Defense efficiency in criminal cases through the perspective of legal relations between the defense lawyer with the suspect and the accused

2018 ◽  
pp. 57-66
Author(s):  
I. Dikarev
Keyword(s):  
Criminal Cases ◽  
Defense Lawyer

The Criminal Cases Review Commission, the Applicant, and Her Lawyer

2020 ◽  
pp. 312-338
Author(s):  
Jacqueline S. Hodgson
Keyword(s):  
Review Process ◽  
Case Review ◽  
Criminal Cases ◽  
Appeal Court ◽  
Defense Lawyer ◽  
Procedural Models ◽  
The Way

This chapter evaluates the uncertain place allotted to the defense within the inquisitorial CCRC review process, comparing this with the French instruction model and the broader principle of contradictoire. Where a case is referred back to the appeal court, the results of the case review are likely to have a significant impact on the nature of the defense case that is presented, and so ultimately, on the success of the appeal. Equally, the way in which the defense chooses to argue the case may build on the evidence uncovered by the commission, or it may misunderstand, or fail to argue, some grounds identified by the CCRC as going to the safety of the conviction. In this way, the intersection of adversarial and inquisitorial roles and procedures disrupts traditional procedural models, creating an inherent tension between the commission and defense lawyer functions, which sometimes conflict and at other times coincide.

scholarly journals COMMUNICATION BARRIERS IN JURY TRIALS AND ORGANIZATIONAL AND LEGAL WAYS TO OVERCOME THEM

2020 ◽  
Vol 24 (4) ◽  
pp. 1169-1186
Author(s):  
Nikita V. Bushtets
Keyword(s):  
The State ◽  
Psychological Characteristics ◽  
Public Prosecutor ◽  
District Courts ◽  
Criminal Proceedings ◽  
Criminal Cases ◽  
Legal Research ◽  
The Public ◽  
Defense Lawyer ◽  
Jury Trials

The use of the Institute of jurors in Russia has been expanded since June 1, 2018. Today, courts with the participation of jurors consider criminal cases in regional courts and equivalent ones, as well as in district courts. At the same time, legislative innovations also affected the number of citizens who are members of the jury. These changes dictate the need for a scientific understanding of what happened, including the development of proposals aimed at optimizing the work of courts, representatives of the state prosecution and defense with a jury. In this regard, the purpose of the study is to improve the organization of criminal proceedings carried out by a court with the participation of jurors, taking into account the psychological characteristics of the judge, the public Prosecutor, the defense lawyer and the jury. In the course of the work, the author considers the results of psychological and legal research, which in one way or another affects the communicative features of participants in criminal proceedings. The paper makes the following main conclusions: a) to establish in the normative legal acts of the Judicial Department the main requirements for the list of property and technical means that provide comfortable conditions for jurors during the trial; b) to conduct systematic work with the staff of judges and employees of the court interacting with jurors in accordance with the recommendations given in the article; c) provide judges and employees of the court with methodological guidance concerning communication with a jury on work issues.

scholarly journals Problematic aspects of the defender’s participation in the process of proving criminal cases against minors

2021 ◽  
Vol 1 ◽  
pp. 34-36
Author(s):  
Kutuev E.K. ◽  
Keyword(s):  
Preliminary Investigation ◽  
Criminal Proceedings ◽  
Criminal Cases ◽  
Defense Lawyer ◽  
Depth Analysis ◽  
A Minor

The article deals with the most problematic aspects of the participation of a lawyer-defender in the process of criminal proceedings on a crime committed by a minor. The author emphasizes the specifics of the preliminary investigation and consideration of criminal cases in the courts in relation to juvenile accused and suspects. An in-depth analysis of the conceptual differences in the position of the defender as a procedural figure in Russian and Swiss legislation is carried out. Attention is focused on the need for further research to optimize the participation of a defense lawyer. Special attention is paid to the problem of gender consideration when choosing such an important procedural figure in cases of crimes committed by minors as a lawyer.

Sem/X-Ray Applications to the Forensic Science Field

1976 ◽  
Vol 34 ◽  
pp. 390-391
Author(s):  
K. Culbreth
Keyword(s):  
Forensic Science ◽  
Depth Of Field ◽  
Surface Phenomena ◽  
Criminal Cases ◽  
Forensic Evidence ◽  
Science Field ◽  
X Ray ◽  
Hit And Run ◽  
Evaluation Of Evidence ◽  
Scanning Electron

The introduction of scanning electron microscopy and energy dispersive x-ray analysis to forensic science has provided additional methods by which investigative evidence can be analyzed. The importance of evidence from the scene of a crime or from the personal belongings of a victim and suspect has resulted in the development and evaluation of SEM/x-ray analysis applications to various types of forensic evidence. The intent of this paper is to describe some of these applications and to relate their importance to the investigation of criminal cases.The depth of field and high resolution of the SEM are an asset to the evaluation of evidence with respect to surface phenomena and physical matches (1). Fig. 1 shows a Phillips screw which has been reconstructed after the head and shank were separated during a hit-and-run accident.

Jury Bias in Criminal Cases: Emotion and Generic Prejudice

2008 ◽  
Author(s):  
Richard L. Wiener ◽  
Stacie Nichols
Keyword(s):  
Criminal Cases ◽  
Jury Bias

KONSEP RESTORATIVE JUSTICE MELALUI MEDIASI PENAL DALAM PENYELESAIAN PERKARA PIDANA BERMOTIF RINGAN PADA MASYARAKAT ADAT KAMPUNG KUALA GASIB DI KECAMATAN KOTO GASIB KABUPATEN SIAK

2018 ◽  
Vol 1 (4) ◽  
Author(s):  
ELMA YANTI
Keyword(s):  
Law Enforcement ◽  
Restorative Justice ◽  
Indigenous People ◽  
Criminal Case ◽  
Criminal Cases ◽  
Legal Research ◽  
Direct Participation ◽  
Criminal Offenses ◽  
Differences Of Opinion ◽  
Law Enforcement Officials

The settlement of criminal offenses with mild motives can be carried out by reasoning penal mediation called the restorative justice approach, which focuses on the direct participation of perpetrators, victims and the community. The research that use in this study is sociological legal research (social legal research). The concept of restorative justice through reasoning penal mediation in the settlement of a mildly criminal case for the indigenous people of village kuala gasib in koto gasib siak, was carried out with the intermediary of the headman. Headman as customary village heads and as government administrators have an important role in creating peace efforts in resolving disputes that occur in the community, one of which is through the settlement of criminal cases by reasoning penal mediation with the concept of restorative justice. The constraints of the concept of restorative justice through reasoning penal mediation in the settlement of mildly criminal cases for the indigenous people of village kuala gasib in koto gasib siak are: a) The absence of a special law mediation of regulation, b) Lack of facilities and infrastructure in mediating, c) Lack of mediator skills for village head to reconcile the parties to the dispute, d) There are differences of opinion among law enforcement officials about the concept of restorative justice through penal mediation

A Good Sentencing Precedent is Hard to Find

2020 ◽  
Vol 32 (3) ◽  
pp. 138-144
Author(s):  
Brian A. Jacobs
Keyword(s):  
United States ◽  
Significant Role ◽  
College Admissions ◽  
The Body ◽  
Federal Law ◽  
Criminal Cases ◽  
Federal Sentencing

In federal criminal cases, federal law requires that judges consider the sentences other courts have imposed in factually similar matters. Courts and parties, however, face significant challenges in finding applicable sentencing precedents because judges do not typically issue written sentencing opinions, and transcripts of sentencings are not readily available in advanced searchable databases. At the same time, particularly since the Supreme Court’s 2005 decision in United States v. Booker, sentencing precedent has come to play a significant role in federal sentencing proceedings. By way of example, this article discusses recent cases involving defendants with gambling addictions, and recent cases involving college admissions or testing fraud. The article explores the ways the parties in those cases have used sentencing precedent in their advocacy, as well as the ways the courts involved have used sentencing precedent to justify their decisions. Given the important role of sentencing precedent in federal criminal cases, the article finally looks at ways in which the body of sentencing law could be made more readily available to parties and courts alike.

The Germans and their Jewish Neighbors on the Ukrainian Areas at the Second Half of the 19th Century

2020 ◽  
pp. 17-27
Author(s):  
D. Meshkov
Keyword(s):  
Everyday Life ◽  
19Th Century ◽  
Russian Empire ◽  
Early Years ◽  
Criminal Cases ◽  
South West ◽  
Multiethnic Population ◽  
The Russian Empire ◽  
The 19Th Century ◽  
The Relationship

The article presents some of the author’s research results that has got while elaboration of the theme “Everyday life in the mirror of conflicts: Germans and their neighbors on the Southern and South-West periphery of the Russian Empire 1861–1914”. The relationship between Germans and Jews is studied in the context of the growing confrontation in Southern cities that resulted in a wave of pogroms. Sources are information provided by the police and court archival funds. The German colonists Ludwig Koenig and Alexandra Kirchner (the resident of Odessa) were involved into Odessa pogrom (1871), in particular. While Koenig with other rioters was arrested by the police, Kirchner led a crowd of rioters to the shop of her Jewish neighbor, whom she had a conflict with. The second part of the article is devoted to the analyses of unty-Jewish violence causes and history in Ak-Kerman at the second half of the 19th and early years of 20th centuries. Akkerman was one of the southern Bessarabia cities, where multiethnic population, including the Jews, grew rapidly. It was one of the reasons of the pogroms in 1865 and 1905. The author uses criminal cases` papers to analyze the reasons of the Germans participation in the civilian squads that had been organized to protect the population and their property in Ackerman and Shabo in 1905.

Sign in / Sign up

Export Citation Format

Share Document