Journal articles: 'Rights of accused'

1

Mezyaev, A. B. "Compensation to the Acquitted Person in International Criminal Law." Moscow Journal of International Law, no. 3 (December 26, 2020): 103–14. http://dx.doi.org/10.24833/0869-0049-2020-3-103-114.

Full text

Abstract:

INTRODUCTION. The practice of modern international criminal courts and tribunals raises serious questions about the proper enforcement of the rights of the accused. Among these rights, the accused's right to compensation is highlighted. Compensation is given to the accused (regardless of the verdict) for violation of his procedural rights and fundamental human rights and compensation to the acquitted person.MATERIALS AND METHODS. The analysis of ensuring the human right to compensation in the event of an unjust sentence is carried out on the basis of international human rights treaties, treaties on the creation of international courts, including appeal to the travaux preparatoires of the Statute of the International Criminal Court (ICC) and the practice of international criminal courts and tribunals, especially the ICC, as well as the International Tribunal for Rwanda and the International Tribunal for the Former Yugoslavia. The study was conducted using general scientific methods of cognition (in particular, analysis and synthesis), as well as comparative legal, historical legal and formal dogmatic methods. To achieve the corresponding conclusions, various methods of interpretation of the rule of law are used, in particular, grammatical, systematic, teleological, harmonic, etc.RESEARCH RESULTS. In the activities of international criminal courts and tribunals, a violation of the accused’s right to a hearing within a reasonable time is systemic, including due to the absence of any procedural deadlines on the one hand, and the absence of any rules (or their non-application) to restore the rights of the accused and punishment of the party who committed the violation of these rights. This situation poses serious problems of ensuring the rights of specific accused (including justified), but also the development of modern international criminal procedural law and international human rights law.DISCUSSION AND CONCLUSIONS. National legislation and international human rights instruments provide for the right of an acquitted person to compensation. In international criminal courts, this issue, however, is addressed in different ways. The statutes of international criminal courts ad hoc created by the UN Security Council do not mention the right to compensation for an accused or acquitted person. At the same time, the International Criminal Tribunal for Rwanda recognized that the absence of a reference to law in the Statute of the Tribunal does not mean that the persons concerned do not have the corresponding right. At the same time, this recognition did not have practical consequences. The Statute of the International Criminal Court recognizes the right to compensation, however, does so to a limited extent. Thus, in international criminal courts and tribunals, the provision of the human right to compensation (primarily compensation to an acquitted person) is performed at a lower level than that established in international human rights treaties.

APA, Harvard, Vancouver, ISO, and other styles

2

Wheeler, Caleb H. "Justice in the Absence of the Accused." Journal of International Criminal Justice 17, no. 2 (May 1, 2019): 413–30. http://dx.doi.org/10.1093/jicj/mqz016.

Full text

Abstract:

Abstract Since the inception of the International Criminal Court, representatives of its various constituent parts have repeatedly emphasized the role the Court must play in vindicating the rights of atrocity crime victims. It is commonly thought that one of the best ways to achieve this goal is to ensure that trials are conducted against those individuals who are accused of committing crimes falling under the Court’s jurisdiction. There is also growing sentiment that trials should be held regardless of whether the accused is present. In particular, the Assembly of States Parties added Rules 134bis, 134ter and 134quater, all of which allow some portion of trial to take place in the absence of the accused. This article will examine whether the rights of the victims are adequately upheld by a trial held without the full participation of the accused. To do this, it will identify those goals victims hope a trial will accomplish and analyse whether they can be fulfilled in the absence of the accused. In particular, it will consider whether the victims’ interests in the truth-telling function of trial, and their need to see that justice has been done, can be met if the trial is held in the accused’s absence. The article also evaluates whether the benefits that victims might derive from such a trial are sufficient to outweigh the accompanying limitations trials in absentia have on the rights of the accused. This article will conclude that trials conducted without the accused being present do not meet all of the needs of victims and therefore those needs should not act as justification to limit the accused’s right to be present.

APA, Harvard, Vancouver, ISO, and other styles

3

George, B. J. "Rights of the Criminally Accused." Law and Contemporary Problems 53, no. 2 (1990): 71. http://dx.doi.org/10.2307/1191843.

Full text

APA, Harvard, Vancouver, ISO, and other styles

4

Bodenhamer, D. J. "Trial Rights of the Accused." OAH Magazine of History 5, no. 1 (June 1, 1990): 13–18. http://dx.doi.org/10.1093/maghis/5.1.13.

Full text

APA, Harvard, Vancouver, ISO, and other styles

5

Abdelhameed, Adam Mohamed Ahmed, Kamal Halili Hassan, and Parviz Bagheri. "The Accused Privacy Rights in the Sudanese Legal System." Journal of Politics and Law 12, no. 1 (February 28, 2019): 74. http://dx.doi.org/10.5539/jpl.v12n1p74.

Full text

Abstract:

The purpose of this article is to discuss the rights of the accused person in the Sudanese legal system. Similar with other criminal justice systems, the Sudanese law do provide rights for the accused person to enable him or her to defend him or herself. These rights are considered as the core idea behind the thinking of human rights in the criminal proceedings. However the problematic issue here is to what extent does Sudanese law provide and protect the accused right especially the privacy right. It is also pertinent to balance the law enforcement interest in evidence collection in criminal proceedings with the privacy right of the accused in the Sudanese legal system. We found that there are evidence of privacy right protection on the accused within the Sudanese legal system. The result of this research shows that in Sudan, the privacy right was provided for the first time at the constitutional level in the T1973 Constitution (Articles 42 and 43). It has later received recognition in the 1985 Transitional Constitution (Articles 24 and 30), the 1998 Constitution (Article 29) and the 2005 Interim National Constitution (Article 37). At the statutory level, legislative protection is given to this right in the Penal Code 1991 (Section 166), the Code of Criminal Procedure 1991 (Sections 86 through 95) and the Informatic Offences (Combating) Act 2007 (Sections 16 and 6). The method adopted in this article is a qualitative content legal analysis of primary and secondary data obtained from legislation, case-law and various literature.

APA, Harvard, Vancouver, ISO, and other styles

6

Mamula, Đorđe. "Right of the accused to adequate time for preparing his defense in the criminal proceedings." Glasnik Advokatske komore Vojvodine 72, no. 8-9 (2000): 309–15. http://dx.doi.org/10.5937/gakv0008309m.

Full text

Abstract:

The author analyzes statutory provisions as to right to defense and right to adequate time for preparing the defense. The author criticizes the Statute that divides these rights into two categories: the rights before and the rights after the first questioning of the accused. The Constitution does not define this right as deferred to some later moment in the proceedings. Guarantees for the position of the accused have to be of such nature to prevent arbitrariness in the application of legal norms.

APA, Harvard, Vancouver, ISO, and other styles

7

Swaak-Goldman, Olivia Q. "The ICTY and the Right to a Fair Trial: A Critique of the Critics." Leiden Journal of International Law 10, no. 2 (June 1997): 215–21. http://dx.doi.org/10.1017/s0922156597000198.

Full text

Abstract:

In recent publications a rising tide of criticism directed against the International Criminal Tribunal for the former Yugoslavia (ICTY) is discernible, principally concerning whether or not the ICTY grants the accused a fair trial. The perceived lack of ability, or willingness, to satisfy the highest standards of human rights concerning the right of accused to a fair trial is regarded as a death-knell both for the broad acceptance of the ICTY's jurisprudence as well as the prospects for a permanent international criminal court. While most of the criticism centres around the interpretation and application of provisions of the ICTY's Statute and Rules of Procedure and Evidence addressing the right to a fair trial, some of it concerns the vigorousness with which ICTY officials insist upon the surrender of indicted persons. With all due respect these commentators, by applying norms that are not wholly applicable, misconceive the threat to the accused's fair trial rights.

APA, Harvard, Vancouver, ISO, and other styles

8

Zappala, S. "The Rights of Victims v. the Rights of the Accused." Journal of International Criminal Justice 8, no. 1 (March 1, 2010): 137–64. http://dx.doi.org/10.1093/jicj/mqq001.

Full text

APA, Harvard, Vancouver, ISO, and other styles

9

Muhammad, Dr Hemn Abdullah, Muhsin Hasan Baram, and Delshad Hamed Darwesh. "State’s Responsibility to Respect Constitutional Guarantees of the Rights of the Accused." International Journal of Psychosocial Rehabilitation 23, no. 3 (September 20, 2019): 587–94. http://dx.doi.org/10.37200/ijpr/v23i3/pr190348.

Full text

APA, Harvard, Vancouver, ISO, and other styles

10

Al 'Alwani, Taha J. "The Rights of the Accused in Islam." American Journal of Islam and Society 11, no. 3 (October 1, 1994): 348–64. http://dx.doi.org/10.35632/ajis.v11i3.2415.

Full text

Abstract:

IntroductionAs a faith and a way of life, Islam includes among its most importantobjectives the realization of justice and the eradication of injustice. Justiceis an Islamic ideal under all circumstances and at all times. It is not to beaffected by one's preferences or dislikes or by the existence (or absence)of ties of blood. Rather, it is a goal to be achieved and an ideal to besought: "Surely, Allah commands justice and the doing of good" (Qur'an16:90); "And I was commanded to deal justly between you" (42:15); and"Allow not your mcor for a people to cause you to deal unjustly. Bejust, for that is closer to heeding" (5:8). There are also many hadiths inthe Sunnah that command justice and prohibit wrong. Moreover, theachievement of justice is one of the objectives towatds which humannatm inclines, while its opposite-injustice-is something that humansnaturally abhor.Allah has ordained measures by which justice may be known and bywhich it may be distinguished from its opposite. He has clarified themeans by which all people might achieve this objective, facilitated theways by which it may be accomplished, and made those ways (the mostimportant of which is the institution of judgment (qada), manifest to them ...

APA, Harvard, Vancouver, ISO, and other styles

11

al 'Alwānī, Tāhā J. "The Rights of the Accused in Islam." Arab Law Quarterly 10, no. 1 (1995): 3–16. http://dx.doi.org/10.1163/157302595x00021.

Full text

APA, Harvard, Vancouver, ISO, and other styles

12

al'Alwānī, Tāhā J. "The Rights of the Accused in Islam." Arab Law Quarterly 10, no. 3 (1995): 238–49. http://dx.doi.org/10.1163/157302595x00148.

Full text

APA, Harvard, Vancouver, ISO, and other styles

13

al 'Alwani, Taha J., and Yusuf Talal DeLorenzo. "The Rights of the Accused in Islam." Arab Law Quarterly 10, no. 1 (1995): 3. http://dx.doi.org/10.2307/3381657.

Full text

APA, Harvard, Vancouver, ISO, and other styles

14

Nirmala, Puspita. "Adversary System in Common Law Countries and Possibility for Implementation in Indonesian Court." Amsir Law Journal 2, no. 1 (September 25, 2020): 12–20. http://dx.doi.org/10.36746/alj.v2i1.28.

Full text

Abstract:

This research tries to open the possibility of implementing an adversary system which is very closely related to the common law system in Indonesia, especially concerning the “The Rights of the Accused” in the criminal justice process. This research is carried out normatively by conducting legal studies through literature and legislation. The result of this research is that if the accused declared himself guilty of the crime he committed, this means that the accused will lose his right to be tried and processed fairly trial in the common law system. If a defendant is declared guilty, then the next process is the conviction without trial, in which case there are weaknesses in the rights of the accused that should have been carried out through a jury trial. Is it possible to apply in Indonesian courts? Is it not contrary to the norms contained in the Code of Criminal Procedure (KUHAP), especially regarding the rights of suspects relating to human rights (HAM), such as equal treatment before the law; put forward the presumption of innocence; the right to compensation; right to legal assistance; the defendant's rights before the court; a free, fast and simple trial; and a court that is open to the public. However, if possible in Indonesia to switch to the adversary system, the judge's role can be limited only as a referee to allow the creation of a fair trial. The party in charge of deciding whether or not the defendant is right is the jury.

APA, Harvard, Vancouver, ISO, and other styles

15

Tat'yanin, D. V. "THE PRINCIPLE OF ENSURING THE RIGHT OF THE ACCUSED AND SUSPECT TO DEFENSE." Bulletin of Udmurt University. Series Economics and Law 30, no. 5 (November 12, 2020): 763–68. http://dx.doi.org/10.35634/2412-9593-2020-30-5-763-768.

Full text

Abstract:

The principle of ensuring the right of the accused and suspect to defense is one of the absolute guarantees of the protection of the rights of these participants. However, despite its sufficient regulation, in practice there are several issues that need to be resolved. The right to defense is not identical to the right to provide qualified legal assistance, which calls into question the implementation of the principle in question from the standpoint of protecting the rights of accused and suspects, while the legislator allows the possibility of exercising this right not only by lawyers, but also by other persons. The right to protection must be provided by professionals. The provision allowing the protection of the rights of juvenile accused and suspects with their consent by legal representatives or other persons is controversial, but this approach is unacceptable for minors. The participation of a defense lawyer in cases of juvenile delinquency must be unconditional at all stages of the process. The legislator does not specify what is meant by mental or physical disabilities that prevent the accused and the suspect from exercising the right to defense, since in this case we are not talking about the insane. It is necessary to clearly define the content of these disorders that require the mandatory participation of a lawyer.

APA, Harvard, Vancouver, ISO, and other styles

16

Al ‘Alwani, Taha J. "The Rights of the Accused in Islam (Part Two)." American Journal of Islam and Society 11, no. 4 (January 1, 1994): 504–18. http://dx.doi.org/10.35632/ajis.v11i4.2410.

Full text

Abstract:

Under the law of Islam, the accused enjoys many rights. Thesewill be summarized below.The Right to a DefenseThe accused has the right to defend himselfherself against anyaccusation. This may be accomplished by proving that the evidencecited is invalid or by presenting other evidence that contradicts it. Inany case, the accused must be allowed to exercise this right so that theaccusation does not turn into a conviction. An accusation means thatthere is the possibility of doubt, and just how much doubt there is willdetermine the amount and parameters of defense. By comparing theevidence presented by the defense with that of the party making theaccusation, the truth will become clear-which is, after all, the objectiveof the investigation.Therefore, self-defense is not only the right of the accused to useor disregard as helshe pleases, but is also the right and the duty ofsociety as a whole. If it is in the best interests of an individual not tobe convicted when he/she is in fact innocent, the interests of societyare no less important. It is the society’s concern that the innocent arenot convicted and that the guilty do not escape punishment. It is forthis reason that the Shari‘ah guarantees the right to a defense, andprohibits its denial under any circumstances and for any reason ...

APA, Harvard, Vancouver, ISO, and other styles

17

Bhalotia, Kartikey Sanjeev, and Divyansh Pareek. "Biometric encryption of smartphones: a charted ship in the ocean of adversarial system?" International Journal of Law and Information Technology 29, no. 2 (May 8, 2021): 154–68. http://dx.doi.org/10.1093/ijlit/eaab003.

Full text

Abstract:

Abstract India has recently been flooded with smartphones having features of biometric encryption that allows users to encrypt the data on their devices using their biometric features, such as finger impressions or iris patterns. This technology assures users of precluding impermissible intrusions into their private data. However, this idea behind biometric encryption has witnessed critical considerations in the recent past, when Courts of various jurisdictions in the USA were faced with the issue of whether an investigating agency has the power to unlock such smartphones by compelling an accused to depress his fingerprints on the touch ID of the same. The courts have tried to strike a balance between the competing interests of the State and of the accused. While on the one side is the consideration that such power to the investigating agencies are essential for combating crime, on the other, there are the individualistic fundamental rights of the accused. The courts have weighed the prospective impact of giving the investigating agency the said power against an accused’s fundamental rights against self-incrimination, and privacy. This article, after analysing these judgments, endeavours to provide answers to the questions that Indian Courts might face in future concerning search and seizure of smartphones and its implications on the fundamental rights of an accused. This discussion becomes important especially due to the absence of any judicial pronouncements on the issue in India and more so, because even existing pronouncements by the courts in the USA have been quite contradictory.

APA, Harvard, Vancouver, ISO, and other styles

18

Pavlich, George. "Restorative justice and the rights of the accused." Restorative Justice 5, no. 3 (September 2, 2017): 396–407. http://dx.doi.org/10.1080/20504721.2017.1392773.

Full text

APA, Harvard, Vancouver, ISO, and other styles

19

Gelpi, Aileen. "Were due process rights of accused student violated?" Campus Legal Advisor 18, no. 4 (November 15, 2017): 15. http://dx.doi.org/10.1002/cala.30697.

Full text

APA, Harvard, Vancouver, ISO, and other styles

20

Klip, André. "On Victim’s Rights and its Impact on the Rights of the Accused." European Journal of Crime, Criminal Law and Criminal Justice 23, no. 3 (July 22, 2015): 177–89. http://dx.doi.org/10.1163/15718174-23032067.

Full text

APA, Harvard, Vancouver, ISO, and other styles

21

Raha, Swagata. "Treatment of Children as Adults under India’s Juvenile Justice (Care and Protection of Children) Act, 2015." International Journal of Children’s Rights 27, no. 4 (November 21, 2019): 757–95. http://dx.doi.org/10.1163/15718182-02704004.

Full text

Abstract:

This article examines whether international human rights law (ihrl) allows States to make exceptions based on the serious nature of the crime alleged and the age of a child accused of an offence. It specifically analyses the compatibility with ihrl of India’s Juvenile Justice (Care and Protection of Children) Act, 2015, which allows children 16 or above and accused of heinous offences to be tried as adults. The central argument is that trial and punishment of children as adults, for any offence, violates the right to non-discrimination recognised under ihrl as well as the principle of best interest, reintegration objective of juvenile justice and rights of juveniles provided in the UN Convention on Rights of the Child, 1989 and other international instruments.

APA, Harvard, Vancouver, ISO, and other styles

22

Mamedov, Yusif. "Islamic criminal procedure law: human rights issues." Grani 23, no. 10 (October 30, 2020): 47–57. http://dx.doi.org/10.15421/172092.

Full text

Abstract:

It has been established that harsh Islamic punishments are practically not applied due to the high burden of proof and the need to involve an exhaustive number of witnesses. It has been proven that the Islamic criminal justice system provides the accused with basic guarantees. It is noted that according to Sharia, Islamic crimes are divided into three categories: Hadd, Qisas and Tazir. It is noted that Islamic criminal law provides that the accused is not guilty if his guilt is not proven. It is noted that equality before the law is one of the main legal principles of the Islamic criminal model, as all persons are equal before the law and are condemned equally regardless of religious or economic status (lack of immunity). There are four main principles aimed at protecting human rights in Islamic criminal law: the principle of legality (irreversible action), the principle of presumption of innocence, the principle of equality and the principle of ultimate proof. In addition, the Islamic criminal justice system provides defendants with many safeguards, which are always followed during detention, investigation, trial and after trial. It is established that such rights are: 1) the right of every person to the protection of life, honor, freedom and property; 2) the right to due process of law; 3) the right to a fair and open trial before an impartial judge; 4) freedom from coercion to self-disclosure; 5) protection against arbitrary arrest and detention; 6) immediate court proceedings; 7) the right to appeal. It is noted that if a person is charged, he/she has many remedies It is noted that the trial must be fair, in which the qadi (judge) plays an important role. It has been established that, in addition to the procedural guarantees, the qualifications and character of the qadi, as well as the strict requirements of Islamic rules of proof, are intended to ensure a fair trial in the case of the accused. Adherence to these principles has been shown to indicate that the rights of the accused are fully guaranteed under Islamic criminal law.

APA, Harvard, Vancouver, ISO, and other styles

23

Gajda, Anastazja. "Wzmocnienie praw procesowych jednostki w postępowaniu karnym w Unii Europejskiej - propozycje Komisji Europejskiej z listopada 2013 r." Kwartalnik Kolegium Ekonomiczno-Społecznego. Studia i Prace, no. 4 (November 28, 2015): 103–39. http://dx.doi.org/10.33119/kkessip.2015.4.4.

Full text

Abstract:

The aim of the study is to present the proposals of legal regulations presented by the European Commission in one of the fields of Area of Freedom, Security and Justice (JHA), i.e. within the framework of judicial cooperation in criminal matters. The European Commission’s proposals aim at strengthening of the rights of suspects/defendants in criminal proceedings in the EU. They consist of the right to a fair trial and include: strengthening of the presumption of innocence principle and the right to be present at the trial, special safeguards for children suspected or accused of a crime and the right to provisional legal aid for citizens suspected or accused of a crime. In the paper I analysed the most important provisions of the projects and showed that these proposals are intended to ensure the protection of fundamental rights within the JHA.

APA, Harvard, Vancouver, ISO, and other styles

24

Linnan, David K., and David J. Bodenhamer. "Fair Trial: Rights of the Accused in American History." Journal of American History 80, no. 2 (September 1993): 652. http://dx.doi.org/10.2307/2079908.

Full text

APA, Harvard, Vancouver, ISO, and other styles

25

Novak, William J., and David J. Bodenhamer. "Fair Trial: Rights of the Accused in American History." Journal of Interdisciplinary History 24, no. 4 (1994): 744. http://dx.doi.org/10.2307/205666.

Full text

APA, Harvard, Vancouver, ISO, and other styles

26

al 'Alwani, Taha J., and Yusuf Talal DeLorenzo. "The Rights of the Accused in Islam (Part Two)." Arab Law Quarterly 10, no. 3 (1995): 238. http://dx.doi.org/10.2307/3381356.

Full text

APA, Harvard, Vancouver, ISO, and other styles

27

Urofsky, Melvin I., and David J. Bodenhamer. "Fair Trial: Rights of the Accused in American History." American Historical Review 98, no. 2 (April 1993): 560. http://dx.doi.org/10.2307/2166969.

Full text

APA, Harvard, Vancouver, ISO, and other styles

28

Loewenberg, Samuel. "Aid agencies accused of ignoring rights abuses in Ethiopia." Lancet 382, no. 9896 (September 2013): 928–29. http://dx.doi.org/10.1016/s0140-6736(13)61920-0.

Full text

APA, Harvard, Vancouver, ISO, and other styles

29

Petkov, Marin, and Dragomir Krastev. "EUROPEAN ARREST WARRANT AND HUMAN RIGHTS OF THE ACCUSED." IJASOS- International E-journal of Advances in Social Sciences 4, no. 11 (August 27, 2018): 463–70. http://dx.doi.org/10.18769/ijasos.455674.

Full text

APA, Harvard, Vancouver, ISO, and other styles

30

Bassett, Paul. "The right to self-representation before International Criminal Tribunals, while not absolute, should only be denied in limited circumstances." Northern Ireland Legal Quarterly 62, no. 3 (March 10, 2020): 235–47. http://dx.doi.org/10.53386/nilq.v62i3.418.

Full text

Abstract:

One of the most controversial aspects of the International Criminal Tribunals (ICTs) and the International Criminal Court (ICC) concerns the right to self-representation. Many defendants have sought to use the trial as a stage on which to challenge the legitimacy of the court and to play to the crowd in their own home states. As a result, the various ICTs have sought to place limitations on the accused’s right to selfrepresentation. The recent amendment to the Statute of the Supreme Iraqi Criminal Tribunal (SICT) is an example of this. This evolution raises questions concerning the effect such limitations may have on the overall fair trial rights of the accused. This article argues that there is a need to establish a guaranteed right of self-representation, provided the accused adheres to an objective set of conditions placed on the right. Such conditions should be confined to those strictly necessary to ensure the integrity of the court. Such a move would allow the court to gain some much needed legitimacy while at the same time deny defendants the ability to turn the court into a political stage.

APA, Harvard, Vancouver, ISO, and other styles

31

Abtahi, Hirad, Odo Ogwuma, and Rebecca Young. "The Judicial Review Powers of the Presidency of the International Criminal Court: Safeguards for the Protection of Human Rights." Law & Practice of International Courts and Tribunals 12, no. 3 (2013): 281–320. http://dx.doi.org/10.1163/15718034-12341260.

Full text

Abstract:

Abstract In view of the ten-year anniversary of the entry into force of the Rome Statute, this article examines the functions of a lesser-known organ of the Court – the Presidency. Focusing particularly on judicial review by the Presidency, which is grounded in administrative and human rights law, this article provides the first comprehensive account of its jurisprudence, depicting a dynamic and developing case law which embraces a wide variety of sources of international law. This article addresses the protection of fundamental human rights by analysing the decisions of the Presidency in the context of the detention of suspects, accused and detained witnesses, as well as the right to a fair trial with regard to the suspect and/or accused and victims’ representation.

APA, Harvard, Vancouver, ISO, and other styles

32

Lenard, Patti Tamara. "Fragile Trust: Muslim Communities in Canada and the R v. NS Decision." Law & Ethics of Human Rights 10, no. 2 (November 1, 2016): 405–24. http://dx.doi.org/10.1515/lehr-2016-0013.

Full text

Abstract:

Abstract In December 2012, the Canadian Supreme Court issued a ruling in R v. NS, in which a Muslim woman had demanded – citing her right to freedom of religion, as protected in the Canadian Charter of Rights and Freedoms – the right to cover her face, while giving testimony in a court of law. The defendants, also Muslim, demanded the right to see her face, in particular during cross-examination, as part of their right to the demeanor evidence that is necessary to provide “full answer and defense” and more generally as part of their right to a fair trial. The Supreme Court’s ruling stated that trial judges are entitled to make determinations about whether facial coverings must be removed, by weighing the rights of the accused to a fair trial against the rights of the accuser to freedom of religious practice, via what the court termed a “sincerity test.” This article considers the impact of the ruling and ultimately suggests that the decision will harm trust relations in Canada. In particular, the justifications offered in the judgment fail to respect the central objective of Canadian multiculturalism, i. e., to build trust among citizens of diverse backgrounds as a foundation for integrating minority communities into the public sphere on fair terms.

APA, Harvard, Vancouver, ISO, and other styles

33

Abdelhameed, Adam Mohamed Ahmed, and Kamal Halili Hassan. "Modern Means of Evidence Collection and their Effects on the Accused Privacy: The US Law." Journal of Politics and Law 12, no. 1 (February 28, 2019): 85. http://dx.doi.org/10.5539/jpl.v12n1p85.

Full text

Abstract:

The objective of this article is to discuss modern means of evidence collection by the enforcement agencies and their effects on the accused privacy under the United States’ law. Focus of this article is on the modern means of evidence collection such as electronic surveillance, wiretapping and technology eavesdropping, among others. In the age of modern technology, the objective of revealing the truth and instituting justice has encouraged those with an interest in matters of criminal justice to use modern means beside or instead of the conventional means of evidence collection. Resorting to modern means is premised on the need for criminal proceedings to reflect the circumstances and level of progress of the society where it has been taken. The main problem here however is that there is a possibility of the law enforcement interest in prosecution to be favored and the accused rights to be underrated. We found that at the US federal level, the accused’s privacy right is one of the rights included in the Bill of Rights in 1791 (Fourth Amendment) and supported by many case-law. The article adopts a legal analysis approach which is an accepted form of a qualitative method in social science research.

APA, Harvard, Vancouver, ISO, and other styles

34

Rogoziński, Piotr. "Restriction of the owner’s right to dispose of and use the owner’s premises in the event of a preventive measure being applied against the owner under Article 275a of the Code of Criminal Procedure." Nieruchomości@ I, no. I (March 31, 2021): 177–94. http://dx.doi.org/10.5604/01.3001.0014.7657.

Full text

Abstract:

The author discusses the impact of a preventive measure in the form of an order to temporarily vacate premises occupied together with an aggrieved party, imposed upon a person charged with a violent offence committed to the detriment of the cohabiting person, on the exercise of civil-law rights to the premises by the said accused, in particular when the accused is the owner of the premises. The individual rights jointly constituting the property ownership right are analysed in the context of a preventive measure referred to in Article 275a of the Code of Criminal Procedure. The meaning of the notion of “premises” as used in the procedural law in relation to the preventive measure and its relation with the civil law is examined as well. The article also features a summary and conclusions.

APA, Harvard, Vancouver, ISO, and other styles

35

Carney, Terrence R. "Understanding one’s rights when arrested and detained: An assessment of language barriers that affect comprehension." South African Journal of Criminal Justice 34, no. 1 (2021): 1–30. http://dx.doi.org/10.47348/sacj/v34/i1a1.

Full text

Abstract:

Difficult text formulations, on the one hand, as well as poor linguistic skills and comprehension on the other, can severely hamper the communication effort of basic human rights during the judicial process. The rights entrenched in s 35 of the Constitution of South Africa (Act 108 of 1996), as they apply to individuals who are arrested, detained and accused, and read out by a member of the local South African Police Service (SAPS), are written in a legal register that can be too difficult for additional language speakers to understand. This begs the question of whether arrested, detained and accused individuals are fully aware of their rights and whether they can exercise these rights if they do not understand the language that expresses them. This article appraises the potential comprehensibility of the notice of rights (SAPS 14A), as provided to arrested, detained and accused individuals by the SAPS. The researcher’s assessments indicate that the text is pitched at an English readability level suited to university graduates and could be too difficult for South Africans with limited schooling and linguistic abilities to comprehend. A revision of SAPS 14A is offered as an illustration of a possible improvement to increase readability and, subsequently, better access to the mentioned rights.

APA, Harvard, Vancouver, ISO, and other styles

36

Jamiyeva, Roza. "European standards and principles in defence of rights of accused." Juridical Sciences and Education 48, no. 48 (October 6, 2016): 77–83. http://dx.doi.org/10.25108/2304-1730-1749.iolr.2016.48.69-83.

Full text

APA, Harvard, Vancouver, ISO, and other styles

37

Chelala, César. "School of the Americas accused of training human-rights abusers." Lancet 350, no. 9090 (November 1997): 1530. http://dx.doi.org/10.1016/s0140-6736(05)63968-2.

Full text

APA, Harvard, Vancouver, ISO, and other styles

38

Rich, Vera. "Soviet academy rights one wrong but stands accused by Legasov." Nature 335, no. 6193 (October 1988): 753. http://dx.doi.org/10.1038/335753a0.

Full text

APA, Harvard, Vancouver, ISO, and other styles

39

Flanagan, Thomas. "Insurance, Human Rights, and Equality Rights in Canada: When is Discrimination “Reasonable?”." Canadian Journal of Political Science 18, no. 4 (December 1985): 715–37. http://dx.doi.org/10.1017/s0008423900059552.

Full text

Abstract:

AbstractInsurance classifications that rely on demographic information are often accused of being discriminatory. There is a strong movement, based on human rights legislation as well as the Canadian Charter of Rights and Freedoms, to abolish them. However, analysis shows that the common criticisms of these classifications are self-contradictory and also apply in large measure to the behavioural criteria most commonly proposed as substitutes. Whether current practices are “reasonable” in the sense of the Charter will be an important question for determining the scope of the “equality rights” of section 15 of the Charter.

APA, Harvard, Vancouver, ISO, and other styles

40

Hodgson, Jacqueline. "Suspects, Defendants and Victims in the French Criminal Process: The Context of Recent Reform." International and Comparative Law Quarterly 51, no. 4 (October 2002): 781–815. http://dx.doi.org/10.1093/iclq/51.4.781.

Full text

Abstract:

The recent reform adopted by the French Parliament, the Loi of 15 June 2000, touches upon a wide range of matters from investigation and detention through to trial and appeal, all within a project designed to ‘reinforce the presumption of innocence and the rights of victims’.1 It is part of a broader reform package which originally included strengthening the independence of the procureur2 from the hierarchical control of the Minister of Justice and changing the way in which magistrats3 are selected,4 together with the measures already enacted in June of 1999 to simplify and clarify aspects of criminal procedure and to reduce delay.5 A large part of the June 2000 reform seeks to strengthen the rights of the accused and the safeguards designed to ensure her proper treatment at all stages of the criminal process. Such rhetoric and aspirations stand in contrast to the Home Office and government discourse to which we have become accustomed on this side of the Channel, a discourse dominated by macho language expressing a desire to ‘get tough’ and ‘crackdown’ on crime and presumed criminals.6 Against the backdrop of almost mandatory defence disclosure and the curtailment of the right to silence in this jurisdiction, provisions which strengthen the rights of the accused and provide her with more information about the case against her together with greater opportunities to influence the pre-trial investigation, will make English criminal justice scholars nostalgic for a time when the rights of the accused were seen as something other than ‘a criminal's charter’.

APA, Harvard, Vancouver, ISO, and other styles

41

Taebloo, Feizollah Salehi, and Manuchehr Tavassoli Naini. "Observing the Accused Person Interrogation Rights in Pretrial Period in Iran’s Law and the International Charter of Human Rights." Journal of Politics and Law 9, no. 9 (October 30, 2016): 126. http://dx.doi.org/10.5539/jpl.v9n9p126.

Full text

Abstract:

<p>The culprit is one of the fixed parties in penal judgments and because he is to be stood before the social rights with the support of the prosecutor he enjoys a vulnerable judicial standpoint. The person being charged with a crime or an offence faces the judicial system in the preliminary investigation stage, in other words, pretrial stage. In this stage the culprit, due to the fact that has not been convicted to any crime, he has to undergo interrogation and investigation based on the acquittal principle and preservation of the human prestige and credit. Interrogating the culprit is the main axiom of the pretrial period and it is possible that the culprits be exposed to torture and inhumane behaviors as a result of their rights being ignored and their human dignity being refused by the interrogating bodies. Therefore, the accused person should be enjoying the rights and liberties under the shade of the fair judgment. On the other hand, fair judgment is not intended solely for safeguarding the accused person’s defense rights, rather a just proceeding in its exact meaning is seeking to serve the preservation and supporting the rights and the liberties of all of the individuals who somehow share the legal procedure process. Observing a fair procedure should not be taken as to mean leniency for any single one person, rather observing such principles in the proceedings causes the humanity aspect of the parties not to be underestimated and justice and fairness can be implemented and served regarding their rights.</p>In the present article because it is carried out in humanities realm we have tried to make use of an analytical-descriptive method through the use of the international charter of human rights and requirements and the constitutional laws in Iran and this is while the accused individual rights in the pretrial period has also been enumerated and elucidated on and then we deal with the survey of the Iran’s judicial system and the international charter of human rights regarding the methods of keeping a hold onto such rules and regulations and consequently we will figure that in both of the described systems it has been frequently emphasized on observing the accused person’s rights in the majority of the cases in this period and there has been criminal enforcement mandates for it.

APA, Harvard, Vancouver, ISO, and other styles

42

Koryakina, Zinaida Ivanovna. "Procedural Algorithm for Ensuring the Right a Minor Suspect or Accused to Defense in Pre-Trial Criminal Procedure." Юридические исследования, no. 10 (October 2019): 59–72. http://dx.doi.org/10.25136/2409-7136.2019.10.30926.

Full text

Abstract:

In terms of scientific interpretation and law-enforcement practice, Koryakina analyzes criminal procedure legislation that regulates ensuring the right to defense of a suspect or accused who haven't reached their legal age at the time of trial. The main problem here is that the procedure of pre-trial ensurance of the right to defense of a minor suspect or accused do not cover the full range of legal rights and interests as it is set forth by the Criminal Procedure Code of the Russian Federation. Thus, the legal status of a minor is equalized to the status of an individual of legal age. The aim of the research is to discover new theoretical and practical provisions about the process of ensuring the right to defense of a minor suspect or accused at the pre-trial stage of criminal procedure. The research objectives include analysis of doctrinal and regulatory ensuring the right of minors to defense as well as analysis of specific features of such process. In her research Koryakina has also used sociological, formal legal, comparative legal analysis, systems approach and modelling, historical legal and logical legal methods. In her article the author offers new provisions aimed at developing the mechanism of protection of minors' legal rights and interests taking into account not only their age but also their lack of life experience. Thus, the scientific novelty of the research is caused by the fact that the author suggests to renew the procedure of ensuring the right of minors to defense. 

APA, Harvard, Vancouver, ISO, and other styles

43

Aksenova, Marina. "Human Rights at the International Criminal Court: Testing the Limits of Judicial Discretion." Nordic Journal of International Law 86, no. 1 (March 23, 2017): 68–90. http://dx.doi.org/10.1163/15718107-08601001.

Full text

Abstract:

The future of the International Criminal Court (icc) is uncertain. The system established by the Rome Statute of the icc ensures that priority is given to domestic prosecutions, while at the same time, it imbues international values into national systems. The approach of the Court to the rights of the accused and victims’ rights poses challenges. In the Al Senussi complementarity decision, the icc refused to act as a human rights court and rendered the case inadmissible, notwithstanding the death penalty threatening the accused if tried in Libya. Does the same reasoning hold true in other circumstances? The article explores the relationship between human rights law and international criminal law with specific reference to the principle of complementarity and argues that judicial discretion is central in the assessment of the degree of human rights protection at the icc.

APA, Harvard, Vancouver, ISO, and other styles

44

Rap, S. E., and D. Zlotnik. "The Right to Legal and Other Appropriate Assistance for Child Suspects and Accused." European Journal of Crime, Criminal Law and Criminal Justice 26, no. 2 (May 26, 2018): 110–31. http://dx.doi.org/10.1163/15718174-02602004.

Full text

Abstract:

In this article the development and background of the Directive on procedural safeguards for children who are suspects or accused persons in criminal proceedings is sketched out. Two key rights are reflected upon: the right to legal assistance and the right to other appropriate assistance. The main challenge with regard to the implementation of the right to legal assistance is the possibility of member states to derogate from this right on the basis of the circumstances of the particular criminal case(s) involving the child. The right to legal assistance is contingent upon the proportionality clause that has been built in the Directive and therefore legal assistance is not guaranteed for every child suspect or accused. The right to other appropriate assistance is given separate attention in the Directive, which strengthens the child’s legal position and his support during the proceedings.

APA, Harvard, Vancouver, ISO, and other styles

45

Ihwan, Miftakhul. "Providing Legal Assistance to the Rights of the Defendant in the Case of Murder in Self-Defense." Indonesian Journal of International Clinical Legal Education 3, no. 4 (December 1, 2021): 569–84. http://dx.doi.org/10.15294/ijicle.v3i4.48273.

Full text

Abstract:

Law No. 16 of 2011 concerning legal aid, it is stated that legal aid is legal services provided by legal aid providers free of charge to legal aid recipients. In order to ease the burden of life for groups of people who are economically incapable, and also useful for creating justice and legal protection for the general public, legal aid is formed where the assistance is given to protect the rights of the accused as social beings, especially those included in the incapacitated or poor. Even so, the defendant's actions have clearly violated the law, but the law must also ensure that the rights of the accused are fulfilled as citizens, especially in terms of human rights. Legal aid institutions play an important role in providing legal assistance to people who need legal assistance to guarantee their rights before the law. The problem in this research is how to implement the provision of legal aid to defendants who are economically incapable of murder cases on the basis of self-defense. What are the inhibiting factors for the implementation of providing legal aid to defendants who are economically incapable? The conclusion in this study is that the law clearly stipulates that every citizen has the right to legal guarantees and protection, the state must protect every human right of its citizens well regardless of position status or SARA.

APA, Harvard, Vancouver, ISO, and other styles

46

Revina, Irina V., Olesya S. Pashutina, and Irina N. Chebotareva. "Manipulation of the Right to Defense from the Standpoint of Securing the Right of the Accused to Free Selection of an Attorney." Advocate’s practice 1 (January 14, 2021): 33–39. http://dx.doi.org/10.18572/1999-4826-2021-1-33-39.

Full text

Abstract:

Based on the analysis of the legal position of the Constitutional Court of the Russian Federation and the Supreme Court of the Russian Federation, individual decisions of the European Court of Human Rights, the article examines the factors that determine the participation of backup advocates in criminal proceedings. The article analyzes the criteria for the validity of the refusal of the accused/defendant from the defense-backup in the criminal proceedings. Attention is focused on the inadmissibility of duplication of the functions of the defense that violates the constitutional right of the suspect, the accused to freely choose a lawyer. Methods for resolving the designated legal conflict are proposed.

APA, Harvard, Vancouver, ISO, and other styles

47

Nickel, Rainer. "Extradition, Human Rights, and the Public Order – The “Extradition to India” – Decision of the FCC." German Law Journal 4, no. 12 (December 1, 2003): 1241–54. http://dx.doi.org/10.1017/s2071832200012104.

Full text

Abstract:

The status and range of human rights in international relations is a politically delicate and legally contested topic. In a recent decision the Federal Constitutional Court was forced to concretize the relation between international human rights obligations, domestic constitutional rights laid down in the Grundgesetz and international duties following from extradition contracts between the Federal Republic and other UN member states. More precisely, in the “Extradition to India”-case the FCC had to deal with the crucial question of human rights adjudication: can an accused be handed over to a country where the police force is accused of “using torture as a regular instrument during the interrogation of apprehended persons” and whose correctional institutions are described as “keeping prisoners and detainees in custody under conditions which resemble a cruel, inhuman and humiliating treatment or punishment”?

APA, Harvard, Vancouver, ISO, and other styles

48

Hafemeister, Thomas L. "Protecting Child Witnesses: Judicial Efforts to Minimize Trauma and Reduce Evidentiary Barriers." Violence and Victims 11, no. 1 (January 1996): 71–90. http://dx.doi.org/10.1891/0886-6708.11.1.71.

Full text

Abstract:

Growing attention has been given to the need to protect child witnesses from the potential trauma associated with providing testimony in the courtroom, as well as to the importance of maximizing the validity and reliability of that testimony. At the same time, these efforts may conflict with the right of an accused to confront his or her accuser or various evidentiary rights of the accused. Numerous educational programs have been conducted to assist judges and lawyers to better respond to these issues. A nation-wide survey of judges was conducted to determine the relative use of various means to minimize trauma or reduce evidentiary barriers in child sexual abuse cases, how judges evaluate these means, and the impact of educational programs in this area. The survey indicated that although judges use a broad range of approaches to minimize this trauma or reduce evidentiary barriers, they are particularly likely to use simpler techniques that are relatively easy to implement and which they consider both effective and fair to the parties appearing before the court. Attending educational programs appears to influence the use of these approaches. Survey results also indicated the best methods for disseminating relevant information on child sexual abuse to judges.

APA, Harvard, Vancouver, ISO, and other styles

49

Coleman, Michelle. "The Tension between the Presumption of Innocence and Victims’ Participation Rights at the International Criminal Court." International Criminal Law Review 20, no. 2 (April 23, 2020): 371–93. http://dx.doi.org/10.1163/15718123-01906004.

Full text

Abstract:

This article explores where participation rights of victims and the presumption of innocence come into conflict within the context of the International Criminal Court (icc) and whether this causes either set of rights to be violated. First it discusses the development of the right to the presumption of innocence at the icc and explains victims’ participation rights. Next it outlines how conflict between these two rights should be resolved. The article then examines three areas in which there is tension between victims’ participation and the presumption of innocence. These areas are: calling victims ‘victims’; evidence submission; and participation by questioning witnesses. Finally, the article concludes that the rights of victims and the accused can come into conflict and that in order to ensure that the right to the presumption of innocence is protected, and to provide victims with a meaningful right to participation, victims’ rights must be more clearly defined.

APA, Harvard, Vancouver, ISO, and other styles

50

Dickson, Brice. "The Stephen Livingstone Lecture: ‘The problems with human rights’." Northern Ireland Legal Quarterly 70, no. 4 (January 13, 2020): 467–77. http://dx.doi.org/10.53386/nilq.v70i4.299.

Full text

Abstract:

This is the text of the 2019 Stephen Livingstone Lecture delivered at Queen's University Belfast on 21 November 2019. It explores three types of problems which frequently arise when advocates of human rights try to convert a claim into a human right. These are philosophical problems (people differ greatly in how they conceptualise human rights), legal problems (it is an accident of legal history that human rights became a term of art in international law before it did so in national law, meaning that even today some human rights activists maintain the view that only states can be accused of violating human rights) and practical, or implementational, problems (where there difficulties with the remedies made available to victims of human rights abuses).

APA, Harvard, Vancouver, ISO, and other styles

Journal articles on the topic 'Rights of accused'

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