The Performance of the criminal justice system in the countries of the former USSR and Eastern Europe: (Comparative Analysis)

While this comment primarily addresses the article by Anat Horovitz and Thomas Weigend on human dignity and victims' rights in the German and Israeli criminal process, it begins with a consideration of the role of the victim in other component parts of the criminal justice system, and in particular the substantive criminal law—a topic addressed in other articles included in this issue. There follows a review of the comparative analysis of the victim's role in Germany and Israel put forward by Horovitz and Weigend and a critique of the issues they raise, particularly as to the salience of the victim's procedural role. It is argued here that the victim should have a somewhat more meaningful role than that envisaged by these authors. The comment concludes with a brief consideration of the potential for the advancement of alternative remedies currently neglected by both systems, such as restorative justice.

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The Neuroscience of Criminality and Our Sense of Justice

10.1093/oso/9780190460723.003.0017 ◽

2018 ◽

Author(s):

Valerie Hardcastle

Keyword(s):

Comparative Analysis ◽

Criminal Justice ◽

Criminal Justice System ◽

Justice System ◽

Imaging Data ◽

The Past ◽

The Us ◽

Brain Scan ◽

Sense Of Justice

Part IV begins with Valerie Hardcastle’s chapter on the neuroscience of criminality and our sense of justice. Taking the US courts as her stalking horse, Hardcastle analyzes appellate cases from the past five years in which a brain scan was cited as a consideration in the decision. She focuses on how a defendant’s race might be correlated with whether he is able to get a brain scan, whether the scan is admitted into evidence, how the scan is used in the trial, and whether the scan changes the outcome of the hearing. She then provides a comparative analysis of the cases in which imaging data were successful in altering the sentence of defendants and those in which the data were unsuccessful. She concludes by pointing to larger trends in our criminal justice system indicative of more profound changes in how we as a society understand what counts as a just punishment.

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القاعدة الفقهية لا جريمة ولا عقوبة إلا بالنص من منظور القانون الجنائي الإسلامي والقانون الجنائي الباكستاني

ĪQĀN ◽

10.36755/iqan.v3i01.219 ◽

2021 ◽

Vol 3 (01) ◽

pp. 47-64

Author(s):

Dr. Naveed Altaf Khan ◽

Hafiz Muhammad Zaheer

Keyword(s):

Comparative Analysis ◽

Criminal Justice ◽

Criminal Justice System ◽

Criminal Law ◽

Basic Principle ◽

Legal System ◽

Justice System ◽

Islamic Law ◽

Penal Code ◽

Contemporary World

This study contains on a legal maxim; crime neither can be proved nor be punished without verse or legal text (statute), as well as it is a comparative analysis in prospective of Islamic criminal law and Pakistani criminal law. In contemporary world it is a basic principle in the criminal justice system that a person can neither be convicted nor be punished without prescribed law. Islamic law has fixed some punishments strictly like ḥudūd, qiṣāṣ and dīyyāt. while some of the punishments like tazīrāt & siyāsah shar’iah come under the jurisdiction of state according to the circumstances, which can be fixed by practicing parliamentary ijtīhād by if and only if the experts islamic legal system. This study will deal with the literal meaning of the legal maxim, & will be explained with the references of Qur’an & Sunnah and its applications from Islamic law (al-fiqh al-islāmī). To make it more clear & evident this maxim will be compared with the constitution & penal code of Pakistan, focusing on the main differences between the concept of crime in both i.e. Islamic criminal law and the Pakistani law.

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