plaintiffs of the fact of arrest, but delayed telling them the grounds, for 10 minutes in one case, and 23 minutes in the other. The Court of Appeal said that arrest was not a legal concept, but arose factually from the deprivation of a person's liberty. It was also a continuing act and, therefore, what had begun as an unlawful arrest could become a lawful arrest. The remedy for the plaintiffs was the damages they had been awarded for the 10 minutes and 23 minutes of illegality: £200 each. In DPP Hawkins, the Divisional Court held that an exception to the rule requiring information to be given to the arrestee exists where the defendant makes it impossible (for example, by his violent conduct) for the officer to communicate the reasons for the arrest to him. In that situation, the arrest is lawful and remains lawful until such a time as the reasons should have been given. The fact that the reasons were not given then does not invalidate the original arrest. The arrest would only become unlawful from the moment when the reasons for it should have been given to the arrested person. NEW POWERS UNDER THE CRIMINAL JUSTICE AND PUBLIC ORDER ACT 1994 Section Section of the CJPO 1994 provides for a new stop and search power in anticipation of violence and was introduced to deal with violent conduct, especially by groups of young men. Section

2012 ◽  
pp. 375-376
Keyword(s):  
Criminal Justice ◽  
Young Men ◽  
The Other ◽  
Public Order ◽  
Not Given ◽  
Legal Concept ◽  
The Moment ◽  
Court Of Appeal ◽  
Stop And Search

5. The Right to Silence and the Privilege against Self-Incrimination

Evidence ◽  
2018 ◽  
Author(s):  
Andrew L-T Choo
Keyword(s):  
Human Rights ◽  
Criminal Justice ◽  
Case Law ◽  
European Convention ◽  
Public Order ◽  
Substantial Body ◽  
Legal Advice ◽  
Right To Silence ◽  
The Right ◽  
Court Of Appeal

Chapter 5 deals with the right to silence and the privilege against self-incrimination. It considers relevant provisions of the Criminal Justice and Public Order Act 1994. These include sections 34, 36, and 37, which permit adverse inferences to be drawn from certain failures of the defendant at the pre-trial stage. Section 34, in particular, has generated a substantial body of case law. The manner in which the Court of Appeal has resolved the issue of silence on legal advice has been subjected to particular criticism. The operation of section 34 has been held to be compatible with the European Convention on Human Rights so long as a sufficiently watertight direction is given to the jury. The precise extent to which the privilege against self-incrimination applies to real evidence also remains uncertain and is an issue requiring resolution.

scholarly journals DECEPTION OFFENCE. ACQUITTAL SOLUTION. PRESCRIPTION TERM OF THE CRIMINAL LIABILITY

2020 ◽  
Vol 15 (3-4) ◽  
pp. 66-69
Author(s):  
Calina Andreea GARDIKIOTIS ◽  
Keyword(s):  
Criminal Liability ◽  
Decisive Role ◽  
Criminal Code ◽  
Criminal Trial ◽  
The Other ◽  
Civil Action ◽  
High Court ◽  
The Moment ◽  
Court Of Appeal

The Ploiesti Court of appeal changes the legal classification of the crime of deception, provided by art. 244 paragraph 1 of the Criminal Code with applic. art.5 of the Criminal Code, for which the defendants were sent to trial, in the crime provided by art.84 point 2 of Law no.59 / 1934 and orders the termination of the criminal trial against the defendants for the crime provided by art.84 point 2 of Law no.59 / 1934, as a result of fulfillment of the prescription term of criminal liability. Dismisses as inadmissible the civil action of the civil party SC H. P. SRL. It has not been proved the existence of certain, decisive malicious maneuvers, with a decisive role in determining the representatives of the civil party in the moment of concluding the sale-purchase contract, but, on the contrary, reveals that the parties had previously, for a period of almost 5 years, a good collaboration, in which they developed the same type of commercial relations. The representatives of the civil party knew that it was no money available in the debtor's account at the time of issuing the cheques by the defendants, and on the other hand, the payment of the goods was not made exclusively by cheques, as stipulated in the contract. The Court of Appeal also correctly held that the limitation period for criminal liability for the two defendants had expired. With regard to the civil action, in relation to the Decision no. 43/2008 of the High Court of Cassation and Justice- the United Sections, the Court of appeal did not solve the civil, rejecting it as inadmissible.

5. The Right to Silence and the Privilege against Self-Incrimination

2021 ◽  
pp. 115-141
Author(s):  
Andrew L-T Choo
Keyword(s):  
Human Rights ◽  
Criminal Justice ◽  
Case Law ◽  
European Convention ◽  
Public Order ◽  
Substantial Body ◽  
Legal Advice ◽  
Right To Silence ◽  
The Right ◽  
Court Of Appeal

Chapter 5 deals with the right to silence and the privilege against self-incrimination. It considers relevant provisions of the Criminal Justice and Public Order Act 1994. These include sections 34, 36, and 37, which permit adverse inferences to be drawn from certain failures of the defendant at the pre-trial stage. Section 34, in particular, has generated a substantial body of case law. The manner in which the Court of Appeal has resolved the issue of silence on legal advice has been subjected to particular criticism. The operation of section 34 has been held to be compatible with the European Convention on Human Rights so long as a sufficiently watertight direction is given to the jury. The implications for the privilege against self-incrimination of statutory provisions that criminalize the failure to provide information to law enforcement authorities are also considered.

Circulating Anticoagulant (Antifactor VIII) Treated with Immunosuppressive Drugs

1969 ◽  
Vol 21 (02) ◽  
pp. 249-258 ◽  
Author(s):  
L. A Sherman ◽  
M. A Goldstein ◽  
H. S Sise
Keyword(s):  
Factor Viii ◽  
Conventional Therapy ◽  
Immunosuppressive Drugs ◽  
The Other ◽  
Not Given ◽  
Factor Viii Concentrates ◽  
Short Courses

SummaryThree cases have been presented who had a circulating antifactor VIII anticoagulant developing spontaneously in non-hemophilic subjects. Following two short courses of azathioprine in one case there were transient incomplete remissions of a degree not seen in the previous 4 months of observation. In the other two cases complete remissions were observed within three weeks of beginning administration of 6-mercaptopurine. In one of these, a brief relapse was retreated successfully. In 4 other cases not given these drugs and in cases reported in the literature, such a rapid remission was not seen to occur spontaneously and happened only infrequently in cases given corticosteroids. On the basis of this experience, we suggest that in the treatment of antifactor VIII, if the disorder shows no improvement with conventional therapy (blood, factor VIII concentrates, and corticosteroids), a trial with immunosuppressive drugs is warranted.

The Final ‘Thank You’

Derrida Today ◽  
2010 ◽  
Vol 3 (1) ◽  
pp. 21-36
Author(s):  
Grant Farred
Keyword(s):  
South Africa ◽  
South African ◽  
Jacques Derrida ◽  
Political Transition ◽  
The Other ◽  
World Cup ◽  
The Core ◽  
Nelson Mandela ◽  
Black President ◽  
The Moment

‘The Final “Thank You”’ uses the work of Jacques Derrida and Friedrich Nietzsche to think the occasion of the 1995 rugby World Cup, hosted by the newly democratic South Africa. This paper deploys Nietzsche's Zarathustra to critique how a figure such as Nelson Mandela is understood as a ‘Superman’ or an ‘Overhuman’ in the moment of political transition. The philosophical focus of the paper, however, turns on the ‘thank yous’ exchanged by the white South African rugby captain, François Pienaar, and the black president at the event of the Springbok victory. It is the value, and the proximity and negation, of the ‘thank yous’ – the relation of one to the other – that constitutes the core of the article. 1

Macaronics as What Eludes Translation

Paragraph ◽  
2015 ◽  
Vol 38 (2) ◽  
pp. 214-230
Author(s):  
Haun Saussy
Keyword(s):  
Print Culture ◽  
The Other ◽  
Digital Code ◽  
Avant Garde ◽  
The Moment

‘Translation’ is one of our all-purpose metaphors for almost any kind of mediation or connection: we ask of a principle how it ‘translates’ into practice, we announce initiatives to ‘translate’ the genome into predictions, and so forth. But the metaphor of translation — of the discovery of equivalents and their mutual substitution — so attracts our attention that we forget the other kinds of inter-linguistic contact, such as transcription, mimicry, borrowing or calque. In a curious echo of the macaronic writings of the era of the dawn of print, the twentieth century's avant-garde, already foreseeing the end of print culture, experimented with hybrid languages. Their untranslatability under the usual definitions of ‘translation’ suggests a revival of this avant-garde practice, as the mainstream aesthetic of the moment invests in ‘convergence’ and the subsumption of all media into digital code.

Methods of Countering Cyber Recruitment (Iraq Model)

2019 ◽  
pp. 196
Author(s):  
Hind Mohammed Abdul Jabbar Ali
Keyword(s):  
Social Justice ◽  
Young People ◽  
Young Men ◽  
The Other ◽  
The Internet ◽  
Information Network ◽  
Political Repression ◽  
Electronic Information ◽  
Terrorist Organizations ◽  
Other Hand

Connecting to the  electronic information network (internet) became the most characteristic that distinguish this era However , the long hours which young men daily spend on the internet On the other hand ,there are many people who are waiting for the chance to talk and convince them with their views This will lead the young people to be part in the project of the “cyber armies “that involved with states and terrorist organizations  This project has been able  to recruitment hundreds of people every day to work in its rank . It is very difficult to control these websites because we can see the terrorist presence in all its forms in the internet   In addition there are many incubation environments that feed in particular the young people minds                                                                                         Because they are suffering from the lack of social justice Also the unemployment, deprivation , social and political repression So , that terrorist organizations can attract young people through the internet by convincing them to their views and ideas . So these organizations will enable to be more  stronger.

A Note on Mandela v Executors, Estate Nelson Mandela 2018 (4) SA 86 (SCA) and the Conundrum around the Customary Marriage between Nelson and Winnie Mandela

2019 ◽  
Vol 34 (2) ◽  
Author(s):  
Sipho Stephen Nkosi
Keyword(s):  
Supreme Court ◽  
The State ◽  
The Other ◽  
Customary Law ◽  
Eastern Cape ◽  
High Court ◽  
Nelson Mandela ◽  
The Supreme Court ◽  
Court Of Appeal

The note is about the appeal lodged by the late Mrs Winnie Madikizela-Mandela to the SCA against the decision of the Eastern Cape High Court, Mthatha, dismissing her application for review in 2014. In that application, she sought to have reviewed the decision of the Minister of Land Affairs, to transfer the now extended and renovated Qunu property to Mr Mandela and to register it in his name. Because her application was out of time, she also applied for condonation of her delay in making the application. The court a quo dismissed both applications with costs, holding that there had been an undue delay on her part. Mrs Mandela then approached the Supreme Court of Appeal, for special leave to appeal the decision of the court a quo. Two questions fell for decision by the SCA: whether there was an unreasonable and undue delay on Mrs Mandela’s part in instituting review proceedings; and whether the order for costs was appropriate in the circumstances of the case. The SCA held that there was indeed an unreasonable delay (of seventeen years). Shongwe AP (with Swain, Mathopo JJA, Mokgothloa and Rodgers AJJA concurring) held that the fact that there had been an undue delay does not necessarily mean that an order for costs should, of necessity, particularly where, as in this case, the other litigant is the state. It is the writer’s view that two other ancillary points needed to be raised by counsel and pronounced on by the Court: (a) the lawfulness and regularity of the transfer of the Qunu property to Mr Mandela; and (b) Mrs Mandela’s status as a customary-law widow—in relation to Mr Mandela.

Computational and experimental studies of the strength of full-scale samples of pipes with defects "metal loss" and "dent with groove"

2020 ◽  
Vol 10 (3) ◽  
pp. 226-233
Author(s):  
Dmitry A. Neganov ◽  
◽  
Victor M. Varshitsky ◽  
Andrey A. Belkin ◽  
◽  
...  
Keyword(s):  
Internal Pressure ◽  
Experimental Studies ◽  
Full Scale ◽  
The Other ◽  
Metal Loss ◽  
Calculation Methods ◽  
Reliable Operation ◽  
Sufficient Stability ◽  
Comparative Results ◽  
The Moment

The article contains the comparative results of the experimental and calculated research of the strength of a pipeline with such defects as “metal loss” and “dent with groove”. Two coils with diameter of 820 mm and the thickness of 9 mm of 19G steel were used for full-scale pipe sample production. One of the coils was intentionally damaged by machining, which resulted in “metal loss” defect, the other one was dented (by press machine) and got groove mark (by chisel). The testing of pipe samples was performed by applying static internal pressure to the moment of collapse. The calculation of deterioration pressure was carried out with the use of national and foreign methodical approaches. The calculated values of collapsing pressure for the pipe with loss of metal mainly coincided with the calculation experiment results based on Russian method and ASME B31G. In case of pipe with dent and groove the calculated value of collapsing pressure demonstrated greater coincidence with Russian method and to a lesser extent with API 579/ASME FFS-1. In whole, all calculation methods demonstrate sufficient stability of results, which provides reliable operation of pipelines with defects.

Introducing Victim Impact Statement in India: Reconceptualizing Victim Status

2021 ◽  
pp. 251660692199175
Author(s):  
Devansh Dubey ◽  
Payas Jain
Keyword(s):  
Criminal Justice ◽  
Subjective Experience ◽  
Due Process ◽  
Not Given ◽  
Therapeutic Tool ◽  
Victim Status ◽  
Victim Impact Statement ◽  
The World ◽  
Due Process Of Law ◽  
The Right

The right to fair trial is inherent in the concept of due process of law, which now forms part of Article 21 of Indian Constitution after the Maneka Gandhi judgement. Pertinently attached with the same comes the responsibility of the criminal system to treat victims with increased awareness and sensitivity. However, the established convention shows that in planning and developing administration of criminal justice, proper attention is not given to the victims of crime in achieving goals of criminal justice; the major cause of it being that a victim is heard only as a witness not as a victim. A credible response to the said issue has emerged in the form of victim impact statement (VIS) in the modern legal system across the world. With that being said, the researchers through this article try to deduce the need for incorporating a VIS in India through the various jurisprudential understandings of what it means to be a victim, including the gap between the subjective experience of the sufferer and the interpretation of the same by others, and what restorative justice would mean to heal a victim. Establishing upon the same premise of victim status, the researchers try to suggest that the introduction of VIS, with the primary purpose of it being a therapeutic tool and not an instrument of changing the course of justice, will serve to make us reconsider our contours of a ‘victim’.

Sign in / Sign up

Export Citation Format

Share Document