Log in

Relevant bibliographies by topics / Judicial miscarriage / Journal articles

To see the other types of publications on this topic, follow the link: Judicial miscarriage.

Journal articles on the topic 'Judicial miscarriage'

Author: Grafiati

Published: 30 May 2022

Last updated: 31 July 2025

Create a spot-on reference in APA, MLA, Chicago, Harvard, and other styles

Select a source type:

Consult the top 50 journal articles for your research on the topic 'Judicial miscarriage.'

Next to every source in the list of references, there is an 'Add to bibliography' button. Press on it, and we will generate automatically the bibliographic reference to the chosen work in the citation style you need: APA, MLA, Harvard, Chicago, Vancouver, etc.

You can also download the full text of the academic publication as pdf and read online its abstract whenever available in the metadata.

Browse journal articles on a wide variety of disciplines and organise your bibliography correctly.

1

Momotov, Viktor V. "Judicial Discretion, Judicial Errors and Disciplinary Responsibility of Judges: Current Issues." Rossijskoe pravosudie, no. 5 (April 25, 2024): 5–17. http://dx.doi.org/10.37399/issn2072-909x.2024.5.5-17.

Full text

Abstract:

This article analyses the concept of miscarriage of justice in the context of disciplinary responsibility of judges. In the first part of the article the author proves the necessity and inevitability of judicial discretion as a tool to ensure the consistency of legal regulation, and also raises the problem of the limits of judicial discretion. It is argued that disciplinary measures should be applied only in exceptional cases, otherwise the independence of the judge will not be ensured. With this in mind, the second part of the article defines the relationship between the concepts of “discipli

APA, Harvard, Vancouver, ISO, and other styles

2

Mashinnikova, N. O. "ABUSE OF THE RIGHT AND JUDICIAL ERRORS IN THE EXERCISE OF DISCRETION BY THE JUDGE IN THE CONSIDERATION OF CRIMINAL CASES WITH THE CONSENT OF THE ACCUSED WITH THE CHARGE BROUGHT AGAINST HIM." Bulletin of Udmurt University. Series Economics and Law 31, no. 3 (2021): 459–72. http://dx.doi.org/10.35634/2412-9593-2021-31-3-459-472.

Full text

Abstract:

The article examines the categories of "abuse of law" and" miscarriage of justice", as well as the factors contributing to their occurrence, reveals the mechanism of occurrence of miscarriages of justice, the sources and causes of their occurrence. The author substantiates the claim that the defect of interest, as an aspect of law enforcement, causes the occurrence of abuse and can cause a miscarriage of justice. The main characteristics of a miscarriage of justice, as well as the signs that distinguish a miscarriage of justice from abuse, are revealed. The definition of "abuse of the right" i

APA, Harvard, Vancouver, ISO, and other styles

3

Dydikov, Andriy. "Comparative analysis of the resolution and prevention of judicial error in diﬀerent legal systems". Yearly journal of scientific articles “Pravova derzhava”, № 35 (1 вересня 2024): 801–12. https://doi.org/10.33663/0869-2491-2024-35-801-812.

Full text

Abstract:

This article analyses the experience of countries belonging to diﬀerent legal systems in resolving and preventing miscarriages of justice. The aim of the study is to determine whether the methods and ways of preventing and overcoming miscarriages of justice in countries belonging to a particular legal family can be applied to Ukrainian justice. The author determines that no special study of the issue of miscarriage of justice in diﬀerent legal systems has been carried out in the national science, and therefore there is a need to study this issue. In order to characterise miscarriages of justic

APA, Harvard, Vancouver, ISO, and other styles

4

Dudikov, Andriy Volodymyrovych. "Miscarriage of Justice as a Phenomenon of Social Reality." Alʹmanah prava, no. 15 (September 1, 2024): 554–59. https://doi.org/10.33663/2524-017x-2024-15-554-559.

Full text

Abstract:

The article is devoted to the study of social aspects of a miscarriage of justice, the public view of which is formed through such concepts as «fair court decision», «fair justice», and «legality». These categories are directly related to the issue of a miscarriage of justice, which is a consequence of a violation of these principles and the result of improper law enforcement activities of a judge. The existence of a miscarriage of justice is not always proof of an inhumane approach of the court to the resolution of a case. Courts often face the problem of balancing legality and justice. At th

APA, Harvard, Vancouver, ISO, and other styles

5

Ghias, Shoaib A. "Miscarriage of Chief Justice: Judicial Power and the Legal Complex in Pakistan under Musharraf." Law & Social Inquiry 35, no. 04 (2010): 985–1022. http://dx.doi.org/10.1111/j.1747-4469.2010.01211.x.

Full text

Abstract:

This article explores the struggle for judicial power in Pakistan under Pervez Musharraf focusing on two questions. First, how did pro‐Musharraf regime judges expand judicial power, leading to a confrontation with the regime? Second, how did the bar and the bench mobilize in the struggle for judicial power? The author shows how, instead of blindly supporting economic liberalization in a period of economic growth, the Supreme Court expanded power by scrutinizing questionable urban development, privatization, and deregulation measures in a virtuous cycle of public interest litigation. The author

APA, Harvard, Vancouver, ISO, and other styles

6

Kovalyov, A. F., Ch Sh Kupirova, E. V. Nechaeva, and V. Ya Perepyolkin. "MISCARRIAGE OF JUS- TICE AS ONE OF THE REASONS FOR NOT ACHIEVING PURPOSES OF CRIMINAL PUNISHMENT." Vestnik of the Russian University of Cooperation, no. 1(43) (April 26, 2021): 125–30. http://dx.doi.org/10.52623/2227-4383-1-43-24.

Full text

Abstract:

The article considers the hypothesis that a judicial error can significantly reduce the likelihood of achieving the goals of criminal punishment. The concepts of miscarriage of justice and the goals of punishment are formulated, and the consequences of failure to achieve the goals of criminal punishment are analyzed. Statistical data are provided that confirm the existence of the problem of inefficient implementation of the goals of criminal punishment. Possible, probable, as well as actually committed judicial errors are considered, as a result of which the goals of punishment cannot be achie

APA, Harvard, Vancouver, ISO, and other styles

7

Bzova, L. G. "Subjects of disciplinary proceedings against a judge under the legislation of Ukraine and Spain: comparative legal analysis." Analytical and Comparative Jurisprudence 3, no. 3 (2025): 254–58. https://doi.org/10.24144/2788-6018.2025.03.3.39.

Full text

Abstract:

Disciplinary liability of judges is one of the key mechanisms of holding judges accountable. States are called upon to regulate this area, balancing two main interests – the need to ensure functional mechanisms of judicial accountability and to ensure real independence of judges. The main international legal instruments on the disciplinary liability of judges stipulate that states shall provide clear rules for which judges may be disciplined, excluding disciplinary liability for minor offences and for the interpretation of laws and facts. Disciplinary proceedings should either be conducted by

APA, Harvard, Vancouver, ISO, and other styles

8

Hassan, Muhammad, and Johan Shamsuddin bin Sabaruddin. "Jurisdiction of Military Courts over Civilian Terrorists in Pakistan: A Miscarriage of Justice." IIUM Law Journal 27, no. 1 (2019): 63–88. http://dx.doi.org/10.31436/iiumlj.v27i1.415.

Full text

Abstract:

The jurisdiction of military court was extended over alleged terrorists under the Constitution (Twenty-first Amendment) Act, 2015, in order to permanently wipe out terrorism from Pakistan. The amendment was challenged and petitioners contended that jurisdiction of military courts could not be extended over alleged civilian terrorists because of their peculiar nature. Further, the presiding officer of the military court is a member of the executive, which contradicts the principle of judicial independence, an utmost essential element of safeguarding the due process of law. However, the apex cou

APA, Harvard, Vancouver, ISO, and other styles

9

Senyk, S. "Legality as the main requirement for judicial acts in civil judicial procedure." Uzhhorod National University Herald. Series: Law, no. 69 (April 15, 2022): 156–63. http://dx.doi.org/10.24144/2307-3322.2021.69.27.

Full text

Abstract:

The main emphasis of the article is that in civil proceedings, as in any type of proceedings, all judicial acts are subject to such a requirement as legality. Proper and timely application of procedural law is designed to ensure the correct application of substantive law. It is argued that a judge should always keep in mind that any rule of law is an integral part of the entire legal system and acts in conjunction with other rules of law. That is why one of the main ways of understanding a rule of law on the subject of its legality is a systematic interpretation, taking into account that the l

APA, Harvard, Vancouver, ISO, and other styles

10

Amissah, Patrick Kofi. "Amos and ‘Ghana in the Eyes of God’: a Public Theological Response to Bribery and Corruption." International Journal of Public Theology 13, no. 3 (2019): 282–300. http://dx.doi.org/10.1163/15697320-12341579.

Full text

Abstract:

AbstractThe purpose of this article is to draw upon the condemnation of bribery, corruption and miscarriage of justice to be found in the book of Amos for the sake of a public theology. The occasion for such is a bribery scandal that hit the Ghanaian judiciary. An investigative journalist presented evidence to substantiate the hitherto unsubstantiated perception that some judges in Ghana take bribes to skew judgement. The scandal is deepened through many of the judges being Christian. They attracted widespread criticism from religious leaders, both Christian and others, as well as from the wid

APA, Harvard, Vancouver, ISO, and other styles

11

Джавахян, Р. М. "О новых вызовах российскому правосудию". СОВРЕМЕННОЕ ПРАВО, № 11 (3 грудня 2022): 78–83. https://doi.org/10.25799/ni.2022.76.56.012.

Full text

Abstract:

В статье предпринята попытка осмысления некоторых аспектов функционирования и развития судебной власти, в первую очередь ее правосудной функции, в условиях изменившихся внешнеполитических реалий и насущной потребности развития внутригосударственных политико-правовых институтов. Выражается мнение о необходимости продолжения реформирования системы правосудия для придания ей устойчивых значимых признаков цельности и целостности. На примере конституционного правосудия иллюстрируется правомерность постановки вопроса о необходимости разрешения ситуации с возможностью устранения любой судебной ошибки

APA, Harvard, Vancouver, ISO, and other styles

12

Nurakhmetova, G. G., Zh S. Saparbekova, and S. Zh Suleimenova. "Prospects for the use of artificial intelligence in arbitration." BULLETIN of L.N. Gumilyov Eurasian National University. LAW Series 147, no. 2 (2024): 188–97. http://dx.doi.org/10.32523/2616-6844-2024-147-2-188-197.

Full text

Abstract:

The article is devoted to the possibilities and problems of application of artificial intelligence (AI) systems in the arbitration of the Republic of Kazakhstan, i.e.: in forensic examination, analytical and organizational work, adjudication, interpretation and analysis of law, as well as control over the adoption and execution of court decisions. In the course of the research the foreign experience of using artificial intelligence systems in the judicial systems of Great Britain, the USA and the Netherlands was analyzed. In addition, three main directions of application of artificial intellig

APA, Harvard, Vancouver, ISO, and other styles

13

Алиев, Т. Т., та А. И. Чарыкова. "Особенности судейского усмотрения и его пределы". СОВРЕМЕННОЕ ПРАВО, № 2 (3 березня 2022): 65–69. https://doi.org/10.25799/ni.2022.24.14.009.

Full text

Abstract:

Статья посвящена раскрытию особенностей судейского усмотрения и его пределов. Рассматривается понятие судейского усмотрения и его нормативное закрепление в различных процессуальных нормативных правовых актах в условиях современного информационного общества, а также толкование этого понятия. Проведен анализ взаимосвязанности этого понятия с профессиональными и личностными качествами судьи, а также его отграничение от понятия судебной ошибки. Особое внимание уделяется определению пределов судейского усмотрения: несмотря на большую законодательную регламентацию, этот вопрос остается по-прежнему з

APA, Harvard, Vancouver, ISO, and other styles

14

Mansour, Saleh, Shital Zade, Shipra Rohatgi, and Slobodan Oklevski. "Myths about fingerprint evidence: Basic facts countering miscarriage of justice. Part 1." Nowa Kodyfikacja Prawa Karnego 59 (November 9, 2021): 95–115. http://dx.doi.org/10.19195/2084-5065.59.8.

Full text

Abstract:

The long practice of fingerprint science is accompanied by confusing thoughts affecting the interpretation of the fingerprint evidence recovered from a crime scene, and, consequently, prosecutors and judges’ decisions as well. However, despite the tremendous scientific and technological developments relating to fingerprint enhancement, processing, and usage, which clarify precise facts regarding the influence of deposition circumstances, substrate, light, air, temperature, and time factors on fingerprint secretions, misconceptions about fingerprints are still widespread within the law enforcem

APA, Harvard, Vancouver, ISO, and other styles

15

Willock, Brent. "Psychoanalytic psychology, sleep medicine, and the law: Scientifically reviewing Oscar Pistorius’ culpable homicide/ murder conviction." South African Journal of Criminal Justice 36, no. 2 (2023): 250–81. http://dx.doi.org/10.47348/sacj/v36/i2a4.

Full text

Abstract:

In parasomnias (sleep disorders), parts of the brain are alert, functioning well, but other regions are not awake, not functioning. These mixed sleep/wake states compromise mental processes in ways that can be surprising, and sometimes dangerous to self and/or others. Possible parasomnia should be considered in relation to all violent, perplexing events that occur after individuals fall asleep. Increased familiarity with the scientific study of dreaming and sleep disorders augments mental health and legal practitioners’ capacity to comprehend and assist. Expert testimony from these scientific

APA, Harvard, Vancouver, ISO, and other styles

16

Pardo Torres, Ana Cristina, and Luis Mauricio Maldonado-Ruiz. "Miscarriage: cases of unfair incrimination reveal weaknesses in the criminalization of abortion." Centro Sur 8, no. 4 (2024): 51–64. http://dx.doi.org/10.37955/cs.v8i4.366.

Full text

Abstract:

The article examines the historical, religious and legal context of abortion, highlighting its criminalization in Ecuador and its impact on women's health and rights. Subsequently, it addresses the injustice of criminalization derived from a situation of spontaneous abortion and proposes to evaluate the theoretical elements that should be considered to avoid the issuance of sentences to women who experience this condition. To this end, the methodology employed focused on the analysis of representative cases. The cases analyzed include Sara, Marta, Paola and Maribel, who suffered unjust detenti

APA, Harvard, Vancouver, ISO, and other styles

17

Ngarambe, Telesphore, and Etienne Ruvebana. "Court interpreting practice in Rwanda: Challenges and strategies for fair justice." International Journal of Translation and Interpreting Research 15, no. 2 (2023): 108–24. http://dx.doi.org/10.12807/ti.115202.2023.a07.

Full text

Abstract:

This paper discusses the practice of court interpreting in Rwanda. It examines the existing legal framework for court interpreters, their practical and professional challenges as well as the strategies towards improving court interpreting practice. Using qualitative methods, this study identified a number of challenges including the selection of court interpreters, the equipment used in court interpreting, the language proficiency of court interpreters, misconceptions of the general public towards court interpreters as well as lengthy court proceedings. The paper further shows the consequences

APA, Harvard, Vancouver, ISO, and other styles

18

De Freitas Chaves, Sheila, Mariliza De Morais Pereira, Regiane Cecilia De Oliveira Santos, Patrícia Facina Brandão, and William Alves dos Santos. "Feelings of women with terminated pregnancies. Integrative review." SCT Proceedings in Interdisciplinary Insights and Innovations 1 (December 2, 2023): 58. http://dx.doi.org/10.56294/piii202358.

Full text

Abstract:

Introduction: We have observed the experience of women who have terminated their pregnancy for various reasons, whether natural, under judicial authorization, due to an incompatible malformation or during the perinatal period. After the interruption, we observed that the mothers seek explanations and meanings for the loss. In the case of abortion by judicial authorization, the fact of the fetal malformation seems to bring even more sadness because she was the provider of a malformed child. We observed that mothers seek explanations and meanings for the loss with feelings of self-blame. Women w

APA, Harvard, Vancouver, ISO, and other styles

19

Ikhariale, M. A. "The Independence of the Judiciary under the Third Republican Constitution of Nigeria." Journal of African Law 34, no. 2 (1990): 145–58. http://dx.doi.org/10.1017/s0021855300008287.

Full text

Abstract:

One of the fundamental principles underlying the Nigerian constitutional process is that of the independence of the judiciary. The concept, in its basic form, embodies the entire philosophy of constitutional democracy especially as emphasised by the preamble to the Constitution which is for “promoting the good government and welfare of all persons … on the principles of Equality, Freedom and Justice”. In a country such as Nigeria which is presently characterised by political and economic underdevelopment, it is generally considered constitutionally desirable that a viable contrivance such as t

APA, Harvard, Vancouver, ISO, and other styles

20

Mishra, Abhinav. "Compensatory Mechanism for Miscarriage of Justice in Cases of Prolonged Delay: The Case of India." Asian Journal of Legal Education 8, no. 2 (2021): 194–204. http://dx.doi.org/10.1177/23220058211015689.

Full text

Abstract:

There have been several studies on the issue of justice delayed, but no rigid step has been taken in lieu of the victims who suffer as a result of such dawdling processes. Despite the existence of a vast number of provisions in our current legal system, current legal remedies do tend to create an ex gratia obligation but not a statutory obligation for the state to compensate the victims of miscarriage of justice. There is a persistent need for an explicit and detailed law on this subject. The idea underlying this research is to portray the need for a rigid compensatory mechanism for prolonged

APA, Harvard, Vancouver, ISO, and other styles

21

Ciocoi-Pop-Vecsei, Maria-Miruna. "Death Is Sacred: Being and Non-Being in Sarah Hall’s “Theatre 6”." East-West Cultural Passage 23, no. 1 (2023): 51–60. http://dx.doi.org/10.2478/ewcp-2023-0005.

Full text

Abstract:

Abstract The short story “Theatre 6” is one of three post-apocalyptic short stories included in Sarah Hall’s collection Madame Zero, first broadcast on BBC Radio 4 in 2013. The story is inspired by the real-life case of Savita Halappanavar, who died of septic shock at Galway University Hospital in 2012 because of being denied an abortion on grounds of septic miscarriage. The text paints a dystopian vision of a not so far away future where the Hunter fetal care act legislatively places the life of unborn babies higher than the one of mothers. The protagonists are a genderless anaesthesiologist,

APA, Harvard, Vancouver, ISO, and other styles

22

Susilo, Erwin, and Dharma Setiawan Negara. "Errors That Can Be Tolerated in Criminal Court Decisions Using A Doctrinal Approach Harmless Error in Order to Carry Out The Principles of Justice." JURNAL AKTA 12, no. 1 (2025): 166. https://doi.org/10.30659/akta.v12i1.43629.

Full text

Abstract:

A fair criminal trial is a fundamental pillar of the justice system, ensuring that substantive justice prevails over mere procedural correctness. This article explores the essential elements of criminal verdicts, particularly legal considerations and judicial rulings, as outlined in Article 197 of the Indonesian Criminal Procedure Code (KUHAP). It further analyzes judicial errors through the doctrinal approach of harmless error. In judicial practice, errors in a judge's decision can be categorized into substantial (harmful error) and non-substantial (harmless error). Substantial errors directl

APA, Harvard, Vancouver, ISO, and other styles

23

Stefanović, Nenad, and Goran Milojević. "General damages awarded for emotional distress resulting from miscarriage of justice and false imprisonment." Pravo - teorija i praksa 41, no. 3 (2024): 90–108. http://dx.doi.org/10.5937/ptp2403090s.

Full text

Abstract:

Compensation for non-economic damages, the debate over its justification, and the adequacy of compensation awarded for harm to non-economic goods have been contentious issues among domestic legal theorists for decades. The provisions of the 1978 Law on Obligations resolved this debate by introducing the right to monetary compensation for non-economic damages in explicitly enumerated cases. The aim of the authors is to use appropriate scientific methods to demonstrate how failures by state authorities, specifically the police and judicial bodies, can cause non-economic damage to individuals thr

APA, Harvard, Vancouver, ISO, and other styles

24

Hai, Mingming. "ACTION OF CHINESE COURTS WITH THE ANTI-TORTURE LEGAL OBLIGATION UNDER THE UNITED NATIONS CONVENTION AGAINST TORTURE: A SOCIO-LEGAL NARRATIVE CRITIQUE ANALYSIS OF APPLICATION OF LAW AND LEGAL REASONING." Journal of Law and Sustainable Development 12, no. 2 (2024): e3239. http://dx.doi.org/10.55908/sdgs.v12i2.3239.

Full text

Abstract:

Background: The most of critique is based mainly on the previous literature, namely, that Chinese dynamic institutional structures’ silence may have exacerbated the miscarriage of justice and obtain illegal evidence in criminal proceedings in China. However, the fact that torture to extract confessions and maltreatment of prisoner’s cases involve judicial decision-making by Chinese hierarchical courts has been disregarded. Objective: Taking China's outward telling and internal judicial reforms as starting positions, the article focuses on address the knowledge gap that torture to extract confe

APA, Harvard, Vancouver, ISO, and other styles

25

O., Kopytova. "Formalism and realism as a style of judicial interpretation: theoretical-applicable aspect." Almanac of law: The role of legal doctrine in ensuring of human rights 11, no. 11 (2020): 117–21. http://dx.doi.org/10.33663/2524-017x-2020-11-21.

Full text

Abstract:

The article is devoted to revealing the features of formalism and realism as styles of judicial interpretation. It is proved that the effective and enforceability of the law as a whole depends on the effective enforcement. Judicial enforcement is the last stage of enforcement as a whole. The court, through judicial enforcement, reveals the content of a rule of law in its course of action, completes it or establishes its true meaning through interpretation. It is argued that the use of formalism and realism as styles of judicial interpretation leads to the formation of two independent styles of

APA, Harvard, Vancouver, ISO, and other styles

26

Constant, Frédéric. "Thinking With Models: The Construction of Legal Cases as Reflected in Late Qing Local Archives." T’oung Pao 107, no. 3-4 (2021): 417–73. http://dx.doi.org/10.1163/15685322-10703012.

Full text

Abstract:

Abstract In current scholarship, late imperial China’s criminal justice is mainly studied through judicial documents reviewed by the central administration, first and foremost the xingke tiben 刑科題本, or copies of routine memorials made by the censorial section of the Board of Punishments, as well as memorandum (shuotie 說帖) recorded in collections of cases. In this article, by contrast, I analyze a sample of more than forty dossiers on criminal cases constituted at the county level, for which the final judgment approved by the central administration is known. The reconstitution of the whole adju

APA, Harvard, Vancouver, ISO, and other styles

27

Handford, Peter. "Victorian Railways Commissioners v Coultas: The Untold Story." American Journal of Legal History 61, no. 4 (2021): 416–42. http://dx.doi.org/10.1093/ajlh/njab017.

Full text

Abstract:

Abstract [The story of liability for ‘nervous shock’ begins with the Privy Council decision in Victorian Railways Commissioners v Coultas in 1888 holding that such damage was too remote—a decision soon rejected by courts in England and elsewhere (though it had considerable influence in the United States). Over the next hundred years, courts gradually extended the boundaries of liability for what is now called psychiatric injury or mental harm. But the law reports tell us nothing about James and Mary Coultas, apart from what happened to them on one particular day. Moreover, the assertion in the

APA, Harvard, Vancouver, ISO, and other styles

28

Pereira, Sarah dos Santos, and Leticia Lourenço Sangaleto Terron. "STANDARD PROBATÓRIO “ALÉM DA DÚVIDA RAZOÁVEL” APLICADO AO PROCESSO PENAL BRASILEIRO." Revista ft 29, no. 146 (2025): 59–60. https://doi.org/10.69849/revistaft/dt10202505311059.

Full text

Abstract:

ABSTRACT The present work has as its focus, the analysis of the application of the evidentiary standard and the criterion of “Proof Beyond Reasonable Doubt” for conviction in the Brazilian criminal process, as well as to conceptualize and elucidate the evaluation of evidence and the principle of real truth. The problem in question is the absence of a standard of evidentiary production, so that punitive control is at the mercy of the discretion of the judge, leading to unjust convictions. In line, the implementation of the standard of proof would reduce the risks of miscarriage of justice. The

APA, Harvard, Vancouver, ISO, and other styles

29

Sharipova, Alia R. "REVIEW OF CASES ON NEWLY OPENED AND NEW CIRCUMSTANCES: UNFA-VOURABLE DISTINCTIONS OF THE CRIMINAL PROCEEDINGS." Vestnik Tomskogo gosudarstvennogo universiteta. Pravo, no. 40 (2021): 105–14. http://dx.doi.org/10.17223/22253513/40/9.

Full text

Abstract:

The article deals with the comparative analysis of the procedure and grounds for reviewing court cases under new and newly discovered circumstances in criminal and arbitration, civil and administrative proceedings. The author proceeds from the idea of common fundamental beginnings of justice in general, and therefore, all types of judicial activities - including an extraordinary review of judicial decisions, which have entered into legal force. The branch specifics of specific procedural institutions should have a special explanation based on the specifics of the branch itself. The author thin

APA, Harvard, Vancouver, ISO, and other styles

30

Panokin, Alexander M. "THE IDEA OF REVIEWING CRIMINAL COURT RULINGS AND THE FIRST EXPERIENCES OF ITS IMPLEMENTATION EMERGED." Vestnik Tomskogo gosudarstvennogo universiteta. Pravo, no. 37 (2020): 93–107. http://dx.doi.org/10.17223/22253513/37/8.

Full text

Abstract:

From the very early stages of development, the state resolves social conflicts related to the crime committed. However, decisions made as a result of such conflicts begin to be challenged by their participants, which shows that there is an objective need for the right to appeal and review court decisions. This suggests that the right to appeal and review court decisions is objectively required. It is important to bear in mind that at the initial stages of statehood development, there is no procedural separation of appeals from other forms of verification of court decisions. The search for the

APA, Harvard, Vancouver, ISO, and other styles

31

Enokie, Bribena Kelvin. "Blockchain in the Security and Integrity of Legal Evidence: A Futuristic Proposal for Nigeria." Global Journal of Politics and Law Research 13, no. 4 (2025): 1–24. https://doi.org/10.37745/gjplr.2013/vol13n4124.

Full text

Abstract:

This work is a modest attempt aimed at proposing the imperatives of blockchain technology in Nigeria's legal system as part of the realities of the 4th and 5th generation industrial revolution to guarantee the security and integrity of legal evidence in the civil and criminal justice administration. This is pursuant to the pervasive challenges of tampering, loss and wilful manipulation of evidence and miscarriage of justice in the country. This novel technology therefore provides immutable guarantees in the management of evidence. Consequently, the work strongly advocates the adoption of block

APA, Harvard, Vancouver, ISO, and other styles

32

Sultanov, A. R. "The problem of the parties’ explanations as evidence in arbitration courts." Juridical Analytical Journal 16, no. 1 (2021): 25–48. http://dx.doi.org/10.18287/1810-4088-2021-16-1-25-48.

Full text

Abstract:

The article examines the problem of the parties explanations as evidence in arbitration courts. The author analyzes this problem through the prism of the admissibility of lies in the arbitration process. This problem is resolved from both legal and philosophical and ethical positions. The untruth is something that destroys trust the foundation of society, among other things, it undermines the credibility of the court, which accepts a lie; a lie destroys the person himself. The author reasonably believes that the one who considers a lie in court to be permissible allows the victory of untruth i

APA, Harvard, Vancouver, ISO, and other styles

33

González-Wilhelm, Leonardo, and Mauricio Duce. "Forensic and legal medicine in Chile: Cinderella without a prince." Medwave 24, no. 10 (2024): e2978-e2978. http://dx.doi.org/10.5867/medwave.2024.10.2978.

Full text

Abstract:

Forensic medicine is of enormous importance in the functioning of contemporary justice systems worldwide. Therefore, in order to characterize the current state of medicolegal and forensic activity in Chile, a non-systematic review of the biomedical and legal literature on the subject was carried out. An analysis of open sources of information was also incorporated, including the National Registry of Individual Health Care Providers, the latest public accounts of the Forensic Medical Service, relevant background information available on the active transparency portal of that institution, exempt

APA, Harvard, Vancouver, ISO, and other styles

34

Anichkin, E. S. "MAJOR MISCARRIAGES OF JUSTICE IN THE APPLICATION OF PRIVATE INTERNATIONAL LAW." Russian-Asian Legal Journal, no. 1 (March 29, 2021): 55–62. http://dx.doi.org/10.14258/ralj(2021)1.11.

Full text

Abstract:

Taking into account the specifics of law enforcement in private international law, the most commonjudicial errors arising in the process of working with the norms of this branch of law were identified andsupported by relevant examples. Separately analyzed are judicial errors in the application of internationaltreaties with the participation of the Russian Federation, judicial errors in the application of conflict oflaws, as well as judicial errors in the establishment and application of foreign substantive law. In addition,attention is drawn to potentially complex law enforcement issues, in th

APA, Harvard, Vancouver, ISO, and other styles

35

Okwelum, Chukudi O. "Revisiting Defence of Claim of Right in Nigerian Criminal Law through Elimuya v. Police." European Journal of Theoretical and Applied Sciences 1, no. 4 (2023): 510–19. http://dx.doi.org/10.59324/ejtas.2023.1(4).45.

Full text

Abstract:

The defence of bonafide claim of right under Nigerian criminal law is an important menu in the consideration of the defences open to a defendant in a criminal trial. In Charge No MAB/43c/2020 Commissioner of Police v. Chief Paul Idima Obi Elimuya the defence came up for consideration before the learned trial Senior Magistrate Grade 1, Edema Doris (Mrs.) sitting at the Magistrates’ Court, Abbi in Delta State, Nigeria. Because of the intricate nature of the defence and the manner in which it was considered in the above mentioned charge, this study is actuated towards revisiting the defence under

APA, Harvard, Vancouver, ISO, and other styles

36

Chukudi, O. Okwelum. "Revisiting Defence of Claim of Right in Nigerian Criminal Law through Elimuya v. Police." European Journal of Theoretical and Applied Sciences 1, no. 4 (2023): 510–19. https://doi.org/10.59324/ejtas.2023.1(4).45.

Full text

Abstract:

The defence of bonafide claim of right under Nigerian criminal law is an important menu in the consideration of the defences open to a defendant in a criminal trial. In Charge No MAB/43c/2020 Commissioner of Police v. Chief Paul Idima Obi Elimuya the defence came up for consideration before the learned trial Senior Magistrate Grade 1, Edema Doris (Mrs.) sitting at the Magistrates’ Court, Abbi in Delta State, Nigeria. Because of the intricate nature of the defence and the manner in which it was considered in the above mentioned charge, this study is actuated towards revisiting the defence

APA, Harvard, Vancouver, ISO, and other styles

37

Popova, T. V., and A. S. Kalashnikova. "Scientific and practical recommendations for the prevention of emotional burnout among judges." Psychology and Law 8, no. 1 (2018): 119–27. http://dx.doi.org/10.17759/psylaw.2018080109.

Full text

Abstract:

The article analyzes the specifics of judicial activity involving the judicial decisions through scrupulous analysis of available alternatives based on knowledge of the law and their own experience. It is noted that the willingness to take risks in situations of uncertainty combined with the high load, as well as individual psychological characteristics of the judge can lead to the formation of emotional burnout, which in turn, can cause miscarriages of justice. Based on the study of the psychological characteristics of the decision-making process in professional activities of 41 judges from d

APA, Harvard, Vancouver, ISO, and other styles

38

Nader, John. "Miscarriages of Justice and Extracurial Inquiries: A Judicial View from the Northern Territory." Current Issues in Criminal Justice 5, no. 1 (1993): 99–102. http://dx.doi.org/10.1080/10345329.1994.12036593.

Full text

APA, Harvard, Vancouver, ISO, and other styles

39

Sheleff, Leon. "The Death Penalty — Response." Israel Law Review 25, no. 3-4 (1991): 512–23. http://dx.doi.org/10.1017/s0021223700010591.

Full text

Abstract:

One of the most disturbing aspects of examining the extensive capital punishment debate, with its clear indications of discriminatory practices, ambiguous judicial directives, undeniable miscarriages of justice, controversial statistical data, and inept, inconsistent and/or unjust implementation, is the constantly gnawing thought that if this is the situation vis-à-vis what is considered the most extreme penalty with its special super due process, then what is happening in the cases of lesser penalties. These latter cases of petty thieves sentenced to years of incarceration for relatively mino

APA, Harvard, Vancouver, ISO, and other styles

40

LETÍCIA NASCIMENTO DE OLIVEIRA, BRUNA, and LETICIA VIVIANNE MIRANDA CURY. "ERROS JUDICIAIS PENAIS: DANOS CAUSADOS E CONDENAÇÕES DE INOCENTES." Revista Científica Semana Acadêmica 10, no. 227 (2022): 1–13. http://dx.doi.org/10.35265/2236-6717-227-12154.

Full text

Abstract:

The present article has as its theme: Criminal Judicial Errors: Damages Caused and Convictions of Innocent Persons. Analyze, understand and describe possible solutions of conflict between the Judicial System and the victim, to reduce the chances of mistakes in the criminal field. The damage caused as a result of miscarriages of justice and how the lives of the incriminated are left after wrongful convictions. The victims of these cases are the same as in the prison system in the country, poor people, black people, people with less access to justice, being the public most affected by these mist

APA, Harvard, Vancouver, ISO, and other styles

41

Haralambous, Nicola. "Investigating Impropriety in Jury Deliberations: A Recipe for Disaster?" Journal of Criminal Law 68, no. 5 (2004): 411–22. http://dx.doi.org/10.1350/jcla.68.5.411.43223.

Full text

Abstract:

In light of recent case law, this article explores the principles underlying the common law prohibition against investigating into jury deliberations. It considers the effect of judicial refusal to inquire into genuine and serious allegations of impropriety in the jury room and examines the effect of the Contempt of Court Act 1981, s. 8. It proposes that the restrictive secrecy laws be qualified in order to safeguard against miscarriages of justice and to preserve the moral integrity of the criminal justice process.

APA, Harvard, Vancouver, ISO, and other styles

42

Wetmore, Stacy A., Jeffrey S. Neuschatz, Melanie B. Fessinger, Brian H. Bornstein, and Jonathan M. Golding. "Do Judicial Instructions Aid in Distinguishing Between Reliable and Unreliable Jailhouse Informants?" Criminal Justice and Behavior 47, no. 5 (2020): 582–600. http://dx.doi.org/10.1177/0093854820908628.

Full text

Abstract:

Jailhouse informants are a leading cause of wrongful convictions. In an attempt to preempt such miscarriages of justice, several states (e.g., Connecticut and California) have mandated that judicial instructions be provided to act as a safeguard against false testimony. This study evaluated the effectiveness of these instructions in helping jurors distinguish between reliable and unreliable jailhouse informants. Participants read a trial transcript that varied instructions (Standard, Connecticut, Enhanced) and informant reliability (reliable, unreliable). The results indicated that the instruc

APA, Harvard, Vancouver, ISO, and other styles

43

Musaddiq, Aiza, and Aina Nadeem. "Wrongful Convictions in Death Penalty: Effects of Systematic Failures on Rule of Law Hampering Fair and Just Punishment." Journal of Law & Social Studies 7, no. 1 (2025): 65–72. https://doi.org/10.52279/jlss.07.01.6572.

Full text

Abstract:

The irreversible nature of death penalty necessitates an unwavering commitment to justice, especially in the light of the alarming incidence of wrongful convictions. Wrongful conviction in death penalty undermine the integrity of the justice system, revealing its potential for cruelty and inhumanity. Such miscarriages of justice not only violate individual rights but also erode public confidence in legal system. This paper delves into complexities surroundings wrongful convictions and the death penalty from both international and national perspective with a focused analysis of Pakistan judicia

APA, Harvard, Vancouver, ISO, and other styles

44

Scripcaru, Călin, Diana Bulgaru Iliescu, Loredana Maria Păun, Andrei Scripcaru, and Bogdan Daniel Chirilă. "The relativity of testimony." Bulletin of Integrative Psychiatry 103, no. 4 (2024): 47–52. https://doi.org/10.36219/bpi.2024.4.04.

Full text

Abstract:

The paper analyzes the complex interaction between testimony and individual perception, highlighting inequalities and inhomogeneities of social environments that influence witnesses' capacities and motivations. Witness statements, a fundamental tool of evidence, are examined in the context of the judicial process, where the main objective is to discover the truth. The importance of removing barriers that can distort information is emphasized, including the use of appropriate psychological tactics and methods in interrogations. Throughout history, the value of testimony has been the subject of

APA, Harvard, Vancouver, ISO, and other styles

45

Barbu, Denisa. "The Content of the Right to Repairs for Judicial Errors in Criminal Proceedings - Jurisprudential Influences (National and European)." Logos Universality Mentality Education Novelty: Law 10, no. 2 (2023): 13–25. http://dx.doi.org/10.18662/lumenlaw/10.2/73.

Full text

Abstract:

This article aims to analyze the content of the right to redress for miscarriages of justice in criminal trials, under the influence of national and European jurisprudence. In this sense, we will formulate a comparative historical analysis, starting from the Code of Criminal Procedure Carol I, going through the provisions of the old Code of Criminal Procedure and finally stopping at the provisions of the current Code of Criminal Procedure. The purpose of this comparative-historical approach is to analyze the evolution of jurisprudence and internal doctrine under the impact of human rights theo

APA, Harvard, Vancouver, ISO, and other styles

46

Adebola Olaborede and Lirieka Meintjes-van der Walt. "Cognitive Bias Affecting Decision-Making in the Legal Process." Obiter 41, no. 4 (2021): 806–30. http://dx.doi.org/10.17159/obiter.v41i4.10489.

Full text

Abstract:

Several empirical research studies have shown that cognitive bias can unconsciously distort inferences and interpretations made by judges either at the hearing, ruling or sentencing stage of a court trial and this may result in miscarriages of justice. This article examines how cognitive heuristics affects judicial decision-making with seven common manifestations of heuristics such as availability heuristics, confirmation bias, egocentric bias, anchoring, hindsight bias, framing and representativeness. This article contends that the different manifestations of heuristics pose a potentially ser

APA, Harvard, Vancouver, ISO, and other styles

47

Sánchez, Nuria, Guadalupe Blanco-Velasco, Linda Geven, Jaume Masip, and Antonio L. Manzanero. "Wrongful Convictions with Prison Sentences in Spain." Wrongful Conviction Law Review 5, no. 1 (2024): 8–26. http://dx.doi.org/10.29173/wclawr115.

Full text

Abstract:

Researchers worldwide have extensively explored the factors contributing to wrongful convictions and the characteristics of individuals affected by these miscarriages of justice for over a century. Despite these global efforts, limited research has been conducted on this issue in Spain. This study seeks to address this gap. We trained coders to assess available review judgments issued by the Spanish Supreme Court from 1996 to 2022. We identified 89 cases of individuals wrongly sentenced to deprivation of liberty. Our findings indicated that 92% of those wrongfully convicted were male, with the

APA, Harvard, Vancouver, ISO, and other styles

48

Davies, Gemma, and Emma Piasecki. "No More Laissez Faire? Expert Evidence, Rule Changes and Reliability." Journal of Criminal Law 80, no. 5 (2016): 327–43. http://dx.doi.org/10.1177/0022018316670967.

Full text

Abstract:

The apparent link between miscarriages of justice in prosecutions involving expert evidence and the level of training provided to the legal profession (the Bar in particular) and the judiciary in respect of such evidence was highlighted in 2005 with the publication of the House of Commons Science and Technology Committee Report Expert Evidence on Trial.2 The Law Commission, in the 2011 Report Expert Evidence in England and Wales3 subsequently comprehensively addressed the same issue. This article seeks to consider why appropriate training in relation to expert evidence is so necessary and ques

APA, Harvard, Vancouver, ISO, and other styles

49

Hellqvist, Sara. "The Narrow Road to Exoneration - the Incidence, Characteristics and Outcomes of Wrongful Conviction Claims in Sweden over a One-Year Period." Bergen Journal of Criminal Law & Criminal Justice 5, no. 2 (2018): 131. http://dx.doi.org/10.15845/bjclcj.v5i2.1461.

Full text

Abstract:

One way of investigating the phenomenon of wrongful convictions is to study the road to exoneration. In some respects, the post-conviction review process lies at the heart of the wrongful conviction issue, since this is where alleged miscarriages of justice are either acknowledged or rejected. However, the number and characteristics of the criminal cases that pass through the Swedish post-conviction review process are unknown. Against this background, the overarching objective of the present article is to provide an empirical basis for an informed discussion of wrongful convictions. More speci

APA, Harvard, Vancouver, ISO, and other styles

50

Alqahtany, Saad Said, and Toqeer Ali Syed. "ForensicTransMonitor: A Comprehensive Blockchain Approach to Reinvent Digital Forensics and Evidence Management." Information 15, no. 2 (2024): 109. http://dx.doi.org/10.3390/info15020109.

Full text

Abstract:

In the domain of computer forensics, ensuring the integrity of operations like preservation, acquisition, analysis, and documentation is critical. Discrepancies in these processes can compromise evidence and lead to potential miscarriages of justice. To address this, we developed a generic methodology integrating each forensic transaction into an immutable blockchain entry, establishing transparency and authenticity from data preservation to final reporting. Our framework was designed to manage a wide range of forensic applications across different domains, including technology-focused areas s

APA, Harvard, Vancouver, ISO, and other styles

We offer discounts on all premium plans for authors whose works are included in thematic literature selections. Contact us to get a unique promo code!