scholarly journals The Right to Appeal in Indictable Cases: A Legislative History

1969 ◽  
pp. 446 ◽  
Author(s):  
Vincent M. Del Buono

The author traces the history of criminal appeals legislation in Canada from the Crown Cases Act of 1848 to the present. Through his analysis he illustrates the various forces giving rise to change and amendment, with special emphasis on the strong and often inappropriate influence of British legislation. In addition, the author examines the aim of national uniformity in criminal procedure, and the way in which appeals legislation has fostered this aim.

2020 ◽  
Vol 1 (1) ◽  
pp. 69
Author(s):  
Yulia Pramusinta

Abstract: The teaching medium is a knowledge of the teaching methods used by a teacher or instructor. Methods are the means used to achieve the established goals. Another technique is the presentation technique that is mastered by the teacher to teach or present the lesson materials to the students in the classroom, so that the lesson can be absorbed, understood and used by the students well. The better the teaching method, the more effective the achievement of the goal. Motivation is a change of energy within a person characterized by the emergence of "feeling and preceded by the response to the purpose, to get it then must be selected methods that if acceptable in teaching and learning activities well. In fact, the way or method of teaching used to convey different information in the way adopted to establish students in mastering knowledge, skills and attitudes (cognitive, psychomotoric, affective). Specific methods of teaching in the classroom, the effectiveness of a method is influenced by the purpose, student factors, situation factors, and teacher factor itself. Demonstration is a teaching method done by a teacher or someone else by showing the whole class about a process or a way of doing something. Demonstrations are always directed to the correct way of practice which is then Apliskasikan in everyday life. And recitation is also one of the learning media known as homework or students are given the task outside of lesson time. Both methods can be implemented simultaneously in the teaching and learning process.From the above statements can be concluded that in learning, students so as not to get bored then there should be variations in learning methods. Teachers must be clever in choosing a method, one of which is the Graphic method (concept map). In this case on the history of the use of Graphic method (concept map) is the right method to invite students to think and understand and apply in everyday life. Graphical Pendekata (konse map) invites us to make learning process more meaningful and conductive.        Kewords: Grafis Media, Learning History, Student Chomprehensif   


Author(s):  
Perlin Michael ◽  
Szeli Eva

This chapter examines Article 14 of the United Nations Convention on the Rights of Persons with Disabilities (CRPD), which deals with the fundamental right to liberty and security. It traces the legislative history of Article 14 and, in an analysis of its provisions and interpretations, seeks to understand its application in light of these complexities. The right to liberty of person and the right to security of person have been described as two aspects of the same right, physical liberty being the substantive aspect and security the means of protection or the procedural aspect. The ‘liberty and security’ clause of this article empowers the Committee on the Rights of Persons with Disabilities ‘to question governments on a broad range of potential violations, including civil commitment proceedings, compulsory medical treatment, and conditions inside medical and detention facilities’.


2015 ◽  
Vol 46 (130) ◽  
pp. 455
Author(s):  
Maria A. R. Abrão

Arriscar a palavra no púlpito, na própria vida, na obra de uma vida. Em Vieira, dos Sermões à História do Futuro, a palavra faz um caminho. Para além de artifícios da retórica, para além de conveniências político-religiosas, ele coloca as bases da ação como resposta à palavra de Deus e em fidelidade a ela adotando como paradigma a história de Israel. História reveladora da iniciativa de Deus, sempre primeira. Reveladora também dos caminhos e descaminhos da livre resposta humana, da responsabilidade histórica que tal resposta comporta. Ao propor uma leitura do modo de agir de Deus, da sua aliança com a humanidade, Vieira alinha-se perigosamente na fileira dos que incomodam. Lembra a impossibilidade de proteger-se sob o conceito de eleição. A purificação desse conceito, bem como o de ‘ser cristão’ é inadiável. No entanto, a postura de Vieira não é isenta de problemas teológicos. O risco de sua palavra, que abre a esse debate, indica igualmente ao homem os motivos para esperar, para crer na promessa, chave da leitura do futuro.ABSTRACT: Risking the word in the pulpit, in one’s life, in the work of an entire life. According to Vieira, from the Sermons to the History of the Future, the word makes a way for itself. Besides of the rhetoric artifices and the politico-religious conveniences, Vieira establishes the action bases as response to the God’s word, and in fidelity to the same by adopting as paradigm the History of Israel, a revealing, and always the first one, History of the God’s initiative. A History that also reveals the right paths and the wrong paths of the human response, of the historic responsibility that such a response holds. When Vieira proposes the reading of the way God works, of the alliance of God with the humankind, Vieira dangerously aligns himself with the row of those who make trouble. Vieira reminds the impossibility of sheltering oneself under the concept of election. The purification of this concept, as well as the concept of ‘being Christian’ is unpostponable. Nevertheless, the Vieira’s position is not free from theological issues. The risk of his word that opens this debate equally indicates to the man the reasons for hoping and believing in the promise, the key for reading the future.


Author(s):  
Dušan Korgo ◽  
Veronika Marková Veronika Marková

Author of the presented contribution point out the problems of presumption of innocent and the right to be present during the criminal procedure in Slovak republic. The main task was point out the way how are these rights applied in Criminal Procedure Code and whether the transposition of Directive (EU) 2016/343 was fulfilled.


Muzealnictwo ◽  
2019 ◽  
Vol 60 ◽  
pp. 1-1
Author(s):  
Redakcja "Muzealnictwo"

If we want to describe the surrounding reality, while at the same time trying to grasp the best key to it, it seems that the word “change” is the most appropriate. Museums rank among that category of culture institutions which, while undergoing changes, and caring for their own institutional and axiological autonomy, attempt at the same time to influence the very changes; this, however, makes them face identity dilemmas, the necessity to find the right balance between the responsibilities that are sometimes referred to as “traditional ones”, namely the ones they have towards the collections, and the obligations commonly regarded to be an attribute of “modernity”, these towards the public in the variety of their impressive turnout growth and the increase of their expectations. The way to stabilize change effects, while at the same to stimulate them, also with respect to the closest editing of the museum Annual, are legislative efforts and bills. One could even be tempted to make the statement, this not fully irony-free, that the history of Polish museology is actually the history of implemented and unimplemented legislative projects (the latter dominating), of the attempts to define the position of museums in the context of the synergically perceived “cultural legacy”, of finding for them the appropriate governance model, without rejecting the above-mentioned identity dilemmas. The goal of the “Muzealnictwo” Annual No. 60 is to present an overview of the past and current trials to amend the “Museum Act”, to identify areas for essential corrections, reasons for negligence, yet first and foremost, difficulties in applying them to the culture domain in which the most frequently applied word next to “change” (and most highly appreciated by museum circles) is the word “specificity”. This overview will hopefully contribute to the reflection on the capacity of institutional operating under the circumstances in which the inadequacy between the letter of the law and its enforcement can be observed. Next to the theme that is key to the present issue of the “Muzealnictwo” Annual, you will find the well established and known sections describing the spheres of museum operations, these occurring regardless of the lapse of time and their legislative creations. Piotr Majewski Professor at the Cardinal Stefan Wyszyński University in Warsaw Editor-in-Chief


2009 ◽  
Vol 53 (2) ◽  
pp. 222-248
Author(s):  
Jamil Ddamulira Mujuzi

AbstractThis article analyses the history of the various meanings and interpretations of the sentence of penal servitude for life in Mauritius, the human rights implications, and the likely challenges that courts will confront in interpreting new legislation. The Privy Council held in 2008 that a mandatory sentence of penal servitude for life was arbitrary and disproportionate because it violated the right to a fair trial under the constitution. However, the article argues that the Privy Council should also have found that penal servitude for life, where the offender is to be detained for the rest of his life, violates the prisoner's right not to be subjected to inhuman punishment under the constitution, as well as violating Mauritius's international human rights obligations. It recommends that Mauritian courts consult South African jurisprudence when interpreting what amount to substantial and compelling circumstances under the 2007 Criminal Procedure (Amendment) Act.


2021 ◽  
pp. 203228442199492
Author(s):  
Alexandre Au-Yong Oliveira

In the light of the right to a fair trial and the possibility of in absentia trials, the main purpose of this article is to discuss the meaning of the concept of “having been informed, in due time, of the trial,” under Article 8(2a) of Directive (EU) 2016/343, read in parallel with Article 4a(1) (a) (i) of Council Framework Decision 2002/584/JHA. When thus read and taking into account the legislative history of the Directive, it seems that a different standard is foreseen for the summoning of the accused person for trial under each of the referred legal instruments. I then test the Portuguese standards for summoning the accused person for trial and trials in absentia under each of the possible standards.


2013 ◽  
Vol 44 (3/4) ◽  
pp. 573
Author(s):  
Elisabeth McDonald

In this article I examine the scope and application of ss 32 and 33 of the Evidence Act 2006 (NZ) with reference to both the historical justification for the right to silence and the legislative history of these provisions. In considering the extent to which the sections do not reflect either the recommendations of the Law Commission in 1999, nor Parliamentary intent, I question why the sections were left out of the Commission's first statutory review of the Act in 2013. I conclude by suggesting that the right to silence should be the subject of informed public debate and raise some possible options for reform.


Author(s):  
عامر الحافي

أمام العديد من القراءات التفريقية السائدة لحديث افتراق الأمة، التي تكرس الفرقة وتشيع الفتنة والصراع بين أبناء أمة التوحيد، تظهر الحاجة الملحة لدراسة هذا الحديث دراسة توحيدية على ضوء القرآن الكريم والسنة النبوية، ومحاولة الخروج بقراءة معاصرة للعلاقة بين الفرق الإسلامية تعظم الجوامع وتبحث عن الكلمة السواء. فادعاء تفرد فرقة معينة من المسلمين بالنجاة وبهلاك أتباع الفرق الأخرى يوشك أن يكون ظاهرة عامة في تاريخ الفرق الإسلامية. وأمام هذه الإشكالية يسعى هذا البحث إلى دراسة مرتبة الحديث والمعاني الأساسية لمتنه، وتناول الفرق الإسلامية المختلفة له، والمقصود بالأمة في نص الحديث، والدلالات الخاصة بعدد الفرق المذكور في الحديث، وإمكانية تعيين الفرقة الناجية، وخطورة القراءة التفريقية في دراسة الفرق الإسلامية، وأبرز ملامح القراءة التوحيدية في هذه الدراسة    Unlike most of the prevailing readings of the "Hadith of sects of Muslim Ummah", which establishes a discord and conflict that disturbs the unity of Muslims, there is an urgent need to study this Hadith differently, to give a better understanding of the relationship between Muslim sects; an understanding that maximizes denominators and common word. The claim of uniqueness of a certain sect to be right and to consider others to be wrong and deserves hell, is about to be a general phenomenon in the history of Muslim sects. This paper aims to explain the reliability of the Hadith and its meanings, the way in which the Hadith addresses the difference between the various Muslim groups, the indicators related to the number of groups, the possibility of identifying the right one, the dangers of the sectarian reading of the Hadith, and main features of a monotheistic reading of the study of Muslim sects.


Author(s):  
Alan G. Gross

In questioning the millennium, Stephen Jay Gould tells the story of an autistic child, a mentally challenged young man who nevertheless can tell in a flash the day you were born given the date you were born. Gould studies his subject until he understands the way this feat is accomplished. He realizes that every 28 years there is a consistent unit—28 extra days over the standard 52 weeks plus seven days for leap years, the equivalent of five weeks. His subject . . . had added up extra days laboriously until he came to 28 years—the first span that always adds exactly the same total number of extra days, with the sum of extra days exactly divisible by seven. Every 28 years includes 35 extra days, and 35 extra days makes five weeks. You see, he had given me the right answer to my question—but I had not understood him at first. I had asked: “Is there anything special about the number 28 when you figure out the day of the week for dates in different years?” and he had answered: “Yes . . . five weeks.” May we all make such excellent use of our special skills, whatever and however limited they may be, as we pursue the most noble of all our mental activities in trying to make sense of this wonderful world, and the small part we must play in the history of life. Actually, I didn’t quote his beautiful answer fully. He said to me: “Yes, Daddy, five weeks.” His name is Jesse. He is my firstborn son, and I am very proud of him. . . . This anecdote exemplifies Stephen Jay Gould’s passionate interest in science; equally, it testifies to his dispassionate pursuit of the science that interests him, a probing skepticism that with patient effort yields the correct answer. For Gould the scientist it is of no interest that his experimental subject is his son.


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