scholarly journals What’s in a name? A history of New Zealand’s unique name suppression laws and their impact on press freedom

2020 ◽  
Vol 26 (1) ◽  
pp. 279-293
Author(s):  
Francine Tyler
Keyword(s):  
New Zealand ◽  
Fair Trial ◽  
Criminal Court ◽  
Press Freedom ◽  
Criminal Courts ◽  
Criminal Cases ◽  
Media Freedom ◽  
History Of ◽  
Court Proceedings ◽  
First Offenders

The principle of open justice, including the media’s right to attend and report on criminal courts, must be balanced with the protection of individuals’ privacy and an accused person’s fair trial rights. Prohibiting media from identifying those involved in criminal cases is one way privacy and fair trial rights may be protected in New Zealand. Court news was not always restricted in this way: 115 years ago all parts of criminal court proceedings could be reported and media decided what information was censored. In 1905, New Zealand judges were given the power to suppress court evidence to protect public morality, and 15 years later, the power to suppress the names of certain first offenders to give them a second chance. The laws now stretch to suppressing many kinds of evidence and the identities of some people accused and convicted of New Zealand’s most serious crimes. Investigation of the 115-year-long evolution of New Zealand’s name suppression laws illuminates a piecemeal, but severe, curtailment of media freedom and a trend of imposition of increasingly complex laws which journalists must keep abreast of, understand and observe to prevent appearing before the courts themselves.

scholarly journals John James Meikle and the Problem of the Wrongly Convicted: An Enquiry into the History of Criminal Appeals in New Zealand

2010 ◽  
Vol 41 (3) ◽  
pp. 519 ◽  
Author(s):  
Jeremy Finn
Keyword(s):  
New Zealand ◽  
Royal Commission ◽  
Criminal Cases ◽  
Reform Legislation ◽  
Period 1880 ◽  
History Of ◽  
The Subject ◽  
The Law

This article investigates the development of the law governing of appeals in criminal cases in New Zealand, and the substantial though neglected history of agitation for recourse for the wrongly convicted. It uses as a lens the story of John James Meikle, a farmer convicted of sheep stealing in 1887, who later successfully prosecuted the principal prosecution witness for perjury, successfully petitioned Parliament for compensation, was the subject of a Royal Commission into his conviction and, uniquely, was declared innocent by an Act of Parliament in 1908. Meikle's case was one of several highly publicised cases in the period 1880-1910 which demonstrated serious shortcomings in the law and led to parliamentary and public calls for reform. By 1910, calls for enactment of legislation on the lines of the Court of Criminal Appeal (established 1907) received wide supporting in parliament and from the judiciary. The article concludes by looking at the reasons why, despite this level of consensus, reform legislation was delayed until 1945. 

Violent parasomnias and sleep forensics

2017 ◽  
Author(s):  
Michel A. Cramer Bornemann ◽  
Mark R. Pressman
Keyword(s):  
Genetic Predisposition ◽  
Expert Testimony ◽  
Scientific Evidence ◽  
Criminal Court ◽  
Court Cases ◽  
Deep Sleep ◽  
Criminal Cases ◽  
Legal Requirements ◽  
History Of ◽  
Science And Research

Parasomnias are complex behaviors occurring out of or during sleep. Parasomnias are increasingly presented as proof of an automatism in criminal cases involving violence. The sleep forensics expert must have an up-to-date understanding of current sleep science and research, diagnostic and clinical techniques, and the legal requirements of expert testimony and scientific evidence. Sleepwalking and related disorders typically follow sudden, partial awakenings from deep sleep. Higher-level cognition is severely limited or absent, and complex behaviors often consist of “automatic” behaviors not initiated or guided by memory or planning. Sleepwalking and related disorders are noted to occur during deep sleep and often require a genetic predisposition or priming factors. Prior cases of sleepwalking violence find that the victim of sleepwalking violence—most often a family member—seeks out the sleepwalker. The history of sleepwalking includes reports of episodes and sometimes criminal court cases of murder, assault, and rape.

scholarly journals Behind the rankings of Pacific nations in the 2011-12 World Press Freedom Index

2012 ◽  
Vol 18 (1) ◽  
pp. 171 ◽  
Author(s):  
Mark Pearson
Keyword(s):  
New Zealand ◽  
Press Freedom ◽  
Pacific Region ◽  
Pacific Island ◽  
Survey Period ◽  
Media Freedom ◽  
The Pacific ◽  
Pacific Island Nations

Commentary: Australia and New Zealand both declined in the 2011-2012 Reporters Sans Frontières/Reporters Without Borders World Press Freedom Index rankings but all other surveyed Pacific Island nations improved their standings. This article reports upon those outcomes and details the methodology used by the international press freedom agency in reaching its annual determinations. It explains that such rankings can never be statistically precise because too many variables are at play between countries and from one survey period to another. Nevertheless, they are indicative and importantly draw attention each year to the widely varying standards applied to media freedom throughout the Pacific region and the wider world.

scholarly journals A szülői felügyeleti jog megszüntetésének hatályos jogi szabályozása a Polgári Törvénykönyvben

2017 ◽  
Vol 14 (1-2) ◽  
pp. 12-18
Author(s):  
Tímea Csizmadiáné Pethő
Keyword(s):  
New York ◽  
Parental Control ◽  
Criminal Court ◽  
Special Treatment ◽  
Criminal Courts ◽  
Criminal Proceedings ◽  
Best Interest ◽  
Court Proceedings ◽  
New York Convention ◽  
Legal Concepts

Being a judge practicing on the area of the law of crimes I rarely come across with the need to apply civil law. Nevertheless, a handful legal concepts may be applied also by criminal courts. One of these concepts is the termination of parental control. Before turning to relevant case analysis in my study, I focus on the principle of the "child's best interest" which is referred to under article 3 of the New York Convention on the rights of children and which has a general fundamental applicability in respect of all provisions of the Convention. This principle must apply not only in civil, but also in criminal proceedings and generally in all types of proceedings irrespective of the area of law such proceedings fall under. Special emphasis is attributed to the legal consequences of terminating parental control and to the distinction of cases where the termination of parental control by the court is mandatory and where such a decision is made in the discretion of the court. I pay separate attention to cases where the court has convicted the parent of a crime committed wilfully against the convicted person's own child and in which cases the convicted person is sentenced to prisonment and as a result of these the criminal court has competence to order the termination of parental control. I address also some issues relating to matters of proof and evidence in connection with crimes of domestic violence. Finally, I explain the nature of a child-focused jurisdiction through the presentation of the Hungarian system which ensures to respect and to give effect to the rights of children to the maximum extent possible. The ability of providing special treatment for children in court proceedings is of the utmost importance.

scholarly journals Certain Aspects of Proceedings in Cassation Instance in Ensuring a Fair Trial to a Person

2020 ◽  
Vol 9 (4) ◽  
pp. 241
Author(s):  
Inga Kudeikina ◽  
Sandra Kaija
Keyword(s):  
Case Law ◽  
Legal Framework ◽  
Fair Trial ◽  
Criminal Cases ◽  
The Sustainable Development ◽  
Legal Norms ◽  
Court Proceedings ◽  
Multidisciplinary Perspective ◽  
The Right

The right of a person to a fair trial is absolute. This right has a long democratic history, without which no democratic society can be imagined. Without this constitutional scope, the right to a fair trial is the basis for the sustainable development of society, as it ensures legal stability. Litigation in the cassation instance is on the top of right-to-court pyramid. The cassation instance is the last instance in the national judicial system, the decisions of the cassation instance are not subject to appeal; secondly, the court ruling in the cassation instance constitute case law, which is an important auxiliary source of law. This confirms that litigation in the cassation instance is one of the most important tools in securing the right to have a court hearing. The extent of the quality of the legal framework regulating cassation litigation points to the right to a fair trial overall. The study focuses on the issues of cassation litigation. The issues of the right of parties to file a cassation appeal (cassation protest) in civil and criminal cases as well as the jurisdiction of the court in deciding the admissibility of a cassation appeal (cassation protest) are analyzed within the multidisciplinary perspective. The aim of the research is to study the legal framework, which determines the right of a party to submit a cassation appeal (cassation protest) in civil and criminal case in the context of court jurisdiction, when deciding on whether to adopt it in order to make proposals for enhancement of the legal framework. There were used the descriptive, analytical and deduction-induction methods as well as the methods of interpretation of legal norms. Using these methods, legislation and the views of legal scholars were analyzed, and conclusions were drawn.  Keywords: cassation, court proceedings, right to a fair trial

scholarly journals Development of forensic tactics at the stage of mature science

2021 ◽  
pp. 96-1000
Author(s):  
Yu. Myroshnychenko
Keyword(s):  
Criminal Proceedings ◽  
Criminal Cases ◽  
Criminal Process ◽  
Stage Of Development ◽  
Current Trends ◽  
History Of ◽  
Judicial Proceedings ◽  
Court Proceedings ◽  
Tactical Decisions ◽  
Protection Of Participants

The article completes a series of works devoted to the study of the history of forensic tactics. The author’s vision of periodization of formation and development of this section of science is given. It is concluded that the trends of the current stage of development of forensic tactics are determined by radical changes in the evidence paradigm, based on the competitive ideology of the reformed criminal process. This poses a number of urgent tasks for scientists and practitioners, including improving the tactics of interrogation, inspection, search, presentation for identification, and the development of methods for conducting new investigative actions for our judiciary, such as simultaneous interrogation of two or more persons, investigative experiment. The whole spectrum of covert (investigative) investigative actions – an institution also still unknown to the domestic criminal process – is in dire need of tactical and forensic support. The need to substantiate the expediency of expanding the cognitive boundaries of forensic tactics, extending its recommendations to the field of criminal proceedings is becoming more and more tangible. It is necessary to continue developing the theory of court situations, tactical decisions, tactics of judicial interrogation and other procedural actions. The problems of planning court proceedings, in particular in the aspect of ensuring the continuity of court proceedings, remain relevant and require further research on the basis of the provisions of the current legislation. The specific activities of the investigating judge require completely new tactical developments. There is an urgent need to develop tactical recommendations on the means of ensuring criminal proceedings, overcoming the opposition to pretrial investigation and trial of criminal cases, protection of participants in criminal proceedings. Extremely important from the standpoint of current trends in criminal justice is the development of tactical and forensic recommendations to ensure judicial proceedings on the basis of procedural agreements and other special procedures of criminal proceedings (simplified, special, etc.).

scholarly journals A SODOMY SCANDAL ON THE EVE OF THE FRENCH WARS OF RELIGION

2021 ◽  
pp. 1-21
Author(s):  
TOM HAMILTON
Keyword(s):  
Criminal Justice ◽  
Sixteenth Century ◽  
Early Modern ◽  
Civil Wars ◽  
Criminal Court ◽  
Criminal Courts ◽  
Wars Of Religion ◽  
Public Execution ◽  
French Wars Of Religion ◽  
History Of

Abstract This article uncovers a sodomy scandal that took place in the Benedictine abbey of Morigny, on the eve of the French Wars of Religion, in order to tackle an apparently simple yet persistent question in the history of early modern criminal justice. Why, despite all of the formal and informal obstacles in their way, did plaintiffs bring charges before a criminal court in this period? The article investigates the sodomy scandal that led to the conviction and public execution of the abbey's porter Pierre Logerie, known as ‘the gendarme of Morigny’, and situates it in the wider patterns of criminal justice as well as the developing spiritual crisis of the civil wars during the mid-sixteenth century. Overall, this article demonstrates how criminal justice in this period could prove useful to plaintiffs in resolving their disputes, even in crimes as scandalous and difficult to articulate as sodomy, but only when the interests of local elites strongly aligned with those of the criminal courts where the plaintiffs sought justice.

State Co-operation and International Criminal Court Bargaining Influence in the Arrest and the Surrender of Suspects

2008 ◽  
Vol 21 (2) ◽  
pp. 457-476 ◽  
Author(s):  
STEVEN D. ROPER ◽  
LILIAN A. BARRIA
Keyword(s):  
International Criminal Court ◽  
Ad Hoc ◽  
Classification Scheme ◽  
International Criminal ◽  
Criminal Court ◽  
The State ◽  
Criminal Courts ◽  
History Of ◽  
International Tribunals

AbstractWhile much has been written about the formation of the International Criminal Court (ICC), less attention has been focused on the enforcement capability of the Court. As demonstrated by the history of the ad hoc international tribunals, one of the most pressing problems for international criminal courts is the arrest and the surrender of suspects, which often requires substantial bargaining between the court and the state in which the suspect resides. We develop a classification of the issues which have the greatest impact on the bargaining influence of the ICC to secure the arrest of indictees, and apply this classification scheme to a study of the four ongoing situations at the ICC in order to explore the bargaining environment in which the ICC operates. While many of the cases have features which should assist the ICC in bargaining with the state, the situation in Sudan represents the greatest challenge for the Court.

Vorfragenkompetenz und Bindung bei der Auslegung steuerrechtlicher Vorschriften

2021 ◽  
Author(s):  
Marcus Schnabelrauch
Keyword(s):  
Tax Evasion ◽  
German Law ◽  
Criminal Court ◽  
Comprehensive Analysis ◽  
Criminal Courts ◽  
Legal Situation ◽  
Court Proceedings ◽  
Tax Court

Under current German law a criminal court is allowed to sentence for tax evasion although the tax court denies the underlying fiscal claim. This consequence follows from the criminal courts’ competence to examine preliminary tax questions (Vorfragenkompetenz). The work analyses whether such contradictory decisions have to be avoided for constitutional reasons. Based on a comprehensive analysis of the current legal situation including related fields of law the work establishes that the criminal courts’ competence to examine preliminary tax questions is unconstitutional; this result is followed by viable reform proposals. The investigation is concluded by an excursus regarding the legal situation in civil, administrative and social court proceedings.

Responding to Wrongful Convictions

2019 ◽  
pp. 1-11
Author(s):  
Carolyn Hoyle ◽  
Mai Sato
Keyword(s):  
North Carolina ◽  
New Zealand ◽  
Criminal Cases ◽  
Wrongful Convictions ◽  
Criminal Conviction ◽  
England And Wales ◽  
The World ◽  
History Of ◽  
The Uk

This chapter provides a background on the Criminal Cases Review Commission of England and Wales, first by tracing its origins and remit and then comparing its post-conviction review procedures with those of other jurisdictions. It was the Criminal Appeal Act 1907, which established the Court of Criminal Appeal, that introduced the first system of regular appeals against criminal conviction in England and Wales. The Court of Criminal Appeal was the forerunner of today's Court (Criminal Division), created in 1966. Since the Commission started work in 1997, it has received thousands of applications relating to wrongful convictions and/or sentences. After discussing the history of the Criminal Cases Review Commission in the UK, the chapter considers post-conviction review in other parts of the world, focusing on Scotland, Norway, North Carolina, Canada, Australia, and New Zealand.

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