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The limited existing research on how jurors evaluate informant testimony suggests jurors may not be appropriately responsive to cues that could signal informant unreliability. In particular, jurors may fail to account for and properly weigh evidence that an informant is testifying for an incentive when reaching a verdict. However studies in this area have some limitations in case type, materials used, and statistical power. The objective of the current study is to advance the research in each of these areas and provide new evidence about the impact of juror perceptions of informant incentives. This study used a novel fact pattern, video stimuli manipulations, and a large sample pool to test the impact of informant incentives on juror judgments. Participants who observed a highly incentivized informant, but not those who observed less incentivized informants, were more likely to acquit compared to participants who viewed an otherwise identical non-incentivized informant. Participants were also sensitive to incentive size in making situational attributions about the informant's motivation to testify. The results suggest that jurors may be capable of accounting for informant incentives in reaching a verdict, but only when the incentive size is substantial. [ABSTRACT FROM AUTHOR]

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The objective of criminal proceedings is to protect individuals, society, and the State from criminal offences, to safeguard the rights, freedoms, and legitimate interests of participants in criminal proceedings, and to ensure a prompt, comprehensive, and impartial investigation and trial. This ensures that every person who has committed a criminal offence is held accountable to the extent of their guilt, that no innocent person is accused or convicted, that no individual is subjected to unreasonable procedural coercion, and that each participant in criminal proceedings is treated with due diligence and fairness. In the context of this research, the legislative provision stipulating that «no innocent person shall be accused or convicted» holds particular significance. This provision mandates that, in any instance where a person’s innocence is established during a pre-trial investigation or court proceedings, due process of law must be observed, culminating in either the closure of criminal proceedings on rehabilitative grounds or an acquittal. The purpose of this article is to analyze the national legislation and doctrinal provisions of criminal procedure law concerning the concept of «acquittal» in criminal proceedings. Neither the current Criminal Procedural Code (CPC) of Ukraine nor any other legal act provides a definition of the concept of «acquittal». However, an analysis of the provisions of the CPC of Ukraine suggests that the legislator conceives of acquittal as (1) the result of the court’s determination of a person’s innocence, and (2) the formal recognition of that innocence in a court decision – an acquittal. Thus, «acquittal», in the legislative sense, is inextricably linked to a court’s acquittal decision and can only be rendered by a court. This article also examines various scholarly approaches to the understanding of «acquittal» in criminal proceedings. Based on the analysis of legislation and scholarly sources, the author formulates a definition of «acquittal» and posits that acquittal should be understood in a broader context, rather than being equated exclusively with a court’s acquittal decision. Since a person’s innocence can be established not only through an acquittal but also through other so-called «acquittal decisions», such as a decision to terminate criminal proceedings on rehabilitative grounds during the pre-trial investigation stage. [ABSTRACT FROM AUTHOR]

The Apostolic Constitution Pascite Gregem Dei. A brief but necessary historical retrospective of the presumption of innocence: a key to interpreting procedural guarantees. Onus probandi incumbit eo qui dicit: the right and duty to answer well-founded and documented accusations. In dubio pro reo: If the judge cannot establish the moral certainty of guilt, an acquittal sentence must be issued. Is there a right to acquittal? The presumption of imputability and the presumption of innocence. Some procedural consequences of the principle of presumption of innocence: notitia criminis and the prior investigation; the obligation of secrecy and confidentiality; the "administrativization" of criminal proceedings; precautionary measures; informing the accused so that the right of defense with regard to the accusations made is protected; moral certainty must be achieved; criminal conviction with mitigation; and the suspensive effect of appeal and appeal. Vademecum of the DDF. Admonitions and criminal remedies. Some concluding considerations. [ABSTRACT FROM AUTHOR]

Most lawyers and legal scholars are familiar with the Blackstone ratio- "better that ten guilty persons escape, than one innocent suffer." That ratio recognizes that erroneous judicial decisions impose costs on society. The need to reduce error costs explains many aspects of criminal law, including the reasonable doubt standard of proof, which reflects the assumption that erroneous convictions are far more costly than erroneous acquittals. In the civil law context, however, error costs have received much less attention. Scholars generally assume that error costs are symmetrical. In other words, an erroneous finding of liability is no more costly than an erroneous denial of liability. But it turns out that, as with criminal law, many areas of civil law involve asymmetric error costs, including antitrust, civil fraud, defamation, patent challenges, and cases involving liberty interests and other constitutional rights. This article provides the first in-depth analysis of asymmetric error costs in civil law. It shows that courts frequently identify asymmetric error costs in civil law. Courts seek to address those costs with familiar doctrines, including raising the standard of proof from a preponderance of the evidence to clear and convincing evidence, shifting the burden of proof, and imposing scienter requirements similar to those in criminal law. Courts take asymmetric error costs seriously, and they possess the necessary tools to address them. However, they have a mixed record of doing so, and they rely too heavily on the least reliable of the available tools: raising the standard of proof. Using examples from disparate areas of civil law, I identify the most effective tools to address asymmetric error costs and explain why courts use these tools infrequently. I also illustrate the inconsistent judicial treatment of asymmetric error costs, especially in cases involving reputational harms. [ABSTRACT FROM AUTHOR]

Section 75 of the Criminal Justice Act (CJA) of 2003 overturned the principle in English law that a person cannot be retried for an offense of which he has been acquitted, recognizing advances in forensic science that uses modern analysis of DNA in adducing in evidence. The special plea of autrefois acquit can be overturned based on finding of compelling evidence after a previous acquittal of a suspect who can now be tried again for the same offense. The double jeopardy arises only after a lawful acquittal or autrefois convict of the accused for the first offense and these principles have allowed exceptions to the rule against double jeopardy developed by the courts. There is an analogous rule in common law courts based on the unreasonable splitting of the case when there is a severing of indictments which overrides the bar on the accused being retried for the same offense. This paper examines the difficulty of trying a defendant fairly in the English courts when the defense has pleaded an abuse of process and there is no clear overall argument for trial. This question needs an appraisal of legal ethics in criminal courts because a retrial of the accused on the same charge breaches the autrefois acquit doctrine, and severing of an indictment can cause the fair trial process to be undermined. [ABSTRACT FROM AUTHOR]

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In cases of euthanasia, determinations of guilt may be influenced by legal and extra-legal factors. This study explores the role that nullification instructions play in juror decision making. A defendant may be viewed as less culpable if the act was done out of mercy and jury nullification may occur as a result. We anticipated that these determinations may be influenced by the manner of death and the relational distance between the defendant and the decedent. It is unknown how euthanasia is viewed when it is performed by a physician compared to a family member or friend. To answer these questions, participants acted as mock jurors in a euthanasia case. The descriptions of the case varied by the presence of nullification instructions, the manner of death, and the defendant's relationship to the decedent. The results revealed significant effects of method of euthanasia and the type of defendant on juror verdicts. Jurors were most likely to acquit in a case that provided nullification instructions and involved a spouse using lethal injection for euthanasia. This finding suggests that different circumstances of a euthanasia case will affect jurors' propensity to focus on personal sympathies and interpretations. Limitations and future directions are discussed. [ABSTRACT FROM AUTHOR]

This is the first paper to study accomplice plea bargains when motivated jurors incur an effort cost. I find that a prosecutor who wishes to ensure punishment for the guilty, and acquittal for the innocent, induces a unique perfect Bayesian equilibrium which is fully separating, simultaneously minimizing court costs as well as jurors' cognitive efforts. In this equilibrium, a very harsh plea bargain (with negligible plea discounting) is offered, and is accepted by all guilty defendants, and rejected by all innocent ones. Though the prosecutor has the ability to induce semi-separating equilibria, he will prefer the fully separating one. We can use the Cho-Kreps intuitive criterion to show that a pooling equilibrium does not exist. My results contrast sharply with the plea bargaining literature which finds a tradeoff between sorting efficiency and the harshness of punishments meted out to the guilty and which does not support a fully separating equilibrium. [ABSTRACT FROM AUTHOR]

Prosecution of criminals is costly and subject to errors. In contrast to adversarial court procedures, in inquisitorial systems the prosecutor is regarded as an impartial investigator and an aide to the judge. We show in a sequential prosecution game of a Bayesian court that a strategic interaction between these two impartial agents exists where each player may hope to free ride on the other one´s investigative effort. This gives rise to inefficient equilibria. The model demonstrates that the effectiveness of some policy measures that intend to curb the free-riding problem critically depends on the assumed benevolence of the prosecutor. We find that, if policy makers are unable to infer the true preferences of the prosecutorial body, the high burden of proof in criminal law may reduce the probability of court errors. Our analysis, therefore, substantiates claims made in the literature that inquisitorial procedures are introduced to avoid wrongful acquittals. [ABSTRACT FROM AUTHOR]

Children who do not understand the serious wrongness of their actions lack criminal capacity and cannot be convicted. At common law, children under seven are deemed to lack criminal capacity, children over 14 possess full capacity and children between seven and 14 are rebuttably presumed to lack capacity; the prosecution must prove capacity beyond reasonable doubt. Australia has increased the minimum age of criminal responsibility (MACR) to 10 and is considering a further increase. England & Wales and Northern Ireland have raised the MACR to 10 but have abolished the rebuttable presumption: at age 10, all children are assigned full criminal capacity. This article agrees with international calls for the MACR to be raised but argues that it is more important that the rebuttable presumption should be retained and extended. Children's brains and decision-making capacities continue to develop throughout their teenage years at different rates. The rebuttable presumption provides individualised justice for children facing developmental difficulties. To wrongfully convict a child who lacks capacity will unjustly damage their life chances. Where a child does have capacity, a variety of evidence may be available to the prosecution to prove it. If the prosecution fails to discharge the burden, the child should be acquitted. The acquittal may be mistaken, but this error is far less harmful than a wrongful conviction. [ABSTRACT FROM AUTHOR]

The Cross Industry Standard Process for Data Mining (CRISP-DM) framework was developed in the 1990s and has been widely used as the most relevant and comprehensive leading principle for conducting analytics projects. Despite the wide acceptance and adoption of the CRISP-DM framework, the current business analytics discipline often focuses on the modeling phase and overlooks the interplays between the phases. Consequently, students often lack a comprehensive understanding of the entire analytics process. This teaching case is created to demonstrate the importance of the data analytics life cycle and how six phases collectively contribute to the success of analytics projects using R. This case collects real-life data and follows the six CRISP-DM phases: business understanding, data understanding, data preparation, modeling, evaluation, and deployment. At the end of the project, students will learn the importance of the data analytics life cycle, especially the data understanding and preparation phases, which often receive minimal attention in business analytics projects. This project will also demonstrate the importance of storytelling, ensuring that critical insights are conveyed to the audience. [ABSTRACT FROM AUTHOR]

Copyright of Ankara Barosu Dergileri is the property of Ankara Bar Association and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Introduction to The Problem: Motive, if related to crime, refers to the urge contained in the mental attitude of the actor to implement that mens rea in an act that is committed to a crime actus reus. The incorporation of motive in cases involving premeditated murder under the legal framework of Article 340 of the Indonesian Criminal Code remains a contentious issue, lacking a consensus. While some individuals posit that premeditated murder necessitates the presence of a motive, contrasting viewpoints contend that the crime can be established without requiring evidence of a motive. Purpose: This study aims to provide an overview and analysis of the significance of understanding motives as a means for judges to find out the background of the premeditated murder so that the panel of judges renders a decision accurately and proportionately. Methodology: The method used in this research is the normative juridical approach that focuses on the study of literature and legislation with the specifications of analytical descriptive research. Findings: The study suggested that Article 340 of the Criminal Code lacks a comprehensive explanation of the presence of motives. Consequently, the implementation of motives is limited to the interpretation provided by legal scholars and the subjective discretion of the presiding judge in each individual instance. In the absence of an interpretation of this motive, the Panel of Judges is not obliged to find a motive for the murder. As a result, this leads to different decisions, some resulting in acquittal and others in conviction of the defendant, because the judge did not discover a motive for the murder during the presentation of evidence. Meanwhile, according to the Indonesian version of the Criminal Code, namely Law No. 1 of 2023, the existence of the motive is mandatory in sentencing as stated in Article 54 paragraph (11) sub b of the Criminal Code. [ABSTRACT FROM AUTHOR]

The fallible nature of the criminal justice system continues to see judicial errors—that is, wrongful convictions and erroneous acquittals—undermine its integrity, efficacy, and legitimacy. Public perceptions of judicial errors are important contributors to criminal justice policy and reforms. The current study utilizes the 2016 Australian Survey of Social Attitudes (AuSSA) dataset to examine public attitudes toward judicial errors. It applies Herbert Packer's crime control and due process models to understand how concerns around procedural safeguards and public safety are associated with public perceptions toward judicial errors. Packer's model has been challenged by studies, which theorize that the models are not mutually exclusive. Yet, they have not been empirically tested in this context, which is a gap this study seeks to fill. Findings show that due process and crime control concerns shape public attitudes toward wrongful convictions and challenge the notion that Packer's models be applied on a continuum. [ABSTRACT FROM AUTHOR]

The article analyzes the limitations imposed on the exercise of clerical ministry after an acquittal. It mentions the case of a priest acquitted of a crime of abuse, but who faces serious restrictions imposed by the bishop. The legitimacy of these prohibitions is questioned and it is argued that the bishop considers the facts to be true despite the acquittal. The legality and proportionality of these limitations are discussed, as well as the violation of universal rights in relation to the prohibition of wearing clerical attire. It is suggested that the dicasteries should apply jurisprudence in resolving hierarchical appeals. [Extracted from the article]

Copyright of Revista de Derecho Penal y Criminologia is the property of Editorial UNED and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

We analyze optimal sentence length for recurring crimes in the face of adjudication errors. We develop an infinite-horizon model where offenders are habitual—they repeat crimes whenever free. If apprehended, criminals may be wrongfully acquitted. Similarly, innocent people may be apprehended and wrongfully convicted. The key result shows how the risks of wrongful convictions and wrongful acquittals affect optimal sentencing. For reasonable ranges of parameter values, the two types of adjudication errors have the same qualitative effect on optimal sentencing: a greater risk of any of the two adjudication errors leads to a decrease in optimal sentencing. [ABSTRACT FROM AUTHOR]

This research comes to talk about one of the contemporary financial current controversial issues, which is the "forgotten cash transfer". The importance of this topic is to identify us for the juridical ruling of this current controversial issue. The research aimsto identify the meaning of the cash forgotten cash transfer and its causes, controls, provisions and its adaptation. The research depends on the Induction and descriptive analysis methodology and comparison. The research was divided into three sections. The first section dealt with the definition of the legal transfer and its juridical rules, while the second section dealt with the cash transfer, its types and its adaptation, and the third section dealt with the forgotten cash transfer, its causes, controls, provisions and its adaptation. The research concluded by mentioning the most important results and recommendations, including: that the forgotten cash transfer is treated as money that could not be returned to its owner, because the suspicion of it appeared when it was measured against it, and because of the acquit of those who settled with the money and could not find its owner by giving charity on his behalf; Because it is not permissible to own money and benefit from it, and because the owner of the money benefits from the reward of giving charity on it; It is not gathering for him to lose his money and the disposition of others with it, without benefit due to him. The researcher recommended the students of Islamic Sciences to pay attention to current controversial issues, and to explain the juridical ruling, for example: digital (electronic) currencies, the juridical ruling on their exchange and transfer, and so on. [ABSTRACT FROM AUTHOR]

William Blackstone famously expressed the view that convicting the innocent constitutes a much more serious error than acquitting the guilty. This view is the cornerstone of due process protections for those accused of crimes, giving rise to the presumption of innocence and the high burden of proof required for criminal convictions. While most legal elites share Blackstone’s view, the citizen jurors tasked with making due process protections a reality do not share the law’s preference for false acquittals over false convictions. Across multiple national surveys sampling more than 12,000 people, we find that a majority of Americans consider false acquittals and false convictions to be errors of equal magnitude. Contrary to Blackstone, most people are unwilling to err on the side of letting the guilty go free to avoid convicting the innocent. Indeed, a sizeable minority view false acquittals as worse than false convictions; this group is willing to convict multiple innocent persons to avoid letting one guilty person go free. These value differences translate into behavioral differences: we show in multiple studies that jury-eligible adults who reject Blackstone’s view are more accepting of prosecution evidence and are more conviction-prone than the minority of potential jurors who agree with Blackstone. These findings have important implications for our understanding of due process and criminal justice policy. Due process currently depends on jurors faithfully following instructions on the burden of proof, but many jurors are not inclined to hold the state to its high burden. Courts should do away with the fiction that the reasonable doubt standard guarantees due process and consider protections that do not depend on jurors honoring the law’s preference for false acquittals, such as more stringent pretrial screening of criminal cases and stricter limits on prosecution evidence. Further, the fact that many people place crime control on par with, or above, the need to avoid wrongful convictions helps explain divisions in public opinion on important policy questions like bail and sentencing reform. Criminal justice proposals that emphasize deontic concerns without addressing consequentialist concerns are unlikely to garner widespread support. [ABSTRACT FROM AUTHOR]

Legal procedures used to determine liability trade-off type-1 errors (e.g. false convictions) against type-2 errors (e.g. false acquittals). After noting that people's relative preferences for type-1 errors (compared to type-2 errors) appear to be negatively correlated with technological advancements, we study how the accuracy of evidence collection methods may affect the trade-off between these two errors. Counter-intuitively, we find that under some conditions, greater accuracy may result in a higher probability of type-1 error (or type-2 error) maximizing deterrence. Then, assuming both errors are decreasing in accuracy, we characterize the type-1 error that emerges under electoral pressures (when the median voter's preferences are implemented): convictions occur more often than is socially optimal but less often than is necessary to maximize deterrence. Moreover, as the harm from crime increases, the median voter becomes less tolerant of type-1 errors as the legal system's accuracy increases. We also show that, because the median voter is less averse toward type-1 errors than the average citizen, an increase in accuracy may reduce welfare. [ABSTRACT FROM AUTHOR]

During the research, we tried to find answers to the following questions. First of all, was the Soviet government innately ruthless only against its enemies? Secondly, after years, what was the evidence of the acquittals (verdict of "not guilty") given to those people? It should be noted that not all of the results obtained through the study of the documents of the women from Shusha and their family members available in our state archives and information collected about them from other sources are scientific novelty. This work nevertheless provides valuable material and insights, because we essentially used the archive documents of the State Security Service of the Republic of Azerbaijan. By the way, we used documents of the Archive of the Ministry of Internal Affairs of the Republic of Azerbaijan, too. These sources gave us very detailed information about this issue. Another advantage of that, they help us to explain the meaning of the "Great terror". Because great terror was "great" not only in terms of the numbers of its victims, but also in its great quantity of perpetrators, and that it was the regime's combining of "democracy campaigns" with the hunt for "enemies" that blurred the difference between hunter and hunted. Overall, this article is a unique investigation (only the families of the women from Shusha were studied) which confirms the results of the various studies on repression conducted earlier. This work is a valuable addition to the picture of the terror in Shusha, in the historical city of Azerbaijan. [ABSTRACT FROM AUTHOR]

In 2018, Cardinal George Pell was convicted by a jury of child sex offences committed 20 years earlier at St Patrick's Cathedral. At trial, the complainant's allegations were pitted against the testimony of church members that the defendant lacked opportunity. The tendency rule excluded allegations of Pell's other child sexual abuse. On appeal, a majority found the complainant highly credible, doubted the opportunity evidence, and upheld the convictions. However, on further appeal the High Court overturned the convictions, invoking procedural concerns relating to the prosecution's cross-examination and the defence's forensic disadvantage, and criticising the Court of Appeal majority for trespassing on the province of the jury by assessing credibility. The Pell acquittals are constructions in which process values had at least as great an impact as the evidence. [ABSTRACT FROM AUTHOR]

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The article analyzes the elements that make up the concept of natural punishment in criminal law. The minimum agreement on this concept is discussed, as well as the discrepancies regarding the requirements to recognize a natural punishment. Two court cases are presented in which the defendants were acquitted based on the concept of natural punishment, arguing that the suffering and damages suffered were sufficient and that imposing an additional punishment would be unnecessary and disproportionate. The importance of repentance and forgiveness in determining natural punishment is highlighted. [Extracted from the article]

Copyright of Journal of The Iraqi University is the property of Republic of Iraq Ministry of Higher Education & Scientific Research (MOHESR) and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

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• Conventional wisdom assumes evidentiary rules in criminal trials protect defendants. • Evidentiary rules may increase wrongful convictions and reduce rightful convictions. • If adjudicators are unbiased, evidentiary rules cannot improve accuracy in verdicts. • If adjudicators are biased, evidentiary rules may improve accuracy in verdicts. Evidentiary rules for criminal trials disallow various forms of probative evidence. Conventional wisdom assumes these rules benefit all defendants, whether guilty or innocent, and thus reduce wrongful convictions at the price of more wrongful acquittals. We show the conventional view only holds under stylized conditions. We further identify properties of evidence generation mechanisms under which the conventional view is backward: an evidentiary rule will harm the innocent and protect the guilty. However, if adjudicators place too much weight on the evidence, its exclusion can reduce both wrongful convictions and wrongful acquittals. [ABSTRACT FROM AUTHOR]

The study aimed to analyze the actions of the Professional Councils in relation to 966 professional-ethical complaints addressed to the Regional Council of Medicine of Minas Gerais between 2012 and 2017. The number of cases, gender, articles violated of the Code of Medical Ethics and decisions made in the lawsuits were considered. An expressive result was observed in terms of acquittal (535 cases) by the Regional Council of Medicine of Minas Gerais. There was a divergence when the same cases were evaluated by the Federal Council of Medicine, which upheld the acquittal in only 29% of the cases. Due to the methodology applied, it was not possible to go beyond speculation on the subject, being necessary a better analysis of the scientific community on this issue. [ABSTRACT FROM AUTHOR]

Copyright of Revista Espacios is the property of Talleres de Impresos Oma and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

This article focuses on the portrayal of sisters Antigone and Ismene in Thomas Watson's 1581 Latin translation of Antigone. In particular, I argue that Watson's portrayal of Antigone is more complex than previously thought and that she is in fact acquitted to some degree. Indeed, the prefatory paratexts and Watson's own legal commentary to the play (the Pomps and Themes) demonstrate that Watson's aim in translating Antigone is likely to have been to produce a practice law‐case. In this case, Watson's translation would illustrate an example of the need for the legal principle of equity, whereby a culprit could be granted mercy if the punishment in turn proved harmful to the community. Furthermore, the relationship between sisters Antigone and Ismene is inscribed within Watson's legal interpretation of the play. In particular, I argue, their portrayal in the play as being simultaneously of one blood and yet of opposite views is reprised in Watson's commentary as he raises both characters to represent different approaches to virtuous citizenship. [ABSTRACT FROM AUTHOR]