Coercion of Guilty Plea by Judge after Impaneling Jury Creates Double Jeopardy: Criminal Procedure. Constitutional Law. Civil Rights

1964 ◽  
Vol 16 (3) ◽  
pp. 713
Author(s):  
Michael R. Flicker
Keyword(s):  
Civil Rights ◽  
Constitutional Law ◽  
Criminal Procedure ◽  
Double Jeopardy ◽  
Guilty Plea

scholarly journals Peculiarities of implementation of the principle of legality in the criminal process of Ukraine

2021 ◽  
Vol 1 (1) ◽  
pp. 253-257
Author(s):  
Oleksiy Skryabin ◽  
Dmytro Sanakoiev
Keyword(s):  
Civil Rights ◽  
Criminal Procedure ◽  
Limiting Factor ◽  
Criminal Proceedings ◽  
Legal Regime ◽  
Criminal Process ◽  
Procedural Law ◽  
Judicial Proceedings ◽  
Principle Of Legality ◽  
Discretionary Powers

The article analyzes the principles of criminal procedure, which are the expression of the prevailing political and legal ideas of the state, relate to the tasks and methods of judicial proceedings in criminal proceedings, are enshrined in law and operate throughout all stages and necessarily in its central stage. Modern theoretical ideas about the system of principles of criminal proceedings are still in the stage of active methodological and ideological rethinking. Discussions continue both on the concept and features of the principles of criminal proceedings, their system, and on the peculiarities of implementation at different stages of the criminal process. Violation of the principles of criminal procedure is a sign of illegality of decisions in the criminal and becomes the basis for the cancellation of these decisions. The principle of legality characterizes the legal regime of strict and mandatory observance of laws in law enforcement practice, which manifests itself in criminal proceedings, limits the discretionary powers of the pre-trial investigation, prosecutor's office and court. The principle of legality becomes an opportunity to transfer criminal proceedings from one procedural stage to another only on the basis of the law and in a strictly defined sequence. Legality is one of the guarantees of establishing the truth in a criminal case, which ensures the protection of human and civil rights and freedoms. The principle of legality is characterized by mandatory observance of laws in criminal proceedings, is a limiting factor in the discretion of the pre-trial investigation, prosecution and court. Due to the implementation of the principle of legality, the shortcomings and gaps in the criminal process that exist in criminal procedural law can be overcome.

scholarly journals Constitutional reform 2020 and problems of protection of rights and freedoms of human and citizen in Russian Federation

2021 ◽  
Vol 39 (3) ◽  
pp. 47-51
Author(s):  
N. А. Gazimagomedova ◽  
Keyword(s):  
Civil Rights ◽  
Russian Federation ◽  
Constitutional Law ◽  
Federal District ◽  
Constitutional Reform ◽  
The North ◽  
The Russian Federation

The article discusses the problems of further improving the theory and legislation of constitutional law, as well as the practice of ensuring and protecting human and civil rights and freedoms in the Russian Federation based on the novels of the constitutional reform of 2020. All-Russian requirements in the regions of the North Caucasian Federal District.

Constitutional Law: Criminal Procedure: Comment by Judge on Evidence

1932 ◽  
Vol 30 (8) ◽  
pp. 1303
Author(s):  
John Selden Tennant
Keyword(s):  
Constitutional Law ◽  
Criminal Procedure

scholarly journals Research on the Rules of Electronic Evidence in Chinese Criminal Proceedings

2020 ◽  
Vol 12 (3) ◽  
pp. 111-121
Author(s):  
Jin Du ◽  
Liping Ding ◽  
Guangxuan Chen
Keyword(s):  
Civil Rights ◽  
State Power ◽  
Criminal Procedure ◽  
Practical Significance ◽  
Criminal Proceedings ◽  
Electronic Evidence ◽  
Judicial Practice ◽  
Definition Of

As a new object in judicial practice, electronic evidence is of great practical significance. To locate the probative force of electronic evidence, which can be used to prove the facts of the crime, judging the electronic evidence validity, and how to establish scientific rules of electronic evidence, which not only effectively contains crime, but also protects civil rights from illegal infringement of state power becomes very important. This article outlines the definition of electronic evidence and rules and establishes a suitable electronic evidence system of China's criminal procedure system based on the analysis of problems in each link of judicial proof in judicial practice and the four aspects of judicial proof.

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