The Principle of Presumption of Innocence in Criminal Proceedings and Problems of Its Implementation

2020 ◽  
pp. 86-91
Author(s):  
N. Yu. Borzunova ◽  
K. L. Maksimova ◽  
A. M. Tsechoev
Keyword(s):  
United States ◽  
United States Of America ◽  
The United States ◽  
Criminal Case ◽  
Football Players ◽  
Presumption Of Innocence ◽  
Criminal Proceedings ◽  
Plea Bargain ◽  
European Court ◽  
Theoretical Issues

The article deals with the specific features of the presumption of innocence principle and the problems of its implementation in Russia and the United States of America, as well as theoretical issues of this concept. The materials of practice reflecting violations of the principle of presumption of innocence are presented, and various opinions of legal scholars on the implementation of the principle of presumption of innocence are given. Examples from practice are analyzed, including cases that have a high public profile: the criminal case against two football players Pavel Mamaev and Alexander Kokorin, the decision of the Strasbourg European Court of human rights in the case “Fedorenko V. Russia” and the criminal case of the famous American producer Harvey Weinstein. The article analyzes the “plea bargain” that is used in the United States of America. The problems of implementing the principle of presumption of innocence and ways to solve them are outlined.

A Reflection on Issues involved in the Exercise of the Power of the Attorney-General to enter A Nolle Prosequi under the 1999 Constitution of Nigeria

2020 ◽  
Vol 2020 ◽  
pp. 79-109
Author(s):  
Dr Andrew Ejovwo Abuza
Keyword(s):  
United States ◽  
United States Of America ◽  
Research Methodology ◽  
Attorney General ◽  
The United States ◽  
Criminal Proceedings ◽  
Secondary Sources ◽  
Self Interest

The 1999 Nigerian Constitution bestows on the Attorney-General the power to enter a nolle prosequi in criminal proceedings. This paper reflects on issues involved in the exercise of the constitutional power of nolle prosequi. The research methodology adopted is mainly doctrinal analysis of applicable primary and secondary sources. The paper finds that the exercise of the constitutional power of nolle prosequi for self-interest or political considerations of the Attorney-General is unconstitutional. The paper suggests the subjection of the exercise of the constitutional power of nolle prosequi to the permission of the court in line with the practice in other countries like the United States of America (USA) and Kenya.

scholarly journals Investigative authority in foreign criminal proceedings

2020 ◽  
pp. 150-154
Author(s):  
Regina Toshtemirova
Keyword(s):  
United States ◽  
Federal Republic ◽  
Russian Federation ◽  
United States Of America ◽  
Preliminary Investigation ◽  
The United States ◽  
Federal Republic Of Germany ◽  
Criminal Proceedings ◽  
The Russian Federation

The article is devoted to identifying the features of the preliminary investigation of crimes and the scope of powers of authorized persons in the Federal Republic of Germany and the United States of America in order to compare with the existing system of justice in the Russian Federation.

scholarly journals ORGANIZATIONAL AND LEGAL ASPECTS OF WITNESS PROTECTION IN THE UNITED STATES OF AMERICA

2020 ◽  
Vol 16 (1) ◽  
pp. 162-167
Author(s):  
Гузель Каримова ◽  
Рим Каримов
Keyword(s):  
United States ◽  
United States Of America ◽  
The United States ◽  
Legal Aspects ◽  
Federal Bureau ◽  
Department Of Justice ◽  
Criminal Proceedings ◽  
Protective Measures ◽  
Federal Bureau Of Prisons ◽  
The Us

The article examines organizational and legal aspects of the implementation of the witness protection program in the United States. Special attention is paid to activities in this area of the US Department of Justice, the US Marshals Service, which directly provide protection for witnesses and the Federal Bureau of Prisons. Some statistics on witness protection are provided. Concrete protective measures and their application in relation to the participants in criminal proceedings are considered.

Thinking About Scots Law

1996 ◽  
Vol 1 (1) ◽  
pp. 3-24 ◽  
Author(s):  
Alan Rodger
Keyword(s):  
United States ◽  
Nineteenth Century ◽  
British Empire ◽  
United States Of America ◽  
Case Law ◽  
The United States ◽  
Memorial Lecture ◽  
University Of Edinburgh ◽  
The University

This article is the revised text of the first W A Wilson Memorial Lecture, given in the Playfair Library, Old College, in the University of Edinburgh, on 17 May 1995. It considers various visions of Scots law as a whole, arguing that it is now a system based as much upon case law and precedent as upon principle, and that its departure from the Civilian tradition in the nineteenth century was part of a general European trend. An additional factor shaping the attitudes of Scots lawyers from the later nineteenth century on was a tendency to see themselves as part of a larger Englishspeaking family of lawyers within the British Empire and the United States of America.

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