. M. Reshetnikov, A. A. Trainin, E. G. Shirwindt, A. Y. Estrin and others. The review indicates the tendency to further enrich the heritage of the criminal comparative studies by the strength of the Institute.

Sign in / Sign up

Export Citation Format

Share Document