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Journal articles on the topic 'Models of criminal trial'

Author: Grafiati

Published: 4 June 2025

Last updated: 1 August 2025

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1

Kryzhanovskyi, A. S. "A new look at models of pre-trial investigation based on information technology support." Analytical and Comparative Jurisprudence, no. 5 (October 12, 2024): 809–14. http://dx.doi.org/10.24144/2788-6018.2024.05.123.

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Abstract. In the article, based on the current legislation, new views on models of pre-trial investigation are considered. The article contains theoretical proposals for optimization and rationalization of pre-trial investigation as the main stage of pre-trial investigation in the criminal process of Ukraine based on the changes taking place in the conditions of digital transformation of society. Methodological bases of modeling of pre-trial investigation in criminal cases include the following criteria (elements) of individualization of the model: goals and tasks of pre-trial investigation; h

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2

Kachalova, Oksana V., and Vadim M. Gerasenkov. "Accelerated Pre-Trial Proceedings in the Russian Criminal Process: Formation of Optimal Models." Pravosudie / Justice 4, no. 1 (2022): 103–21. http://dx.doi.org/10.37399/2686-9241.2022.1.103-121.

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Introduction. In modern conditions of optimisation of criminal proceedings and improvement of its efficiency, it is very important to analyse various models of accelerated pre-trial proceedings in criminal cases of minor and moderate crimes. Theoretical Basis. Methods. The object of the study is the criminal procedural legal relations that arise, change and terminate in connection with the use of accelerated procedural models in the course of pre-trial proceedings in criminal cases. The methodological basis of the research is the general dialectical method of scientific cognition, which made i

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Kadirova, Mokhigul Khamitovna. "MODELS OF DIGITALIZATION OF THE CRIMINAL PROCESS." EURASIAN JOURNAL OF ACADEMIC RESEARCH 2, no. 12 (2022): 31–34. https://doi.org/10.5281/zenodo.7274215.

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The article analyzes and classifies the models of digitalization of the criminal process. In order to simplify and speed up the criminal process, proposals and recommendations for the digitalization of pre-trial and judicial proceedings are scientifically substantiated.  

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4

McDermott, Yvonne, and Colin Aitken. "Analysis of evidence in international criminal trials using Bayesian Belief Networks." Law, Probability and Risk 16, no. 2-3 (2017): 111–29. http://dx.doi.org/10.1093/lpr/mgx007.

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Abstract This article demonstrates how different actors in international criminal trials could utilise Bayesian Networks (‘Bayes Nets’), which are graphical models of the probabilistic relationships between hypotheses and pieces of evidence. We argue that Bayes Nets are potentially useful in both the examination of international criminal judgments and the processes of trial preparation and fact-finding before international criminal tribunals. With the use of a practical case study based on a completed case from the International Criminal Tribunal for the former Yugoslavia (ICTY), we illustrate

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Sahara, Siti, Nurasyiah Nurasyiah, and Liza Agnesta Krisna. "Problematika Persidangan Perkara Pidana di Masa Kahar." Volksgeist: Jurnal Ilmu Hukum dan Konstitusi 5, no. 1 (2022): 97–109. http://dx.doi.org/10.24090/volksgeist.v5i1.4629.

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This study is aimed at finding a model for the implementation of online criminal trial after the publication of SEMA Number 1 of 2020. This is an empirical legal research. Interviews were done with related parties to find models for the implementation of online trials and the obstacles faced by law enforcement institutions. Online criminal trials are meant to keep the defendants from the possible spread of COVID-19 in detention centers or prisons. However, the trials are legally weak. Data collection techniques include interviews and observations. The interviews were conducted using free guide

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Nalutsyshyn, V. V., and V. V. Nalutsyshyn. "Basic models of building pre-trial investigation as a stage of criminal proceedings in foreign countries." Analytical and Comparative Jurisprudence, no. 1 (March 20, 2024): 604–10. http://dx.doi.org/10.24144/2788-6018.2024.01.106.

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One of the main areas of development of criminal procedure legislation has been, and still is, the differentiation of criminal proceedings into pretrial and trial stages. The author notes the current trends in national criminal procedure legislation aimed at optimising the procedure for investigating criminal cases and reducing the timeframe for their investigation. The desire for democratisation of the criminal procedure doctrine, strengthening of the guarantees of admissibility of evidence, adversarial process, and changes in the process model itself, along with the fundamental trends in th

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Evseev, Aleksandr. "The primitive criminal as a special type of international criminal — African cases." Meždunarodnoe pravosudie 14, no. 3 (2024): 90–107. https://doi.org/10.21128/2226-2059-2024-3-90-107.

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This article discusses the nature and characteristics of the primitive criminal in the context of a general typology of in-ternational criminals previously developed by the author. This type of criminal is prevalent on the African continent and in a number of Third World countries. An emphasis is placed on the unique personality traits of these criminals, in particular their inherent animism, spiritualism, and often lack of literacy. Particular attention is paid to the oral type of culture in which the primitive criminal is immersed. In turn, this leads to the tangible impact of rumors, legend

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Pechegin, Denis. "Theory and practice of mixing procedural models in the Pre-trial Chamber of the International Criminal Court mechanism of functioning." Meždunarodnoe pravosudie 10, no. 4 (2020): 100–111. http://dx.doi.org/10.21128/2226-2059-2020-4-100-111.

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The increasing interpenetration of the main models of the process and the approval of international standards for the production of criminal cases raise the question of the development and improvement of the form of legal proceedings in the category of the most relevant in modern science. On the one hand, the attention of many scientists is focused on strengthening the competitive core of the process and ensuring, as far as possible, a balance of power between the parties. On the other hand, it is stated that legal proceedings that do not pursue the goal of achieving material truth, especially

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Coscas-Williams, Béatrice, and Michal Alberstein. "A Patchwork of Doors." New Criminal Law Review 22, no. 4 (2019): 585–617. http://dx.doi.org/10.1525/nclr.2019.22.4.585.

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Our paper surveys the development of criminal hybrid models in two continental jurisdictions, Italy and France, following the 1987 Recommendation of the Committee of Ministers of the Council of Europe to accelerate criminal proceedings through the introduction of guilty pleas, out-of-court settlements and simplified proceedings. We describe various frameworks for criminal justice as a multi-door arena, of which the plea bargaining is but one of several possibilities. In our review, we emphasize consensual elements, the place of the search of truth, and the role of the judges and other stakehol

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Kucher, V. O., and O. Y. Kryshtafovych. "PARTICIPATION OF DEFENDER IN THE APPLICATION OF MEASURES TO ENSURE CRIMINAL PROCEEDINGS IN THE PRE-TRIAL INVESTIGATION OF CRIMINAL OFFENSES." Herald of criminal justice, no. 1-2 (2022): 41–71. http://dx.doi.org/10.17721/2413-5372.2022.1-2/41-71.

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Practices of defense counsel’s participation in pre-trial investigation of criminal offenses when applying measures to ensure criminal proceedings. The purpose of the article is to study the problematic issues of defense counsel’s participation in the pre-trial investigation of criminal offenses when applying measures to ensure criminal proceedings and to substantiate scientific proposals for their solution. It is proved that participation of a defense counsel in the pre-trial investigation of criminal offenses during the application of measures to ensure criminal proceedings is one of his/her

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Kuczyńska, Hanna. "Pozycja procesowa oskarżonego jako osobowego źródła dowodowego w Polsce i Anglii – rozważania prawno-porównawcze." Studia Prawnicze, no. 2 (218) (September 30, 2019): 97–127. https://doi.org/10.5281/zenodo.3345839.

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The article presents the position of the accused in criminal trial as a personal source of evidence and its procedural consequences. This position is one of the main differences between the adversarial and continental models of procedural criminal law which will be presented on the example of legal systems of Poland and Germany, and England. First of all, the scope of the right to silence and its possible limitations will be discussed – when the accused has no wish to become a personal source of evidence at all. Then, if the accused decides to give up this&n

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Pechegin, Denis A. "Theory and Practice of Mixing Procedural Models in the Trial Chamber of the International Criminal Court." Russian Journal of Legal Studies (Moscow) 1, no. 2 (2024): 97–106. http://dx.doi.org/10.17816/rjls629275.

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INTRODUCTION. In the context of the active development of information technologies and their integration into the main models of judicial proceedings, the functions and role of the court in considering a criminal case on its merits have become a highly relevant topic of modern science. On one hand, many scientists have focused on strengthening the adversarial nature of legal proceedings, ensuring a balance of power between the parties, and building mechanisms to guarantee the right to judicial protection. However, legal proceedings that do not pursue any normatively fixed goals lead to excessi

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Kuczyńska, Hanna. "Better to Explain or to Testify? The Position of the Accused as a Source of Oral Evidence in a Criminal Trial in a Comparative Perspective." Comparative Law Review 27 (December 22, 2021): 47–77. http://dx.doi.org/10.12775/clr.2021.002.

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In this article the position of the accused as a source of personal evidence in three different European legal systems: Poland, Germany, and England, will be presented. This analysis will be oriented to understand the way of functioning of the two different models of giving statements of fact by the accused at a criminal trial. The main difference is that in the common law model of criminal trial the accused may only present evidence by testifying as a witness speaking about what happened, whereas in the continental model the accused gives a specific personal type of evidence (that in the Angl

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Perova, Yulia Sergeevna. "The model of the jury trial according to the Judicial Statutes of 1864." Samara Journal of Science 14, no. 1 (2025): 84–88. https://doi.org/10.55355/snv2025141203.

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This article describes the model of the jury trial according to the Judicial Statutes of 1864. The aim of the author was to compare the trial by jury in the Russian Empire with the Anglo-Saxon and continental models of the trial by jury, to identify the features of the criminal process involving jurors in the Russian Empire. Special attention is paid to such features of judicial investigation as the adversarial and investigative approach in criminal proceedings, the role of the presiding judge in the consideration of the case in court, the study of the defendant's personality in the framework

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Polyakov, Dmitriy. "Institute of Trial in the Countries of the Far East." Journal of Foreign Legislation and Comparative Law 20, no. 2 (2024): 114. http://dx.doi.org/10.61205/s199132220027857-8.

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The criminal procedure doctrine has developed a classification of forms of trial with the allocation of characteristic features by which they can be identified. Thus, in general, judicial-revision, accusatory and mixed forms of trial are distinguished. The institution of bringing to trial in the criminal process of a particular State, although it can be generally attributed to a certain form, however, in a normative reflection it includes the specifics of the national procedure for criminal proceedings. The urgency of solving the problems of bringing the accused to trial in domestic criminal p

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Coscas, Williams Beatrice, and Michal Alberstein. "A PATCHWORK OF DOORS: ACCELERATED PROCEEDINGS IN CONTINENTAL CRIMINAL JUSTICE SYSTEMS." New Criminal Law Review 22, no. 4 (2019): 585–617. https://doi.org/10.5281/zenodo.3526171.

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Our paper surveys the development of criminal hybrid models in two continental jurisdictions, Italy and France, following the 1987 Recommendation of the Committee of Ministers of the Council of Europe to accelerate criminal proceedings through the introduction of guilty pleas, out-of-court settlements andsimplifiedproceedings.Wedescribevariousframeworksforcriminaljustice as a multi-door arena, of which the plea bargaining is but one of several possibilities. In our review, we emphasize consensual elements, the place of the search of truth,and the role of the judges and other stakeholders. We o

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Tsyganyuk, Yu V., and V. O. Kulebyakin. "Differentiation of the criminal procedural form and its significance for criminal justice." Analytical and Comparative Jurisprudence, no. 2 (June 23, 2023): 352–57. http://dx.doi.org/10.24144/2788-6018.2023.02.61.

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In the article, the authors researching modern procedural legislation pay special attention to the differentiation of the procedural form and establishing its significance for criminal justice as a whole.The authors analyze the theoretical and practical problems of certain differentiated forms of criminal proceedings. Thus, in the article, the authors investigated proceedings in cases involving minors; peculiarities of proceedings regarding persons who have not reached the age of criminal responsibility in the age range from eleven years and up to the age of criminal responsibility; the specif

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Bojanowski, Tomasz. "Czynnik sądowy w postępowaniu przygotowawczym – wybrane aspekty historycznoprawne." Miscellanea Historico-Iuridica 23, no. 1 (2024): 412–39. https://doi.org/10.15290/mhi.2024.23.01.17.

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The purpose of this article is to discuss the participation of the judicial factor in pre-trial proceedings from a historical perspective in Polish legislation. The author will present in the text the formation of the model of Polish pre-trial proceedings from 1928 to the current state of the law. The author will try to discuss the characteristics of the models occurring in the indicated period, i.e. the model of the Second Republic of Poland, the People’s Republic of Poland and the Third Republic of Poland. Furthermore, he will indicate the scope of the court’s activities in pre-trial proceed

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Folk, Johanna B., Jeffrey B. Stuewig, Brandy L. Blasko, et al. "Do Demographic Factors Moderate How Well Criminal Thinking Predicts Recidivism?" International Journal of Offender Therapy and Comparative Criminology 62, no. 7 (2017): 2045–62. http://dx.doi.org/10.1177/0306624x17694405.

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Is the relationship between criminal thinking and recidivism the same for criminal justice–involved individuals from varying demographic backgrounds? Relying on two independent samples of offenders and two measures of criminal thinking, the current studies examined whether four demographic factors—gender, race, age, and education—moderated the relationship between criminal thinking and recidivism. Study 1 consisted of 226 drug-involved probationers enrolled in a randomized clinical trial. Study 2 consisted of 346 jail inmates from a longitudinal study. Logistic regression models suggested that

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Dikarev, Ilya. "Issues of the Theory of Criminal Procedure Agreements: The Object and Subject of the Agreement." Legal Concept 24, no. 1 (2025): 92–102. https://doi.org/10.15688/lc.jvolsu.2025.1.13.

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Introduction: despite the rather long practice of concluding and implementing pre-trial cooperation agreements, the criminal procedure theory has not developed a unified approach to understanding what the object and subject of this type of criminal procedure agreement are. Such uncertainty is an objective obstacle to the development of new models of procedural contracts. The purpose of the study is to find out what obligations the parties assume concerning the conclusion of a pre-trial cooperation agreement, as well as what actions the prosecutor should perform in fulfillment of his contractua

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Rossinskiy, Sergey B. "The system of pre-trial proceedings in the criminal proceedings of the Russian Federation: Factors of formation." Vestnik of Saint Petersburg University. Law 12, no. 3 (2021): 621–42. http://dx.doi.org/10.21638/spbu14.2021.309.

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The article is devoted to the analysis of historical prerequisites that predetermined the distinctive nature of the national system of Russian pre-trial proceedings as the initial stage of criminal procedure. By analyzing the peculiarities of domestic criminal procedure legislation, and the development of judicial and law enforcement agencies, in addition to drawing comparative parallels with foreign mechanisms for solving and investigating crimes, the author assumes that the gradual autonomy of the Soviet and then Russian system of pre-trial proceedings was a direct result of the well-known h

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Murashko, A. S. "SPECIALIST-PROFILER AS A SUBJECT OF INVESTIGATION SUPPORT: COMPETENCE AND FUNCTIONAL DIRECTION." Herald of criminal justice, no. 3-4 (2022): 202–8. http://dx.doi.org/10.17721/2413-5372.2022.3-4/202-208.

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Reforming the system of law enforcement agencies requires, first of all, the creation of new models and ways of detecting and countering criminal activity, which is connected with the dynamic nature of the latter’s development. Taking into account the mentioned transformations, the question arises regarding the structural and functional restructuring of the structure of the National Police of Ukraine, since the criminogenic potential in Ukraine will continue to be quite high, as evidenced by statistical data on registered criminal offenses and the results of their pre-trial investigation, whic

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Vilkova, T. Yu. "Organization of pre-trial proceedings in criminal cases in Russia and abroad as a factor in ensuring access to justice." Courier of Kutafin Moscow State Law University (MSAL)), no. 10 (December 22, 2020): 167–79. http://dx.doi.org/10.17803/2311-5998.2020.74.10.167-179.

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The article shows the main models of building pre-trial proceedings in the Russian Federation and foreign countries, analyzes the provision of access to justice in each of the models. A number of measures have been proposed to build pre-trial proceedings in criminal cases that effectively ensure access to justice, including abandoning the stage of initiating a criminal case and keeping a countdown of the preliminary investigation from the moment of registration of a crime report, conducting pre-trial cognitive activity (investigation) under the guidance of a prosecutor, and bringing charges by

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Hartston, Barnet. "Closing the Courtroom: Press Restrictions and Criminal Trials in Late Nineteenth Century Germany." Law and History Review 35, no. 1 (2016): 201–33. http://dx.doi.org/10.1017/s073824801600050x.

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In 1885 and 1886, two trials helped to precipitate a vigorous debate about when criminal proceedings should be closed to the public and when press reports on such cases should be restricted or banned altogether. First, the trial of the artist Gustav Graef for perjury and inappropriate relations with underage models featured sensationalized press reports that provoked a firestorm of public criticism. Soon afterward, press coverage of the trial of a Danish spy, Christian von Sarauw, revealed compromising details about German military planning and outraged government officials. The result was the

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Dr.Lubbna, AhmaD Krishan. "International Criminal Evidence in Jordanian Law." International Journal of Recent Research in Social Sciences and Humanities (IJRRSSH) 11, no. 3 (2024): 39–55. https://doi.org/10.5281/zenodo.12699889.

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<strong>Abstract:</strong> The purpose of this article is to examine some features of the International Criminal Court (hereinafter "ICC") procedural system, in particular the law of evidence, making use of theoretical models. The article first deals with the disclosure phase. Second, it focuses on the admission of evidence. To conduct the analysis, two widely known theoretical models, are employed: the accusatorial versus the inquisitorial model, and the Damaika partition between the reactive and proactive State. Despite its accusatorial structure, ICC provisions provide many important except

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HUTSON, LORNA. "Rethinking the ““Spectacle of the Scaffold””: Juridical Epistemologies and English Revenge Tragedy." Representations 89, no. 1 (2005): 30–58. http://dx.doi.org/10.1525/rep.2005.89.1.30.

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ABSTRACT Michel Foucault's analysis of penal torture as part of a regime of truth production continues to be routinely applied to the interpretation of English Renaissance drama. This paper argues that such an application misleadingly overlooks the lay participation that was characteristic of English criminal justice. It goes on to explore the implications of the epistemological differences between continental inquisitorial models of trial and the jury trial as it developed in sixteenth-century England, arguing that rhetorical and political differences between these two models are dramatized i

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Kuzina, Alexandra. "Reform of the Spanish jury trial." Legal Science and Practice: Journal of Nizhny Novgorod Academy of the Ministry of Internal Affairs of Russia 2021, no. 4 (2021): 184–90. http://dx.doi.org/10.36511/2078-5356-2021-4-184-190.

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The article discusses the reform of the Spanish jury court in 1995, based on the provisions of the classical jury court of the Anglo-Saxon legal family. The author uses a comparative legal method to identify the features of the adversarial and inquisitorial systems of law, allowing to distinguish between the main models of the criminal process. Comparing the essence of the American jury trial as a representative of the Anglo-Saxon system with its Spanish counterpart, the author comes to the conclusion that the reform didn’t lead to drastic changes, but it only strengthened the investigative na

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Shkolnikov, Vladyslav. "Obtaining Information From the Internet by Using Cloud Technologies During Pre-Trial Investigation." Internal Security 11, no. 1 (2019): 113–19. http://dx.doi.org/10.5604/01.3001.0013.5346.

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The use of information technology is an essential part of law enforcement activity. Cloud technology is widely widespread in our life. Unfortunately, it should be noted that this technology is not widespread in the activities of investigators during the pre-trial investigation of criminal offenses. Therefore, in this article the author focuses on the possibilities of using cloud technologies in law enforcement, as well as on the distinctive features of this technology. In addition, the author has conducted a study in the context of the possibility of obtaining information from the Internet usi

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Allegrezza, Silvia, and Lorenzo Bernardini. "Digital Participation at Criminal Trials in Europe – Toward a Paradigm Shift?" European Journal of Crime, Criminal Law and Criminal Justice 33, no. 1-2 (2025): 17–42. https://doi.org/10.1163/15718174-bja10063.

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Abstract The digitalization of criminal trials in Europe represents a transformative shift from traditional, physical courtroom settings to virtual participation. This transition, though driven by efficiency purposes, cost reduction, and enhanced access to justice, presents great challenges to the right to effective participation at trial as enshrined in Article 6 echr and EU law. By analyzing ECtHR jurisprudence and EU legal instruments, this paper critiques the inadequacy of current approaches adopted by both frameworks, including the ‘normative equivalence’ and ‘tolerable differences’ model

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Макаренко, Максим Анатольевич, and Дмитрий Владимирович Павлов. "Legislative Models of Exercising Procedural Management, Control and Supervision over Investigative Activity: History and Contemporaneity." ЖУРНАЛ ПРАВОВЫХ И ЭКОНОМИЧЕСКИХ ИССЛЕДОВАНИЙ, no. 2 (June 15, 2021): 97–102. http://dx.doi.org/10.26163/gief.2021.86.69.014.

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В статье проводится анализ правовых моделей процессуального руководства, контроля и надзора за следственной деятельностью, действовавших в различные исторические периоды развития отечественного уголовного судопроизводства. Рассмотрены позитивные и негативные аспекты их функционирования. Представлен авторский взгляд на функции и полномочия прокурора и руководителя следственного органа в досудебных стадиях уголовного судопроизводства. The article provides a thorough analysis of legislative models of procedural management, control and supervision over investigative activity used to be in force du

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Kubariev, Ivan, and Serhii Barhan. "INTERROGATION TACTICS: FOREIGN EXPERIENCE." Law Journal of Donbass 75, no. 2 (2021): 153–60. http://dx.doi.org/10.32366/2523-4269-2021-75-2-153-160.

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The purpose of the study is to acquaint domestic experts with the theoretical developments of foreign criminologists on the tactics of interrogation in the pre-trial investigation and determine the trends of their development. Modern trends in law must qualitative rethinking of existing methods of interrogation in the direction of humanization. New methods of interrogation, which have been developed in foreign countries, propose to ensure the observance of human rights with the fulfillment of the tasks of criminal proceedings. The study of models such as PEACE and KREATIV shows the possibility

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Caianiello, Michele. "Criminal Process faced with the Challenges of Scientific and Technological Development." European Journal of Crime, Criminal Law and Criminal Justice 27, no. 4 (2019): 267–91. http://dx.doi.org/10.1163/15718174-02704001.

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This work examines some current-time challenges to the basic principles concerning fact-finding in criminal proceedings. The starting point of the analysis is that, no matter the theoretical model adopted in a criminal justice system, the essence of fair trial is that each party shall enjoy an effective chance to tell its story and to challenge the story and the theses proposed by the counterparts. This approach to criminal proceedings, that we can synthetically define as inspired by the art of doubt, seems nowadays under attack, because of the recent developments at the scientific and technol

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Tsilmak, O. "THE MAIN BEHAVIORAL MODELS OF PERSONS OF DIFFERENT TYPES OF CHARACTER ACCENTUATION WHEN THEY PROVIDE INACCURATE INFORMATION ABOUT THE CIRCUMSTANCES OF A CRIMINAL OFFENSE AND TACTICS FOR VERIFYING THISINFORMATION." Criminalistics and Forensics, no. 66 (2021): 305–23. http://dx.doi.org/10.33994/kndise.2021.66.24.

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The bodies of preliminary investigation make high demands on the competence of the investigator, one of the important varieties of which is tactical and psychological. The tactical and psychological competence of an investigator is his/her ability to tactically and psychologically competently carry out investigative (search) actions to ensure the effectiveness and efficiency of the pre-trial investigation of a criminal offense. One of the significant and leading skills of the investigator, which condition and determine tactical and psychological competence, is the ability to: 1) collect, verif

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Kuczyńska, Hanna. "Mechanisms of elimination of undesired evidence from criminal trial: a comparative approach." Revista Brasileira de Direito Processual Penal 7, no. 1 (2021): 43. http://dx.doi.org/10.22197/rbdpp.v7i1.473.

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Este artigo pretende apresentar dois modelos de exclusão de provas indesejáveis que operam em ordenamentos continentais e de common law. São analisados os mecanismos de bloqueio de informações antes de se tornaram provas no processo penal, os quais podem ser definidos como instrumentos (soluções) adotadas em um determinado modelo de processo penal que permite a verificação e eventual exclusão de provas inadmissíveis pois definidas como indesejáveis à verificação dos fatos. Com base em uma “perspectiva de modelo”, será descrito o funcionamento desses mecanismos de exclusão (ou bloqueio) de prov

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Riddell, Jessica. "Putting authentic learning on trial: Using trials as a pedagogical model for teaching in the humanities." Arts and Humanities in Higher Education 17, no. 4 (2017): 410–32. http://dx.doi.org/10.1177/1474022217722510.

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Research on authentic learning has been predominantly focussed on skills-based training: there is a paucity of research on models of authentic learning available for adaptation in the humanities undergraduate classroom. In this article, I will seek to address this gap by proposing that legal trials are ideal models for designing authentic learning scenarios in undergraduate teaching and learning contexts, with a specific focus on the humanities. First, I discuss why and how the structure of legal trials can produce authentic learning environments. Second, I present an undergraduate classroom p

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Mitchell, Jane, Simon Mitchell, and Cliff Mitchell. "Machine learning for determining accurate outcomes in criminal trials." Law, Probability and Risk 19, no. 1 (2020): 43–65. http://dx.doi.org/10.1093/lpr/mgaa003.

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Abstract Advances in mathematical and computational technologies have brought unique and ground-breaking benefits to diverse fields throughout society (engineering, medicine, economics, etc.). Within legal systems, however, the potential applications of data science and innovative mathematical tools have yet to be embraced with the same ambition. The complex decision-making that is needed for reaching just verdicts is often seen as out of reach for such approaches and, in the case of criminal trials, this inhibits exploration into whether machine learning could have a positive impact. Here, th

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Maksimov, Sergey, Yury Vasin, Nikolai Valuyskov, and Kanat Utarov. "The Digitization of Criminal Policy as a Tool of Overcoming its Unsystematicity." Russian Journal of Criminology 13, no. 3 (2019): 395–407. http://dx.doi.org/10.17150/2500-4255.2019.13(3).395-407.

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The authors examine the necessity and relevance of using mathematical models for the digitization of criminal policy while simultaneously taking into account the results of qualitative analysis of the criminogenic situation (theoretical modeling) and using probabilistic prediction models of crime counteraction results (empirical modeling). They determine the chronological matrix of key criminogenic events of modern Russian political and economic history, which forms the basis for developing a mathematical model of predicting changes in the criminal policy. The authors conclude that contemporar

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Насонов, Сергей, and Syergyey Nasonov. "THE EUROPEAN PROCEDURAL MODELS IN JURY TRIALS: JURY TRIAL IN BELGIUM (COMPARATIVE LEGAL RESEARCH)." Journal of Foreign Legislation and Comparative Law 2, no. 4 (2016): 0. http://dx.doi.org/10.12737/21259.

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The article is devoted to the peculiarities of the procedural rules in the jury administered in Belgium in compliance with the Rules adopted in 1878 (with amendments of 2016) as a type of a European model procedure. These features are considered in the comparative legal aspect, in comparison with the same procedure that of the Russian CCP. The article notes that the requirements for candidates for jurors, enshrined in the Code of Criminal Procedure of Belgium, in general, are similar to the Russian requirements. The procedure of drawing up lists of candidates for jury service in Belgium has si

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Johnson, Brendyn, and Chloé Leclerc. "The Plea Discount and the Time Penalty in Canada: Impacts of the Guilty Plea at Sentencing." Canadian Journal of Criminology and Criminal Justice 65, no. 2 (2023): 1–36. http://dx.doi.org/10.3138/cjccj.2022-0036.

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The plea discount (or trial penalty) refers to disparity in sentencing resulting from the decision to plead guilty or proceed to trial. It is often suggested that pleading guilty reduces one’s odds of being imprisoned or reduces the length of one’s sentence. While plea discounts haves been studied extensively in the United States, there is very little indication in Canada as to their existence or scope. Using data from the Integrated Criminal Court Survey ( N = 2,198,954), this study analyzes logit-negative binomial hurdle models to study the plea discount in Canadian criminal courts and how i

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Egli Anthonioz, Nicole, Mark Schweizer, Joëlle Vuille, and André Kuhn. "Role-induced bias in criminal prosecutions." European Journal of Criminology 16, no. 4 (2018): 452–65. http://dx.doi.org/10.1177/1477370818772772.

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There are two main models of criminal prosecution in the western world. One tasks an independent magistrate (the examining judge) with the duty of conducting the investigation of a given case and transferring all evidence collected to the parties and the trial court. The other vests the prosecution with the task of conducting the investigation before representing the accusation in court. In 2011, a new code of criminal procedure entered into force in Switzerland, forcing most Swiss cantons to transition from the first model to the second. We investigate whether the change in the person conduct

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Leskiv, Oleksiy, and Olena Kovalchuk. "Implementation of criminal justice by jury courts in Ukraine: current state and development prospects." Visnik Nacional’nogo universitetu «Lvivska politehnika». Seria: Uridicni nauki 10, no. 40 (2023): 324–33. http://dx.doi.org/10.23939/law2023.40.324.

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Annotation. The article examines the problematic issues of the implementation of the institution of the jury trial in Ukraine, the current state of the implementation of criminal justice by the jury trial, the reasons for the ineffectiveness of the domestic legislative mechanism of the activity of the jury trial, ways of improving the national legal system within the limits of the implementation of justice by the jury trial, and the possibility of implementing foreign experience in reforming the judicial system in Ukraine. The foreign experience of the jury trial was analyzed, the peculiaritie

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Baier, Waltraud, Jason M. Warnett, Mark Payne, and Mark A. Williams. "Introducing 3D Printed Models as Demonstrative Evidence at Criminal Trials." Journal of Forensic Sciences 63, no. 4 (2017): 1298–302. http://dx.doi.org/10.1111/1556-4029.13700.

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Khan, Oleksandr, Ihor Nazarenko, Hennadii Zvirianskyi, Oleksii Manyk, Daria Heta, and Olga Shaituro. "Justice for war crimes in Ukraine: In search of an optimal model." Cuestiones Políticas 41, no. 79 (2023): 402–17. http://dx.doi.org/10.46398/cuestpol.4179.27.

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The article is devoted to the investigation of the problems of finding and applying the optimal mechanism for bringing to international criminal responsibility persons guilty of committing war crimes on the territory of Ukraine. During the research a set of methods of scientific knowledge was used. Among them: dialectical and formal logic, analysis, abstraction, historical, comparative, system-structural and modeling methods. The investigated problem is considered through Ukraine's obligation to ensure compliance with the right to a fair trial for persons accused of committing war crimes. The

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Timoshenko, Andrey A. "Fair trial in criminal matters: un standards and factors of transformation of its Russian model." Russian Journal of Legal Studies (Moscow) 7, no. 2 (2020): 52–65. http://dx.doi.org/10.17816/rjls44208.

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Based on an analysis of international standards in the field of justice discussed at the 13 UN Congresses on Crime Prevention and Criminal Justice since 1950, the article examines the characteristics of the ideal model of a fair criminal process from the point of view of the world community. In the context of a fairly broad understanding of the sign of justice, both at the level of national law enforcement bodies and in the context of the application of international acts by various intergovernmental organizations, it is quite important to isolate the key signs of justice. The author stu

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Vilkova, Т. Yu. "On the Role of the Prosecutor in Initiating a Criminal Case and Initiating Criminal Prosecution." Lex Russica, no. 7 (July 19, 2021): 85–94. http://dx.doi.org/10.17803/1729-5920.2021.176.7.085-094.

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The paper shows that the consolidation of the functions of the prosecutor’s office of the Russian Federation at the constitutional level leads to the need to return to the question of the effectiveness and sufficiency of the prosecutor’s powers to independently initiate a criminal case, initiate criminal prosecution, and bring charges. The modern models of granting various subjects the authority to initiate and carry out criminal prosecution, to bring charges in criminal procedural comparative studies are identified and analyzed. They are: 1) a system of public prosecution, or a monocratic mod

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di Tommaso, Gaetano. "The role of mediation in addressing adolescent issues within legal and social science contexts." Sociology and Social Work Review 9, no. 1 (2025): 182–94. https://doi.org/10.58179/sswr9113.

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"Mediation is a process, almost always formal, through which a neutral third person tries, by organising exchanges between the parties, to allow them to compare their points of view and to seek with his help a solution to the conflict that opposes them" (Bonafé-Schmitt, 1992). The article intends to investigate the adolescent problems and the development in the juvenile field of restorative justice and criminal mediation, with particular reference to the institution of the suspension of the trial and probation, ex art. 28 of Presidential Decree no. 448 of 22 September 1988, which represents th

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Kubariev, I., and S. Barhan. "Logical bases of pre-trial investigation planning." Uzhhorod National University Herald. Series: Law 2, no. 80 (2024): 153–59. http://dx.doi.org/10.24144/2307-3322.2023.80.2.23.

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The article reflects on the nature of pre-trial investigation planning, taking into account established views on the forensic version as the only logical basis for this process. The author notes that within the framework of modern criminalistics theory, the forensic version is almost unanimously regarded as the logical basis for investigation planning. A forensic version is an assumption, a hypothesis about certain facts or a group of facts that are relevant to criminal proceedings. However, during the preliminary investigation there is often a lack of information or no information at all. In

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Hernán Goldman, Diego. "LAS CONDENAS NEGOCIADAS EN EL PROCESO PENAL: ANÁLISIS TEÓRICO Y ECONÓMICO DE DOS MODELOS EN PUGNA. (NEGOTIATED SENTENCES IN CRIMINAL PROCEEDINGS: THEORETICAL AND ECONOMIC ANALYSIS OF TWO COMPETING MODELS)." Universos Jurídicos, no. 17 (November 5, 2021): 1–36. http://dx.doi.org/10.25009/uj.v0i17.2594.

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Resumen: Las reformas procesales penales de las últimas décadas han introducido distintas formas mediante las cuales el imputado puede negociar la finalización del proceso. Dentro de ellas se pueden distinguir básicamente aquellas que involucran a la víctima y aquellas que involucran a la acusación pública. A lo largo de este trabajo analizaremos los lineamientos generales de los dos ejemplos paradigmáticos de salida negociada al proceso: la conciliación penal y el juicio abreviado. Veremos sus similitudes y diferencias tanto desde una perspectiva dogmática como de una perspectiva económica qu

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Tiulieniev, Serhii. "COUNTERACTION TO INVESTIGATION OF RAIDING CRIMINAL OFFENSES: COMMON FORMS AND PECULIARITIES OF ADDRESSING." Archives of Criminology and Forensic Sciences 10, no. 2 (2024): 72–79. https://doi.org/10.32353/acfs.10.2024.03.

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Taking into account the needs of law application practice in the context of countering raiding criminal offenses, the Article Purpose is to identify common forms of countermeasures to the investigation of raiding criminal offenses and determine possible methods of countering such crimes. Stemming from the results of theoretical sources study and processing of empirical material, it has been established that organization measures to address counteraction to investigation of raiding criminal offenses should be based on the study of current crime trends, and be carried out in conformity with prov

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Gontarski, Waldemar. "Prawda arystotelesowska w procesie administracyjnym i sądowoadministracyjnym." Acta Universitatis Lodziensis. Folia Iuridica, no. 73 (January 1, 2014): 79–110. http://dx.doi.org/10.18778/0208-6069.73.06.

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The contemporary truth reconstructed in a trial reflects differences between the Aristotelian truth in terms of its essence and criterion (material truth – veritas est adaequatio rei et intellectus – ad Aristotle, The Metaphysics IV.7.[1011b 26-27])- and its practical realisation (objective truth – in medio stat veritas – ad Aristotle, Nicomachean Ethics II.7.[1108a 19–20]). In a non-adversarial processes – such as the Polish criminal trial - as opposed to the Anglo-Saxon one - the Polish administrative procedure (an administrative court has only a controlling function, not a reformative one a

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