Panel OKs DNA Fingerprints in Court Cases

The perception of racial tensions in North American settler countries has historically been focused on the Black/White relationship, as has much of the theoretical legal discourse surrounding the concept of “race”. Accordingly, the scope of much critical race scholarship has been restricted such that it rarely acknowledges the racial tensions that persist between different racially-excluded minorities. This paper hopes to expand and integrate the examination of Black and Asian-American racialization that critical race scholars have previously revealed. It will do this by historicizing the respective contours of Black and Asian-American racialization processes through legislation and landmark court cases in a neo-colonial context. The defining features of racialization which have culminated in the ultimate divergence of each group’s racialization will be compared and contrasted. This divergence sees the differential labeling of Asian-Americans as the ‘model minority’ while Blacks continue to be subjugated by modern modalities of exclusionary systems of control. The consequences of this divergence in relation to preserving existing racial and social hierarchies will be discussed in the final sections of this paper.

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JUDICIAL EVIDENCE OF SUBJECTIVE INTEGRITY

Herald of Civil Procedure ◽

10.24031/2226-0781-2020-10-5-83-100 ◽

2020 ◽

Vol 10 (5) ◽

pp. 83-100

Author(s):

V.G. GOLUBTSOV

Keyword(s):

Court Cases ◽

Judicial Practice

The author refers to the practice of enforcing the rules of subjective integrity. Subjective integrity is seen as a special construct reflecting the circumstances of apologetic ignorance in the structure of objective integrity. According to the author, the facts of apologetic ignorance should be distinguished from situations of simple ignorance, which do not need to be legally assessed by the court, and unlike situations of apologetic ignorance, are included in the debt provided for by law. The article groups the cases of subjective integrity mentioned by the legislator and analyses their application as unrelated to imputed knowledge. The practice of the courts with regard to obtaining, examining and evaluating evidence of subjective impossibility to recognize facts by an unknown person acting without real consideration of these circumstances is investigated. Proposals are made to change judicial practice in order to take into account the achievements of domestic civilistics and to eliminate problems caused by disregard of subjective integrity in certain categories of court cases.

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SOCIAL RESPONSIBILITY OF THE COURT AS A PREREQUISITE FOR THE LEGAL RESPONSIBILITY OF A JUDGE

International scientific journal Internauka Series Juridical Sciences ◽

10.25313/2520-2308-2020-9-6306 ◽

2017 ◽

Author(s):

Yaroslav Skoromnyy ◽

Keyword(s):

Social Responsibility ◽

Legal Responsibility ◽

Court Cases ◽

Council Of Europe ◽

The Public ◽

The Social ◽

Modern System ◽

The Status ◽

The Law ◽

Conceptual Foundations

The article reveals the conceptual foundations of the social responsibility of the court as an important prerequisite for the legal responsibility of a judge. It has been established that the problem of court and judge liability is regulated by the following international and Ukrainian documents, such as: 1) European Charter on the Law «On the Status of Judges» adopted by the Council of Europe; 2) The Law of Ukraine «On the Judicial System and the Status of Judges»; 3) the Constitution of Ukraine; 4) The Code of Judicial Ethics, approved by the Decision of the XI (regular) Congress of Judges of Ukraine; 5) Recommendation CM/Rec (2010) 12 of the Cabinet of Ministers of the Council of Europe to member states regarding judges: independence, efficiency and responsibilities; 6) Bangalore Principles of Judicial Conduct. The results of a survey conducted by the Democratic Initiatives Foundation and the Razumkov Center, the Council of Judges of Ukraine and the Center for Judicial Studios with the support of the Swiss Agency for Development and Cooperation based on the «Monitoring of the State of Independence of Judges in Ukraine – 2012» as part of the study of the level of trust in the modern system were considered and analyzed, justice, judges and courts. It is determined that a judge has both a legal and a moral duty to impartially, independently, in a timely manner and comprehensively consider court cases and make fair judicial decisions, administering justice on the basis of legislative norms. Based on the study of the practice of litigation, it has been proven that judges must skillfully operate with various instruments of protection from public influence. It has been established that in order to ensure the protection of judges from the public, it is necessary to create special units that will function as part of judicial self-government bodies. It was proposed that the Council of Judges of Ukraine, which acts as the highest body of judicial self- government in our state (in Ukraine), legislate the provision on ensuring the protection of the procedural independence of judges.

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Confirmation bias in decision making for fingerprints, DNA and eyewitness evidence cannot be explained by cognitive style or thinking dispositions.

10.31234/osf.io/59tzd ◽

2019 ◽

Author(s):

Daniel Edgcumbe

Keyword(s):

Decision Making ◽

Cognitive Style ◽

Cognitive Biases ◽

Confirmation Bias ◽

Criminal Case ◽

Court Cases ◽

Legal Proceedings ◽

Thinking Dispositions ◽

Evaluation Of Evidence ◽

Facial Composite

Pre-existing beliefs about the background or guilt of a suspect can bias the subsequent evaluation of evidence for forensic examiners and lay people alike. This biasing effect, called the confirmation bias, has influenced legal proceedings in prominent court cases such as that of Brandon Mayfield. Today many forensic providers attempt to train their examiners against these cognitive biases. Nine hundred and forty-two participants read a fictional criminal case and received either neutral, incriminating or exonerating evidence (fingerprint, eyewitness, or DNA) before providing an initial rating of guilt. Participants then viewed ambiguous evidence (alibi, facial composite, handwriting sample or informant statement) before providing a final rating of guilt. Final guilt ratings were higher for all evidence conditions (neutral, incriminating or exonerating) following exposure to the ambiguous evidence. This provides evidence that the confirmation bias influences the evaluation of evidence.

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PRZESTĘPSTWA PROWADZENIA POJAZDÓW MECHANICZNYCH W STANIE NIETRZEŹWOŚCI LUB POD WPŁYWEM ŚRODKA ODURZAJĄCEGO (art. 178a § 1 i 4 k.k.)

Civitas et Lex ◽

10.31648/cetl.2034 ◽

2015 ◽

Vol 5 (1) ◽

pp. 41-53

Author(s):

Arkadiusz Zaczek

Keyword(s):

Criminal Code ◽

Driving Under The Influence ◽

Court Cases ◽

Road Accidents ◽

Eu Countries

In the last decade on Polish roads has been recorded every year, at least 70,000 drivingunder the influence. Such statistics put Poland ahead of EU countries with the highest numberof intoxicated drivers. There is also no doubt that the risk of road accidents is increasing alongwith the number of drivers with are drunk. Although there are numerous publications addressingissues of offences relating to driving under the influence, this publication containing the analysisof court cases with this range. This work also presents consideration for actually meted sanctionsand measures against people who committed offences relating to driving under the influence.Article consist an introduction, codex regulation of art. 178a § 1 and 4 of the Polish Criminal Code,statistical considerations and conclusion.

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