AI-based Translation in Criminal Procedure and the Due Process

2021 ◽  
Vol 13 (3) ◽  
pp. 147-174
Author(s):  
Han-Ky Kim
Keyword(s):  
Due Process ◽  
Criminal Procedure

Due process implications of law enforcement agencies using Investigative Genetic Genealogy to solve serious crimes

2021 ◽  
pp. 1037969X2110072
Author(s):  
Rhanee Rego ◽  
John Anderson
Keyword(s):  
Law Enforcement ◽  
Due Process ◽  
Criminal Procedure ◽  
Law Enforcement Agencies ◽  
Dna Databases ◽  
Genetic Genealogy ◽  
Legislative Reform ◽  
Critical Questions ◽  
Forensic Practice

Investigative Genetic Genealogy (IGG) has opened up new frontiers in the search for the perpetrators of serious crimes. The pool of data held by consumer DNA databases has enabled law enforcement agencies to undertake database matching to find biological relatives of an unknown perpetrator. This relatively new forensic practice is not, however, without concerns when benchmarked against established norms of investigative practice and criminal procedure. The critical questions emerge: how should IGG be used and in what circumstances? In this article, we contend that the current laws in Australia are not capable of regulating IGG appropriately and legislative reform is required.

scholarly journals Pembuktian Penetapan Tersangka Dalam Persidangan Praperdilan

JURNAL BELO ◽  
2019 ◽  
Vol 4 (2) ◽  
pp. 218-227
Author(s):  
Steven Makaruku
Keyword(s):  
Due Process ◽  
Minimum Principle ◽  
Criminal Procedure ◽  
Procedure Code ◽  
Due Process Of Law

The Criminal Procedure Code (KUHAP) is very different from Herziene Inlands Reglement (HIR), the Criminal Procedure Code adopts the principle of due process of law, which protects the rights of a suspect. Pretrial is an institution that oversees and can judge whether or not the act of determining the suspect conducted by the investigator is in accordance with the minimum principle of proof and in accordance with Article 183 and Article 184 paragraph (1) of the Criminal Procedure Code.

scholarly journals Role of the Court in Protecting Human Rights in crime-control Model, Accrording to the Criminal Procedure Code of 2015

2018 ◽  
Vol 34 (1) ◽  
Author(s):  
Le Lan Chi
Keyword(s):  
Human Rights ◽  
Criminal Justice ◽  
Criminal Justice System ◽  
Justice System ◽  
Due Process ◽  
Crime Control ◽  
Criminal Procedure ◽  
University Of Pennsylvania ◽  
Study Guides

The court exercises the judicial power, thereby plays an important role in protecting human rights. However, such role varies across nations and models of criminal procedure. Vietnam, the country has been following the model of crime control, has its corresponding approach to the role of the court in protecting human rights. Notwithstanding, the current context of improving the rule of law and human rights has posed challenges and raised questions of changing the approach. Keywords The Court, adjudication, human rights, model, due-process, crime-control, the accused References [1] Herbert L. Packer, Two models of the criminal process, University of Pennsylvania Law Review, 1964, 1 (http://scholarship.law.upenn.edu/penn_law_review/vol113/iss1/1) [2] Joycelyn M. Pollock, Ethical Dilemmas and Decisions in Criminal Justice, Cengage Learning, Boston, 2015, p.116 [3] https://www.cliffsnotes.com/study-guides/criminal-justice/the-criminal-justice-system/which-model-crime-control-or-due-process [4] Fairchild, E. and Dammer, H. R., Comparative Criminal Justice System, 2nd ed. Belmont, Wadsworth Thomson Learning, 2001, p. 146 [5] Fairchild, E. and Dammer, H. R., Comparative Criminal Justice System, 2nd ed. Belmont, Wadsworth Thomson Learning, 2001, p. 148 [6] Đào Trí Úc, Hệ thống những nguyên tắc cơ bản của tố tụng hình sự Việt Nam theo Bộ luật tố tụng hình sự năm 2015 (in trong sách chuyên khảo “Những nội dung mới trong Bộ luật tố tụng hình sự năm 2015”, Nguyễn Hoà Bình (chủ biên), Nxb. Chính trị quốc gia – Sự thật, Hà Nội, 2016, trang 59.

Political Theory and the Growth of Defensive Safeguards in Criminal Procedure: The Origins of the Treason Trials Act of 1696

1993 ◽  
Vol 11 (2) ◽  
pp. 215-255 ◽  
Author(s):  
Alexander H. Shapiro
Keyword(s):  
Eighteenth Century ◽  
Seventeenth Century ◽  
Political Theory ◽  
Due Process ◽  
Criminal Procedure ◽  
Central Place ◽  
Legal Change ◽  
Legal Scholarship ◽  
Trial Procedure ◽  
History Of

The Act for Regulating of Trials in Cases of Treason passed by Parliament in 1696 (the Trials Act) commands a central place in the history of criminal procedure. Addressing a serious imbalance in treason trial procedure that favored the prosecution over the defense, the Trials Act established a set of procedural safeguards for the treason defendant that eventually became paramount elements of English due process. While much legal scholarship has concentrated on the legacy of this legislation in the eighteenth-century criminal trial, only a few historians have attempted to account for the act's origins in the seventeenth century, and none have linked this moment of legal change with contemporary developments in political theory.

scholarly journals Zainab’s Murder: Heinous Crimes, Speedy Trial and the Challenge of Procedural Rights

2018 ◽  
Vol 4 (1) ◽  
pp. 11-29
Author(s):  
Ali Chughtai
Keyword(s):  
Due Process ◽  
Criminal Procedure ◽  
Fair Trial ◽  
Potential Danger ◽  
The People ◽  
The Press ◽  
Letting Go ◽  
Defence Counsel ◽  
Speedy Trial ◽  
Procedural Rights

In early 2018, a seven-year old girl, Zainab Amin, was raped and murdered in district Kasur, Punjab province, Pakistan. The cold-blooded incident shocked the people across the country. These questions included the suspect’s confession before trial, the in-camera trial being completed within four consecutive working days, the cross-examination of 56 witnesses, and the paucity of time given to the defence counsel. In this paper I argue that although such heinous offences should be awarded legally warranted punishment, the courts must ensure that the special criminal procedure does not let go the principle of due process. I take Zainab’s case as an example to see whether the principle of due process and procedural rights of the suspect were ensured as required for a fair trial. The paper puts to critical light the chronological facts of the case (as reported in the press) and relies on applied jurisprudence to underscore the potential/danger of letting go the due process and procedural rights in speedy trials.

scholarly journals Fulfillment of Defendant's Rights in PERMA Number 4 of 2020 reviewed from the Principle of Due Process of Law

2021 ◽  
Vol 5 (2) ◽  
pp. 89-104
Author(s):  
Dewi Bella Juniarti
Keyword(s):  
Supreme Court ◽  
Due Process ◽  
Secondary Data ◽  
Criminal Procedure ◽  
Criminal Cases ◽  
Research Results ◽  
Procedure Code ◽  
Due Process Of Law ◽  
Limited Scope ◽  
Laws And Regulations

The purpose of this study is to find out and analyze the defendant's rights and the obstacles to their fulfillment through the principle of due process of law. The defendant's rights are contained in Supreme Court Regulation Number 4 of 2020 concerning Administration and Trial of Criminal Cases in Courts Electronically. It was considered that during the Covid-19 pandemic, the trial was conducted electronically due to the emergence of public social restrictions. This research was conducted using the juridical-normative method by examining library materials and secondary data through a previous study of laws and regulations, books, and research results. The deviations of the fulfillment of the defendant's rights in the electronic trial from those previously contained in the Criminal Procedure Code occur because of the limited scope regulated by Supreme Court Regulation 4/2020 that concerning electronic trials, so it is considered difficult to implement the defendant's rights in practice fully. Non-optimal fulfillment of the defendant's rights indicates that the due process of law principle cannot be applied in electronic trials, so it is necessary to update regulations regarding electronic trials in Indonesia to optimize the to optimize the development of national law that considered the perspective of justice.

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