Court Hearings Research Articles

Identifying the essential competencies for court professionals to promote youth engagement in permanency planning in court hearings

ABSTRACT Many youth age out of foster care without achieving permanency. This article describes a process undertaken to determine priorities for creating curricular content to train court personnel on how to authentically engage youth in permanency planning. Utilizing the Delphi method with adults with foster care lived expertise, a list of competencies was prioritized for inclusion through a comprehensive literature review and a series of individual interviews conducted with a broad range of stakeholders (youth with lived experience, state and tribal direct service workers, supervisors, administrators, judges, and child attorneys). Highly rated competencies were included in the subsequent training developed after completion of the Delphi process.

Legal consequences of the statement of provocation by the defense party: scientific and practical aspects

The article examines the legal consequences of the defense’s declaration of provocation of a crime. Based on the analysis of the practice of the European Court of Human Rights and the Supreme Court, the opinion was formulated that the declaration of the commission of a crime as a result of provocation by the defense gives rise to the corresponding obligations for the defense and the prosecution, as well as the court. It was analyzed that as a result of the influence of the precedent practice of the European Court of Human Rights, the practice of the Supreme Court began to form regarding the position of the defense on provocation of a crime, according to which the contradiction of the position of the defense, i.e. when the applicant denies the fact that he committed a crime and at the same time declares that he was provoked to commit it, is the basis for the court’s refusal to verify such an application, citing the relevant reasons in the decision. Based on the study of the principle of adversariality of the parties in criminal proceedings, the thesis that it is the defense party that is obliged to prove the presence of provocation, to indicate which facts and circumstances confirm this with reference to specific evidence examined at the court hearing, is substantiated. In turn, the prosecutor, supporting public accusations, except for the circumstances specified in Art. 91 of the Criminal Code of Ukraine, guided by the standard of proof «beyond a reasonable doubt», is obliged to prove the absence of provocation of the crime. Failure to prove «beyond a reasonable doubt» the absence of provocation is equivalent to proving its presence and causes legal consequences in the form of an acquittal by the court. It has been proven that when one of the arguments of the defense side was the presence of provocation of a crime, the court is obliged to properly evaluate both the arguments of the defense side and the arguments of the prosecution regarding the presence or absence of such provocation. According to the results of the analysis of the decisions of the Supreme Court in which the lower courts did not evaluate the arguments of the defense about provocation, or formally evaluated them formally, it was concluded that this is a significant violation of the requirements of the Criminal Procedure Code, which prevented or could have prevented the court from adopting a legal and justified court decision.

Cheating the evidence to get to best interest and the presumption of unfitness

AbstractThis article explores our national reactive child protection model which has focused on removing poor people from poor families and has resulted in conflating poverty with neglect. Significant issues of class and race are implicated given dramatic systemic racial and ethnic disparities and questions must be asked whether current practices have done more harm than good. In reviewing this landscape this article is descriptive and prescriptive and calls for adopting proactive public health‐oriented policies which support children and families in their homes and a culture of due process and fairness in juvenile and family court hearings involving children and their families. Dependency or abuse and neglect cases involve state intervention. These are not disputes between private parties where the sole focus is the best interest of the child regarding which guardian to be placed with. Cheating the Evidence warns against diluting the constitutional requirement of proving the lack of parental unfitness by clear and convincing evidence by making comparative judgments about placement which are based on often subjective assessments on best interests of the child which are resource based. Given that high percentage of cases involving allegations of neglect versus inflicted abuse these concerns are of paramount importance. There is a need for more rigor in fact‐finding and adherence to constitutionally required burdens of proof. Due process and fairness are best‐served by supporting client‐directed advocacy and greater transparency, including presumptively opening up the doors to closed juvenile and family court hearings as recommended by the National Council of Juvenile and Family Court Judges in 2005. Opening the doors is not a binary or either or proposition‐ we can preclude dissemination of records of youth, and protect confidentiality as a growing number of states have done. Transparency includes more than raising the level of practice of lawyers and judges‐ it includes encouraging systemic accountability from child serving agencies and educating the public about the complexities which are related to the birth or cradle to prison pipeline.

Верховний суд як суд першої інстанції щодо справ державної вагомості для України

The article examines the consideration by the Supreme Court as a court of first instance for the certain categories of cases defined by the Codex of Administrative Justice of Ukraine (disputes regarding the results of elections and referenda, inaction of the Cabinet of Ministers of Ukraine regarding the implementation of the results of the All-Ukrainian referendum; acts, decisions, actions or inactions of the President of Ukraine, the Verkhovna Rada of Ukraine, the High Council of Justice, High Qualification Commission of Judges of Ukraine, the subjects of the appointment of judges of the Constitutional Court of Ukraine in the course of competitive selection, removal of a People’s Deputy of Ukraine from office), as well as in extrajudicial constitutional processes (removal of the President of Ukraine from office due to health or impeachment). The admissibility of such a court hearing by the Supreme Court was established in order to ensure the fastest professional just decision, considering the special significance of solving such cases for the state. The main point of the analysis is that the Supreme Court, which administers justice on the basis of the rule of law, is obliged to protect the status of the Ukrainian nation as the only source of power in Ukraine. Therefore, it has to protect the results of his expression of will in the implementation of a direct form of the democracy (the results of elections and referenda), as well as related to the representative mandate. Considering the issue of appeal of the acts, actions or inaction of some authorities, it is established that it concerns the bodies with the most responsible position in Ukraine, and therefore the resolution of such disputes is urgent for the functioning of the state. The role of the Supreme Court in extrajudicial constitutional processes in establishing the legal facts is important, but is not final in the results of such a process, because the Verkhovna Rada of Ukraine is responsible for this.

Поправки в ГПК РФ о протоколе судебного заседания: анализ изменений

The article presents an overview and analysis of the amendments to the civil procedure legislation concerning the court hearing protocol, introduced by Federal Law No. 135-FZ of June 12, 2024. The author notes that the introduced changes aim to further improve and unify procedural legislation by mandating audio recording of court sessions. The article highlights the advantages, potential problems, and risks associated with abandoning traditional forms of court hearing protocols. The discussed procedural reform should be viewed positively in the context of the overall trend towards the digitalization of justice. However, its success will depend on the estab-lishment of adequate organizational foundations for the use of technical tools in maintaining court session pro-tocols and the development of an effective legal framework to regulate their application.

Judgment of the Court of Justice of the European Union of 30 April 2024 in the “EncroChat case” (case No. C-670/22): does this judgment really legitimise Forum Shopping in criminal proceedings, and how will it impact Lithuanian criminal proceedings?

The article analyses the judgment of the Court of Justice of the European Union of 30 April 2024 in case No. C-670/22 (EncroChat) and its implications for Lithuanian criminal proceedings. According to this judgment, only a senior prosecutor can issue a European Investigation Order to obtain evidence already in the possession of the competent authorities of the executing state during a pre-trial investigation in Lithuania, and only the court hearing the criminal case can issue a European Investigation Order when the criminal case is in the hands of a court. The Code of Criminal Procedure of the Republic of Lithuania does not provide a legal basis for the prosecuting authorities to secretly intercept the content of all communications of the users of mobile telephones, which are fully encrypted by means of a special software and a modified device, and it is therefore questionable whether (i.) the transfer of the data obtained in this way to Lithuania as an extraditing state meets the substantive legal conditions arising from Article 162 of the CPC, which, according to the Code of Criminal Procedure of the Republic of Lithuania, defines the legitimacy of the use of the information obtained in another criminal proceeding, and whether (ii.) the data obtained by the receiving state by means of such a measure can be used in the criminal proceedings of Lithuania as an issuing state as evidence in an incriminating sense. If the executing State does not disclose the nature and essential technical characteristics of the means used to intercept the full content of the users’ communications by means of mobile telephones, which, by means of special software and a modified device, provide a fully encrypted connection, the defendants in general are deprived of an effective opportunity to know and present their position on these incriminating facts; therefore, such evidence is inadmissible in Lithuania’s criminal proceedings as an extraditing state.

Do Trials as Part of Transitional Justice Challenge the Stigma Related to Being Targeted by Serious Human Rights Violations?

Abstract There is often stigma attached to being the victim of state violence, as being targeted by state violence is often seen as proof that a person is guilty. This article discusses whether trials as part of transitional justice can challenge such stigma. Trials can provide a legal truth, through identifying what has happened, who the perpetrators are, and who the victim is. Trials and court hearings are an expression of what societies accept, and when a perpetrator is sentenced it is an expression of solidarity with the victim. The article compares how persons targeted by state violence by former regimes in Argentina and Peru describe and perceive of such stigma, how stigma has changed over time and with contemporary trials. There are important differences between the countries regarding the violent history, the groups targeted by state violence, and the ongoing trials, also regarding the outcome of the trials.

Re St Peter and St Paul, Pettistree

Pursuant to a 2013 faculty, the interior of this mediaeval church was painted in 2014. Instead of the specified limewash paint, the architect selected an alternative paint, which proved to be inappropriate: it was impermeable, damaging the wall fabric and causing the paint to flake off. Following a consistory court hearing in 2017 (reported at [2017] ECC SEI 6), the PCC was ordered to remove the paint, and repaint using the originally specified limewash, the cost to be borne by the architect.

Criminal Procedural Function of the Prosecutor when Terminating a Criminal Case with the Imposition of a Court Fine

In the article is analyzed the role of the prosecutor in terminating a criminal case with the imposition of a criminal law measure in the form of a court fine. Attention is drawn to the fact that the traditional understanding of procedural functions can be changed in relation to this participant in criminal proceedings when it comes to releasing a person from criminal liability. The reason is the processes of functional convergence, which contribute to the unification of the supervisory function and the function of criminal prosecution when deciding to terminate a criminal case with the imposition of a court fine. The participation of the prosecutor is mandatory in the court hearing when a criminal case is terminated on this basis; the prosecutor also approves the request of the investigator, due to the fact that today only the court can impose a court fine, but the criteria by which the decision is made cannot be objectively established in criminal law, therefore the prosecutor acts as an additional guarantee of the protection of the rights of participants in criminal proceedings and the legality of the court decision.

Legal regime of personal data of persons participating in civil proceedings

Relevance. Unlike personal data of a person, personal data of participants in civil proceedings are posted without exception in the texts of decisions on the websites of courts, voiced in video broadcasts, and published in the public domain by search aggregator sites. The article analyzes the concept and content of the legal regime of personal data of persons participating in civil proceedings in relation to the problem of their protection. The legislation on personal data and on ensuring access to information on the activities of courts in the Russian Federation are being studied, establishing the legal regime of personal data of persons participating in civil proceedings in relation to the problem of their protection.The purpose of the study is to deepen scientific knowledge about the essence of the legal regime of personal data of participants in civil proceedings, to develop theoretical concepts and legislative proposals to increase the effectiveness of their protection.Objectives: analyze the legislation governing the legal regime of personal data of persons participating in civil proceedings, identify legal means to ensure their protection, and identify legislative gaps that impede their proper protection.Methodology. The research methodology is represented by general scientific (dialectical, analysis and synthesis of deduction, induction) and private scientific methods (formal-legal, formal-logical, system-analytical).The results found expression in the formulated concept of the legal regime of personal data of participants in civil proceedings, identifying its correlation with the legal regime of personal data of individuals, as well as in proposals for improving the current norms of the Code of Civil Procedure of the Russian Federation, establishing the rules for conducting video broadcasts of court hearings, to protect personal data of the considered category of citizens.Conclusion. The legal regime of personal data of participants in civil proceedings is a procedure for regulating public relations, expressed in a set of legal means aimed at ensuring, in the interests of the whole society, the availability of information about judicial activities, and the protection of personal data of persons participating in civil proceedings. The legal regime of personal data of participants in civil proceedings correlates with the legal regime of personal data of individuals as private and general, and therefore is special in type.

ALTERNATIF PENYELESAIAN SENGKETA SEBAGAI PERLINDUNGAN HAK ANAK PASCA PERCERAIAN

ADR is an out-of-court dispute resolution option pursued by parties to reach a mutually beneficial agreement. It involves negotiation, mediation, coordination and expert judgment. Document No. 0026/Pst.G/PA.Kdr contains cumulative claims that need to be analyzed. This research focuses on the divorce case in the document, identifying the factors behind the post-divorce demands, analyzing the ADR process the plaintiff underwent, and assessing alternative dispute resolution from a women's fiqh perspective. A descriptive qualitative method was used to understand the role of maintenance in the context of these cases, particularly in terms of personal fiqh. The results showed an example of a cumulative lawsuit in Case 0026/Pdt.G/2020/PA.Kdr at the Kediri City Religious Court. The plaintiff filed claims for divorce, child custody and maintenance against the defendant, who is a police officer. These claims were combined because the couple had abandoned the plaintiff and the children for more than two years. The plaintiff chose ADR because she was concerned that the husband would not attend the court hearing. The plaintiff wanted to ensure the children's rights were properly taken care of after the divorce, in line with the principles of women's jurisprudence which views the responsibility of providing for the family as a shared obligation.

Resilience of the judicial system in the post-Covid period: The constitutionality of virtual court hearings in the light of the COVID-19 pandemic

Resilience of the judicial system in the post-Covid period: The constitutionality of virtual court hearings in the light of the COVID-19 pandemic

Features of pre-trial investigation of smuggling of narcotic substances, psychotropic substances, their analogues or precursors, or counterfeit medicinal products

The article explores the peculiarities of pre-trial investigation of smuggling of narcotic substances, psychotropic substances, their analogues or precursors, or counterfeit medicinal products,. It emphasizes that the illegal circulation of narcotic substances at regional, national, and international levels is reaching alarming proportions that are constantly growing. As a result, there has been an increase in the number of criminal proceedings investigated within this category of criminal offenses. This has posed new challenges for researchers and practitioners, who are involved in improving existing and developing new research methods. It is noted that pre-trial investigation is one of the most important stages of criminal proceedings, preceding the court hearing and commencing from the moment information about the criminal offense is entered into the Unified Register of Pre-trial Investigations (hereinafter referred to as the URPI). The initiation of pre-trial investigation within their competence is the responsibility of the investigator or prosecutor. One of the peculiarities of detecting the smuggling of narcotic substances is that information about the commission of this crime is obtained in most cases through independent detection by the investigator, prosecutor, or other authorized official from any source of circumstances that may indicate its commission. It has been established that in most cases, the detection of the smuggling of narcotic substances fully relies on the law enforcement officers during the performance of their professional duties, usually on the officials of the revenue and customs authorities during the implementation of customs control. In the event of direct detection of signs of a crime provided for in Article 305 of the Criminal Code of Ukraine, a report is drawn up by a law enforcement officer, or if by another person, a statement is written, specifying the data that constitute the content of the Unified Register of Pre-trial Investigations. The investigator and prosecutor are obliged to enter the relevant information into the URPI and initiate an investigation urgently, but No. later than 24 hours after the detection of circumstances from any source that may indicate the commission of smuggling of narcotic substances. It is stated that in urgent cases, the examination of the scene of the crime can be conducted before entering the information into the URPI. The detection of smuggling of narcotic substances should be considered an urgent case, therefore the examination of the scene of the crime can be conducted before entering the information into the URPI, and the information must be entered immediately after the completion of the examination. A protocol is drawn up on the conduct of the examination of the scene of the crime in accordance with the requirements of Article 104 of the Criminal Procedure Code of Ukraine. The importance of conducting a search of a person after the examination of the scene of the crime is emphasized. In addition to the examination of the scene of the crime and the search of a person, the following investigative (search) actions are considered priority in the investigation of smuggling of narcotic substances: examination of material evidence, appointment of expertise, interrogation, seizure of property. The peculiarities of conducting the aforementioned investigative (search) actions in the investigation of smuggling of narcotic substances are disclosed. An algorithm of actions during the investigation of this type of crime is proposed.

Physical and virtual spaces across a continuum of remoteness: Exploring spatial ruptures in remote court hearings

AbstractThe rapid increase in the use of remote platforms in court hearings has fundamentally changed the nature of hearings and produced a productive point of reflection for digital and legal geographies. This paper uses geographical theorisations of space to make sense of digital developments in court space. It proposes that the introduction of remote platforms generates three spatial ruptures in court hearings: the space of remote hearings is dispersed across multiple sites, stretched into non‐traditional justice spaces, and sometimes snapped back into the physical hearing centre. Analysing these spatial ruptures through ethnographic research conducted in immigration bail hearings in the UK offers insights into the relationship between physical and virtual hearing spaces. Specifically, it reveals three things about this relationship: that physical and virtual hearing spaces are relational; that remoteness does not annihilate hearing space; and that remoteness can be best understood as existing on a continuum. In doing so, this paper seeks to bring legal geography's well‐developed understanding of court space into conversation with recent digital developments in courts.

IMPLEMENTATION OF THE RULE OF LAW PRINCIPLE IN THE PRACTICE OF UKRAINE: CONCEPT, STRATIFICATION AND ECONOMIC JUSTIFICATION

The subject of the study is the segmental manifestation of the rule of law principle and its elements in the activities of justice authorities, courts and public associations, taking into account the economic basis of its influence. The purpose of the study is to examine the forms of manifestation of the rule of law principle and its individual elements in the activities of justice and court authorities, to clarify the role of the public in its practical application, and to identify opportunities for its economic support. Methodology. The study used general scientific and special methods of scientific knowledge: the method of system analysis, the dialectical method, the formal logical method, the structural and functional method, as well as a number of empirical methods. In particular, the method of comparison was used to determine the transformation of penitentiary bodies and their transformation into penitentiary justice bodies. The results of the study demonstrated the need for: qualitative consideration of the aspect of ensuring the correction of a convicted person after serving his or her sentence; involvement of representatives of civil society institutions in the resocialisation processes; and identification of potential ways to implement effective reforms that can increase the efficiency and fairness of the judiciary. Conclusion. The article reveals the relationship between the transformation of the penal system into the penitentiary system and the implementation of the rule of law in this area and its comprehensive enforcement. It is noted that the criminal executive system takes into account the aspect of ensuring the serving of sentences, and in the penitentiary system, which operates under the rule of law, the authors additionally identifies such a qualitative component as ensuring the correction of a convicted person after serving his/her sentence and his/her resocialisation. It was found that the economic rationale for the transformation of the judiciary based on the rule of law consists in reducing the costs of: court functioning due to the possibility of digitalization of the preparatory stages before the court hearing and the holding of court hearings in videoconference mode; reducing costs for the court apparatus through optimization of its functions; reducing the number of court cases due to active mediation and other possible options for resolving disputes peacefully, etc. It is noted that justice in judicial proceedings means not only formal compliance with the law, but also the exercise of rights and freedoms of individuals with due regard for equality, objectivity and impartiality. The authors prove that non-governmental organisations are an important institution capable of promoting the principle of justice as an integral element of the rule of law, since they ensure the right to apply to court and the right to protection of members and third parties. The role of the public in shaping the economic basis for reforms and the proper functioning of state bodies was also highlighted. It is noted that national legislation needs to be amended in terms of granting NGOs the right to apply to court in the interests of third parties, in particular, in cases where a person is unable to protect his or her rights for valid reasons. The study analyses the fundamental provisions on economic support for the implementation of the rule of law in various spheres of public relations.

War on Palestine: How the fates of Gaza and Julian Assange are sealed together

Commentary: Were they being properly reported, two critically important court hearings in February 2024, in London and The Hague, would expose the US ‘rules-based order’ as a hollow sham. Both posed globe-spanning threats to our most basic freedoms. Neither received more than perfunctory coverage in Western establishment media such as the BBC. One was a week-long hearing by the International Court of Justice (ICJ) over a United Nations General Assembly request for an advisory opinion over Israel’s illegal occupation of the Palestinian territories and the other was a last-ditch appeal of WikiLeaks founder Julian Assange against efforts by the United States to extradite him so that he can be locked away for the rest of his life. EDITORIAL NOTE: After the editorial of Pacific Journalism Review and the lead article in this edition (Vol 30, No 1&2) about the fate of WikiLeaks founder Julian Assange were printed, the Australian journalist was set free and he arrived back in Australia after a plea bargain. The winner of his country’s Walkley Award for journalism excellence, Assange was freed by a US federal court in Saipan, Northern Mariana Islands, on 26 June 2024 after a plea bargain to plead guilty to one charge of violating the US Espionage Act and the judge sentenced him to 62 months, jail time already served in the UK on remand. His 14-year struggle for freedom was over, but his lawyers say they will press for a full US presidential pardon.

War on Palestine: How the fates of Gaza and Julian Assange are sealed together

Commentary: Were they being properly reported, two critically important court hearings in February 2024, in London and The Hague, would expose the US ‘rules-based order’ as a hollow sham. Both posed globe-spanning threats to our most basic freedoms. Neither received more than perfunctory coverage in Western establishment media such as the BBC. One was a week-long hearing by the International Court of Justice (ICJ) over a United Nations General Assembly request for an advisory opinion over Israel’s illegal occupation of the Palestinian territories and the other was a last-ditch appeal of WikiLeaks founder Julian Assange against efforts by the United States to extradite him so that he can be locked away for the rest of his life. EDITORIAL NOTE: After the editorial of Pacific Journalism Review and the lead article in this edition (Vol 30, No 1&2) about the fate of WikiLeaks founder Julian Assange were printed, the Australian journalist was set free and he arrived back in Australia after a plea bargain. The winner of his country’s Walkley Award for journalism excellence, Assange was freed by a US federal court in Saipan, Northern Mariana Islands, on 26 June 2024 after a plea bargain to plead guilty to one charge of violating the US Espionage Act and the judge sentenced him to 62 months, jail time already served in the UK on remand. His 14-year struggle for freedom was over, but his lawyers say they will press for a full US presidential pardon.

Meninjau Alasan Penyebab Cerai di Kabupaten Magelang

Divorce is something that is undesirable for every husband and wife. However, as time goes by, every family will experience great disagreements or conditions that make the decision to divorce a last resort. Divorce can only be done in front of a court hearing. The Religious Court is the judicial institution that has the authority to decide on these cases. As with marriage, divorce must also be based on strong reasons underlying the lawsuit. Through this research, the author and researcher hopes that the research results can be used as a reference or learning material regarding the reasons why someone sues their partner for divorce. This research was prepared using normative juridical methods which were presented descriptively and supported by literature study. This research was also prepared to explore the causes of divorce that occurred in Magelang Regency in 2023, whether divorce divorce or divorce lawsuits filed by husband and wife to the Mungkid Class IA Religious Court as an authorized court and in accordance with its absolute and relative competence.

Virtual Court Proceedings in Nigeria: Some Legal Matters Arising

The outbreak of COVID-19 brought about the hitherto uncommon practice of e-filing as well as the practice of virtual court proceedings in the Nigerian Judiciary in a bid to dispense with extremely urgent, essential, or time-bound matters. The Lagos State High Court had its first virtual or remote court hearing on May 4, 2020, where a driver, Olalekan Hameed, was tried, convicted, and sentenced for the murder of 76-year-old Mrs Jolasun Okunsanya virtually. In the wake of these developments, there have been legal debates on the constitutionality or otherwise of virtual hearings. This Article examines the debates on the constitutionality or otherwise of the Nigerian courts’ adoption of virtual court proceedings. The paper concludes that though utilizing the development brought by ICT, the internet, and associated technologies, virtual court proceedings, and e-filing are practicable and desirable, a lot needs to be done in terms of building the capacity of the Judiciary, amending the rules of court, the RPC, reviewing the curriculum of Nigerian Law School and in mandatory training of lawyers on the use of ICT in legal practice.

Multiple jury verdicts in the one case: approaches to solving the problem in legislation and judicial practice

The article, based on a study of judicial practice and comparative legal analysis of the legislation of the Russian Federation and a number of foreign countries, examines the problem of “multiplicity” of jury verdicts, i.e. the presence of two or more jury verdicts in one criminal case that meet the criteria of certainty and consistency and are subjects to proclamation. The author notes that the phenomenon of multiple jury verdicts is determined by the procedural error of the presiding judge, who recognizes that a certain and consistent jury verdict can not be pronounced. The article considers this phenomenon as a negative fact that contradicts the essential features of a jury trial. The author believes that solving the problem of multiple jury verdicts is possible, on the one hand, by clarifying and legalizing the grounds for recognizing the verdict as unclear or contradictory. On the other hand, there is a need for a significant modification of the procedural form of checking the jury’s verdict by the presiding judge for its clarity and consistency and giving him explanations to the jury in this regard. The author makes proposals for legislative reinforcement of the discussion between the presiding judge and the parties about the defects of the jury’s unannounced verdict, which should take place in the absence of the jury in a closed court hearing.