Suchergebnisse

This research is focused to identify and analyze the role of the expert information as evidence in the case of corruption. One of the criminal acts of corruption that often occurs in the government is the criminal act of corruption in goods and services procurement, in which the perpetrators have abused the social aid fund from the government. There was the case of criminal act of corruption in goods and services procurement for social aid fund that occurred in Tabanan -Bali, which committed by I Wayan Sukaja, who had corrupted the State's financial or social aid fund. Within the process of verification in the trial, the public prosecutors submit 2 (two) experts who provided information to assist in terms of verification. This study uses normative research methods. The purpose of this study is to analyze the role of expert information as evidence in criminal act of corruption. The role of an expert cannot be ignored because it will help the judges, prosecutors and lawyers who have limited knowledge. If the expert's information is contrary, it could be ruled out by the judges but the expert's information that excluded must be based on clear reason, and the judges must have strong base in assess the role of the expert's information.

Статья содержит исследование актуальных проблем, связанных с осуществлением прокурорского надзора в сфере охраны животного мира. Автором проведен анализ действующего законодательства в целях определения основных путей повышения эффективности прокурорского надзора в сфере охраны животного мира. Установлены следующие предпосылки эффективного прокурорского надзора в сфере охраны животного мира: совершенствование методического обеспечения прокуроров; совершенствование работы по подбору и расстановке кадров в органах прокуратуры; совершенствование управления надзорной деятельности со стороны вышестоящих прокуроров; совершенствование законодательства об организации и деятельности прокуратуры. Рассмотрению всех этих предпосылок посвящена настоящая статья. ; The article contains a study of actual problems related to the implementation of prosecutorial supervision in the sphere of wildlife protection. The author analyzed the current legislation in order to determine the main ways to improve the efficiency of prosecutorial supervision in the field of wildlife conservation. The following prerequisites for effective prosecutorial supervision in the sphere of wildlife protection are established: improvement of methodological support for prosecutors; improvement of work on the selection and placement of personnel in the prosecutor's office; improvement of supervision over supervisory activity by higher prosecutors; improvement of legislation on the organization and activities of the prosecutor's office. All this is discussed in this article.

Using the cover of state secrets in order to suppress and conceal the conclusions of the Katyń investigation is a violation of current Russian law. And yet Russian prosecutors have engaged in a cover-up of the documentation involved in the long-standing international investigation into the Katyń Massacres of 1940. The outcome of the investigation is a far cry from a truthful accounting, instead attesting to the prosecutors' eagerness to avoid any indictment of the USSR's former top leadership, and more generally to their attempts to sweep the entire affair under the carpet. First, the Katyń Massacres are characterized not as a war crime but merely as an abuse of power by authorities. Second, the scope of culpability has been deliberately circumscribed: both Stalin and the Politburo members who approved the massacres have been absolved of blame. Third, the inquest shows serious lapses, as no complete list of victims has been made public—an essential step for both completeness of the investigation and for the possibility of the victims' subsequent rehabilitation. This article explains in detail the political and legal logic behind this treatment of Katyń-related documentation by the Russian political establishment since the dawn of the twenty-first century.

Bargaining in the "shadow of the trial," which hinges on the expectations of trial outcomes, is the primary theory used by noncriminologists to explain variation in the plea discount given to defendants who plead guilty. This study develops a formal mathematical representation of the theory and then presents an empirical test of the theory using an innovative online survey with responses to a hypothetical case from 1,585 prosecutors, defense attorneys, and judges. The key outcomes are the probability that the defendant will be convicted at trial, the sentence for the defendant if convicted, and the best plea that the respondent would accept or offer. Variation in the outcomes is created through experimental variation in the information presented to the respondents. Structural regression models are estimated to fit the formal theoretical models, and the instrumental variables method is used to correct for measurement error in the estimate for probability of conviction. The data support the basic shadow model, with minor modifications, for only prosecutors and defense attorneys. Controlling for the characteristics of the individual actors and their jurisdictions adds explanatory value to the model, although these control variables did not affect the key coefficients from the shadow model.

This book is the first to frame federal criminal law as a distinctive world created and shaped by the interplay between the three branches of the federal government. It provides an overview of basic doctrine while inviting students to explore the many difficult and unsettled questions that continue to perplex judges, prosecutors, defense attorneys, and policymakers. Particularly since students' basic Criminal Law courses draw on penal laws from any number of jurisdictions, this book will be their first exposure to an actual criminal law system, in which each law-shaping institution can react to the moves of the others. Features: Provides a comprehensive overview of the many federal criminal offenses prosecutors use to charge political corruption and explores difficult questions associated with criminalizing aspects of the political process. Frames apparently diverse offenses like money laundering, RICO, and material support to terrorism as the complicity-broadening devices that make them intellectually interesting and practically potent. Uses "Notes and Questions" to situate major cases in their proper political and historical contexts, tie together topics from different parts of the book that touch on similar themes, and explore lingering doctrinal ambiguities. ; https://scholarship.law.columbia.edu/books/1040/thumbnail.jpg

Attrition rate studies have outlined the role the 'real rape' stereotype plays in prosecutor decisions concerning the progression of rape cases through the criminal justice system. According to the 'real rape' stereotype, the victim should attend the medical examination with significant physical injury, and therefore police, prosecutors and jurors take injury evidence into consideration when deciding the veracity of the complainant's allegation. However, forensic medical studies have shown injuries to be rare, and even when present, consent cannot be dismissed. To this end, in nearly all cases Forensic Medical Examiners (FMEs) produce 'neutral reports'; reports that neither confirm nor deny the complainant's allegation. In this article I explore FMEs' justifications for neutral reports, and find that their production reinforces FMEs' expertise. FMEs construct boundaries, distancing themselves from contentious issues. While such boundaries ensure authority, they limit evidential significance, which in turn provides a space for the prosecution to dismiss evidence that does not conform to the popular understanding of rape. Such a 'vicious cycle' of prosecutorial decision-making removes the opportunity for FMEs to explain the limits of injury evidence to the police, prosecutors and the jury and reinforces the belief that injuries are a necessary outcome of rape assaults.

An important and highly discretionary component of the federal sentencing guidelines is the downward departure for providing substantial assistance. Critics charge that the substantial assistance departure, which requires a motion by the prosecutor, may produce the type of unwarranted sentencing disparity that the guidelines were intended to eliminate. Research reveals, for example, that jurisdictional variations are evident in the use of substance assistance departures (Johnson, Ulmer, and Kramer, 2008; Nagel and Schulhofer, 1992), and that the likelihood of receiving the departure is affected by legally irrelevant offender characteristics, which include race, ethnicity, and gender (Mustard, 2001). The purpose of this article is to extend this research by exploring the degree to which decisions regarding substantial assistance departures vary across prosecutors. Using data on offenders sentenced in three U.S. district courts and a multilevel modeling strategy, we investigate whether interprosecutor disparity exists in the likelihood of substantial assistance departures and in the criteria that prosecutors use in deciding whether to file a motion for a substantial assistance departure. Findings indicate that significant interprosecutor variation remains after taking into account offender characteristics, case characteristics, and the district in which the case is adjudicated.

Bibliography: leaves 109-114. ; This study explores the attitudes of the magistrates, prosecutors, and the probation officers at the Sexual Offences Court at Wynberg Magistrates Court regarding the sentencing of male child sexual offenders, as well as the types of sentences passed on sex offenders. A combination of documentary evidence, that is, court files, and qualitative and quantitative research methods was used. The quantitative aspect of the research lies in the aggregation of data collected from the court files. The qualitative dimension of the study is reflected in the interview schedules administered to the judicial officials and probation officers. The research findings indicate that magistrates and prosecutors are well informed about significant legislation that influences the sentencing of sex offenders. It emerged from the findings that the value systems and personal biases of magistrates surface when passing sentences on sex offenders. Lack of training opportunities for all judicial officials and probation officers in addition to a poor prison system with inadequate rehabilitation structures, were regarded as key challenges faced during the sentencing process. In the light of the research findings, recommendations were made to address the inconsistent sentencing practices of magistrates in regard to sexual offenders.

In After Homicide, Sarah Goodrum examines the experiences of the families of murder victims as they encounter detectives, prosecutors, counselors, and others in the criminal justice system. Goodrum traces each step of a murder investigation and trial, drawing on personal accounts and other primary sources. Based on extensive field research, her book is a uniquely comprehensive look at how the families of homicide victims are helped, and sometimes hindered, by the justice system

The changing face of the legal profession -- Finding happiness in a legal career -- Litigation vs. transactional lawyering -- The ABCs of law specialties -- Big and medium-sized law firms -- Small firms and solo practitioners -- In-house counsel and other corporate legal jobs -- Government agencies and departments -- Non-governmental public interest law -- Prosecutors and public defenders -- Private criminal defense -- JD advantage jobs -- Contract lawyers -- Judges, mediators, and arbitrators -- Judicial law clerks -- Legal academic jobs.

Each year in the United States nearly three hundred thousand people are sexually assaulted. New practices by police, prosecutors, nurses, and rape crisis professionals are resulting in more humane and compassionate treatment of victims, and more aggressive pursuit and prosecution of persecutors. Based on seven years of in-depth interviews in Cleveland, Detroit, Memphis and other cities, Johnston presents the people behind these new approaches and provides a template for organizations and communities to follow

18. What Prosecutors Won't Tell You, by Robert M. Morgenthau (Leaflet), February, 1995 (America's most distinguished prosecutor) [Abstract]19. Legislative Committee Hearing Testimony, July 13, 1995; 20. Legislative Committee Hearing Written Testimony, October 7, 1997, with covering letter; 21. Will Innocent Persons Be Executed?-Another Perspective, by Michael Radelet (Leaflet), November, 1998; 22. Michigan's Historic Ban of Capital Punishment (Leaflet), December, 1998; 23. The Cot of Capital Punihment (Leaflet), December, 1998.

Acknowledgements -- Contents -- Introduction -- 1: A New Chapter in Japanese Social and Legal History -- 2: An Earlier Experience of Lay Involvement in Court Decisions in Japan: The Jury 1928-1943 -- The Reception of Western Laws and Consideration of Juries -- The Jury -- Explanations for the Failure of Juries -- Judges, Prosecutors and Lawyers -- Reduction in Promotion to the Public -- Cultural Features -- Historical Explanations -- The Post-War Years -- References -- 3: Disquiet About Japanese Criminal Justice and a Revival of Interest in Juries

"An account of the brutal 1985 murders of three Communist party militants by agents of Chile's National Police, and of the efforts, over the next nine years, of independent prosecutors to bring those responsible to justice. Written by lawyers with access to prosecutorial files, it shows the extent to which personal and institutional moral decay permeated even the once widely admired Carabineros"--Handbook of Latin American Studies, v. 57

On July 2, Dutch prosecutors demanded a 27-year prison sentence for Ahmad Al Khedr for a single war crime and participation in a terrorist group in Deir ez-Zor, Syria. At the heart of the case is the execution of a Syrian officer, caught on camera. Historian Thijs Bouwknegt tells the story of the first Syrian tried for murder before Dutch courts. While Dutch investigators still struggle to bring cases against government agents.