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To what extent are accused's backgrounds within the criminal justice system considered during the sentencing process, and if they are, how do judges make sense of them? To better understand this aspect of the sentencing process, this article examines data from interviews with, and observations of, 16 Sheriffs in 14 different Scottish Sheriff Courts. The accused persons' backgrounds were indeed considered during the sentencing process. However, how Sheriffs constructed their role as sentencers seemed to directly affect how they acknowledged and took them into account. [ABSTRACT FROM AUTHOR]

The article analyzes whether the Daubert standard govern admissibility of expert witness testimony in civil and criminal proceedings under the Florida Administrative Procedure Act. Topics discussed include applicability of the rule of sequestration in Fla. Indus. Power Users Grp. v. Graham, reliability of expert testimony in the SDI Quarry case against a mining company for compensatory damages to a man-made lake, and discretion of administrative law judges to apply Daubert in several cases.

Chile had a violent military coup (1973–1990) that resulted in 3,000 victims declared detained, missing or killed; many are still missing and unidentified. Currently, the Human Rights Unit of the Forensic Medical Service in Chile applies globally recognised forensic anthropological approaches, but many of these methods have not been validated in a Chilean sample. As current research has demonstrated population-specificity with extant methods, the present study aims to validate sex estimation methods in a Chilean population and thereafter establish population-specific equations. A sample of 265 os coxae of known age and sex of adult Chileans from the Santiago Subactual Osteology Collection were analysed. Visual assessment and scoring of the pelvic traits were performed in accordance with the Phenice (1969) and Klales et al. (2012) methods. The accuracy of Phenice (1969) in the Chilean sample was 96.98%, with a sex bias of 7.68%. Klales et al. (2012) achieved 87.17% accuracy with a sex bias of -15.39%. Although both methods showed acceptable classification accuracy, the associated sex bias values are unacceptable in forensic practice. Therefore, six univariate and eight multivariate predictive models were formulated for the Chilean population. The most accurate univariate model was the ventral arc at 96.6%, with a sex bias of 5.2%. Classification accuracy using all traits was 97.0%, with a sex bias of 7.7%. This study provides Chilean practitioners a population-specific morphoscopic standard with associated classification probabilities acceptable to accomplish legal admissibility requirements in human rights and criminal cases specific to the second half of the 20th century. [ABSTRACT FROM AUTHOR]

This article employs the ecological theory of "boundary work and exchange" to elucidate the latest reforms in China's procuratorial system, delineating the expanding remits of the procuratorates both within and beyond their traditional domain of criminal justice. Following the national supervision system pilot reform in 2016, which stripped the procuratorial bodies of their authority to investigate official crimes, China's procuratorates have endeavored to expand their jurisdictions in areas such as criminal, civil, administrative, and public interest litigation. By examining how China's procuratorates leverage their respective institutional advantages to broaden their functions, we find that they have not only strengthened their role in criminal proceedings but have also continuously expanded their functions beyond criminal litigation. These reforms follow a well-defined trajectory shaped by boundary work and exchange. However, in contrast to boundary work and exchange as usually theorized, which usually starts in ambiguous and elastic areas, China's procuratorial reforms are notably confined to a fixed sphere. This can be attributed to the procuratorate's pursuit of state support, which has, in turn, led to its constrained expansion. This enhanced theoretical framework sheds light on the evolving role of China's procuratorates and underscores the potential significance of ecological theory for understanding broader institutional reforms in China. [ABSTRACT FROM AUTHOR]

Previous research have considered presupposed knowledge as a communicational difficulty in conceiving the meaning of the articles of the legal cods by the reader / addressee. The main question is this: to which extent is the scope of the presumed knowledge? The hypothesis in this research, based on the functional grammar approach, is that the scope of presumed knowledge extends to the extent that in -text and out -of-text references expand the scope of text and meaning. We, in implementation, based on some selective and incidental articles from the Code of Criminal Procedure (CCP), have followed the scope of their references in order to discover its in -text and out -of-text network. The research results show that the domain of presumed knowledge, networked, includes all law codes, legal texts, legal theories, judicial structure, and related knowledge. The following types of references continuously delay the meaning of the clause and article to the last frontiers of presupposed knowledge: explicit references (in -text and out -of-text), implicit references (in -text and out -of-text) including: heterogeneous references, concurrent references, iterative references, and negative reference. Heterogeneous references show that criminal laws (Code of Criminal Procedure, Penal Code, and other criminal codes) focus on the "crime" as the core signifier reflecting the network of knowledge which is presupposed. The results show that any reference, even explicit reference, creates a level of communication complexity and becomes more difficult when the articles, rules, and texts refer to each other back and forth. [ABSTRACT FROM AUTHOR]

Copyright of Environmental & Social Management Journal / Revista de Gestão Social e Ambiental is the property of Environmental & Social Management Journal 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.)

Although policing is a public service, police records are not public records nor can one of the most prominent work product of police forces activities—case files—be easily found in public record offices or institutional archive services. Little research has been undertaken on what documents police casework (evidence to the evidence). The whole record of police investigation encompasses textual and artefactual material, making them complex documents worth exploring under the archival lens. This article establishes a landscape of police forces’ archival practice in England and Wales, through analysis of grey literature formalizing national recommendations on police IRM, especially archiving in the public interest. The study also includes a survey of current practice of what police forces loosely call ‘archiving,’ through a questionnaire (sent under FOI requests) to all 43 forces in England and Wales. Findings showed that there was little to no awareness of inter/national archival practice standards, in official discourse and in current practice, which correlates with little to no practical archiving of police case files in the public interest. These findings suggest that the absence of actualized police casework archives may result in an archival silence. [ABSTRACT FROM AUTHOR]

Copyright of Taiwan Law Review is the property of Angle Publishing Co., Ltd 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.)

Copyright of Forensic Science & Technology is the property of Institute of Forensic Science, Ministry of Public Security 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.)

Copyright of Arab Journal for Scientific Publishing is the property of Research & Development of Human Recourses Center (REMAH) 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.)

Criminal mediation is viewed as a promising alternative to traditional judicial procedures for resolving criminal disputes, offering a novel approach to alleviating burdens on the judicial system. This study examines the integration of mediation into Emirati criminal legislation, focusing on its potential to improve dispute resolution outcomes and reduce judicial workload. The UAE law has incorporated criminal mediation in the new amendment to the criminal procedures law by Federal Decree-Law No. 38 of 2022. This research aims to elucidate the provisions of criminal mediation and how it is organized within the UAE legal system. Employing an analytical descriptive methodology, the study explores the legal frameworks and procedural nuances of criminal mediation. It demonstrates how it can significantly mitigate the adverse effects on affected parties and decrease the recurrence of criminal behavior. The study recommends establishing a specialized training program for legal mediators, designed to equip them with the necessary skills to effectively handle diverse criminal cases, ensuring that mediation processes are conducted with the highest standards of justice and efficiency. Implementing such training programs would enhance the professionalism of criminal mediation and increase its success rates, contributing to a more effective and humane criminal justice system. [ABSTRACT FROM AUTHOR]

Copyright of Revista Foco (Interdisciplinary Studies Journal) is the property of Revista Foco 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.)

Background: Healthcare corruption poses a significant threat to individuals, institutions, sectors, and states. Combating corruption is paramount for protecting patients, maintaining the healthcare system's integrity, and preserving public trust. As corruption evolves, takes new forms, and adapts to changing socio-political landscapes, understanding its manifestations is critical to developing effective anti-corruption strategies at individual and institutional levels. Objective: The aim was to comprehensively collate the manifestations of different types of corruption in healthcare to illustrate prevailing patterns and trends and to provide policymakers, practitioners, and researchers with practical insights to inform research agendas, regulatory and governance strategies, and accountability measures. Method: We conducted a narrative review of scientific articles published between 2013 and 2022 using keyword searches in SCOPUS and EBSCO. We utilized the corruption typology proposed by the European Union and Thompson's Institutional Corruption Framework to systematically identify manifestations across different corruption types. The Prisma scheme was employed to document the selection process and ensure reproducibility. Findings: Bribery in medical service provision was the most frequently investigated form of corruption, revealing rather uniform manifestations. Misuse of high-level positions and networks and institutional corruption also received considerable attention, with a wide range of misconduct identified in institutional corruption. Extending the analysis to institutional corruption also deepened the understanding of misconduct in the context of improper marketing relations and highlighted the involvement of various stakeholders, including academia. The pandemic exacerbated the vulnerability of the healthcare sector to procurement corruption. Also, it fostered new types of misconduct related to the misuse of high-level positions and networks and fraud and embezzlement of medical drugs, devices, and services. Conclusions: The review spotlights criminal actions by individuals and networks and marks a notable shift towards systemic misconduct within specific types of corruption. The findings highlight the necessity of customized anti-corruption strategies throughout the healthcare sector. These insights are crucial for policymakers, practitioners, and researchers in guiding the formulation of legal frameworks at local and global levels, governance strategies, and research priorities. [ABSTRACT FROM AUTHOR]

AbstractSurvivors of sexual violence often experience short-and long-term mental and physical health conditions due to the victimization. Rape Crisis Centers are community-based advocacy organizations that provide free supportive services to survivors of sexual assault, such as 24-hour crisis hotlines, medical advocacy, individual and group therapeutic services, and victim advocacy services for those with cases within the criminal justice system. However, the efficacy of these services in assisting survivors is not well known, often due to researchers’ lack of access to clients. In this paper, we investigate the experiences of survivors directly from the survivors receiving psychotherapy services from a Rape Crisis Center in an urban jurisdiction in the Midwestern United States. We qualitatively interviewed nine survivors who attended individual and/or group therapy. In-depth analysis showed that four themes emerged regarding their experiences. Two themes pertain to positive outcomes—emotional processing and group therapy dynamics. One theme concerns obstacles. The final theme relates to suggestions for service improvement. The discussion includes summaries of the reflective findings and recommendations for future practice. This research contributes to informing and improving practices and policies to better serve survivors of sexual assault. [ABSTRACT FROM AUTHOR]

In a recent article in this journal, Isaac Taylor warned against the unconstrained use of algorithms as instruments to determine sentences in criminal cases. More precisely, what he argued is that it is important that the sentencing process serves a condemnatory function, and that the introduction of sentencing algorithms threatens to undermine this function. In this reply to Taylor, it is argued that even though his considerations are interesting as they direct attention to the sentencing process and not merely the output of algorithmic sentencing, there are nevertheless reasons to be skeptical of his argument. More precisely, it is argued, first, that it is far from clear that we must accept the basic premise underlying Taylor’s argument, namely, that the sentencing process should serve a condemnatory function and, second, that even if this premise is true, it does not follow that the condemnatory element of the sentencing process is undermined by introducing algorithms as advisory instruments at sentencing. [ABSTRACT FROM AUTHOR]

The book "Restorative Justice. Healing, Transformation, Justice, and Social Peace" by Otmar Hagemann deals with the topic of conflict mediation in criminal cases. The author has been researching and teaching various sociological, criminological, and victimological issues for over three decades. The book provides a comprehensive overview of the subject and includes theoretical derivations as well as application areas of restorative justice. It also addresses questions of victimization, abuse of power, empathy, female criminality, and discrimination in the criminal justice system. The third part of the book is dedicated to conferencing procedures in practice. The text describes various contributions and arguments on the topic of restorative justice. Practical application examples and dialogue procedures are outlined. The focus is on the application of restorative justice in the criminal justice system, both before and after a conviction. Various programs and pilot projects are presented that demonstrate the success of the measures. Additionally, the idea of "restorative prisons" is discussed, and the perspective of abolitionism is taken. Overall, the text is aimed at people who are interested in a world of diversity, humanity, justice, and social peace. [Extracted from the article]

The criminal action's prescription suspension arises from the configuration of an obstacle that turns the criminal prosecution procedure impossible to continue, as it follows from the Criminal Code, article 84, first paragraph. Before this norm's modification by Law N.° 31751, a typical moment of termination was expressly established. However, it is after this that, through its new second paragraph, the controversy about the duration of the suspension term due to contumacy and extradition processes came to an end, imposing a one-year legal material term for this purpose. [ABSTRACT FROM AUTHOR]

This article focuses on the analysis of popular accusation in the Spanish criminal procedure system, with special reference to the controversy, not exempt from social and political relevance, that accompanies the exercise of popular action by political parties, unions and business associations. Exercise that responds to a constitutional right, of legal configuration and, therefore, not absolute or unlimited; and over which flies over, the result of the unconsolidated and approved versions of successive reform projects of our criminal procedure (in particular, the Draft of the new Criminal Procedure Law of 2020), the sword of Damocles of a prohibition, perhaps interested and interesting for the governments in power, but in no way compatible with the advisability of monitoring the inaction of a Public Ministry, like the Spanish one, subject to the dictates of the principle of hierarchical dependency and no stranger to more than notable doses of politicization. [ABSTRACT FROM AUTHOR]

The starting point of this paper is an outline of the Chinese perspective on the status of the death penalty in international law. According to Article 1 of the Chinese Constitution of 4 December 1982 (revised 2018), the People's Republic of China is led by the Chinese Communist Party and guided by Marxism-Leninism and Mao Zedong Thought and the contributions of other Chinese leaders. Therefore, in the second part of the contribution the relationship between Sino-Marxist ideology and the death penalty is discussed. The third part is dedicated to the death penalty in Chinese legal history. The topic of the fourth part is the death penalty under the PRC's law. In the fifth part, a few aspects of the death penalty considered negative by legal scholars in the PRC are discussed. Finally, it is noted that the death penalty has been abolished in certain regions of the PRC. Not all the nuances and details concerning the death penalty in the PRC could be discussed here, with some simplification proving inevitable. [ABSTRACT FROM AUTHOR]

The article presents a book titled "Incidencias de la LUC en el Derecho Penal" (Implications of the LUC in Criminal Law), coordinated by Daniel Cabral and Pedro Montano, which analyzes the modifications introduced by the Urgent Consideration Law (LUC) in different aspects of criminal law in Uruguay. Several experts in the field, such as prosecutor Ignacio Montesdeocar, writer Miguel Ángel Gallegos, and professor Mauro Rinaldis, offer detailed analysis on the modifications in the Code of Criminal Procedure, expedited proceedings, juvenile criminal law, and other related topics. The book also addresses changes in the probation system, the practice and logic of the adversarial scheme in criminal proceedings, the police procedural law, the national registry of rapists and sexual abusers, among others. [Extracted from the article]

Along with its development, the category of sexual gratification emerged which received a lot of attention from the public and law enforcement officials. This sexual satisfaction is different from the satisfaction we know in general. The difference lies in the object. Sexual gratification is a form of degrading women's dignity. In Indonesia, sexual gratification has not been explicitly regulated. Therefore, this research will discuss the regulation of sexual gratification based on positive law in Indonesia and the evidence. From the results of the analysis it is known that sexual gratification can be included in the provisions of Article 12 B paragraph 1 of Law 20 of 2001 concerning Amendments to Law Number 31 of 1999 concerning the Eradication of Corruption Crimes. This can be found in the phrase "other facilities" where "facilities" themselves are defined as the means used to facilitate an implementation. Therefore, the use of sexual service facilities with the aim of achieving all desires is the intention of the party providing satisfaction. Proof of the existence of sexual gratification in eradicating corruption in Indonesia is based on criminal procedural law which refers to the Criminal Procedure Code (KUHAP) in Article 184 paragraph (1) and Article 26A of Law Number 20 of 2001 Jo. Law Number 31 of 1999 uses a reverse or balanced evidentiary system where the burden is on the Public Prosecutor and the defendant to provide evidence of the criminal act of sexual gratification for which the defendant is charged. [ABSTRACT FROM AUTHOR]

The Prosecutor's Office plays a crucial role in the functioning of the legal system. However, in reality, the Corruption Court is still located in every provincial capital in Indonesia, which often results in high costs for resolving corruption cases which are sometimes disproportionate to the losses they cause to the state. The author of this research focuses on analyzing circular letters belonging to the Deputy Attorney General for Special Crimes by linking the theory of Legal Economic Analysis as a form of consideration and also explaining how the Prosecutional Office applies a restorative justice approach. The research contributes to the topic discussed by evaluating the policy's significance and the prosecutor-office's role in handling corruption cases through the application of restorive justice principles. This study also aims to provide an overview of the challenges and technical legal issues faced by the public prosecutor in carrying out their responsibility to recover funds and/or state assets. [ABSTRACT FROM AUTHOR]

"What mama doesn't know won't hurt her" does not apply in the criminal justice system. To the contrary, the U.S. Supreme Court's holdings in Maryland v. Brady and Giglio v. United States make clear that what criminal defendants do not know may very well hurt them. The Supreme Court has held that criminal defendants are constitutionally entitled under the Sixth Amendment to favorable, material information about government witnesses that may be used to impeach those witnesses. This includes information that may impeach a police officer's credibility. This criminal due process right is crucial because law enforcement officers are routine witnesses at trial; they are often the first on the scene of a crime, have direct access to victims and witnesses, and are usually--if not always--the actors gathering the evidence that will form the foundation of the prosecutor's case. The police's control over criminal investigations gives them great control over the facts of a defendant's case, and therefore great control over what the prosecutor tells or does not tell the defendant. Thanks in part to social media, instances of police misconduct in America have taken on a life of their own and reignited conversations about what kinds of credibility information about police officers criminal defendants may be entitled to under the Sixth Amendment and Supreme Court case law. Iowa is not immune to police misconduct nor criminal behavior, yet Iowa does not have a consistent, statewide procedure for disclosing this information to criminal defendants. Prosecutors in large counties have formed lists of historically dishonest officers--"Giglio lists"--to keep afoot of their constitutional obligations, while it is doubtful that small counties ever disclose police misconduct information. And as it currently stands, the Iowa legislation directed at police misconduct disclosures--otherwise known as "Giglio disclosures"--appears to render this disclosure procedure optional. To remedy these disparities, this Note proposes an amendment to Iowa's existing Brady-Giglio statute that clarifies the prosecutor's constitutional obligation to disclose police officer credibility material, regardless of how they chose to collect their information. Finally, this Note proposes that in the counties which opt not to create a formal list, defense attorneys should be required to participate in the camera review process with the judge who evaluates a police officer's disciplinary record to inform the judge of the types of information sought. [ABSTRACT FROM AUTHOR]

The article presents a case study on the law that regulates disciplinary processes in the Brazilian Federal Public Service (Act 8,112/1990). The aim of this investigation is to examine the features of the law that may lead to unfairness in disciplinary processes. Two theoretical concepts guide the investigation: "institutional corruption" and "administrative evil." Institutional corruption refers to rules, arrangements, and procedures that, despite their legality and ethical intent, exert a systemic and strategic influence that impairs organizational performance and effectiveness. Administrative evil alludes to the phenomenon in which public officials cause harm to innocent people while explaining away their responsibility, usually by projecting negative emotions to an external "object" (i.e., another person). Through a comparison between disciplinary processes and criminal cases, the analysis makes evident that Act. 8,112/1990 deviates from its original purpose of promoting ethical behaviour in the public service because it fails to provide individual protections to defendants. Thus, disciplinary processes in the Brazilian Federal Government can be seen as a case of institutional corruption that opens opportunities for administrative evil. The article presents measures to prevent disciplinary processes from becoming conveyors of institutional corruption and administrative evil and suggest a theme for further research. [ABSTRACT FROM AUTHOR]

The purpose of our study is to research the criminal justice system's evolution, history, and reform in medieval Mongolia. Studying the evolution, history, and reform of the criminal justice system in medieval Asian countries is a fascinating and important endeavor. Additionally, a historical and legal analysis will be conducted, focusing on the era's innovative approaches to investigation and victim rights thinking. Understanding the history of investigative services is closely tied to the development of legal regulations for handling criminal cases. [ABSTRACT FROM AUTHOR]

This document is a response to an article that discussed the analysis of a DNA mixture found on a plastic bag containing illegal drugs. Two different probabilistic genotyping (PG) programs, STRmix™ and TrueAllele®, were used to compare the defendant's DNA profile to the mixture, producing different exculpatory findings. Individuals associated with both programs have responded, providing new data to explain the differences. However, it remains unclear which findings are more reliable, and further research is needed. The article focuses on three validation studies of TrueAllele, which suggest that the software may produce unreliable results. The author calls for standards and guidelines for the admissibility of TrueAllele evidence in court and criticizes the way the company presents its findings. The article concludes by emphasizing the need for the forensic science community to address these issues through the standards development process. [Extracted from the article]

The Special Tribunal for Lebanon ('STL') Trial Judgment in the Ayyash case contained some important comments that emphasised a decoupling of two sets of objectives in international criminal justice: individual criminal accountability and collective truth-telling. This article applauds these important comments as a welcome development in international criminal law. This article seeks to contextualise these important comments in the STL Trial Judgment within decades of international criminal jurisprudence regarding the place of historical truth-telling as a function of international criminal proceedings. This article will examine how international criminal justice evolved to promote the idea that truthtelling is one of the main objectives of international criminal trials. The article will then examine international criminal jurisprudence regarding balancing the objectives of truth-telling and individualised criminal accountability in international criminal proceedings and how these objectives have evolved over time. The article will also critically evaluate the normative claim regarding the lofty promises of truth-telling as an important tool for the realisation of peace and reconciliation in the context of international criminal proceedings. Against this background, the article will examine the noteworthy comments of the STL that decisively decouple the objectives of truth-telling from individualised criminal accountability in international criminal law. This article argues that while international criminal courts can certainly contribute to a range of transitional justice processes, international criminal justice alone cannot be regarded as the panacea, and the primary focus of an international court or tribunal must be the administration of individual criminal accountability. [ABSTRACT FROM AUTHOR]

As scholars apply the concept of "the carceral" to more and increasingly diffuse spaces of containment, displacement, and cordoning across free society, I call for a means by which "carcerality" is measured and understood as a productive force in the denial of constitutional rights and protections. I therefore provide a legal reading of carcerality, which establishes prisons as the sine qua non of the carceral landscape, preceded by an analysis of how the reliance on civil law, nuisance ordinances, and other methods of constitutional circumvention in the absence of criminal procedure works within the public sphere to punish residents residing within what Foucault called the carceral archipelago. Along the way I provide vignettes about my own experience with the legal and insidious forms of criminalisation and non‐criminal punishment that comprise the carceral continuum. [ABSTRACT FROM AUTHOR]

This Article reviews a recent traffic stop case in Illinois that looks unremarkable from a distance but, upon closer examination, contains a variety of criminal procedure questions about traffic stops, mistake of law, formation of suspicion, and--ultimately--the durability and flexibility of the reasonable, articulable suspicion standard itself when a bizarre fact pattern puts it to the test. In People v. Timmsen, the Illinois Supreme Court wrestles with the question of whether wholly legal behavior, when misinterpreted as illegal conduct, can create the basis for a roadside interaction and the evidentiary question of whether, given the facts particular to this case, the fruits of a subsequent search should have been available to the prosecution. This Article rejects the Illinois Supreme Court's conclusion and explains why the case could and should have been decided differently. Finally, looking to the not-so-distant future of autonomous vehicles, this Article imagines motorists' legal problems when they are questioned, detained, or searched for things their autonomous vehicles did innocently that may, as in the Timmsen case, look unusual at first glance but, nevertheless, should not by themselves arouse police suspicion; today's Google Maps route suggestions and rudimentary self-driving modes (like Tesla's FSD V12, newly released at the time of this Article) as a temporary state and prerequisite to a future ecosystem where automotive guidance technology and law enforcement scrutiny may collide unexpectedly. [ABSTRACT FROM AUTHOR]

This article provides an overview of the evolution of antitrust laws in the United States and their application to labor markets. It discusses the history of antitrust laws in labor markets and the recent focus on regulating competition in labor markets. The Department of Justice (DoJ) and the Federal Trade Commission (FTC) have been actively enforcing antitrust laws in labor markets, challenging anti-competitive conduct and issuing new guidelines. The article also highlights recent developments, such as the ban on non-compete agreements by the FTC and ongoing antitrust cases. It advises companies to review their practices in light of these developments. [Extracted from the article]

This article highlights the importance of emojis as evidence in courts of law. The article outlines the history of emojis from a global perspective, and how they have come to be used as a form of implicit and explicit communication. The global inconsistency of the interpretation of emojis is explored against the backdrop of multilingualism and multiculturalism. This creates complications when emojis are presented as evidence in both criminal and civil cases. All of the above is explored in relation to South African courts, and emojis are examined as part of the discipline of forensic linguistics. The Electronic Communications and Transactions Act, 25 of 2002 (ECT Act) provides guidelines on the rules of admissibility pertaining to data messages and other electronic communications, and is used for the interpretation of emojis as evidence in courts. Recommendations are made regarding the use of emojis as evidence in courts of law. [ABSTRACT FROM AUTHOR]

The article examines the Torture and Custodial Death (Prevention and Punishment) Act, 2022 in Pakistan, with special reference to its origin, characteristics, and the way it affects the criminal justice system. Topics discussed include genesis of the law, salient features of the law, and impact of the law on the criminal justice system.

The impact of algorithmic systems on the criminal trial is becoming increasingly relevant in the legal sphere in the context of globalization and the development of digital technologies. The aim of the study is to assess the role of algorithmic systems in improving the transparency, consistency, and objectivity of court decisions at the international level. The research employs empirical methods, including comparison and making statistics. The obtained results indicate a 50% increase in the efficiency of the judicial system when implementing algorithmic systems based on Big Data. The study emphasizes the importance of developing ethical guidelines and regulatory frameworks to prevent bias and abuse. The practical significance is the evaluation of international experience in the application of technologies to ensure the effectiveness and fairness of judicial decisions. The results of the study indicate the importance of integrating algorithmic systems into the judicial process for improving the quality of justice. [ABSTRACT FROM AUTHOR]

Criminal settlement, introduced by Decree-Law No. 38 of 2022 concerning the Criminal Procedures Law, offers a significant alternative to traditional criminal prosecution in Emirati legislation. This mechanism alleviates the judicial system's burden by avoiding lengthy criminal procedures. This research explores the nature, concept, and scope of criminal settlement, detailing its procedural stages and effects. Employing descriptive and analytical methods, it highlights that in misdemeanors, a successful settlement results in the termination of criminal action, unless new elements emerge. For felonies, it leads to reduced penalties. If a misdemeanor settlement fails, the public prosecution must initiate proceedings. The study recommends that the Emirati legislator ensure settlements are proposed only when the accused is not detained, to avoid coercion and ensure free consent. This is crucial for maintaining the integrity of the settlement process and upholding justice within the framework of Emirati law. [ABSTRACT FROM AUTHOR]

The aim of the article is to analyse the use of mediation in criminal procedures in different countries, including the European Union and Azerbaijan. The results are based on the analysis of data from government portal documents and the objective determination of the impact of mediation on the number of criminal cases and the effectiveness of conflict resolution. The practical significance is the developed recommendations and strategies for further improvement of mediation in criminal cases and optimization of the work of judicial bodies. The experience of European countries with regard to the use of mediation in the process of solving criminal cases and its impact on reducing the burden on the judicial system is the subject of active research in modern legal science. The practical significance is the comparative analysis of data on the effectiveness of mediation in the objective determination of the advantages of the appropriate regulatory approach to reduce the burden on the judicial system. [ABSTRACT FROM AUTHOR]

The issue of the role of the European Court of Human Rights in the formation of the procedures of criminal prosecution in Moldova is critically important for understanding the efficiency of the national justice system and determining strategies for its further improvement. The influence of the ECHR on criminal procedures directly influences the guarantee of human rights and the fairness of legal proceedings. The article aims to analyse the influence of the decisions of the ECHR on criminal justice in Moldova. Statistical methods of percentage ratios were used to evaluate crime dynamics, and characteristics of Moldova's legal system were formed based on the comparative analysis. The results found that complying with the European Convention on Human Rights will reduce crimes and increase trust in the legal system. The stable dynamics of crime reduction for 7% annually is observed based on statistical analysis. Recommendations of the ECHR and directions for improving criminal justice in Moldova were formed. The study results indicate the high efficiency of the changes made in national judicial practice. The perspective area is a study of the long-term influence of the decisions of the ECHR on the formation of legal norms and procedures in the criminal justice of Moldova. Special attention should be given to analysing the methods of integrating European standards into the Moldovan legal system with consideration of local peculiarities and needs. [ABSTRACT FROM AUTHOR]

This article explores the little-known need for the role of legal interpreters in the courtroom, particularly in criminal proceedings. This article, based on research in the professional literature, explores common misconceptions about the role of the legal translator, experienced by experienced professionals and likely experienced by many others in the courtroom. This article attempts to shed light on the complexities of legal translation and the challenges it faces in the criminal justice system. The article highlights important circumstances of the role of law, equality and justice can only be achieved if translations meet the highest standards. It also argues that safeguarding the integrity of the evidence and the defendant's right to a fair trial is accomplished by accurate translation. To achieve this, we use qualitative methods to tease out the full meaning of the topic through a scientific and insightful process. [ABSTRACT FROM AUTHOR]

The purpose of this paper is to cover the theoretical component of the mediation mechanism, to determine its place in the criminal procedure, as well as to conduct a comparative analysis based on the practices of its functioning in various countries, namely the United States of America, Great Britain, Germany, France. The theoretical methodological approach, the formal legal methodological approach, the dogmatic methodological approach, the method of legal hermeneutics and others were used to conduct this study. The results of the study showed that at this stage the institution of mediation is quite young, but it is a fairly effective way of alternative dispute resolution; the study analysed the world practices of advanced states in the functioning of mediation, as well as their legislative norms that regulate this institution, considering the specific features of each of the legal systems. [ABSTRACT FROM AUTHOR]

The purpose of this study was to identify the main international standards for the application of the principle of independence in the judicial process and the specifics of its implementation in Ukraine. The main methods used for scientific cognition included analysis and synthesis, formal-logical, historical-formal, induction and deduction, specification and generalisation, comparison. The study identified the principal international standards for the implementation of the principle of independence of participants in criminal proceedings, including judges and prosecutors, which include proper legal regulation of the status of judges and prosecutors, direct prohibition of influence from other branches of power. The study found certain differences between the independence of judges and prosecutors, which include the following features: the independence of a judge means being subject to the law and impartiality in relation to any party to the trial, while a prosecutor cannot be independent in this sense, since they represent the prosecution. [ABSTRACT FROM AUTHOR]

Copyright of Belügyi Szemle / Academic Journal of Internal Affairs is the property of Ministry of Interior of Hungary 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.)

The present study is a continuation of the presentation of some practical hypotheses for sending the criminal cases for retrial in consideration of the principle of the double degree of jurisdiction in criminal matters, as they were retained in the relevant jurisprudence consulted, in this matter. Thus, the following main situations are analyzed: the omission of the court to rule on some claims (other than those concerning the civil action) or applications, raised even ex officio, possibly following the omission of the correct (re)qualification of the object of the application in law; the wrong admission by the first court of the defendant's application for trial in the simplified procedure of the recognition of guilt or the absence of the judicial investigation in general; the non-compliance with the provisions of Article 406 (1) of the Criminal Procedure Code regarding the drafting of the decision at the time of the pronouncement, following the Decision of the Constitutional Court of Romania No 233/2021; the existence of some irreconcilable contradictions between different parts of the judgment or its pronouncement prior to the finalization of the procedural phase of the preliminary chamber; the non-inclusion in the case of some interested persons, in order to ensure the opposability of the jurisdictional act; the settlement of the case in the absence of the file or in the absence of any means of evidence subsequently referred to in the considerations of the decision. [ABSTRACT FROM AUTHOR]

Starting with July 2023 up until 1st of January 2024, a series of legislative changes were adopted regarding the Romanian Criminal Code, the Criminal Procedure Code, as well as other laws, bringing changes to the entire criminal investigation process as a result. The changes come as a consequence of numerous events that have propagated a strong social impact at the level of Romanian society in the recent period, but they also result from the need for criminal investigative bodies to keep pace with crime development, in all its forms. [ABSTRACT FROM AUTHOR]

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