Basis Of Conviction Research Articles

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The article conducted a theoretical analysis of the prospects for the implementation of administrative and legal methods of public administration in the field of intellectual property in Ukraine. The definition of public administration in the sphere of intellectual property is formulated, which is proposed to understand regulated by normative legal acts the activities of the respective public administration entities aimed at implementing the rules of legal acts regulating the sphere of intellectual property by making administrative decisions and providing legislation. It is emphasized that the methods of public administration in the field of intellectual property should be understood as the external activity of the respective entities, which is carried out by the latter within their competence and aimed at fulfilling the tasks assigned to them in the field of intellectual property. It is emphasized that among the methods used in the process of public administration in the field of intellectual property, there are primarily methods of persuasion and coercion, but based on the principle of orientation on the implementation of the result of intellectual creative activity to economic circulation, efficiency in this industry can be achieved Subject to the dominance of the method of persuasion, expressed both in direct and indirect influence. It has been proven that, in addition to the practice of the activity of public administration entities in the field of intellectual property, state coercion, which is auxiliary and is carried out on the basis of conviction and only after applying methods of persuasion. It is emphasized that the purpose of the application of administrative coercion measures has caused the existence of the relevant classification of the latter, within which three groups of administrative coercion measures are distinguished: measures of administrative warning, measures of administrative termination and measures of administrative penalties. It is concluded that public administration entities in the field of intellectual property in the course of their activities have the opportunity to use a wide range of various methods of public-managerial influence, through which, in fact, the process of purposeful influence of the latter on objects of public administration is carried out. Keywords: administrative responsibility, intellectual property, method, subject of public administration, belief, coercion, public institution, public administration, sphere of intellectual property.

DNA Evidence as the Basis for Conviction

The sufficiency of DNA evidence alone, with regard to convicting accused persons, has been interrogated and challenged in criminal cases. The availability of offender databases and the increasing sophistication of crime scene recovery of evidence have resulted in a new type of prosecution in which the State's case focuses on match statistics to explain the significance of a match between the accused's DNA profile and the crime-scene evidence. A number of such cases have raised critical jurisprudential questions about the proper role of probabilistic evidence, and the misapprehension of match statistics by courts. This article, with reference to selected cases from specific jurisdictions, investigates the issue of DNA evidence as the exclusive basis for conviction and important factors such as primary, secondary and tertiary transfer, contamination, cold hits and match probability which can influence the reliability of basing a conviction on DNA evidence alone, are discussed.

Explaining and trusting expert evidence: What is a ‘sufficiently reliable scientific basis’?

Through a series of judicial decisions and Practice Directions, the English courts have developed a rule that expert evidence must have ‘a sufficiently reliable scientific basis to be admitted’. There is a dearth of case-law as to what degree of reliability is ‘sufficient’. This article argues that the test should be interpreted as analogous to one developed in the law of hearsay: expert evidence (scientific or otherwise) must be ‘potentially safely reliable’ in the context of the evidence as a whole. The implications of this test will vary according to the relationship between the expert evidence and the other evidence in the case. The article identifies three main patterns into which this relationship falls. Whether the jury relies upon the evidence will depend upon what they regard as the best explanation of the evidence and how far they trust the expert. Whether their reliance is safe (as a basis for conviction) depends on whether they could rationally rule out explanations consistent with innocence, and whether the degree to which they take the expert’s evidence on trust is consistent with prosecution’s burden of proving the essential elements of its case, including the reliability of any scientific techniques on which it relies.

Speech Reporting in Chinese Criminal Judgements

AbstractSpeech reporting is an important linguistic tool for criminal judgements to represent facts and evidence and state reasons for conviction and judgement. This paper analyzes speech reporting in 500 Chinese criminal judgements and identifies three major findings. First, speech reporting in criminal judgements includes two general types,procedural reportingandsubstantive reporting, both of which can be further categorized into three sub-types,direct reporting,indirect reporting, andnarrative report of speech act. Second, procedural reporting mainly appears in the beginning and body parts of a criminal judgement to introduce the origin of the case, clarify relevant legal concepts, indicate the basis of conviction and judgement, and maintain, approve, and reject the judgement of a lower court, performing the function of maintaining procedural justice. Third, substantive reporting mainly occurs in the body part of a criminal judgement to state, summarize, generalize, and clarify relevant facts and evidence, serving substantive justice.

Health motive and the purchase of organic food: A meta‐analytic review

AbstractThere are many empirically determined influential factors known to control the organic food purchase behaviour. Of these known factors‐ health, product quality and concern for natural environmental degradation are seen as the major motives behind the organic food purchase. We, therefore, attempted to investigate the most prominent reason(s) for buying organic food, using the meta‐analyses of studies published during the last 25 years as our basis for conviction. Multilevel meta‐analyses was applied to the studies in review, in order to find the major reason(s) for the purchase of organic grocery, milk, fruits and vegetables. Although the three motivational factors mentioned above have been echoed throughout the history of organic food purchase research, the health factor has always topped the priority chart. The study in its overall empirical scale contributes to managerial implications and sets an agenda for future research.

ФАНТОМНЫЕ ОБЩЕСТВЕННЫЕ ОРГАНИЗАЦИИ КАК ИНСТРУМЕНТ РЕПРЕССИЙ В ЦЕНТРАЛЬНОМ ЧЕРНОЗЕМЬЕ 1920–1930-Х ГГ.

The author considers thatthe emergence of the phenomenon of phantom organizations in the Central Chernozemregion was connected with the aggravation of the conflict between the government and the society in the period of the 1920-1930s in the USSR, when the political power eliminated the active and passive resistance ofthe public. Simultaneously, in order to make repression legal, the law enforcement authorities falsifi ed the presence of non-governmental organizations, relating some of their suspectsto them. Thejudicial or extra-judicial authorities with the same powers on the basis of such fraud passed sentences in which pseudo-participation in phantom organizations was seen as a real fault and the basis for conviction. Thus, phantom organizations became a fact of real life.The author has found out that the phantom-governmental organizations were established by the Central Office of the NKVD and simultaneously functioned in the territory of several regions of the country. Such centralization simultaneously solved several problems - the scale of the chimeric affairs gave them more credence than local ideas; inexperienced local investigators got the necessary practice of fabrication of criminal cases in collective work under the direction of the centre; the central governance of the law enforcement authorities got additional tool of control over the activities of regional offices.

Suspicious transaction reporting: an Indian experience

Purpose – The purpose of this paper is to assess the effectiveness of anti-money laundering (AML) reporting system in India in terms of Suspicious Transaction Reports (STRs) and its impact on countering money laundering through the conviction and confiscation. The main emphasis of financial action task force (FATF) guidelines on AML and countering of financing of terrorism (CFT) is the obligation of financial institutions and designated non-financial businesses and professions to instantaneously report the suspicious transactions to Financial Intelligence Unit (FIU), an agency with a mandate to deal with AML. Design/methodology/approach – It is a descriptive study to explore the outcome of the AML process. The study has used the secondary information published in the annual reports of FIU-India and FATF. The study period is 2006-2007 to 2011-2012. Findings – Though there is a significant increase in the STRs filed, the impact of AML is not realized in terms of neither AML-related convictions nor confiscations, since the enactment of the Prevention of Money Laundering Act (PMLA). However, the AML/CFT regime in India has just started earnestly, and it still has to go a long way before stabilizing and achieve tangible results. Research limitations/implications – In the Indian context, only few of the effectiveness indicators of the FATF methodology 2013 could be selected due to the limited availability of data, as much of the information maintained by various stakeholders, including reporting entities, FIU-India and other investigative and enforcement agencies, is kept confidential. Thus, it is difficult to establish the effectiveness of enforcement function of AML. Evaluation of effectiveness of AML is judged on the basis of convictions and confiscations. Originality/value – There is a dearth of studies assessing the reporting system under PMLA and thus this paper attempts to throw some insights on the outcome of AML chain, especially the impact of reporting suspicious transactions.

A creature not quite of this World: Adaptations of Margaret Thatcher on 1980s British televisiona

Because the image conveyed by Margaret Thatcher was a construct and therefore artificial, what she looked and sounded like easily transferred from reality into heightened layers of parody and satire. But the way Thatcher appeared on a number of 1980s television texts is striking in terms of how her leadership and persona were read within gendered terms. Thatcher herself consistently downplayed the importance of gender or her own femininity. For her, politics functioned on the basis of convictions, principles and economic theories and far from thinking of herself in gendered terms, Thatcher sought to locate her leadership within gender-neutral realms. There is ultimately little to distinguish the actual Thatcher from the parodic Thatcher; this is inevitable for a leader whose image was so artificial. But where there is a major divergence between reality and the adaptation of reality is on the question of gender. Parodies of Thatcher on 1980s British television consistently returned Thatcher to gendered realms of conduct, showing her as nanny, ice maiden, warrior queen and often as a type conceptualized by film theorists as the ‘monstrous feminine’. This article explores parodies of Thatcher, showing ways in which, in contrast to Thatcher’s own insistence on gender neutrality, comedic and parodic works that were supposedly avant-garde or alternative in fact resorted to highly traditional gender types as the only way to make sense of Margaret Thatcher.

Dying Declaration and its Corroboration in Pakistan and India: An Analytical Study of Case Law

This paper analyses the law pertaining to corroboration of dying declarations in Pakistan and India. In this regard, the rule of law states that a dying declaration may form a sole basis of conviction without any corroboration if it inspires confidence. But as far as the rule of prudence is concerned a dying declaration ought to be corroborated owing to the fact that it emanates from an interested source. Moreover, such dying declarations which do not ring true they should be corroborated as of rule of law. Bearing in mind this legal scenario, the paper explores the circumstances in which corroboration of dying declarations become necessary analysing the case law of the superior courts of the Indian subcontinent. Furthermore, it catalogues those corroborative pieces of evidence which have judicially been held sufficient for corroboration of dying declarations.

A Comparative Study of Ss. 154, 161,162 and 537 of the Code Criminal Procedure, 1898 and Art. 40, 140, 151 of the Qanun-I-Shahadat Order, 1984

The paper is a comparative study of various kinds of statements recorded under the General procedural law of Pakistan. The process of investigation by a Police Officer begins after an FIR is lodged by any person regarding the commission of a cognizable offence under section 154. This is a statement earliest in time, recorded by the Police and signed by the maker. It is not on oath nor is it a substantive piece of evidence. A copy of FIR is given to the maker. The police-officer after recording of the FIR is vested with all the powers to investigate the facts and circumstances of the case under section 161 of the Code of Criminal Procedure, 1898. Such statement is neither on oath, nor signed by the maker. It is also not a substantive piece of evidence. A copy of the statement recorded under section 161 of the Cr. P. C. is the right of the accused to demand and obligation of the prosecution to give seven days prior to trial. Similarities in FIR and a Statement u/s. 161: The similarities between an FIR and a Statement u/s. 161 are that both are recorded by a police-officer. Both are previous statements in view of Articles 150 and 153 of the Qanun-i-Shahadat Order, 1984 . Both are not substantive piece of evidence. Both cannot be used in any way as substantive evidence to form the basis of conviction. FIR can only be used to corroborate the statements of the maker under section 153 of the Qanun-i-Shahadat Order, 1984 or to contradict it under section 140 of the Qanun-i-Shahadat Order, 1984. It cannot be used as evidence against the maker at the trial if he himself becomes an accused, nor to corroborate or contradict other witnesses. An FIR is undoubtedly a most important document in a criminal case, which has been investigated and eventually prosecuted in the Court by the Police. It may not be evidence by itself, but it certainly furnishes a clue to the possible truth of the allegations against the accused. The FIR is admissible under Article 21 of the Qanun-i-Shahadat Order, 1984. The FIR can be used only to corroborate or contradict its maker. But not for contradiction of other witnesses. Therefore where complainant is not produced in evidence, FIR loses its evidentiary value.Dissimilarities in FIR and a Statement u/s. 161 The dissimilarities between the two are that FIR is earlier to investigation while a Statement u/s. 161 is during the investigation by the police-officer. FIR is signed by the maker while a Statement u/s. 161 is not signed by the maker.Where the defence wants to contradict and challenge the testimony of a witness with reference to his previous statement reduced into writing, i.e. the FIR, the provisions of Article 40 of the Qanun-i-Shahadat Order, 1984 come into play, and the previous statement of the witness, either made by him i writing or reduced into writing, cannot be used for the purpose of contradicting him unless his attention has first been drawn to those parts of the previous statement by which it is proposed to contradict him. It is a principle of fair play that such an opportunity should be given to the witness when he is before trial Court.

Corruption in US states: the effects of socio-economic factors

This study is an empirical examination of socio-economic determinants of corruption in US states. Using the data on state-by-state number of corruption convictions from the US Department of Justice as the dependent variable, socio-economic factors such as income inequality, education level and ethnic diversity are investigated. First, we find that US states with higher education level are generally less corrupt when corruption is defined on the basis of convictions. Second, the hypothesis arguing that greater income inequality is associated with higher levels of corruption is supported by our empirical findings. Third, the study shows some evidence that high levels of ethnic diversity positively affect corruption rates. Finally, the study provides strong evidence that the states with greater populations have lesser corruption. Using corruption convictions data, these results echo the findings of the many cross-national studies relying on the data on corruption perception.

Libraries and leisure—part 2

It would be tedious to summarise the papers in turn, for somehow life escapes that way. Instead of an editor's reduction, it seemed best to quote passages in the original words of the speaker, and to choose those passages which best illustrate fundamental thinking about function, and issues of practical policy, both equally relevant to this vexed theme. We are all perfectly familiar with the practical implications of a cultural programme, however modest, and it was important to give it full attention in the seminar, yet without a profound basis for conviction, the house is built on sand.

Information. Defendant's Affidavit of Facts and Plea of Guilty Held Sufficient as Basis of Conviction despite Absence of Formal Information

Information. Defendant's Affidavit of Facts and Plea of Guilty Held Sufficient as Basis of Conviction despite Absence of Formal Information