Trial Court Research Articles

Reflection and Reconstruction: On the Legal Supervision Mechanism of Substantive Trial of Commutation and Parole Cases

The “trinity” linear trial mode of commutation and parole is faced with structural dilemma. The legal supervision of the procuratorial organ in the execution procedure is formalized, and the procuratorial role is marginalized. The proposal of substantive trial of commutation and parole cases puts forward new requirements for procuratorial functions. As the basic path of the “third instance” reform of “examination and approval”, “examination” and “trial”, it is necessary to switch from the “trinity” linear trial mode to the “quasi confrontation mode”. Correcting the cognitive deviation of the legal supervision responsibility of the procuratorial organ in the past, building a procuratorial authority system led by public prosecution, strengthening the public prosecution function of the procuratorial organ, realizing the transformation of “court trial” legitimacy supervision to “pre-trial + court trial” legitimacy supervision in the whole process, and standardizing the objection processing mechanism will help to effectively promote the substantive trial.

Provisions Relating To Bail Under The Code Of Criminal Procedure In Bangladesh

The term “bail” was originally taken from the French word “bailer,” which means to provide or deliver. So, bail denotes to release of an accused person from police custody or imprisonment for a while in the hand of a surety and the responsibility of presenting the accused person before the Court whenever necessary has been assigned to the surety. Bail also gives a message to the bailed person that though he is not in judicial custody, he is under the Court’s observation and has to remain sincere to the court proceeding till the judgement of the case is declared. Considering the facts and circumstances, the trial court or appellate Court decides on granting, cancelling or restoring bail. However, keeping in mind the very fundamental right of life and personal liberty ensured by the constitution of Bangladesh, our other statutory laws have made bail provisions to achieve two purposes. First, to secure the accused’s presence before investigation agencies as well as the Court of law and second, to preserve his fundamental right to life and liberty. Thus bail keeps a balance between the two.

Actually, You Don't Have to Show Your Work: the Arkansas Court of Appeals Tells Trial Courts that when They Award Attorneys' Fees in Domestic Relations Cases, They Need not Explain the Basis for the Awards or the Basis for the Amount of the Awards

Actually, You Don't Have to Show Your Work: the Arkansas Court of Appeals Tells Trial Courts that when They Award Attorneys' Fees in Domestic Relations Cases, They Need not Explain the Basis for the Awards or the Basis for the Amount of the Awards

DVA VAŽNA IZVORA O PROUČAVANjU ŽIVOTA I DELA MILIVOJA TRBIĆA (1913–1947)

History as an occurrence in the past can be researched if we have the appropriate historical sources available.Archives facilitate the work of historians by organizing and processing archival material. The historical research, almost without exception, begins with consulting and studying archival materials.In the State Archives of the Republic of North Macedonia in Skopje, there are two files relating to Milivoj Trbich, a member of the Ravna Gora Movement.The first file is the Trbich’s dossier, which was compiled by the State Security Service of the Socialist Republic of Macedonia. The dossier was a result of the successfully completed operation of the Administration of State Security to find and arrest Trbich on January 16, 1947. The dossier consists of 56 documents, 11 photographs and two materials with propaganda content of the Ravna Gora Movement in Macedonia. Most of the documents were prepared by the Administration of State Security of the People’s Republic of Macedonia.The second file is the dossier that was created as a result of the conducted court trial against Trbich and against five other persons from June 11 to June 13, 1947. The court trial was held in the District Court in Skopje. This dossier contains 119 documents. The majority of the documents have a judicial content.The two dossiers represent two important sources for the study of the life and work of Trbich.

A posztháborús állapot reprezentációja Szeleczky Zita sajtómegjelenéseiben, népbírósági perében és magánlevelezéseiben

From 1936 to 1944, the Hungarian star world created a unique tabloid environment in both the print press and film production. Zita Szeleczky (1905–1999), one of the most popular Hungarian actresses of the 1930s and 1940s, was on the one hand called the little sister of the nation, and on the other hand, politically stigmatised on several occasions for her clumsy career planning and self-expression. The latter was due to the fact that, from the first years of the Second World War onwards, the actress made a number of objectionable decisions out of naivety, vanity or resentment. Her death was reported in the printed press and she was condemned as a war criminal in absentia. In the present study, we have not sought to comment on any of this, but have merely supplemented the factual information available in the press and in the People’s Court documents with relevant details from the private correspondence of 1946 and 1947, which illustrate the experiences and opinions of the actress and her colleagues. Zita Szeleczky’s career and fate were shattered, and she had to start her life anew during the post-war years. As a result of our research, it can be concluded that the main details of the actress’s character assassination were drawn from the antecedents of Zita Szeleczky’s People’s Court trial, from the articles examined in chronological order in 1945 and from the trial material. In addition, the post-war condition is reflected in several examples of Zita Szeleczky’s private correspondence from the period under study. Following her character assassination, her break with fate – the trauma she had suffered – she must have continued to fear that Italy would extradite her to Hungary and would have to execute her sentence. She also tried, partly with her colleagues and partly on her own, to launch her international career, which was not initially very successful, mainly due to post-war tensions in 1946 and 1947.

Is Justice by Zoom Justice Denied?: Judicial Stakeholder and Legal Advocate Experiences of Video-Mediated Trial Courts in Washtenaw County

Is Justice by Zoom Justice Denied?: Judicial Stakeholder and Legal Advocate Experiences of Video-Mediated Trial Courts in Washtenaw County

Evidentiary powers of the trial court regarding public-law disputes in the Russian Federation

The paper presents the analysis of the content of the evidentiary powers of the trial court regarding public-law disputes in administrative proceedings of the Russian Federation to improve the model of their exercise by the general courts for correct and timely consideration and resolution of public-law disputes between citizens, organizations against unlawful acts of public bodies. It considers the key directions of improvement of the mechanism of evidentiary activity of courts on public-law disputes regarding the recognition of evidence inadmissible, procedure for allegations on falsification of evidence to ensure effective protection of the weaker party on public-law disputes, to create a good-faith attitude among the participants of public-law relations, and to prevent new public-law disputes. Taking into account the analysis of the content of the evidentiary powers of the trial court in public-law disputes, the paper concludes on the criteria for classifying the evidentiary powers of the trial court in public-law disputes under the Code of Administrative Procedure of the Russian Federation, active role of the trial court in their implementation at various stages of administrative proceedings, main directions for improving the mechanism for exercising the evidentiary powers of the trial court in verifying the allegations on falsification of evidence submitted by the parties and taking measures to declare the evidence inadmissible.

Public Hearings

An array of Tunisian lifeworlds in 2016.
 For the Egyptian counterpart, see Court Trials.

Court Trials

An array of Egyptian lifeworlds in 2016.

„Dziedzictwo prawne. Spotkania naukowe”. Sprawozdanie z posiedzeń naukowych w roku akademickim 2020/2021

“Legal Heritage: Scholarly Meetings.” Report on Scholarly Meetings in the Academic Year 2020/2021 In the academic year 2020/2021 the Jagiellonian University Faculty of Law and Administration initiated a series of scholarly meetings devoted to legal heritage. Nine meetings were held, during which eight papers were presented. They were prepared by the following researchers: Dr. Jakob Maziarz (Department of the History of Polish Law of the Faculty of Law and Administration of the Jagiellonian University) on “The freedom of scientific research, the freedom to use cultural goods and access to archival materials”; Dr. Bohdan Widła (Department of Intellectual Property Law of the Faculty of Law and Administration of the Jagiellonian University) on “Protection of scientific or critical editions and first editions”; Dr. Jan Halberda (Department of the General History of the State and Law of the Faculty of Law and Administration of the Jagiellonian University) on “Estoppel in Anglo-American private law. The Rise of High Trees (1947) as the ‘Precedent’.”; Dr. Mateusz Mataniak (Laboratory of Source Publishing of the Faculty of Law and Administration of the Jagiellonian University) on “Archival materials for history of the Government of Galicia (1854–1914) from the resource of Central State Historical Archives of Ukraine in Lviv. Contribution to research on Polish legal heritage.” Jan Bazyli Klakla (PhD student at the Department of Sociology of Law of the Faculty of Law and Administration and the Institute of Sociology of the Faculty of Philosophy of the Jagiellonian University) on “Is customary law like an onion? A multi-layered approach to customary law and its status in the modern world”; Dr. Hab. Katarzyna Krzysztofek-Strzała (Department of History of Administration and Religious Law, Laboratory of Religious Law and Law on Religious Denominations of the Faculty of Law and Administration of the Jagiellonian University) on “Between the letter of the law and the law in action. Office for Religious Affairs practice towards churches and religious associations”; Dr. Anna Ceglarska (Department of the History of Political and Legal Doctrines of the Faculty of Law and Administration of the Jagiellonian University) on “The concept of the ‘rule of law’ in presocratic Greece”; Prof. Piotr Górecki (University of California, Riverside Department of History) on “The course of events in Polish and German law court trials in medieval Poland. A comparative sketch”.

Dyferentsiatsiia provadzhennia v sudi pershoi instantsii za Statutom kryminalnoho sudochynstva 1864 roku

The provisions of Statute of criminal procedure devoted to the differentiation of criminal proceedings in the court of first instance are analyzed in the article. The author accentuates that the current criminal procedure legislation of Ukraine has inherited a lot of progressive ideas implemented by Statute of criminal procedure; in particular, it contains a number of differentiated procedures for criminal proceedings in the court of first instance. In fact, Statute of criminal procedure provided for three types of criminal proceedings: ordinary, simplified and complicated, as well as some peculiarities in certain categories of proceedings. Simplified procedure was provided for the consideration of cases of minor criminal offenses — in proceedings before a magistrate (there were signs of private prosecution) and proceedings in absentia in the court of first instance. In addition, such a procedure included an abbreviated judicial investigation, which is carried out in the general order of the trial (summary trial). A complicated procedure took place in the trial court with the participation of jurors, which separated the powers of the jury to pass a verdict and the judge — to pass sentence. The criteria for distinguishing between proceedings according to the degree of complexity of procedural forms were: the nature and severity of the criminal offense, the ratio of private and public interests, as well as the category of cases that could be considered by a jury. The Statute of criminal procedure also contained exceptions to the general procedure of criminal proceedings, which provided for peculiarities in certain categories of proceedings (in cases involving the clergy, the military, state crimes, official crimes, etc.). The criteria for distinguishing such features were: the status of the accused (clergy, military), as well as the category of cases (for crimes against religion and others related to violation of church rules, for state crimes, for official crimes, for crimes in administrative management sphere).

Onus and Quantum of Proof for Breaching the Standard of Procedure during the Movement Control Order

The objective of this research paper is to highlight on the issues relating to the onus and quantum of proof for breaching the standard of procedure (SOP) during the movement control order (MCO) due to Pandemic Covid 19 in Malaysia. In tackling the issues, the research methodology applied by the author is by analysing and evaluating some decided cases, studying the substantive laws, regulations, and procedure in enforcing movement control order. The contemporary legal issues in this article are on whom the onus (burden) of proof lies and what is the quantum (standard) of proof required for the offence of breaching social distancing during the movement control order, be it conditional, restricted or recovery. The standard of procedure always changing based on the types of movement control order made by the Federal Government. In the New Straits Times dated 4 April 2021, it was reported that 17 publics were compounded for not practicing social distancing. Many questions raise as what is the real meaning of social distancing? In which type of offence, the social distancing offence lies on? What are the elements that will constitute the offence? As to the remedies, the author has submitted the nature of the offence for breaching the SOP during MCO. The expectation result of this paper is to give a clear picture as to the matter of standard of proof and burden of proof that to be considered by the trial court in deciding the issue of breaching SOP. The significance of this paper is to point out some contemporary identical legal issues relating to SOP during MCO. The issues will be highlighted in this article.

Teatralność procesu sądowego: kilka uwag o profesjonalizmie

The aim of the paper is to answer the question: what image of a professional role does the vision of a court trial as a theatre contain? In carrying out such a task, first of all, I will present the reasons that justify comparing the theatrical practice to a court hearing. When carrying out this procedure, I will pay attention to the concept of role, the ritualization of activities, the architecture of space, and functions of the role performers’ clothing. From these findings, a dramatical vision of a court trial emerges, modelled on a theatrical performance. It assumes that the performing of a role by the actor and the judge or the lawyer is largely defined by factors external to the interpreter. Such an approach to the exercise of the profession can be related to the dramatic vision of the role in Erving Goffman’s theatrical metaphor. In this perspective, it is assumed that exercising a role is a performance that can lead to two images of the professional ethos. They are characterized by an attitude of identification with the role and an instrumental distance to the profession. I intend to question both of these views. By carrying out this task, I will show that presenting a court trial as a theater does not have to assume the image of a judge, a lawyer whose task is to develop the ability to adapt to the rules of the profession and faithfully reproduce them in the cases under consideration. In presenting this position, I use the findings of theatrologist Jerzy Grotowski and the anthropological research of Victor Turner, focusing on the idea of liminality.

Statistical Analysis on Dowry Cases in India

It has been seen from the last decade that the misuse of un-exempted provisions of dowry law been increasing and in result the other party is facing the world with great loss. A long delayed case of dowry has been pending in district courts just due to clashes of hard provisions of law and lack of evidences. Even just after the complaint a woman can claim and complaint of other additional things as a right of wife like maintenance which leads to makeable financial burden on man irrespective of his financial and social position. Women use the weapons called Section 498A and Dowry Act to file a false complaint so as to attack their husband. Section 498A of Indian Penal Code is a provision under which a husband, his parents, and relatives can be booked for subjecting a woman to cruelty to meet their unlawful demands (dowry). Generally, the husband, his parents, and relatives are immediately arrested without sufficient investigation and put behind bars on non-bailable terms. The NCRB’s ‘Crime in India’ report categorizes crimes various heads of the IPC. If one looks at the respective conviction rates of all the categories, cases registered under Sec 498-A (Cruelty by Husband & Relatives) have one of the lowest conviction rates. In 9 out of these 10 years, the conviction rate of Sec 498-A cases was in the bottom three. This study concentrates on the effects of misuse of dowry law on man which has always been neglected. In India the trial courts are just filling their duty by giving dates of hearing and due to this delay the husband and his family members are paying which deteriorates their life without any fault. This research aims to count the loss of man and his family on monitory and social term specially the cases pending long before the trial courts.

The Financial Crisis on Trial: What Went Wrong

Americans demanded retribution from the mortgage lenders whose subprime loans defaulted and from investment bankers whose mortgage-backed securities sharply declined in value in 2007, leading to financial panic and the Great Recession. From 2008 to 2019, the federal government extracted hundreds of billions in fines from dozens of corporations, but few individual business executives were held accountable, and no senior banker was convicted of a crime. I use the trial court record of five government enforcement cases against individuals to explain this apparently anomalous result. I conclude that, in addition to a lack of funding, the prosecution effort was hindered by the government’s erroneous selection of cases to pursue. Further, the diffused nature of decision making in the mortgage finance market made it difficult to prove that any one senior-level participant had the criminal intent necessary for a conviction or a Securities and Exchange Commission civil fine or injunction. The trial results also support the argument that the growth and consolidation of investment banks from 1990 to 2008 created incentives for misconduct within the firms.

Translated Transcripts From Covert Recordings Used for Evidence in Court: Issues of Reliability

Nation states increasingly apply electronic surveillance techniques to combat serious and organised crime after broadening and deepening their national security agendas. Covertly obtained recordings from telephone interception and listening devices of conversations related to suspected criminal activity in Languages Other Than English (LOTE) frequently contain jargon and/or code words. Community translators and interpreters are routinely called upon to transcribe intercepted conversations into English for evidentiary purposes. This paper examines the language capabilities of community translators and interpreters undertaking this work for law enforcement agencies in the Australian state of Victoria. Using data collected during the observation of public court trials, this paper presents a detailed analysis of Vietnamese-to-English translated transcripts submitted as evidence by the Prosecution in drug-related criminal cases. The data analysis reveals that translated transcripts presented for use as evidence in drug-related trials contain frequent and significant errors. However, these discrepancies are difficult to detect in the complex environment of a court trial without the expert skills of an independent discourse analyst fluent in both languages involved. As a result, trials tend to proceed without the reliability of the translated transcript being adequately tested.

Section 24(2) in the Trial Courts: An Empirical Analysis of the Legal and Non-legal Determinants of Excluding Unconstitutionally Obtained Evidence in Canada

Section 24(2) in the Trial Courts: An Empirical Analysis of the Legal and Non-legal Determinants of Excluding Unconstitutionally Obtained Evidence in Canada

Digitization of Civil Legal Proceedings in the Russian Federation

This work is an analysis of legal trends in the administration of justice and the judicial system of the Russian Federation. Among the main trends, the authors observe an increase in the number of civil cases considered on the merits by both commercial courts and general jurisdiction courts. The authors also analyze some opportunities for increasing the level of integration of digital technologies in the legal environment of the Russian Federation. One of the triggers capable of catalyzing this process is the COVID-19 pandemic. Moreover, the transformations in the administration of justice that require online court trials using the Internet are analyzed, and some foreign experience in implementing such a format of court trials is considered. The authors also assess in this article the impact of judicial reforms in 2019 on the dynamics of the administration of justice.

Phrasal verb vs. Simplex pairs in legal-lay discourse: the Late Modern English period in focus

Abstract The present paper attempts to describe the divergences between nearly synonymous phrasal verb/simplex pairs from court trials dating back to the Late Modern English period (LModE). The intention was to evaluate the effects that each verb form might exert in discourse, interpreting the lexical choice as functionally linked to the contents of the legal-lay discourse, that is the discourse between lay people and professionals in the courtroom (Heffer 2005: xv). Research to date has highlighted how the choice of one form or another needs to be explained in terms of register and degree of expressiveness (Bolinger 1971: 172; McArthur 1989: 40; Hiltunen 1999: 161; Claridge 2000: 221). However, no studies have yet evaluated the difference between phrasal verbs and simplexes from a phraseological perspective, or reflected on how their use is functionally linked to the communicative needs in courtroom settings. The study was conducted on the Late Modern English-Old Bailey Corpus (LModE-OBC), a self-compiled corpus that covers the century 1750–1850 and that includes a selection of trials drawn from The Proceedings of the Old Bailey, London’s Central Criminal Court.

Increasing The Efficiancy Of Trial Courts In India

Increasing The Efficiancy Of Trial Courts In India