PLACE AND VALUE OF THE JURISDICTION COURT IN THE MODERN CRIMINAL PROCESS OF RUSSIA

2020 ◽  
Author(s):  
Тамерлан Шайх-Магомедович Едреев
Keyword(s):  
Criminal Justice ◽  
Criminal Justice System ◽  
Justice System ◽  
Criminal Process

В статье анализируется понятие и содержание суда присяжных, его значение в отечественной системе уголовного судопроизводства. The article analyzes the concept and content of the jury, its importance in the domestic criminal justice system.

scholarly journals Ideals and interests of participants in the digitalization of criminal proceedings

2020 ◽  
pp. 66-73
Author(s):  
V. I. Przhilenskiy ◽  
I. B. Przhilenskaya
Keyword(s):  
Criminal Justice ◽  
Law Enforcement ◽  
Criminal Justice System ◽  
Justice System ◽  
Digital Technologies ◽  
Criminal Proceedings ◽  
Criminal Process

The interaction of individuals, structures and collectives in the course of digitalization of the criminal process is analyzed. The goals of various participants in the process of introducing digital technologies into criminal proceedings are considered. It is concluded that it is necessary to timely identify all the stakeholders of digitalization and other actors involved in this process, the thesis is substantiated that it is expedient to take into account and agree on strategies in order to give consistency, predictability and controllability to the digitalization process of the criminal procedural sphere of law enforcement. Thus, the readiness of the criminal justice system for the planned and actually ongoing digitalization is being tested.

2. Towards a framework for evaluating the criminal process

2019 ◽  
pp. 22-58
Author(s):  
Liz Campbell ◽  
Andrew Ashworth ◽  
Mike Redmayne
Keyword(s):  
Human Rights ◽  
Criminal Justice ◽  
Criminal Justice System ◽  
Justice System ◽  
Theoretical Framework ◽  
Fundamental Rights ◽  
European Convention ◽  
Criminal Process ◽  
System A ◽  
Different Parts

This chapter advances a theoretical framework for evaluating criminal procedure, while keeping in mind the links between the different parts and aspects of the criminal justice system. A rights-based theory of the criminal process should have the twin goals of regulating the procedures for bringing suspected offenders to trial to produce accurate determinations, and ensuring that fundamental rights are protected in those processes. This approach should be adopted in England and Wales—both on principle and because it is implicit in international documents such as the European Convention on Human Rights that still plays a fundamental role in English law. Separate objectives for dispositive decisions are also proposed, including the decision to divert a person from the criminal process without trial.

scholarly journals Moral Origins — Reasonable Doubts

Russian judge ◽  
2020 ◽  
Vol 10 ◽  
pp. 62-64
Author(s):  
Elena V. Selina ◽  
Keyword(s):  
Criminal Justice ◽  
Criminal Justice System ◽  
Justice System ◽  
Mission Statement ◽  
Point Of View ◽  
Criminal Proceedings ◽  
Criminal Process ◽  
Moral Principles ◽  
History Of ◽  
The Law

Once again, it is time to talk about moral principles. This concept is clearly established in the law. But its content-content remains in the circle of discrepancies. The countdown of its history is usually considered when referring to the essay by A.F. Kony ‘Moral principles in criminal proceedings (General features of judicial ethics)’. This article is based on the author’s previous research, which showed that the idea of moral principles as a corresponding category was suggested by A.F. Kony and F.M. Dostoevsky. The article is devoted to the further goal-to extract the missing (according to the essay by A.F. Kony) information about moral principles from the artistic and publicistic works of F.M. Dostoevsky. The works of F.M. Dostoevsky are considered from the point of view of searching for the mechanism of the criminal justice system taking into account the moral principles. A.F. Kony’s essay on moral principles is filled with the history of the criminal process, and only a small part of it has become considered as a mission statement and widely.

scholarly journals Eighteen Is Not a Magic Number: Why the Eighth Amendment Requires Protection for Youth Aged Eighteen to Twenty-Five

2020 ◽  
pp. 807
Author(s):  
Tirza Mullin
Keyword(s):  
Criminal Justice ◽  
Supreme Court ◽  
Criminal Justice System ◽  
Justice System ◽  
Juvenile Court ◽  
Magic Number ◽  
Criminal Process ◽  
Diminished Capacity ◽  
Eighth Amendment ◽  
The Supreme Court

The Eighth Amendment protects a criminal defendant’s right to be free from cruel and unusual punishment. This Note argues that any punishment of eighteen- to twenty-five-year-olds is cruel and unusual without considering their youthfulness at every stage of the criminal process, and that it is unconstitutional under the Eighth Amendment for these youths to be automatically treated as fully-developed adults. This Note will explore in depth how juveniles differ from adults, both socially and scientifically, and how the criminal justice system fails every youth aged eighteen- to twenty-five by subjecting them to criminal, rather than juvenile, court without considering their youthfulness and diminished capacity. This Note proposes three reforms that, implemented together, aim to remedy this Eighth Amendment violation. First, the Supreme Court should apply the seminal cases of Miller, Roper, and Graham to eighteen- to twenty-five-year-olds. Second, all states should extend the age of juvenile jurisdiction to twenty-five, processing offenders twenty-five and younger through the juvenile system accordingly. Finally, every actor in the system—including courts, lawyers, and legislatures—should label eighteen- to twenty-five-year-olds as “youth” and consider their age at every stage of the criminal system.

scholarly journals Miscarriages of Justice and the Construction of Criminality in the People’s Republic of China

Amicus Curiae ◽  
2021 ◽  
Vol 2 (2) ◽  
pp. 261-267
Author(s):  
Yu Mou
Keyword(s):  
Criminal Justice ◽  
Criminal Justice System ◽  
Justice System ◽  
Criminal Process ◽  
Wrongful Convictions ◽  
Republic Of China ◽  
High Profile ◽  
The Media ◽  
Opening Up ◽  
Chinese Criminal Justice

Another high-profile miscarriage of justice was reported recently by the media in China, highlighting widespread issues concerning torture and other police malpractices within the Chinese criminal justice system. Drawing from analysis in my book on the Construction of Guilt in China, this Note outlines the key drawbacks of the Chinese criminal process which contribute to wrongful convictions, namely that none of the legal institutions exhibits the autonomy to check the credibility of the evidence impartially. Alongside the problems caused by miscarriages of justice, they are also indicative of the symptoms of a weak criminal justice system, thereby opening up opportunities for future reforms. Keywords: miscarriages of justice; China; criminal justice; case construction.

scholarly journals A criminal law for citizens

2010 ◽  
Vol 14 (3) ◽  
pp. 293-309 ◽  
Author(s):  
R.A. Duff
Keyword(s):  
Criminal Justice ◽  
Criminal Justice System ◽  
Criminal Law ◽  
Justice System ◽  
Criminal Process ◽  
Positive Account

Rather than appealing to penal parsimony as a constraint on the otherwise insatiable demands of the criminal justice system, we should develop a positive account of the proper aims of criminal law which shows parsimony, or moderation, to be integral to those aims. We can do this by developing a republican conception of criminal law as a law that citizens impose on themselves: such a law will be modest in its scope, and will provide a criminal process of trial and punishment that addresses those subjected to it with the respect due to them as citizens.

1. Introduction to the English criminal process

2019 ◽  
pp. 1-21
Author(s):  
Liz Campbell ◽  
Andrew Ashworth ◽  
Mike Redmayne
Keyword(s):  
Criminal Justice ◽  
Criminal Justice System ◽  
Justice System ◽  
Criminal Process ◽  
The Past

This chapter starts by presenting a brief sketch of the key stages and decisions of the criminal process which forms part of the English criminal justice system. The significance of those stages and decisions is discussed before they are then classified according to their nature and consequence. This is followed in the next section by differentiating between the criminal process and the system before moving on to orient the reader by outlining significant reforms that have shaped the criminal process in the past decades. There is a final concluding section.

scholarly journals Keterangan Ahli Warga Negara Asing dalam Peradilan Pidana di Indonesia

Lentera Hukum ◽  
2018 ◽  
Vol 5 (1) ◽  
pp. 89
Author(s):  
Vika Ayu Wandari
Keyword(s):  
Criminal Justice ◽  
Criminal Justice System ◽  
Criminal Law ◽  
Justice System ◽  
Criminal Process ◽  
Trial Process

Proof plays an important role in the process of adjudication in the trial process. In the criminal process, proof requires the attendance of an expert, particularly when it deals with an expert from abroad to provide statements in the courts. This paper aims to show the importance of evidences in the Indonesian criminal law procedure in which the statement to be delivered by an expert from abroad. It will discuss the importance of expert’s statement from foreign citizen to help judges in the criminal justice system of Indonesia. To judges, the statement of an expert has a power characterised as free and non-binding evidence by which the judgement fully depends upon judges’ conviction. While a foreign citizen arrives in Indonesia designated as an expert to provide witness in the trial process in which he/she does not hold visa, judges cannot dispute his/her absence of visa , but they are only given a power to consider the statement of such expert. With regard to visa, it is not the responsible of judges or the court, but the Immigration Bureau. Keywords: Proof, Evidence, Statement of Expert

Race and the Criminal Process: Breaking the Mould to Ensure Accurate Ethnic Monitoring

2002 ◽  
Vol 66 (6) ◽  
pp. 541-552 ◽  
Author(s):  
Kamal Sharma
Keyword(s):  
Criminal Justice ◽  
Criminal Justice System ◽  
Justice System ◽  
Home Office ◽  
Criminal Process ◽  
Tony Blair ◽  
The Media ◽  
Definition Of ◽  
The Impact ◽  
Ethnic Monitoring

The media, judiciary, legislature and the Executive currently agree that the criminal process is in need of reform. Indeed, on Tuesday 18 June 2002, Tony Blair described the criminal justice system as ‘antique and ineffectual’. This article investigates the purposes and uses of racial and ethnical terminologies in the criminal justice system. Notwithstanding the importance of existing racial definitions in criminal justice, a standard definition of ethnicity is regarded as necessary to ensure that ethnic monitoring is accurate and effective. Therefore this article questions the validity, accuracy and purposes of the terminologies used in contemporary and past studies in relation to the most extensive reports on ethnic monitoring; namely the National Censuses of Population, the Home Office Research Statistics and Development Directorate's publications and the British Crime Surveys'. This article also considers the impact that foreseeable social and demographic changes may have on the use of racial and ethnic classifications in the criminal justice system, as well as the ways in which the various bodies of the criminal process may prepare for potential changes.

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