scholarly journals Economics of Criminal Proceedings in View of Procedural Principles

2021 ◽  
Vol 5 (1) ◽  
pp. 1-12
Author(s):  
Dobrosława Szumiło-Kulczycka
Keyword(s):  
Economic Analysis ◽  
Scientific Evidence ◽  
Empirical Studies ◽  
The State ◽  
Criminal Trial ◽  
Economic Factors ◽  
District Courts ◽  
Economic Analysis Of Law ◽  
Criminal Proceedings ◽  
The Impact

This article was written as part of the Costs of a Criminal Trial in View of an Economic Analysis of Law research project. Part one contains deliberations on the impact of economic factors on the regulations concerning the criminal procedure. One needs to answer the question of whether such factors should be considered as affecting the principles on the basis of which the model of the criminal trial is being developed and whether there are any solutions that have been introduced specifically because of the profit and loss account related to the prosecution of a perpetrator. Part two focuses on the fundamental results and the conclusions of empirical studies carried out with respect to the expenses incurred by the State Treasury in criminal proceedings, considering the expenses incurred in serious cases, i.e., those examined in the first instance by regional courts, and in minor cases, which in the first instance are handled by district courts. Results and Conclusions: The article points out three fundamental factors determining the amount of the expenses, i.e., the fact of the accused being imprisoned during the proceedings, the use of scientific evidence (opinions produced by expert witnesses), and the participation of a public defender remunerated by the State Treasury.

Behavioral Law and Economics

2018 ◽  
Author(s):  
Eyal Zamir ◽  
Doron Teichman
Keyword(s):  
Economic Analysis ◽  
Bounded Rationality ◽  
Law And Economics ◽  
Empirical Studies ◽  
Securities Regulation ◽  
Critical Examination ◽  
Entire Body ◽  
Economic Analysis Of Law ◽  
Behavioral Law And Economics ◽  
The Impact

In the past few decades, economic analysis of law has been challenged by a growing body of experimental and empirical studies that attest to prevalent and systematic deviations from the assumptions of economic rationality. While the findings on bounded rationality and heuristics and biases were initially perceived as antithetical to standard economic and legal-economic analysis, over time they have been largely integrated into mainstream economic analysis, including economic analysis of law. Moreover, the impact of behavioral insights has long since transcended purely economic analysis of law: in recent years, the behavioral movement has become one of the most influential developments in legal scholarship in general. Behavioral Law and Economics offers a state-of-the-art overview of the field. The book surveys the entire body of psychological research underpinning behavioral analysis of law, and critically evaluates the core methodological questions of this area of research. The book then discusses the fundamental normative questions stemming from the psychological findings on bounded rationality, and explores their implications for establishing the aims of legislation, and the means of attaining them. This is followed by a systematic and critical examination of the contributions of behavioral studies to all major fields of law—property, contracts, consumer protection, torts, corporate, securities regulation, antitrust, administrative, constitutional, international, criminal, and evidence law—as well as to the behavior of key players in the legal arena: litigants and judicial decision-makers.

scholarly journals LIBERTAD DE EXPRESIÓN, REDES SOCIALES Y DERECHO PENAL

2020 ◽  
Author(s):  
Fernando Miró-Llinares
Keyword(s):  
Social Networks ◽  
Freedom Of Expression ◽  
The State ◽  
Free Expression ◽  
Constitutional Court ◽  
Criminal Proceedings ◽  
Redes Sociales ◽  
Need To Evaluate ◽  
Derecho Penal ◽  
The Impact

Nowadays it is easy to find public statements about the situation of freedom of expression in different democracies questioning the exercise of this right, perhaps as a result of the political tensions to which democratic states have been subjected in recent years. In this sense, Spain does not escape from these diagnoses. Both international indicators that try to measure the situation and evolution of freedom of expression in different States and academic scholars highlight the excessive criminalization of certain speeches that end up in criminal proceedings that sentence people who make offensive expressions, mainly through social networks. However, in order to reach this diagnosis it is necessary to put together all the symptoms that would lead us to that conclusion. Therefore, in this paper I analyze two main indicators that could shed more light on the state of freedom of expression in Spain and the impact that social networks have had on it. Firstly, I analyze the legislative evolution of expression offences since 1995, to evaluate the limits of certain expressions in order to reach the conclusion that, effectively, over the years the punitive scope of what cannot be expressed has been extended, thus limiting, at least in abstract, freedom of expression. Secondly, I analyze the jurisprudential evolution of all these crimes since 1995 to show that, indeed, the proliferation of sentences from 2015 to the present shows the increase in the criminalization of expressions that are made eminently through social networks such as Twitter and Facebook. To conclude, I reflect on the possibility that the latest absolutory sentence by the Constitutional Court of the singer of the band Def con Dos César Strawberry will increase the feeling that, from now on, all expression is admissible and, therefore, will increase free expression in general and, in particular, in social networks, since, it does not seem that our legislator is willing to rectify in its steps the excessive criminalization of certain offenses. I also reflect on the need to approach freedom of expression in a more empirical way and the need to evaluate not only the limitations that the law and judicial processes impose on freedom of expression, but also the extent to which citizens in general and, in particular, users of social networks, without the need to have gone through any criminal proceedings, have stopped expressing their opinions because only in this way will it be possible to determine the state of health of our right to freedom of expression.

Enforcing Rights against the State in India

2019 ◽  
pp. 211-279
Author(s):  
Florian Matthey-Prakash
Keyword(s):  
Supreme Court ◽  
Public Interest ◽  
Empirical Studies ◽  
The State ◽  
Access To Justice ◽  
District Courts ◽  
Public Interest Litigation ◽  
High Courts ◽  
The Supreme Court

Chapter 4 deals with the issue of lack of access to justice and attempts to find reasons for the inaccessibility of the higher judiciary. While it appears to be clear to observers that the Supreme Court and high courts are not accessible enough, surprisingly, there are actually no empirical studies that examine why this is the case. Some factors can, however, be deduced from a study dealing with the inaccessibility of district courts, that is, the lower judiciary.The fourth chapter also shows that the institution of Public Interest Litigation, for various reasons, cannot compensate for lack of access to justice, and that the state is not properly implementing (or not at all exploring) many other possible alternative mechanisms.

Impact of a course in evidence-informed policy-making on the acquisition of methodological knowledge: Findings from before-and-after studies conducted on three consecutive cohorts of master students

2019 ◽  
Vol 37 (3) ◽  
pp. 293-311
Author(s):  
Luc Lapointe
Keyword(s):  
Policy Making ◽  
Research Evidence ◽  
Positive Impact ◽  
Scientific Evidence ◽  
Empirical Studies ◽  
Public Affairs ◽  
Master's Students ◽  
Simple Task ◽  
Before And After ◽  
The Impact

The practice of evidence-informed policy-making (EIPM) consists of systematically searching, analyzing, synthesizing and disseminating the best available research evidence to inform decision-makers about policy problems, policy tools, implementation options, and/or policy evaluation results. Identifying the best available scientific evidence is not a simple task. The vast majority of research evidence contains risks of bias that hinder the reliability of their conclusions. In order to select the soundest available research evidence, policy analysts need to know how to critically appraise research evidence and identify different risks of bias. Formal theories on expertise acquisition in public bureaucracies suggest that these skills and knowledge should be acquired within academia rather than within governmental agencies. We thus created a 45-hour course in EIPM, POL-7061, that was first offered in 2012 to students enrolled in the Master’s Program in Public Affairs at Université Laval (Québec, Canada). The course mainly teaches techniques for searching and appraising different types of empirical studies. In 2013, we conducted a before-and-after study to assess the impact of the course on the methodological knowledge of the students. We repeated the exercise on two consecutive cohorts in 2014 and 2015. Mean percent of pre-post improvement on the knowledge test was 37% for the 2013 cohort, 51% for the 2014 cohort and 31% for the cohort of 2015. Teaching techniques in EIPM to Master’s students in public affairs is thus feasible and can have a positive impact on their basic methodological knowledge.

Formation of the Economic Model and the Impact of Economic Factors on the Health of Russian Population

2018 ◽  
Vol 8 (8) ◽  
pp. 2557
Author(s):  
Tamara G. ROMANOVA ◽  
Valentina D. BATOMUNKUEVA ◽  
Tatiana K. GYRGENOVA ◽  
Nataliya V. MONGOLOVA ◽  
Roman Zh. TSYDYPOV
Keyword(s):  
Federal District ◽  
The State ◽  
Economic Losses ◽  
Economic Factors ◽  
Main Task ◽  
Public Benefit ◽  
Level Model ◽  
The Individual ◽  
The Impact

The article is about the influence of economic factors on the health quality of the population as a public benefit. Health of the individual has an important role in national economy, both in processes of formation of public health, and in reproduction of quality of a manpower. The review of the indicators of evaluation test of health of the population applied in the Russian practice is given in article. Health of the population and economy of the state have close interrelation and interdependence: not only the economy influences health of the population, but also health of the population affects the economy of the state. The technique allowing to assess economic damages from loss of health on the basis of which economic losses from mortality of the population at working-age in Siberian Federal District are estimated is presented. The economic three-level model of health upgrading of the population allows to reveal paths of health upgrading for improvement of economy in the country is developed. The three-level model reflects preventive character with obligatory selection of the measures accompanying achievement of the main task – to upgrade the population health as the public benefit and to increase the level of economy.

scholarly journals The impact of economic analysis of law on legal thinking

2020 ◽  
Vol 6 (3) ◽  
pp. 109-114
Author(s):  
Ekaterina A. Koroleva
Keyword(s):  
Economic Analysis ◽  
Rational Choice ◽  
Point Of View ◽  
Economic Regulation ◽  
Economic Analysis Of Law ◽  
Race And Gender ◽  
The Law ◽  
And Gender ◽  
The Right ◽  
The Impact

The article deals with the main provisions of Richard Posners book How judges think, which is, according to the authors own assessment, an attempt by an American scientist to understand the motives that guide judges in making judgments. The emphasis Posner puts on psychology leads to the fact that the book gives the right to talk about how judges think, not about judicial behavior: considering traits, temperament, race and gender, as well as personal and professional experience. From all the above Richard Posner concludes that judges are guided by the rationality of actions and decisions. Therefore, special attention in this article is paid to the concept of rationality from the point of view of Posner himself, as well as the assessment of this concept from the point of view of Russian scientists V.L. Tambovtsev and L.V. Smorgunov, since this concept of rational choice reveals the essence of economic analysis of law. Special attention should be paid to the argument that according to Richard Posner, rational choice does not have to be without error in the conditions of lack of information or the complexity of its collection and analysis. The arguments of Henry Beckett, as one of the founders of the economic analysis of law, on rationality in the Commission of an offense are given. Also, the article considers the facts that allow to state that at present the economic analysis of the law has gone far beyond the initial attention to Antimonopoly regulation, taxation, regulation of public utilities, corporate Finance and other usual areas of economic regulation, the range of issues that can be resolved through economic analysis of the law is much wider and more diverse. According to the results of races-judgements and the estimation of economic analysis of law and the category of rationality in the legal field.

scholarly journals Proceeding the prosecutor’s waiver: between law and reality

2021 ◽  
pp. 6-11
Author(s):  
Tatiana Vizdoaga ◽  
Keyword(s):  
Driving Force ◽  
The State ◽  
Criminal Trial ◽  
Criminal Case ◽  
Criminal Proceedings ◽  
The Law ◽  
Core Issues ◽  
Trial Phase ◽  
Do So

The prosecution is the driving force behind the criminal proceedings. By presenting the prosecution with all his energy, insistence and competence, the prosecutor is obliged to do so only to the extent that the guilt is proven, taking into account the evidence supporting the defendant’s position. The prosecutor himself is obliged to strictly observe the law, to oppose any abuses and violations, regardless of the party whose interests are harmed. For the prosecutor, supporting the accusation is not an end in itself; or, the well-founded waiver of the accusation, as well as the support of the accusation, equally contribute to the achievement of the purpose of the criminal trial. This study discusses certain core issues related to the waiver of the state accuser to charge the trial phase of the criminal case.

scholarly journals IMPLEMENTAÇÃO DE EVIDÊNCIAS CIENTÍFICAS NA ASSISTÊNCIA AO PARTO NORMAL: ESTUDO LONGITUDINAL

2017 ◽  
Vol 8 (1) ◽  
pp. 27
Author(s):  
Rafael Cleison Silva Dos Santos
Keyword(s):  
Clinical Practice ◽  
Longitudinal Study ◽  
Educational Intervention ◽  
Medical Records ◽  
Clinical Audit ◽  
Scientific Evidence ◽  
Maternity Hospital ◽  
The State ◽  
The Impact ◽  
Childbirth Care

Objetivo: avaliar o impacto de uma intervenção educativa sobre práticas obstétricas e desfechos perineais. Método: estudo longitudinal, segundo a metodologia de implementação de evidências científicas na prática clínica, realizado com enfermeiros e médicos, puérperas e prontuários em uma maternidade pública de referência no estado do Amapá. Resultado: após a intervenção educativa, mais profissionais recomendaram as posições lateral e verticais no período expulsivo do parto; mais puérperas relataram as práticas de puxo dirigido e manobra de Kristeller; menos prontuários indicaram a laceração espontânea e graus de lacerações maiores. Conclusão: a intervenção educativa proporcionou resultados melhores, mas não estatisticamente significativos.Descritores: Auditoria clínica, Períneo, Pesquisa translacional.IMPLEMENTATION OF SCIENTIFIC EVIDENCES IN NORMAL CHILDBIRTH CARE: LONGITUDINAL STUDYObjective: to evaluate the impact of an educational intervention on obstetric practices and perineal outcomes. Method: longitudinal study, according to the methodology of implementation of scientific evidence in clinical practice, performed with nurses and doctors, puerperas and medical records in a referred public maternity hospital in the state of Amapá. Result: after the educational intervention, more professionals recommended the lateral and vertical positions in the expulsive period of childbirth; More puerperas reported the practices of directed pull and maneuver of Kristeller; Less medical records indicated spontaneous laceration and higher degrees of lacerations. Conclusion: the educational intervention provided better results, but not statistically significant.Descriptors: Clinical audit, Perineum, Translational research.IMPLEMENTACIÓN DE LA EVIDENCIA CIENTÍFICA EN LA ATENCIÓN DE PARTO NORMAL: UN ESTUDIO LONGITUDINALObjetivo: Evaluar el impacto de una intervención educativa sobre las prácticas obstétricas y resultados perineales. Método: Estudio longitudinal, de acuerdo con la metodología de implementación de la evidencia científica en la práctica clínica, realizada con las enfermeras y los médicos, las madres y los registros en una referencia maternidad pública en el estado de Amapá. Resultado: Después de la intervención educativa, la mayoría de los profesionales recomiendan las posiciones laterales y verticales en la segunda etapa del parto; más madres reportaron las prácticas de extracción y maniobra dirigida Kristeller; a menos que los registros que se indican las laceraciones espontáneas y un mayor grado de laceraciones. Conclusión: La intervención educativa poca mejora de las prácticas y los resultados perineales.Descriptores: Auditoría clínica, Perineo, Investigación traslacional.

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