Court Sentences Research Articles

Automatic Frame Analysis for the Evaluation of Text Influence

The research paper focuses on the mechanism of semantic parser for automatic text analysis and represents some results of analyzing news with a total volume of 2.2 million clauses. This mechanism models the processes of text comprehension and in this paper it is applied to the evaluation of the text influence on the reader. The parser constructs a semantic representation of the text and maps the meaning of each clause to a particular frame belonging either to the set of 300 emotional or to the set of 4500 rational frames. Comparing the frames of pro-state (federal) and blocked sources in Russia, the authors show that the most frequent frames in federal news represent an interactive dialog between the media and the speaker (note, add, recall, etc.), while the most frequent frames in blocked news introduce the speaker’s utterance that has become known to the news agencies (report, write, say, etc.). This reflects the remoteness of the editors of blocked news from Russian speakers. The federal media more often report about funny or unexpected purchases, as well as about how federal employees rescue people, and this agenda should make a positive impression. The blocked media, on the other hand, are more likely to mention court sentencing and death, which should have a negative impact. The natural-language inference constructed via frame combinations is shown to enable the recognition of emotional situations in derived meanings that are not explicitly expressed in the text and, thus, it allows to analyze automatically more compound mechanisms of manipulation.

Effects of victim's body posture and attacker's gender on slashing attacks: a biomechanical study.

Sharp force injury has been and will remain to be a major cause of violent death; however, scientific evaluations on the impact of body posture of the victim and gender of the perpetrator on sharp force injury have been scarce. The purpose of this study was to evaluate the biomechanical characteristics found in individuals (male and female) when using a Chinese kitchen knife to slash the neck of a dummy while it was in the standing and supine positions. This work offers a solid basis for forensic identifications, criminal investigations, and court trials. A total of 12 male and 12 female college students participated in this study. Kinematic, kinetic, and surface electromyography (sEMG) data were evaluated when slashing the neck of a dummy while it was in the standing and supine positions using a Chinese kitchen knife. When slashing the neck of a standing dummy, participants showed shorter contact time (19.5%) and slower shoulder velocities (30.9%) as well as higher hip velocity (26.0%) and increased root mean square (RMS) and integral electromyography (iEMG) for the anterior deltoid (51.3% and 51.2%, respectively) compared to those while the dummy was in the supine position (all p < 0.05), regardless of gender. When slashing a dummy's neck while it was in standing and supine positions, male participants showed higher shoulder, elbow, and wrist velocities (22.6%, 22.7%, and 24.4%, respectively) and higher slashing velocity (19.8%), slashing force (24.2%), and energy (46.2%) than female participants (all p < 0.05). In addition, male participants showed shorter contact time (17.8%), and the values of RMS and iEMG of the anterior deltoid, biceps brachii, extensor carpi radialis longus, and flexor carpi ulnaris were less than those of female participants (98.9%, 47.3%, 65.6%, and 33.4% for RMS and 115.1%, 59.4%, 80.1%, and 47.8% for iEMG, respectively). There was no difference in slashing speed, slashing force, and energy when using a Chinese kitchen knife to slash the dummy's neck while it was in different body postures (standing and supine), suggesting a similar level of injury severity. However, there were significant differences in slashing action patterns between the two body postures, with longer contact time, smaller hip velocity, greater shoulder velocity, and less muscle activation level of the deltoid exertion when slashing the dummy's neck in the supine position. Gender may have a greater effect on the severity of slashing, and the gender difference may be partly related to the body weight difference. The findings from this study may provide quantitative indicators and references for analyzing the motive behind the crime, as well as for case reconstruction, and for the court's conviction and sentencing processes.

Evaluating the Forensic Inferences of Oral Nicotine Ingestion: Autopsy Case Review, Animal Experimentation, and Legal Implications

Nicotine, a highly lipophilic alkaloid derived from Nicotiana tabacum and Nicotiana rustica, can be lethal even in small doses when ingested in concentrated forms like e-cigarette liquids. This study examined a murder case in South Korea where a 52-year-old man was allegedly killed by oral administration of nicotine. Despite the absence of typical signs, such as chemical burns or vomiting, the case posed questions about the lethal concentration of nicotine and the presence of gastrointestinal symptoms in nicotine poisoning. Through literature review, autopsy analysis, and animal experiments, this study evaluated the forensic evidence presented in court. The results indicated that lethal nicotine levels could be lower than established previously, and death could occur without gastrointestinal injury or vomiting. Our findings supported the court's conviction decision, emphasizing the variability of symptoms in nicotine toxicity and the importance of scientific evidence in legal proceedings. The results of this study highlight the role of forensic medicine in clarifying scientific uncertainties in judicial contexts, particularly in cases involving toxic substances.

Jail Utilization and Court Sentencing: Does Jail Overcrowding Influence State Court Sentencing Decisions?

Drawing upon organizational perspectives and focal concerns theory, this article tests the impacts of jail utilization (i.e. the ratio of jail population: rated capacity) on sentencing practices. Using 18 years of felony sentencing data from Florida and county characteristics, ordinary least squares regression models are estimated to determine whether jail utilization impacts sentencing trends between counties. Latent growth curves assess jail utilization effects within counties over time. Jail utilization is significantly associated with sentencing and this effect is robust across and within counties over time. Across counties the effect is largely non-linear; community-based sanctions are more common in counties that have reached a jail utilization threshold. Jail utilization effects are robust across general and discretionary cases but vary according to local crime rates. The findings suggest that extralegal considerations influence sentencing decisions; i.e. when jail utilization decreases, courts will impose more jail sentences simply because space is available.

Уголовная ответственность за преступления против половой неприкосновенности и половой свободы личности несовершеннолетних: требуются единые подходы

Introduction: the article analyses criminal legislation on liability for crimes against sexual inviolability and sexual freedom of minors, formulates proposals for improving the relevant Articles of the Criminal Code of the Russian Federation. Materials and Methods: the study used dialectical-materialistic, logical, historical, system-structural, comparative-legal, statistical methods. The sentences of courts on crimes under Ch. 18 of the Criminal Code of the Russian Federation for the last three years were analysed. Results: as a result of the analysis the author made suggestions for improvement the Articles of Ch. 18 of the Criminal Code of the Russian Federation. Discussion and Conclusions: the proposed changes in criminal legislation will contribute to further differentiation of criminal liability for crimes against sexual inviolability and sexual freedom of minors, individualization of criminal punishment imposed on guilty persons.

РОБОТА З КРИВДНИКАМИ В МЕЖАХ НАГЛЯДОВОЇ ПРОБАЦІЇ

The author of the article analyzes the powers of probation authorities to work with offenders within the framework of supervised probation, and considers the available tools for influencing the behavior of such persons and their correlation with other forms of social and educational influence. The article emphasizes that the activities of probation authorities are not only about ensuring control over the behavior of such persons and implementing probation programs when they are appointed by a court sentence, but also about forming the necessary cooperation and creating conditions which allow for effective influence on criminogenic factors to overcome or reduce them. To this end, supervised probation should include the study of individual and group characteristics of offenders, and the capabilities of other agencies and institutions involved in overcoming the problem of domestic violence. Supervised probation is a way of state influence on the process of punishing offenders, determining the need to extend the measure of criminal coercion, as well as a way to determine the effectiveness of the criminal liability measure and provides for the existence of a system of measures for regular or random monitoring of the behavior of convicts. The Recommendation Rec(2010)1 of the Committee of Ministers to Member States on the Council of Europe Probation Rules states that probation, based on actions and measures of educational influence, is designed to ensure the enforcement of statutory sentences through supervision in order to involve convicts in public life and ensure the safety of society. At the same time, supervision should be viewed not only as a control function, but also as a means of counseling, assisting or motivating prisoners. The same document emphasizes that the probation service should work in cooperation with other public or private organizations and local governments to facilitate the reintegration of prisoners into society. Coordinated and complementary activities of different agencies based on the application of different branches of science are necessary to solve the sometimes complex problems of convicts and ensure the safety of society. The probation service should interact with other bodies and institutions of the justice system, with agencies that support its activities, and with the public to effectively perform its duties and functions. 38. The probation service should encourage the agencies supporting its activities so that they take responsibility for solving the problems of convicts as members of society. The article reveals the role of supervised probation in national realities and highlights its problematic aspects in the context of working with offenders. Key words: convicts, probation, supervised probation, subject of supervised probation, criminal law measures not related to the isolation of offenders, interaction of probation authorities, organizational and legal mechanism of probation interaction.

The influence of the race of defendant and the race of victim on capital charging and sentencing in California

AbstractThe California Racial Justice Act of 2020 recognized racial and ethnic discrimination as a basis for relief in capital cases, expressly permitting several types of statistical evidence to be introduced. This statewide study of the influence of race and ethnicity on the application of capital punishment contributes to this evidence. We draw on data from over 27,000 murder and manslaughter convictions in California state courts between 1978 and 2002. Using multiple methods, we found significant racial and ethnic disparities in charging and sentencing decisions. Controlling for defendant culpability and specific statutory aggravators, we show that Black and Latinx defendants and all defendants convicted of killing at least one white victim are substantially more likely to be sentenced to death. We further examined the role that race and ethnicity have in decision‐making at various points in the criminal justice system. We found that prosecutors were significantly more likely to seek death against defendants who kill white victims, and that juries were significantly more likely to sentence those defendants to death. The magnitude of the race of the defendant and race of the victim effects is substantially higher than in prior studies in other states and in single‐jurisdiction research. The results show an entrenched pattern of racial disparities in charging and sentencing that privileges white victim cases, as well as patterns of racial disparities in who is charged and sentenced to death in California courts that are the natural result of California's capacious statutory definition of death eligibility, which permits virtually unlimited discretion for charging and sentencing decisions. This pattern of racial preferences illustrates the social costs of California's failure to follow the Supreme Court's directive in Furman v Georgia to narrow the application of capital punishment over 50 years ago.

Electronic Surveillance in Immigration Court: Evidence from the CalGang Database

Through a mixed-methods approach that draws on over 4000 pages of organizational documents and two quantitative data sets from federal and state entities, the authors ask, has the growth of electronic surveillance by local criminal justice agencies, with corresponding database interoperability and information sharing, changed how federal agencies—specifically immigration agencies—operate? We focus on the CalGang Database, California’s statewide gang intelligence database, to document how, since its inception in 1998, CalGang has grown both in the number of individuals under surveillance and the number of what we call adjacent users, which we define as people who can access CalGang data but were not initially intended as users and who, in pre-digital surveillance eras, would have a much more difficult time obtaining the information. In this paper we focus specifically on adjacent users in the immigration system who determine the detention and deportation of noncitizens by leveraging an information sharing agreement that gave U.S. Immigration and Customs Enforcement (ICE) access to Calgang between January 2006 and October 2016. Using a two-way “difference in differences” approach, we estimate the impact of CalGang interoperability on federal adjacent users by comparing outcomes across immigration cases that began before or after the data sharing agreement ended. Our qualitative and quantitative analyses both demonstrate that immigration adjudicators’ access to local electronic surveillance information is associated with an increase in the number of immigrants facing criminal immigration charges that do not necessarily require a formal criminal conviction in state court, and that deportation rates are higher when ICE has access to local electronic surveillance.

Органы политической полиции Саратовской губернии в конце XIX – начале XX века: институциональные изменения, направления работы и специфика межгубернского взаимодействия

Introduction. The relevance of the chosen research topic is of lasting importance, since the place, role and importance of the political police is always of paramount importance in order to ensure the security of the state and its power structures. Theoretical analysis. During the second half of the 19th and the beginning of the 20th centuries, the gendarmerie bodies underwent gradual reform and serious intradepartmental and interregional reorganization. As a result, by the beginning of the last century, two main, interconnected and interacting structures of the political police operated in the Russian Empire – a separate corps of gendarmes (with a network of provincial gendarmerie departments and gendarmerie police departments of railways) and Security (search) departments (points). Empirical analysis. It was revealed that the political police bodies operating in the early twentieth century on the territory of the Saratov province (Saratov Provincial Gendarmerie Department, Tambov-Ural Gendarmerie Police Department of Railways, Saratov Security Department and Volga Region Security Department), which underwent organizational and structural changes in accordance with the directive acts of the authorities, purposefully performed their functions of search, covert supervision and surveillance of unreliable elements, inquiry and political investigation, as well as the execution of court sentences in political cases. Results. The process of reorganization and restructuring of political police bodies at the local level, in particular, in the Saratov province, testifies to the contradictory and ambiguous nature of the ongoing transformations. The empirical material studied shows that the authorities of late imperial Russia failed, to the necessary extent, to create an effective system of political investigation, which was supposed to resist the rapidly developing revolutionary movement at the beginning of the 20th century.

Patterns of air pollution enforcement in Canada: Environmental priorities versus enforcement outcomes

Ambient air pollution is one of the leading health and environmental concerns worldwide, including in Canada. To reduce air pollution impacts, governments create and enforce various laws and regulations. Few studies have examined the particulars of enforcement and fewer still in Canada. To this end, we ask: How does enforcement vary across jurisdictions, time, or other factors? What types of violations or offenders appear to be prioritized for enforcement action in Canada? We created a dataset of air pollution enforcement actions between 2000 and 2020, using data from 8 provinces and the federal government. Through this process, we identified gaps in data sharing and transparency for air-pollution-related enforcement in Canada related to ease-of-access and standardization. Based on these available data, which has acknowledged limitations, we find that regulators appear to employ a cooperative and nonresponsive approach to enforcement, as demonstrated by low fines, a lack of escalating enforcement actions for repeat offenders, frequent use of low-level penalties, and infrequent prosecutions leading to few court convictions. Environmental priorities and enforcement outcomes appear to be misaligned, with few and low penalties for large emitters and repeat offenders. We offer recommendations to better align enforcement strategies with stated environmental policy goals, including focusing enforcement on high-risk offenses, improving data sharing, and strengthening federal environmental laws and agencies.

Associations between general and specific psychopathology factors in parents and psychiatric, behavioral, and psychosocial outcomes in offspring: a Swedish population-based register study

IntroductionPsychiatric conditions in parents are associated not only with the same condition in offspring, but also with virtually all other psychiatric conditions. However, it remains unknown whether this intergenerational transmission of psychiatric conditions was attributable to broader psychopathology comorbidity or to specific conditions.ObjectivesTo estimate associations between general and specific factors of psychopathology in parents, and a wide range of register-based outcomes in their offspring.MethodsBased on Swedish national registers, we linked 2 947 703 individuals born in Sweden between 1970 and 2000 to their biological parents (1 705 780 pairs of parents) and followed them to December 31, 2013. First, we estimated one general and three unrelated (specific) psychopathology factors (capturing internalizing, externalizing, and psychotic problems, respectively, independently of general psychopathology) based on nine parental register-based psychiatric diagnoses and violent criminal court convictions. Second, we regressed each offspring outcome on the latent general and three specific factors simultaneously.ResultsThe general psychopathology factor in parents was significantly associated with all 31 offspring outcomes (mean Odds Ratio (OR) = 1.22; range: 1.08–1.40), which means that children whose parents scored one standard deviation above the mean on general psychopathology had, on average, a 23% higher probability of all outcomes. The specific psychotic factor in parents was primarily associated with psychotic-like outcomes (mean OR = 1.17; range: 1.05–1.25), and the specific internalizing factor in parents was primarily associated with offspring internalizing (mean OR = 1.11; range: 1.11–1.13) and neurodevelopmental outcomes (mean OR = 1.07; range: 1.02–1.10). The specific externalizing factor in parents was associated with externalizing (mean OR = 1.27; range: 1.21–1.32) and internalizing outcomes (mean OR = 1.10; range: 1.01–1.13).ConclusionsThe intergenerational transmission of psychiatric conditions across different types of spectra appeared largely attributable to a parental general factor of psychopathology, whereas specific factors were primarily responsible for within-spectrum associations between parents and their offspring. Service providers (e.g., child psychologists, psychiatrists, teachers, and social workers) might benefit from taking the total number of parental mental health problems into account, regardless of type, when forecasting child mental health and social functions.Disclosure of InterestNone Declared

Legal and secondary biopsychosocial outcomes of child sexual abuse: Experience from a hospital-based multidisciplinary child protection unit in an urban lower-middle income country setting

BackgroundChild sexual abuse (CSA) is prevalent in the Philippines. The Philippine General Hospital–Child Protection Unit (PGH-CPU) provides multidisciplinary management. Local literature on legal and secondary biopsychosocial outcomes of CSA is limited. ObjectiveDetermine legal and biopsychosocial outcomes among CSA survivors and determine factors associated with reaching court and perpetrator conviction. ParticipantsCSA survivors evaluated at the PGH-CPU in 2009–2013. MethodsA mixed transdisciplinary design to obtain data from medical records, court documents, and interviews of study participants and key informants. ResultsFactors associated with CSA cases reaching court were having multiple perpetrators (OR 5.26, 95% CI 1.45–19.05, p = 0.011) and an age difference of more than 10 years between child and perpetrator (OR 2.51, 95% CI 1.26–5.01, p = 0.009). A 10-year age difference between child and perpetrator was a significant determinant for conviction (OR 3.69, 95% CI 1.04–13.14, p = 0.044). Interviews showed that the child's testimony is the most significant factor for successful prosecution. CSA survivors have increased risks for negative biopsychosocial outcomes. Children who followed-up at PGH-CPU showed a significantly lower rate of suicide attempts (0% vs. 7.7% in children without follow-up, p = 0.023) and had lower odds of having multiple sexual partners (OR 0.12, 95% CI 0.03–0.49, p = 0.003) and being employed (OR 0.23, 95% CI 0.07–069, p = 0.009). ConclusionsThere is a need to strengthen capacities of professionals to optimize legal processes and outcomes. CSA survivors have varied long-term outcomes requiring continued holistic aftercare interventions.

Online Grooming: Factores de Riesgo y Modus Operandi a Partir de un Análisis de Sentencias Españolas

Online grooming has increased along with the development of new technologies. To prevent it, we need to know the characteristics of offenders and victims, and the modus operandi. To do so, we analysed 20 Spanish court sentences (2017-2020 period). The sample is made up of 20 offenders (men, mean age = 35 years old) and 65 victims (46&percnt; girls, mean age = 14 years old). Although there was no homogeneous profile, in line with previous investigations, offenders were mostly unknown young men with no criminal records with a higher average age. The persuasion strategies that were found were similar with those of the literature but different by sex (deception and coercion girls, corruption boys). An offline meeting was suggested in 90&percnt; of the cases, being more accepted if the offender was known. Disability in the victims worked as a risk factor. In the discussion section we debunk myths, hoping to contribute with evidence-based material for further prevention programs.

CONDITIONAL RELEASE OF MINORS FROM SERVING THE SENTENCE

In this article, conditional release of minors from serving the sentence, the essence of this legal institution, the history of development, the experience of foreign countries, as well as the scientific approaches of scientists who have conducted scientific research in this field are analyzed. In addition, on the basis of statistical data, today in the Republic of Uzbekistan, the level of conditional release of minors from serving the sentence by the courts and examples of court sentences are given.

Beurteilung der Lungenfibrose durch extreme und langjährige Einwirkung von Schweißrauchen (Siderofibrose) – Berufskrankheit Nr. 4115

Assessment of pulmonary fibrosis due to extreme and long-term exposure to welding fumes (siderofibrosis) – occupational disease no. 4115. Technical aspects – exposure to welding fumes Pulmonary fibrosis due to welding fumes (siderofibrosis) has occupational disease status in Germany. However, legislation covering the respective occupational disease requires “long-term and extreme exposure” to welding fumes for compensation by the social accident insurance. A recent social court sentence has evoked a discussion on how to further define these criteria. This article is intended to propose a science-based approach to the conditions under which welding fume exposure can be considered „extreme“. For this purpose, the authors discuss occupational exposure limits, circumstances influencing exposure intensity and utilization of welding fume measurement data. Furthermore, the article deals with the way court sentencing will affect suspected cases of siderofibrosis in the future and how the court´s reasoning is compatible with the occupational disease´s scientific report on the one hand and occupational safety regulations on the other hand. In compliance with the sentencing, „welding in confined spaces“ formerly applied as the sole criterion to consider welding conditions „extreme“ is now regarded as obsolete. A definite threshold value used to confirm the existence of „extreme“ conditions can neither be derived from the occupational disease´s scientific report nor from other sources. Given that, the authors propose to focus on welding methods used in specific cases with close regard to a welding procedere´s emission intensity and to occupational hygiene conditions in general when investigating whether conditions were „extreme“ or not. Regarding the mandatory criteria of „long-term exposure“ to welding fumes, only those times should be considered when welding was performed for several hours a day. Short-time exposures however, should not be taken into account. Keywords: welding – fume exposure – occupational disease – siderofibrosis – pulmonary fibrosis

The role of character‐based personal mitigation in sentencing judgments

AbstractPersonal mitigating factors (PMFs) such as good character, remorse and addressing addiction help sentencers evaluate an offender's past, present and future behavior. We analyzed data from the 2011–2014 Crown Court Sentencing Surveys in England and Wales to examine the relationship between these PMFs and custodial sentences passed on assault and burglary offenses, controlling for other sentencing relevant factors. Beyond revealing the distribution and co‐occurrence of the three PMFs, it was found that good character, remorse and addressing addiction all had a significant mitigating effect. The effects of addressing addiction were the strongest of the three across both offense types, while good character had a stronger effect on burglary than assault. In addition, some mitigating factors appear to be underweighted when they occur together. We consider the implications of these findings for sentencing policy and practice.

PUTATIVE PRIVATE DEFENCE IN CRIMINAL LAW Tuta v The State 2023 (2) BCLR 179 (CC)

In a country like South Africa, plagued as it is by violent contact crime, it is not surprising that the defences of private defence and putative private defence are often raised by accused in criminal trials. It is trite that, for a conviction in a criminal court, the prosecution is tasked with proving the accused’s liability beyond reasonable doubt. As an element of a crime, unlawfulness does not simply lie in fulfilment of the definitional elements of a crime. There are instances where, notwithstanding fulfilment of the definitional elements of a crime, the conduct is justified or legally regarded as objectively reasonable. These instances are known as grounds of justification and technically serve to exclude unlawfulness. A ground of justification, if successfully raised, is therefore a complete defence to any criminal charge. There is not a numerus clausus of valid grounds of justification in South African criminal law; the test remains whether the accused’s conduct was objectively reasonable in the particular situation. One such ground of justification is private defence. A person acts in private defence, and therefore lawfully, if they use the minimum force necessary to ward off an unlawful human attack that has commenced, or is imminently threatening, upon their or somebody else’s protected legal interests such as life, physical integrity, property, reputation or dignity. The defensive act in private defence must be: necessary to protect the threatened interest; directed at the attacker; reasonably proportionate to the attack; and perpetrated with the knowledge that it is performed in private defence. Unlike private defence, putative private defence is not a ground of justification that excludes unlawfulness. Putative private defence exists where an accused is under the mistaken belief that they are conducting themselves in private defence whereas there is no such ground of justification in the circumstances. If an accused labours under the genuine but erroneous belief in the existence of a ground of justification, their conduct remains unlawful. The accused lacks the knowledge that they are, in reality, acting unlawfully. While the accused’s conduct remains unlawful, the absence of knowledge of unlawfulness results in a lack of intention, since knowledge of unlawfulness is an integral part of intention. The accused’s mistaken belief that they are acting lawfully in private defence must be honest and genuine but need not be rational or reasonable. If, on the facts, there could be no honest and genuine belief on the accused’s part in the lawfulness of their defensive act, putative private defence cannot exist. &#x0D; It is trite that, for private defence to succeed as a ground of justification, the test is objective in the sense that the attack and the defensive action must meet certain objective requirements. The accused’s subjective belief, whatever it may be, has no impact on the validity of private defence as a ground of justification. The Constitutional Court in Tuta v The State (2023 (2) BCLR 179 (CC)) was recently tasked with making a finding on the correct legal test to be applied to the existence of the defence of putative private defence. In this contribution, the Constitutional Court’s decision is analysed.

On the problems of legal regulation of criminal procedural legal relations functioning at the initial stage of execution and serving of criminal sentences and their impact on criminal executive legal relations

The article analyzes the problems and features of the legal regulation of criminal procedural legal relations arising, changing or terminating at the initial stage of execution and serving of criminal sentences. The paper deals with the legal relations functioning within the boundaries determined by the moment when the court's conviction comes into legal force and the beginning of the actual execution of the criminal punishment (measure) by the authorized institution. In the course of the research, the author comes to the conclusion that for the normal development of criminal procedural legal relations and the timely emergence of general and specific criminal-executive legal ties at the initial stage of execution and serving of criminal sentences, it is necessary: - to solve problematic issues arising at the stage of the entry into force of the court's conviction and its appeal for execution. For example, it is proposed to fix in the Criminal Procedure Code the fact that only the person in respect of whom the conviction of the court has entered into legal force will be a convict, which will contribute to the elimination of problems related to the determination of the legal status of persons in respect of whom the accused the court verdict has not entered into legal force; - to make changes in terms of improving the legal status of convicts before they are sent from the pre-trial detention center to prison. For example, it is necessary to provide an opportunity for a convict to have a meeting not only with shy people, but also with other persons; - to exclude from the criminal procedural and criminal executive legislation duplicating norms that may differ in structure and create problems for the legislator. The conclusions are the result of a long study by the author of the norms of criminal procedural and criminal executive law, the practice of their use, as well as a survey of practitioners (365 prison officers were interviewed) who carry out criminal sentences.

Civil Rights Violations in Court Convictions in the United States as Shown by the Case of The People vs Brock Turner

Civil Rights Violations in Court Convictions in the United States as Shown by the Case of The People vs Brock Turner

LA NATURA PUBBLICISTICA DEGLI ATTI DELLA COVISOC. UNA QUESTIONE CHE RIAPRE LO SCENARIO IN TEMA DI GIUSTIZIA SPORTIVA?

The article analyses the sentence of the Administrative Court in Rome n. 3693/2023 which accepted a claim to show a document created by the Italian Football Association, which the access had essentially been denied by Commission for financial control and supervision of the Association. The paper focuses on the nature of the sport bodies and on the nature of the acts of the Commission for financial control, which are established by the law n. 91/1981. The article also highlights the applicability of the preliminary issue ruled by art. 3 of law n. 280/2003 and investigate on the rights to access to documents gave by the law n. 241/1990. The author shows the genesis and metamorphosis of these three institutions in order to highlight some shortcomings of the sport courts, and to highlight the risks of new interferences by the State if something will be not changed by the sport system.