NATO Status of Forces Agreement—primary right to exercise jurisdiction—offenses committed in performance of official duty—judicial review of characterization of such offenses—double jeopardy

1999 ◽  
Vol 93 (1) ◽  
pp. 219-224 ◽  
Author(s):  
Bernard H. Oxman ◽  
Annalisa Ciampi
Keyword(s):  
Judicial Review ◽  
The United States ◽  
Northern Italy ◽  
Public Prosecutor ◽  
The Public ◽  
Ski Resort ◽  
Car Accident ◽  
Level Training ◽  
Italian Constitution

Public Prosecutor v. Ashby. Judgment No. 161/98.Court of Trento, Italy, July 13, 1998.On February 3, 1998, a U.S. Marine EA-6B aircraft, redeployed at Aviano air base as part of Operation Deliberate Guard in support of the multinational Stabilization Force (SFOR) in Bosnia, was on a low-level training mission over northern Italy when it severed the wires of the cable car at the Cermis ski resort near Cavalese, causing the deaths of twenty people. Because the exercise of criminal action is mandatory under Article 112 of the Italian Constitution, the public prosecutor decided that he had to institute preliminary investigations immediately, with a view to determining whether to prosecute. On July 13, 1998, an Italian judge, in a preliminary hearing, rejected the prosecutor's request that seven U.S. servicemen stand trial for the cable-car accident. The judge found that, under Article VII, paragraph 3(a) (ii) of the NATO Status of Forces Agreement (NATO SOFA), the United States, as the sending state, had the primary right to exercise jurisdiction over the case and that jurisdiction had not been waived. Accordingly, the judge dismissed the case.

“Visible” and “Invisible” Victims in the Criminal Justice System

2021 ◽  
pp. 1-23
Author(s):  
Armando Saponaro
Keyword(s):  
Criminal Justice ◽  
Criminal Justice System ◽  
Justice System ◽  
Common Law ◽  
The United States ◽  
Public Prosecutor ◽  
Law System ◽  
The Public ◽  
The United Kingdom ◽  
Victim Impact Statement

This chapter outlines the “conflict” and “peace-keeping” victim-oriented justice paradigms. The latter empowers the victims of crime, putting them at the center of an encounter and using interindividual mediation or collective circles to address conflict resolution. Two models are critically discussed in the conflict victim-oriented justice paradigm. The European continental “visible victim” model structures the role of the victim as a full-fledged processual party together with the public prosecutor and offender. In this model, the victim has the same rights and powers of the defendant. The “invisible victim” common law model views the victim as a trial witness, participating, for example, through a victim impact statement (in the United States) or victim personal statement (in the United Kingdom) at the sentencing stage. The visible victim conflict paradigm model enhances a victim's role and involvement in the criminal justice system, offering a solution to existing controversial and critical common law system issues.

scholarly journals Listeria monocytogenes Isolates from Foods and Humans Form Distinct but Overlapping Populations

2004 ◽  
Vol 70 (10) ◽  
pp. 5833-5841 ◽  
Author(s):  
Michael J. Gray ◽  
Ruth N. Zadoks ◽  
Esther D. Fortes ◽  
Belgin Dogan ◽  
Steven Cai ◽  
...  
Keyword(s):  
Listeria Monocytogenes ◽  
Plaque Assay ◽  
Virulence Gene ◽  
The United States ◽  
Polymorphism Analysis ◽  
Genetic Lineages ◽  
The Public ◽  
Cell Spread ◽  
Specific Food

ABSTRACT A total of 502 Listeria monocytogenes isolates from food and 492 from humans were subtyped by EcoRI ribotyping and PCR-restriction fragment length polymorphism analysis of the virulence gene hly. Isolates were further classified into genetic lineages based on subtyping results. Food isolates were obtained through a survey of selected ready-to-eat food products in Maryland and California in 2000 and 2001. Human isolates comprised 42 isolates from invasive listeriosis cases reported in Maryland and California during 2000 and 2001 as well as an additional 450 isolates from cases that had occurred throughout the United States, predominantly from 1997 to 2001. Assignment of isolates to lineages and to the majority of L. monocytogenes subtypes was significantly associated with the isolate source (food or human), although most subtypes and lineages included both human and food isolates. Some subtypes were also significantly associated with isolation from specific food types. Tissue culture plaque assay characterization of the 42 human isolates from Maryland and California and of 91 representative food isolates revealed significantly higher average infectivity and cell-to-cell spread for the human isolates, further supporting the hypothesis that food and human isolates form distinct populations. Combined analysis of subtype and cytopathogenicity data showed that strains classified into specific ribotypes previously linked to multiple human listeriosis outbreaks, as well as those classified into lineage I, are more common among human cases and generate larger plaques than other subtypes, suggesting that these subtypes may represent particularly virulent clonal groups. These data will provide a framework for prediction of the public health risk associated with specific L. monocytogenes subtypes.

Comment on “Which Earthquake Accounts Matter?” by Susan E. Hough and Stacey S. Martin

2021 ◽  
Author(s):  
David J. Wald
Keyword(s):  
Demographic Data ◽  
The United States ◽  
Macroseismic Data ◽  
Online Data ◽  
The Public ◽  
The World ◽  
Online Data Collection ◽  
Large Earthquakes ◽  
The U.S

Abstract In their analysis of the U.S. Geological Survey’s (USGS) “Did You Feel It?” (DYFI) data Hough and Martin (2021) claim, among other assertions, that the following: Socioeconomic and geopolitical factors can introduce biases in the USGS’ characterization of earthquakes and their effects, especially if online data collection systems are not designed to be broadly accessible;These biases can, in turn, potentially cascade in myriad ways, potentially shaping our understanding of an earthquake’s impact and the characterization of seismic hazard; andCaution should be urged when relying on data from the DYFI system to characterize the distribution of shaking from large earthquakes in India and other parts of the world (outside of the United States). Claims of inequity in access, systematic data biases, or urging caution in the usage of data from critical governmental earthquake information systems should not be made, nor taken, lightly. Several assertions made by Hough and Martin (hereafter, H&M) about the nature of DYFI contributors—and the data they provide—leave a false narrative concerning DYFI system accessibility and quality that H&M have not adequately substantiated. I describe several shortcomings of H&M’s demographic statistics and methodology, focusing on four main concerns. First, DYFI has revolutionized and greatly facilitated access to reporting intensities, in contrast to H&M claims to the contrary. Second, because DYFI does not directly collect demographic data other than the observer’s location, any demographic analyses require extraordinary inferences, well outside the normal bounds of sociodemographic analyses. Third, independent of accessibility and the geographic distribution of contributions from the public, the macroseismic data collected are nonetheless representative of the shaking and impact at each location, of quality, rapid, and thus extremely useful. Lastly, H&M fail to cite critical and pertinent prior, highly relevant scholarly studies, and as such, they misrepresent the novelty of their own work as well as miss key practical matters detailed in those prior studies. Prior to rebutting what H&M claim DYFI does not do, I will remind the reader the ways in which DYFI excels.

scholarly journals Deadlines and Comprehensive Regulations

2012 ◽  
Vol 19 ◽  
pp. 74
Author(s):  
Jonathan Porat
Keyword(s):  
Judicial Review ◽  
Regulatory Reform ◽  
The United States ◽  
United States Government ◽  
Regulatory Regime ◽  
The Public ◽  
The Us ◽  
Regulatory Development ◽  
The Government ◽  
Regulatory Analysis

There is a large push by the United States government to improve the effectiveness and responsiveness of the US regulatory regime. Established proposals aim to improve US regulatory policy by making it easier for the public to use judicial review as a tool to respond to overly burdensome regulations. Much of the debate over the effectiveness of these proposals focuses on more visible regulatory outcomes. Unfortunately, the effect of judicial review on regulatory development is often overlooked. If judicial review promotes less comprehensive regulatory analysis through the presence of inflexible judicial deadlines, then regulatory reform promoting judicial review ironically may not prevent negative regulatory outcomes. This paper empirically measures whether regulations with judicial deadlines are developed less comprehensively than regulations with laxer statutory deadlines. This paper will determine how the differences in the development of regulations with judicial deadlines should influence the way that the government analyzes proposals for regulatory reform.

scholarly journals PECULIARITIES OF CRIMINAL-PROCEDURAL ACTIVITY OF THE PUBLIC PROSECUTOR IN PRE-TRIAL PROCEEDINGS IN FOREIGN COUNTRIES

2016 ◽  
Vol 1 (6) ◽  
pp. 0-0
Author(s):  
Ксения Таболина ◽  
Kseniya Tabolina
Keyword(s):  
Preliminary Investigation ◽  
Criminal Procedure ◽  
The United States ◽  
Public Prosecutor ◽  
Kyrgyz Republic ◽  
Federal Republic Of Germany ◽  
The Public ◽  
Foreign Countries ◽  
Independent States ◽  
The Republic

This article is dedicated to peculiarities of criminal-procedural activity of the Public Prosecutor in pre-trial proceedings in foreign countries. In this regard, the author studied the provisions of the constitutional and criminal procedure legislation of all member states of the Commonwealth of Independent States (the Azerbaijan Republic, the Republic of Armenia, the Republic of Belarus, the Republic of Kazakhstan, the Kyrgyz Republic, Moldova, Tajikistan, Turkmenistan, Uzbekistan, Ukraine), Georgia, and Federal Republic of Germany, and presented in the article foreign experience of the French Republic and the United States of America. According to the results of the analysis the conclusion is drawn concerning the role of public prosecution in foreign countries, the main activities of the Public Prosecutor in pre-trial criminal procedure of these countries and the scope of the powers of the Public Prosecutor in pre-trial proceedings in foreign countries and its relationship with the form of the preliminary investigation.

Calling all Campy – how routine investigation and molecular characterization impacts the understanding of campylobacteriosis epidemiology – Alaska, United States, 2004–2013

2015 ◽  
Vol 144 (2) ◽  
pp. 265-267 ◽  
Author(s):  
L. J. CASTRODALE ◽  
G. M. PROVO ◽  
C. M. XAVIER ◽  
J. B. McLAUGHLIN
Keyword(s):  
Public Health ◽  
United States ◽  
Molecular Characterization ◽  
Case Reports ◽  
Health Impact ◽  
The United States ◽  
Outbreak Detection ◽  
Incident Case ◽  
The Public

SUMMARYUnlike most jurisdictions in the United States, Alaska performs pulsed-field gel electrophoresis (PFGE) characterization of all Campylobacter sp. isolates at the state public health laboratory – a practice that started in 2002. Moreover, in order to ensure early detection and response to campylobacteriosis outbreaks, the Alaska Section of Epidemiology has investigated all incident Campylobacter sp. case reports since 2004. This report summarizes the public health impact of routine incident case investigations and molecular characterization of all Campylobacter sp. isolates. In sum, we found that these efforts have contributed to better characterization of the epidemiology of campylobacteriosis in Alaska, and facilitated more rapid outbreak detection, more public health investigations, and earlier public health interventions.

scholarly journals role of the public prosecutor in the United States

2020 ◽  
Vol 12 (1) ◽  
pp. 253-263
Author(s):  
Michael C. Kovac
Keyword(s):  
United States ◽  
Criminal Justice ◽  
Criminal Justice System ◽  
Justice System ◽  
Case Law ◽  
The United States ◽  
Public Prosecutor ◽  
Common Goal ◽  
The Public

Prosecutors in the United States play multifaceted roles in their criminal justice system. They provide guidance during the investigative stages of cases, lead the prosecution of cases in the country’s adversarial proceedings, police their own profession, and lead legislative efforts aimed at making the system more just for all involved. There are separate prosecuting offices for the separate sovereignties located within the countries. Statutes, constitutions, and case law establish the rights and duties of those separate offices. All prosecuting offices in the United States share the pursuit of justice as their common goal.

scholarly journals REKONSEPTUALISASI JALUR KHUSUS DALAM RANCANGAN KUHAP SEBAGAI BENTUK REFORMASI SISTEM PERADILAN PIDANA INDONESIA

Arena Hukum ◽  
2021 ◽  
Vol 14 (1) ◽  
pp. 193-209
Author(s):  
Ladito Bagaskoro ◽  
Keyword(s):  
United States ◽  
Criminal Procedure ◽  
Plea Bargaining ◽  
The United States ◽  
Public Prosecutor ◽  
The Public ◽  
Procedural Law ◽  
Procedure Code ◽  
Legal Adviser ◽  
Case Files

Abstract The significant increase in the pile of case files between 2016 and 2019 led to the need for concepts or methods that can create judicial efficiency. In the spirit of reforming the Criminal Procedure Code, the drafting team of the Criminal Procedure Code tries to include procedures aimed at shortening and expediting procedural procedures through the existence of a special pathway in Indonesian criminal procedural law in the future, which is inspired by the concept of plea-bargaining in the United States and Britain. This normative research uses conceptual and comparative law. The result shows that a special line was given to the defendant who admitted to the criminal act charged making the trial hearing shorter. Second, there are several fundamental differences between the special lines in the Draft Criminal Procedure Code and plea bargaining in the United States, especially in the agreement between the defendant or legal adviser and the public prosecutor, the process for confessing the accused, the criminal acts included, and the position of the judge in their respective processes.

scholarly journals JUDICAL REVIEW OF THE CRIME OF NARCOTICS ABUSE CATEGORY I (Tinjauan Yuridis Terhadap Tindak Pidana Penyalagunaan Narkotika Golongan I)

2021 ◽  
Author(s):  
Andi Yusdianti
Keyword(s):  
Criminal Law ◽  
Judicial Review ◽  
District Court ◽  
Public Prosecutor ◽  
The Public ◽  
The Republic ◽  
The City

AbstractThis study describes the basis for the application of material criminal law to criminal acts of drug abuse.This research was conducted in the city of Namlea, namely in the Namlea District Court using primary andsecondary data methods. Data (interview) directly with the parties concerned. Meanwhile, secondary datacollection techniques are carried out by reading documents or regulations and literature books related to thematerial to be presented in the thesis. After all the data is collected, the data is processed and analyzedqualitatively and then presented descriptively, that is, searching for and collecting data related to the object andthe problem under study. Based on the results of research and discussion, it shows that: 1) in Decision No. 5 /Pid.Sus / 2020 / PN Nla, the Public Prosecutor uses the second indictment, namely Article 127 paragraph (1)letter a of the Republic of Indonesia Law No. 35 of 2009 concerning Narcotics the elements in the indictmenthave been deemed proven by the Public Prosecutor. that is, the acts and elements of the article match eachother, and according to the author, the application of material criminal law in this case is not in accordancewith the applicable criminal law in Indonesia. 2) in Decree No. 5 / Pid.Sus / 2020 / PN Nla, the author does notagree with the Panel of Judges in implementing Article 127 because the elements are not proven and do notmatch each other, the Panel of Judges is wrong in making decisions without looking at Articles 54, 55 and 103of the Republic of Indonesia Constitution No.35 Years 2009 About Narcotics.Keywords: judicial review, criminal, narcotics abuse

Hired Guns and Ministers of Justice: The Role of Government Attorneys in the United States and Israel

2016 ◽  
Vol 49 (1) ◽  
pp. 3-21 ◽  
Author(s):  
Michael Asimow ◽  
Yoav Dotan
Keyword(s):  
United States ◽  
Judicial Review ◽  
The United States ◽  
Role Of Government ◽  
The Public ◽  
The Us ◽  
The Government ◽  
Role Of The Government ◽  
Prevailing View

What is the role of a government attorney who represents a government agency on judicial review? Most academic literature in the United States (US) advocates the ‘hired gun’ model in which the role of the government lawyer is no different from that of a lawyer who represents a private client (although some academics and government lawyers disagree). The prevailing view in Israel is that government lawyers are ‘ministers of justice’, who owe a primary obligation to the public interest rather than to the client agency. This difference is attributable both to fundamental differences in legal culture between the US and Israel as well as to unique features of the Israeli system of judicial review.

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