scholarly journals THE EVIDENCE OF ANONYMOUS WITNESSES IN CRIMINAL COURTS: NOW AND INTO THE FUTURE

2012 ◽  
Vol 21 (1) ◽  
pp. 67-92
Author(s):  
Alan George Ward
Keyword(s):  
Fair Trial ◽  
First Century ◽  
Criminal Courts ◽  
England And Wales ◽  
House Of Lords ◽  
The Government ◽  
The Right ◽  
Law Of Evidence ◽  
The Impact

Anonymous witness evidence, the use of which had quietly expanded in the early part of the twenty-first century in criminal courts in England and Wales, was significantly curtailed by the House of Lords in the case of R v Davis. Little over a month later the government had enacted legislation to minimise the impact of their Lordships’ ruling, yet the long-term future of this area of the criminal law of evidence remains undetermined. This article seeks to assess what impact the Criminal Evidence (Witness Anonymity) Act 2008 has had on the right to a fair trial in England and Wales and, subsequently, to weigh up the options for long-term reform in this area of the law. It will be submitted that the stated policy aim of the government, the protection of witnesses, can be achieved for the long-term without impeding or undermining the absolute right of the defendant to a fair trial.

scholarly journals Ban on electronic cigarettes in Brazil: a policy in favor of human rights

2020 ◽  
Vol 30 (Supplement_5) ◽  
Author(s):  
A C A Maia ◽  
D C Fabriz ◽  
T A Motta ◽  
V F Zanotelli ◽  
B Zamprogno
Keyword(s):  
Public Health ◽  
Human Rights ◽  
Electronic Cigarettes ◽  
Constitutional Rights ◽  
Individual Freedom ◽  
The Government ◽  
The Right ◽  
The Impact ◽  
Long Term Studies

Abstract This research aims to study the prohibition of electronic cigarettes' commerce in Brazil and to demonstrate its relevance in the realization of freedom and health, especially considering the impact of these devices worldwide. Also known as Electronic Nicotine Delivery Systems (Ends) and e-cigarettes it is a type of product designed to deliver nicotine, derived from tobacco leaf, in the form of an aerosol, some of which are also sold without nicotine. It is necessary to analyze, using rhetoric as method, as well as the science of statistics, the conflicting principles of freedom and life involved in the citizen's right to choose and public health, to answer the question: Is a complete ban on e-cigs the correct policy from the government? The commercialization, importation and advertising of electronic cigarettes was prohibited by the Brazilian Health Regulatory Agency (ANVISA) in 2009, thus banning, at least legally, access to the devices inside the country. Despite this prohibition, the trade in vaporizers and their fluids, which contains nicotine, is easily achieved on the internet, informally. It must be noted that, even considering the benefits of vaping for chronic smokers, there is the concern of secondhand smokers and the upsurge of young people taking on vaping to consider. The conclusion is that, although both individual freedom and health are constitutional rights, in this conflict between them, the suppression of individual freedom is needed, since health is a public concern, and it stands to reason that, even considering the lesser impact vaping has on people, compared to combustion cigarettes, there are two factors in play: First, nobody has the right to expose people to any chance of ill effects, negating the argument of reduced risks when compared to cigarettes. Secondly, there are no long-term studies to support the claims of safety in this practice. The ban, therefore, represents public health and respect regarding Human Rights. Key messages The conflict between individual freedom and health must prevent, in this situation, the possibility of affecting the health of new generations and nonsmokers. There are no long-term studies proving the safety of electronic cigarettes, therefore the law banning the product is a preventive act in the name of public health.

The Right to Information in India Implementation and Impact

2015 ◽  
Vol 2 (1) ◽  
pp. 17
Author(s):  
_______ Naveen ◽  
_____ Priti
Keyword(s):  
Public Life ◽  
Public Authorities ◽  
The Public ◽  
Know How ◽  
The People ◽  
The Government ◽  
Right To Information ◽  
The Right ◽  
The Impact

The Right to Information Act 2005 was passed by the UPA (United Progressive Alliance) Government with a sense of pride. It flaunted the Act as a milestone in India’s democratic journey. It is five years since the RTI was passed; the performance on the implementation frontis far from perfect. Consequently, the impact on the attitude, mindset and behaviour patterns of the public authorities and the people is not as it was expected to be. Most of the people are still not aware of their newly acquired power. Among those who are aware, a major chunk either does not know how to wield it or lacks the guts and gumption to invoke the RTI. A little more stimulation by the Government, NGOs and other enlightened and empowered citizens can augment the benefits of this Act manifold. RTI will help not only in mitigating corruption in public life but also in alleviating poverty- the two monstrous maladies of India.

Procedural fairness: Between human rights law and social psychology

2021 ◽  
pp. 092405192199274
Author(s):  
Cathérine Van de Graaf
Keyword(s):  
Human Rights ◽  
Procedural Justice ◽  
Well Being ◽  
Fair Trial ◽  
European Convention ◽  
Public Confidence ◽  
Social Psychological ◽  
Justice Research ◽  
The Right ◽  
The Impact

Fair procedures have long been a topic of great interest for human rights lawyers. Yet, few authors have drawn on research from other disciplines to enrich the discussion. Social psychological procedural justice research has demonstrated in various applications that, besides the final outcome, the manner in which one’s case is handled matters to people as well. Such research has shown the impact of procedural justice on individuals’ well-being, their acceptance of unfavourable decisions, perceptions of legitimacy and public confidence. The ECtHR has confirmed the desirability of these effects in its fair trial jurisprudence. Thus far, it remains unclear to what extent the guarantees offered by Article 6(1) of the European Convention on Human Rights (the right to a fair trial) coincide with the findings of empirical procedural justice research. This article aims to rectify this and uncover similarities between the two disciplines.

scholarly journals Direct harms and social consequences: An analysis of the impact of maternal imprisonment on dependent children in England and Wales

2018 ◽  
Vol 19 (5) ◽  
pp. 519-536 ◽  
Author(s):  
Shona Minson
Keyword(s):  
Social Processes ◽  
Social Consequences ◽  
Criminal Courts ◽  
Dependent Children ◽  
England And Wales ◽  
Child Relationship ◽  
Research With Children ◽  
The Family ◽  
Mother And Child ◽  
The Impact

This article draws upon research with children whose mothers were imprisoned in England and Wales, to investigate the impacts of maternal imprisonment on dependent children. The research directly engaged with children, in accordance with Article 12 of the UNCRC 1989, and is set within an examination of the differentiated treatment in the family and criminal courts of England and Wales of children facing state initiated separation from a parent. The article explores children’s ‘confounding grief’ and contends that this grief originates from social processes, experienced as a consequence of maternal imprisonment. ‘Secondary prisonization’ is characterized by changes in home and caregiver and the regulation of the mother and child relationship. ‘Secondary stigmatization’ occurs when children are stigmatized by virtue of their relationship with their mother. These harms to children call into question the state’s fulfilment of its duty to protect children under Article 2 of the UNCRC 1989.

scholarly journals Love in the time of Covid-19: a case-study of the complex laws governing weddings

Legal Studies ◽  
2021 ◽  
pp. 1-17
Author(s):  
Rebecca Probert ◽  
Stephanie Pywell
Keyword(s):  
First Century ◽  
Marriage Law ◽  
England And Wales ◽  
General Law ◽  
The Social ◽  
The Future ◽  
Fit For Purpose ◽  
The Law ◽  
The Impact

Abstract During 2020, weddings were profoundly affected by the Covid-19 pandemic. During periods of lockdown few weddings could take place, and even afterwards restrictions on how they could be celebrated remained. To investigate the impact of such restrictions, we carried out a survey of those whose plans to marry in England and Wales had been affected by Covid-19. The 1,449 responses we received illustrated that the ease and speed with which couples had been able to marry, and sometimes whether they had been able to marry at all, had depended not merely on the national restrictions in place but on their chosen route into marriage. This highlights the complexity and antiquity of marriage law and reinforces the need for reform. The restrictions on weddings taking place also revealed the extent to which couples valued getting married as opposed to having a wedding. Understanding both the social and the legal dimension of weddings is important in informing recommendations as to how the law should be changed in the future, not merely to deal with similar crises but also to ensure that the general law is fit for purpose in the twenty-first century.

scholarly journals The Impact of Climate Change on the Water Balance of Oil Sands Reclamation Covers and Natural Soil Profiles

2018 ◽  
Vol 19 (11) ◽  
pp. 1731-1752 ◽  
Author(s):  
Md. Shahabul Alam ◽  
S. Lee Barbour ◽  
Amin Elshorbagy ◽  
Mingbin Huang
Keyword(s):  
Oil Sands ◽  
Weather Generator ◽  
First Century ◽  
Soil Profiles ◽  
Percentage Increase ◽  
Climate Data ◽  
Historical Climate ◽  
Twenty First Century ◽  
The Impact

Abstract The design of reclamation soil covers at oil sands mines in northern Alberta, Canada, has been conventionally based on the calibration of soil–vegetation–atmosphere transfer (SVAT) models against field monitoring observations collected over several years, followed by simulations of long-term performance using historical climate data. This paper evaluates the long-term water balances for reclamation covers on two oil sands landforms and three natural coarse-textured forest soil profiles using both historical climate data and future climate projections. Twenty-first century daily precipitation and temperature data from CanESM2 were downscaled based on three representative concentration pathways (RCPs) employing a stochastic weather generator [Long Ashton Research Station Weather Generator (LARS-WG)]. Relative humidity, wind speed, and net radiation were downscaled using the delta change method. Downscaled precipitation and estimated potential evapotranspiration were used as inputs to simulate soil water dynamics using physically based models. Probability distributions of growing season (April–October) actual evapotranspiration (AET) and net percolation (NP) for the baseline and future periods show that AET and NP at all sites are expected to increase throughout the twenty-first century regardless of RCP, time period, and soil profile. Greater increases in AET and NP are projected toward the end of the twenty-first century. The increases in future NP at the two reclamation covers are larger (as a percentage increase) than at most of the natural sites. Increases in NP will result in greater water yield to surface water and may accelerate the rate at which chemical constituents contained within mine waste are released to downstream receptors, suggesting these potential changes need to be considered in mine closure designs.

scholarly journals Tipologi Penindakan Kejahatan Korporasi Dalam Korupsi Dana Bantuan Pandemi Covid-19

2021 ◽  
Vol 24 (01) ◽  
pp. 1-13
Author(s):  
Michelle Kristina
Keyword(s):  
Law Enforcement ◽  
Corporate Responsibility ◽  
Qualitative Methodology ◽  
Human Life ◽  
Criminal Liability ◽  
Assistance Program ◽  
Community Activities ◽  
The Government ◽  
The Right ◽  
The Impact

The development of human life nowadays cannot be separated from various aspects such as economy, politics, and technology, including the impact of the coronavirus outbreak (Covid-19 or SARS-CoV-2) which emerged at the end of 2019. Responding to this Covid-19 pandemic outbreak In Indonesia, the government has issued various policies as measures to prevent and handle the spread of Covid-19. One of these policies is to limit community activities. These restrictions have implications for the fulfilment of the economic needs of the affected communities. Responding to the urgency of this community's economic situation, the government held a social assistance program as a measure to ease the community's economic burden. However, the procurement of the program was used as a chance for corruption involving the Ministry of Social Affairs and corporations as the winning bidders. This study uses a qualitative methodology with a normative juridical approach and literature. The approach is carried out by conducting a juridical analysis based on a case approach. The results of the study show that the corporations involved cannot be separated from corporate responsibility. However, the criminal liability process against the corporation is deemed not to reflect justice for the current situation of Indonesia is experiencing. The crime was not carried out in a normal situation but in a situation when Indonesia was trying hard to overcome the urgent situation, the Covid-19 pandemic. Corporate crimes committed by taking advantage of the pandemic situation are deemed necessary to prioritize special action or the weight of criminal acts committed by corporations. The weighting of criminal sanction is the right step as a law enforcement process for corporate crimes during the pandemic.

scholarly journals KUALITAS PELAYANAN SEKOLAH TTERHADAP KEPUASAN MAHASISWA DAN PENCIPTAAN BRAND IMAGE

2018 ◽  
Author(s):  
Lusiah
Keyword(s):  
Higher Education ◽  
High School ◽  
Brand Image ◽  
Good Service ◽  
Good Image ◽  
New Students ◽  
The Government ◽  
The Impact

The development of higher education in Indonesia is increasingly evident. It is characterized by many private colleges are spread all over Indonesia. But in recent years the government did not give permission to those who want to establish a college. One reason is the government not only menginginkankan development in terms of quantity alone, but must be accompanied by good quality of any existing college.The number of colleges that exist today is already growing its own competition. The high level of competition among private universities is happening now requires every college has the right strategy to attract the interest of new students. Each college offers the advantages of each. However, not all universities have a particular brand image compared with other universities.One of the determining factors of brand image is the satisfaction of its customers. While satisfaction itself arises as a result of service perceived by the customer.College is not only required to provide a good quality education, but they also must be able to provide good service to students as well. Good service is expected to provide satisfaction for students. Of course in the long term, the impact of satisfaction that will form a good image for the college concerned anyway.STIE IBBI Medan is one of the private high school that has a good image in the city of Medan. However, STIE IBBI still have to further improve the quality of services provided to students. It is necessary to maintain the good image that has been owned STIE IBBI today.The plan of the research will be conducted in STIE IBBI Medan. The population is all students STIE IBBI. The long term goal of this research is to STIE IBBI to increase public confidence in higher education that will take in high school applying good quality excellent service. Expected from the results of this study, STIE IBBI can also implement appropriate marketing strategies to improve the quality of service to students. In addition, the results of this research can be a good reference for prospective new students who will pursue higher education in the STIE IBBI Medan.

scholarly journals Agricultural Land Conversion and the Influence of the Food Supply Chain

2021 ◽  
Vol 58 (1) ◽  
pp. 5518-5525
Author(s):  
M Chairul Basrun Umanailo Et al.
Keyword(s):  
Supply Chain ◽  
Agricultural Land ◽  
Analytical Techniques ◽  
Business Owners ◽  
Land Utilization ◽  
Trade Center ◽  
The Government ◽  
Productive Land ◽  
The Right

The phenomenon of changing the function of agricultural land in Namlea District becomes a problem when the amount of productive land decreases and has an impact on the availability of land for agricultural production and affects the supply chain of agricultural products to the community. The research was conducted to describe the conversion of agricultural land and its utilization in the Namlea subdistrict. The research site focuses on Namlea District Buru Regency with consideration of the availability of the number of agricultural lands that are less than other districts in the Buru Regency. The number of informants interviewed as many as 40 people consisting of landowners, farmers, business owners, and village apparatus. Analytical techniques used to follow the concept of Miles and Huberman where activities in the analysis of qualitative data are conducted interactively and continuously to find saturation in the data processing. The results showed that the reduction of farmland in Namlea district was due to the conversion of land for various activities including housing and development of the Trade Center. Besides, the use of converted land is caused by the system of personal ownership that is secured by the Government through the right to building or proprietary rights but has not fully set the long-term oriented land utilization pattern.  

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