Advanced Introduction to Landmark Criminal Cases

2021 ◽  
Author(s):  
George P. Fletcher
Keyword(s):  
Criminal Cases ◽  
Criminal Trials ◽  
High Profile ◽  
The Social ◽  
Social Importance

This engaging and accessible book focuses on high-profile criminal trials and examines the strategy of the lawyers, the reasons for conviction or acquittal, as well as the social importance of these famous cases.

Psychiatric Evaluation in Chinese Criminal Proceedings:A Legal Perspective

2021 ◽  
Vol 26 (1) ◽  
pp. 81-99
Author(s):  
Zhiyuan Guo
Keyword(s):  
Expert Opinion ◽  
Criminal Responsibility ◽  
Civil Law ◽  
Psychiatric Evaluation ◽  
Expert Witnesses ◽  
Criminal Cases ◽  
Criminal Trials ◽  
High Profile ◽  
Legal Perspective ◽  
Shed Light

Psychiatric evaluation is widely used in criminal cases to screen people with mental disorder because insanity can either exempt the offender from criminal responsibility or mitigate his/her criminal punishment. The operation of psychiatric evaluation in China used to carry a typical characteristic of civil law tradition, but recent reforms have strengthened the procedural safeguards for psychiatric evaluation and stressed the requirement of its presentation and examination in criminal trials. This article will explore how psychiatric evaluation is conducted, and how the expert opinion is presented and examined as evidence in criminal trials in China. Part I will give a historical overview of psychiatric evaluation in China's criminal cases. Part II will introduce the current legislation on psychiatric evaluation in China. Part III will explore problems with current legislation and practice. In this part, high-profile cases will be cited to illustrate loopholes in the psychiatric evaluation law and practical problems with the operation of evaluation. Potential solutions to these loopholes or problems will also be explored. Part IV will focus on the presentation and examination of psychiatrists’ expert opinion in criminal trials. Although expert witnesses are also required to testify before the court in China, very few of them take the stand in practice. This part will discuss why reforms kept failing and what should be done to bring expert witnesses to court. Psychiatrists are important expert witnesses; the discussion of live psychiatrists will shed light on the appearance of all the expert witnesses in Chinese criminal trials.

Sport Reporting in an Era of Activism: Examining the Intersection of Sport Media and Social Activism

2018 ◽  
Vol 11 (1) ◽  
pp. 2-17 ◽  
Author(s):  
Hans C. Schmidt
Keyword(s):  
Content Analysis ◽  
Social Activism ◽  
Television Programs ◽  
Political Issues ◽  
The Public ◽  
Sport Media ◽  
High Profile ◽  
The Social ◽  
The World

While there is a longstanding connection between sports and politics, this past year has seen a surge of social activism in the world of sport, and numerous high-profile athletes have used their positions of prominence to raise awareness of social or political issues. Sport media, in turn, have faced questions regarding how best to cover such activism. Given the popularity of sport media, such decisions can have real implications on the views held by the public. This scholarly commentary discusses how sport media cover the social activism of athletes and presents the results of a content analysis of popular news and sports television programs, newspapers, and magazines. Overall, results indicate that sport media are giving significant and respectful coverage to athletes who advocate for social or political issues.

Blockchain in operations for food service distribution: steps before implementation

2021 ◽  
Vol ahead-of-print (ahead-of-print) ◽  
Author(s):  
Mauro Vivaldini
Keyword(s):  
Supply Chain ◽  
Single Case ◽  
Real Life ◽  
Food Service ◽  
Content Type ◽  
Blockchain Technology ◽  
The Social ◽  
Safe Food ◽  
Social Importance ◽  
Operational Processes

PurposeConsidering the importance of a safe food chain for consumers and the advent of blockchain technology (BT), this research studies a food service (FS) distributor. The research aims to understand the implications related to the functional processes of distribution in FS in which it would be possible to use blockchain to achieve agility, transparency of information and improvements in food safety.Design/methodology/approachFirstly, theory regarding blockchain technology in the supply chain (BT-SC) and FS was analyzed to contextualize the theme conceptually. A single case study including 11 supply chain companies was applied in a BT implementation study in an FS distributor.FindingsInvestment in infrastructure is often identified as a barrier to adoption of BT-SC. This was, however, not found in this case. Furthermore, the validation of users was only necessary for those parties directly participating in the process or information input. Finally, findings differentiate between qualifying criteria and operational processes when considering BT projects in FS.Research limitations/implicationsThe findings are restricted to this single case that provided an in-depth understanding of the topic. Statistical generalization is not possible at this stage of the research.Practical implicationsThe study is a practical example and can provide several insights to anyone looking to implement BT in their SC.Social implicationsThe social importance of the study lies in the importance of FS in the food sector, and by presenting ways that contribute to mitigating risks to consumers.Originality/valueReal-life cases of application of BT-SC illustrate its functionalities in operational processes.

A case of murder in eighteenth-century Mongolia

1969 ◽  
Vol 32 (1) ◽  
pp. 71-90
Author(s):  
C. R. Bawden
Keyword(s):  
Eighteenth Century ◽  
Sources Of Information ◽  
Criminal Cases ◽  
General Outline ◽  
Official Document ◽  
The Social ◽  
Administration Of Justice ◽  
Local Officials ◽  
Law And Justice ◽  
The One

In general outline the pattern of government in Outer Mongolia during the Manchu dyasty in not unfamiliar and it is a well-known fact that there was no judiciary as such, the administration of justice being only one of the various duties of local officials at various levels. A certain amount of work has been done on problems of law and justice, but there remain many problems of detail to be both raised and commented upon. Two lines of inquiry are open. On the one hand it is instructive to see how the processes of investigation and trial worked—how an alleged offence came to offical notice, who investigated, how evidence was recorded, what instances a case passed through, and how, and on what legal basis, it was disposed of. Other closely related technical questions concern the form and language of official documents. On the other hand, examination of criminal cases will afford insight into the social status, living conditions, and perhaps the psychology, of the persons concerned. It is in fact largely through the medium of legal and other official documents that we shall glean whatever information there is to be had about the day to day lives of individual persons in Mongolia under the Manchus, since other sources of information—journalism, biography, fiction, letters, memoirs, and so on—are non-existent. Apart from reports of criminal cases, some of which have been dealt with in model fashion by Klaus Sagaster, much information can be found in other types of official document, such as complaints submitted by ordinary people against officials, but in the present article we shall be concerned exclusively with the report of one criminal case dating from the late eighteenth century.

scholarly journals ACTIVITY OF COURTS IN THE KHANTY-MANSIYSK AUTONOMOUS OKRUG TO STRENGTHEN THE LABOR DISCIPLINE OF THE SOVIET SOCIETY IN THE EARLY 1940s

2021 ◽  
pp. 51-58
Author(s):  
Aleksandr A. Kaвurkin
Keyword(s):  
Labor Policy ◽  
Soviet Society ◽  
Criminal Cases ◽  
Labor Discipline ◽  
The Social ◽  
Territorial Structure ◽  
Working Day ◽  
Second World ◽  
Significant Distance

The article reflects the peculiarities of implementing the penal and labor policy by the Soviet party and state bodies, including judicial ones in the Ostyako-Vogulsky, later Khanty-Mansiysk National Okrug, their interrelation in the early 1940s. The stages of evolving and forming the administrative-territorial structure in the region are also touched upon. The relevance of the stated topic is noted. In the conditions of the Second World War and on the eve of the Great Patriotic War in the USSR, there were noticeable changes in the social policy of the state, which were conditioned by the needs of the country’s defense. It is known that in the 1930s tensions in international relations increased, there was a threat of an attack on the USSR. Due to this in 1940s the transition to an 8-hour working day and a 7-day working week was carried out in all regions of the country. In the same year, a law was adopted on the judicial responsibility up to imprisonment for unauthorized leave, absenteeism and tardiness as a result of which criminal penalties and the role of punitive, including judicial, bodies were strengthened in the country. The article notes that in the harsh northern conditions, taking into account the vast territory of the district, a significant distance separating settlements from each other, the lack of proper transport links between settlements, it was impossible to properly and promptly ensure proper consideration of criminal cases, which did not allow the territorial judicial authorities of the Ostyak-Vogul (Khanty-Mansiysk) National Okrug to make correct and balanced decisions in a timely manner. However, the judicial authorities of the district played an important role in strengthening labor discipline in the region in the early 1940s.

scholarly journals Facebook and a Fair Trial: Caution, Challenge and Contradiction

2020 ◽  
Vol 2 (1) ◽  
pp. 135-151
Author(s):  
Kate Tubridy
Keyword(s):  
Social Media ◽  
Critical Discourse Analysis ◽  
Digital Communication ◽  
Meaning Making ◽  
Fair Trial ◽  
Critical Discourse ◽  
Criminal Trials ◽  
Legal Principles ◽  
High Profile ◽  
To Receive

This article explores the often fraught intersections between social media, fair trial principles and community engagement with high-profile crimes. Specifically, a detailed analysis is undertaken of the Facebook response to the arrest of Adrian Ernest Bayley for the murder of Ms Gillian (Jill) Meagher in Victoria, Australia in 2012. As one of the first Australian crimes to receive a significant social media response, this research provides empirical insights into the dynamic and evolving relationship between social media, the community and criminal trials. By drawing on a critical discourse analysis of over 3,000 comments on the R.I.P Jill Meagher Facebook page, this article identifies and critiques a ‘Discourse of Challenge’ in which digital communication enabled the reinterpretation of legal principles. Further, this article provides empirical insights into the meaning-making processes of Facebook discourses and focuses on how fair trial principles are contested on Facebook in novel and, at times, contradictory, ways.  

scholarly journals Legal Analysis of the Mass Corruption Phenomenon of Board Members and Criminal Liability

2019 ◽  
Vol 5 (1) ◽  
pp. 83-92
Author(s):  
Jonasmer Simatupang
Keyword(s):  
Social Issues ◽  
Criminal Liability ◽  
Board Members ◽  
Legal Analysis ◽  
Criminal Cases ◽  
Economic Rights ◽  
The People ◽  
The Social ◽  
The World ◽  
The Republic

The Republic of Indonesia unitary state ia a legal state based on the constitution. In a country that adheres to democracy, the law become the supreme commander in a effort to eradicate criminal cases and included acts of corruption corruption crime in Indonesia is a social issues that has never been exhausted to be discussed, in the world of law, this has been included in  the category of extradionary crime because is not only harms the state, but the practice also violates the social and economic rights of the community a large so that eradication action must also be carried out with extradionary legal force. A pattern or phenomena of bulk corruption is recently revealed by the people’s deputy officials. Almost the world room of the representative of the people of good people at the local people until the center was ever searched and representative of the people were brought to committing corruption in a way of like a budget, received a bribe and so forth. The practice has occured in the area of North Sumatera and city Malang. Various of these cases made the reputation of the people’s institutions deterioting among the people. Through this writing by analizing and investigating more deeply technical and systematic practice of the board members in the distorting the budget.

scholarly journals Νευροεπιστήμες και ποινικό δίκαιο: υποσχέσεις και περιορισμοί σχετικά με την εκτίμηση της ικανότητας για καταλογισμό

Bioethica ◽  
2016 ◽  
Vol 2 (2) ◽  
pp. 19
Author(s):  
Γεωργία-Μάρθα Γκότση (Georgia-Martha Gkotsi)
Keyword(s):  
Brain Research ◽  
Criminal Responsibility ◽  
Scientific Data ◽  
Legal Responsibility ◽  
Criminal Cases ◽  
Criminal Trials ◽  
Political Factors ◽  
Legal Proceedings ◽  
Legal Implications ◽  
The Impact

In recent years, an explosion of interest in neuroscience has led to the development of "Neuro-law," a new multidisciplinary field of knowledge whose aim is to examine the impact and role of neuroscientific findings in legal proceedings. Neuroscientific evidence is increasingly being used in US and European courts in criminal trials, as part of psychiatric testimony, nourishing the debate about the legal implications of brain research in psychiatric-legal settings.In this paper, we aim to examine the impact of Neuroscientific evidence in the assessment of criminal responsibility. We start with a brief historical survey of the relation between brain sciences and criminal law. We then present two criminal cases in the context of which neuroimaging techniques were introduced as evidence of diminished responsibility or irresponsibility and continue with a presentation of some significant limitations and difficulties that neuroscience faces in the assessment of penal responsibility. These limitations are scientific, legal but also of philosophical and conceptual nature.We conclude that addressing moral or legal responsibility might depend on scientific data, but requires entry to very different conceptual domains. The legal system cannot delegate to another field, scientific or otherwise, the ascription of legal meaning. Neuroscientific data, however accurate and reliable they may become in the future, cannot contribute to the assessment of criminal responsibility, unless they are contextualised and completed -or even confronted- with data collected on other levels of analysis, in particular on a psychological, anamnestic, sociological and economic level. Neurosciences, as sciences, can offer functioning and biological models of behaviours, while the assignment of responsibility is a normative issue. Although neuroscientific evidence can provide assistance in the evaluation of penal responsibility by introducing new determinisms in the behavioural analysis of offenders with mental disturbances, it does not dispense with the need to define the limits of responsibility and irresponsibility of the accused. This analysis, while it needs to take account of social, moral and political factors - in addition to elements contributed by experts - ultimately belongs to the legal sphere.

On the Evolution of the Northwest Coast Indian Communities (A Soviet-American Discussion and Its Sequel)

2021 ◽  
Vol 17 (51) ◽  
pp. 141-172
Author(s):  
Igor V. Kuznetsov ◽  
Keyword(s):  
The United States ◽  
Northwest Coast ◽  
Franz Boas ◽  
Class Theory ◽  
High Profile ◽  
Public Campaign ◽  
Political Views ◽  
The Social ◽  
The Right ◽  
High Degree

The article is devoted to the discussion among Soviet and U.S. scholars about the social organization of the Indians of the Northwest Coast of North America. In the classic textbooks on “primitive history”, the Indians of this region—the Tlingit, Haida, Tsimshian and Kwakwaka’wakw (Kwakiutl)—are mentioned as examples of a high degree of social differentiation based on a (fishing and maritime) foraging economy and even as instances of pre-state structures. The proposed concepts were, to varying degrees, determined by external factors: personal political views, high-profile events, or government pressure. In 1897, Franz Boas recognized the potlatch ceremony—demonstrative exchanges of gifts and destructions of surplus, a practice exotic to Europeans—as an analogue of a credit operation. This interpretation, not empirically substantiated, originated from a public campaign to legalize potlatch. In the 1930s, Julia Averkieva, a Soviet intern of Boas, interpreted some fragments of her mentor’s teaching through the Marxist class theory framework, shifting the emphasis from potlatch to slavery: the Northwest Indians allegedly began the transition to slavery from a classless system in which the potlatch was an instrument for preserving property equality. Averkieva’s interpretation became canonical in the USSR, whilst also finding some reception outside the socialist camp. In the United States, relativistic cultural interpretations dominated; domestic evolutionary Marxist models were marginal and were not rooted in the Soviet tradition. However, after the collapse of the USSR, they also became part of the research mainstream, being criticized not only from the right, but also from the left—from anarchist viewpoints.

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