Literatura académica sobre el tema "Criminal justice, Administration of – Moral and ethical aspects"

AbstractThis chapter aims to investigate moral professionalism in the context of educational leadership. Many researchers have investigated school administration ethics and ethical educational leadership based on case studies. However, the moral, ethical and nonrational aspects have been omitted from the discussion, even if they are present in school policies and practices. This chapter includes an analysis of data gathered as narratives in a study of educational leaders and teachers (N = 82) who participated in two educational leadership training programmes from 2019 to 2021 at one Finnish university. Based on the results, the kinds of ethical dilemmas the educational leaders encountered and how they worked as moral professionals were identified. The results showed that the main parties, in both ethically easy and ethically difficult dilemmas, were staff members. In the ethically easy dilemmas, the main theme concerning staff was interactions and conflicts; in the ethically difficult dilemmas, it was work arrangements. The most frequently mentioned principles and values in the ethical dilemmas were fairness, justice, equality, the child’s interest and well-being.

Abstract Tony Bottoms’s work has a crucial role in developing ethical studies in the criminological context. Numerous social scientists have investigated ethically important issues of criminal justice, including some discussion of moral theory. However, rather than ‘applying’ ready-made moral theory to criminology, Tony employs moral thought as a set of conceptual tools for articulating the diverse presence of moral value in the issues studied. This is a way of pursuing an empirically based project of moral thought, judgement, and inquiry. It is, in important respects, a contemporary version of the ‘moral sciences’ approach in the tradition of the British Moralists, such as Hume, Smith, and others. Tony has explored in considerable depth critically important issues concerning agency and how its exercise is to be understood—both in contrast to and in conjunction with the sorts of causal explanations criminologists often seek. He has articulated a sophisticated awareness of aspects of moral thought and theorising, showing how they are integral to understanding criminological topics. His approach overcomes the alleged fact/value compartmentalisation in a way that is illuminating for both criminology and moral philosophy.

This chapter analyzes the use of artificial intelligence in different activities, with a focus on the uses in the justice system of the Autonomous City of Buenos Aires in Argentina. It first makes a recount of what is understood by artificial intelligence, its origins, and applications to then examine its application in different aspects of the criminal justice system, including the law enforcement and judicial software currently in use, with the ethical and legal issues that arise. It then delves into the functioning of PROMETEA, an AI system developed and used by the Office of the General Attorney of the Autonomous City of Buenos Aires, finishing with some of the legal implications according to Argentine law.

The institution of representation is central in civil procedural law and is an important mechanism for ensuring constitutional guarantees, namely the protection of the rights and legitimate interests of subjects involved in the field of civil justice, which leads to its wide application in practice and considerable attention in the scientific community. However, the problem of liability of a court representative for non-fulfillment or improper fulfillment of his duties to the client, the state and society as a whole is not without theoretical gaps, imperfection of legal regulation and practical implementation difficulties. The goal of our research was a comprehensive analysis of the main types of responsibility of a lawyer as a representative in civil proceedings, with an emphasis on disciplinary, civil and constitutional responsibility, identification of problems of their legal regulation and practical application, and formulation of own proposals aimed at improving law-making and law-enforcement practice in this area. The research methodology consisted of a complex of general philosophical, general scientific and special methods of scientific knowledge. With the help of the dialectical method, the problems of the lawyer's responsibility were investigated in all their complexity and contradictions, and the ways of their solution were determined; the comparative legal method ensured the comparison of domestic legislation with the legislation of foreign countries; the application of the logical-legal method contributed to the analysis of legal norms, the clarification of the content of legal concepts within the scope of the studied issues and the formulation of their definitions; the historical-legal method was used primarily to demonstrate the ideological origins of the understanding of the principles of the lawyer's responsibility; the method of theoretical modeling made it possible to determine the main vectors of improvement of the current domestic legislation. Practical implications. Solving the current problems of the lawyer's responsibility as a representative in civil proceedings will ensure the improvement of law enforcement practice, which in turn will contribute to strengthening the guarantees of judicial protection of the rights of subjects and improving the quality of Ukrainian justice. Value/originality. The conducted comprehensive study of the disciplinary, civil and constitutional responsibility of the lawyer as a representative in civil proceedings ensured the formulation of relevant and timely conclusions, which provide for the definition of important theoretical categories ("representation", "representative", "responsibility", "disciplinary responsibility", "civil responsibility", "constitutional responsibility", "positive responsibility", "negative responsibility", etc.) and the formulation of a number of proposals aimed at improving the current legislation, in particular regarding the need to expand the established list of disciplinary offenses of lawyers and specify the sanction depending on the specific violations committed by us; the introduction of a standard contract for the provision of legal services, in which, among the essential conditions, provisions regarding the civil and criminal liability of the lawyer are to be provided, solving the issue of compensation for moral damage to the client, as well as establishing the institution of civil and criminal liability independent attorney; the need to adopt a single codified act dedicated to the regulation of constitutional and legal responsibility, including defining the position of lawyers in it.