Criminal Defense Research Articles

Understanding the Implications of Non-Accused DNA at Crime Scenes for Criminal Defence Lawyers

While DNA evidence has revolutionized criminal investigations, its presence in legal cases becomes problematic when the DNA of non-accused individuals is detected at crime scenes. This essay explores the issue of unintentional DNA transfer and its implications for defence attorneys. This study questions the prevailing assumption that DNA presence equates to guilt by analyzing a burglary case study, demonstrating how DNA can be unintentionally deposited by those not involved in the crime. The findings reveal the complexities surrounding forensic evidence, showing that individuals who haven't physically interacted with crime scene objects can still leave their DNA behind. This complexity underscores the need for lawyers to adopt a more nuanced perspective, emphasizing the importance of expert testimony, rigorous investigative methods, and contextual evaluations in accurately assessing the implications of DNA evidence within the judicial system. Understanding these intricacies is vital for police officers and legal professionals including judiciary to navigate carefully and sincerely cases where DNA evidence plays a critical role in proving or disproving the guilt of the accused person.

The development of Soviet penal prohibitions during the Great Patriotic war

The paper covers the study of criminal law regulation during the Great Patriotic War in the historical and legal context. The purpose of the work is to form scientifically substantiated knowledge about the features of the development of the system of penal prohibitions in Soviet law during the Great Patriotic War. Based on the constructivist paradigm, the authors study the process of transformation of penal prohibitions in wartime, highlighting the role of not only legislative but also executive and judicial bodies in this process. The conducted study allowed concluding that the transformation of criminal law regulation equally affected the general and special parts of this branch of law. However, the changes were caused both by the needs of martial law and by the transformation of criminal law shortly before the war, which was associated with the proclaimed by the Constitution of the USSR of 1936 transition to regulating this branch of law not at the republican, but at the all-Union level. In the legal doctrine and the general part of criminal law, the changes concerned primarily the criminalization of civil and labor relations, the expansion of the limits of criminal law regulation, in particular the emergence of new objects of criminal defense, and the clarification of the list of special subjects of criminal law for whom increased measures of criminal liability were established. With regard to the special part of criminal law, the changes were more specific in nature due to the need to mobilize all material and human resources to defeat the enemy and ensure law and order and public safety.

Contesting Confessions: Opinions of Expert Witnesses

ABSTRACT A confession is a crucial factor to address in mounting a competent criminal defense, making expert witnesses in this field an important resource for attorneys. While there is a strong base of research on false confessions, there is little such research and no formal guidelines in the way to most effectively proffer this information. Through structured interviews with 20 expert witnesses, we probed their processes, recommendations, and common challenges they encounter challenging confession evidence. Based on their feedback we offer recommendations, present new research hypotheses, and discuss the need for expert witnesses to identify best practices and standardize the profession.

Talk about testimony: courtroom dialogue as racialized interactions

Abstract Within the criminal legal system, judges, jurors, prosecutors, defense attorneys, experts, and law enforcement officers all might employ language or language practices in the courtroom that can evoke racial bias against an accused person, including by using coded language, innuendos, or particular questioning techniques and clarification strategies. In light of recent legislation, including the passage of the Racial Justice Act in California, which prohibits the use of racially biased language against an accused person by courtroom actors, we are at a crucial moment where dialogue between linguists and lawyers is imperative to define racially biased language and how it emerges. In this article, we provide guidance to help identify and address the ways race can be invoked through discursive strategies in the courtroom that do not make explicit mentions of race, and end with recommendations for ameliorating the potential harms that racial bias expressed during such interactions can cause.

Theory and Practice of Procedural Defense With Illegal Evidence Exclusion Rule as Core

Procedural defense is a form of defense proposed by defense counsel based on criminal procedural law, aiming to safeguard litigation rights and supervise the legality of procedures. It is an important component of criminal defense. The illegal evidence exclusion rule is the core content of procedural defense and an important means to achieve judicial justice in criminal cases. This paper, taking the illegal evidence exclusion rule as its core, explores procedural defense from both theoretical and practical perspectives. Firstly, it defines the concept of procedural defense and reviews the development of the illegal evidence exclusion rule, elucidating its current status. Secondly, it categorizes four types of procedural defense: request-based, demand-based, defensive, and remedial, elaborating on their characteristics, application conditions, operational methods, and practical effects. Through a case analysis of the Zhang Guoxi Bribery Case, it demonstrates the specific application of procedural defense in practice. Thirdly, it discusses the value significance of procedural defense, pointing out that procedural defense not only embodies the value of procedural justice but also contributes to achieving the goal of substantive justice. It is of significant theoretical and practical value for safeguarding the litigation rights of defendants, supervising the procedural legality of prosecuting authorities, and promoting the efficiency and fairness of criminal proceedings. Finally, it analyzes the challenges and dilemmas faced by procedural defense in Chinas criminal procedural practice, mainly manifested in the lack of clear and perfect legal basis, the unfair and undemocratic practice environment, and the insufficiently significant and stable practical effects of procedural defense. Some improvement strategies and suggestions are proposed in order to provide reference for the healthy development and wide application of procedural defense.

Getting slapped and kicked: the experience of judicial bullying for lawyers providing publicly funded criminal defence

Judicial bullying has received increased attention in Australia in the past decade. Traditional attitudes that dismissed judicial bullying as a rite of passage have been superseded by recognition about the negative impact it has on lawyers’ mental health and wellbeing. In interviews about wellbeing and burnout with lawyers in five Australian jurisdictions, judicial bullying was identified as having a significant role in lawyers’ mental health and careers. This research affirms current formal steps being undertaken in Victoria to address judicial bullying, but also emphasises the informal mechanisms employed by lawyers to mitigate the risk and reduce the impact of judicial bullying.

Provocation and the Reasonable Asian: Applying the Reasonable Person Standard to Asian Defendants Asserting the Provocation Defense

AbstractThis Article examines the criminal law defense of provocation in the U.S., which employs an objective reasonable person standard, as applied to recent Asian immigrants. It discusses approaches taken in other countries and describes the cultural defense. The Article concludes with different possibilities for a hypothetical Asian defendant who was provoked: Improving education about U.S. laws as a preventative measure, using expert cultural witnesses at trial, and taking the defendant’s characteristics into consideration during the sentencing stage.

Criminal Defense Attorneys and Client Suicide: Survey and Recommendations From Washington State.

The connection between suicide and incarceration is well documented, in particular after recent arrest. Criminal defense attorneys may be one of the few people in meaningful contact with this population, and lawyers have a unique window into their clients' well-being. In this Viewpoint, we explore the experiences of attorneys who work with clients with suicidal thoughts and behaviors. We developed and administered a survey to criminal defense attorneys in the State of Washington, ascertaining their experiences with client suicide. A total of 44 responses were collected, with over 95% of respondents having been concerned about a client's risk for suicide. We conclude that client suicide widely impacts criminal defense attorneys, and lawyers' role with justice-involved clients uniquely positions them to be a potential asset in suicide prevention efforts.

DIGITIZATION OF LEGAL AID SERVICES AND CRIMINAL JUSTICE TO THE DETAINEES IN INDIA

This paper presents a micro-study of the scheme of legal aid services and the impact of its digitization on the administration of criminal justice in India based on the case study of the District Legal Services Authority (DLSA) of Surguja at Ambikapur in Chhattisgarh State (India). This DLSA has been found to suffer from proper empanelment, allotment and monitoring of criminal defense counsels to the detainees. The empanelled defense counsels have been reluctant to pursue the case of detainees at the bail and trial stages. Resultantly, fair criminal trial according to the due process of law has been compromised, the fundamental guarantee to free defense counsel has been threatened and public trust in the criminal justice system has been deteriorated. Heeding the reports and judicial directions, the Union Ministry of Law and Justice has introduced the digitization of legal aid services of all authorities and committees established under the NALSA Act, 1987. The website portals and mobile applications have been brought upon to facilitate the beneficiaries to apply for free legal aid and know about actions taken therein. Nonetheless, these endeavours have been found inadequate in the mission of administration of criminal justice particularly for the detainees.

论刑事辩护全覆盖的目的

论刑事辩护全覆盖的目的

Defending Brother No. 2: on the Politics of International Criminal Justice and the Limits of Criminal Defence

Defending Brother No. 2: on the Politics of International Criminal Justice and the Limits of Criminal Defence

Criminal-Law Characteristics Of Extortion

In the context of the criminal law reforms, which are currently being implemented in the Republic of Armenia, the study of the crime of extortion and identification of problems in this sphere are of great importance. As a result of judicial reforms in the Republic of Armenia, recently a number of new legal codes have been developed, including the new Criminal Code of the Republic of Armenia, which entered into force on July 1, 2022. According to the currently effective Criminal Code certain changes have been made in the area of criminal defence of crimes against property, economy and economic activity, including extortion criminal offence. Therefore, the study of criminal law key issues of extortion criminal offence is of great visual and practical importance. However, in addition to the abovementioned, it should be added that extortion has always hindered the activities of both legal entities with any form of organizational law and individuals. The aim of the study is to analyze the criminal law content of the crime of extortion, to identify the existing problems in the area discussed, as well as to introduce the criminal law characteristic of the crime of extortion defined by the current Criminal Code of the Republic of Armenia. Extortion remains a high-level latency crime. Many of the victims of extortion do not appeal to law enforcement agencies, considering this method of defence to be ineffective. The high level of latency does not allow an evaluation of the true prevalence of this type of crime. Within the framework of this article, the criminal law characteristics of crimes against property are studied and presented, and the peculiarities of the concept of extortion are considered. The corpus delicti of extortion is analyzed, as well as its aggravating circumstances are considered; proposals are made to introduce corresponding amendments to the legislation aimed at a more precise definition of the article providing for criminal liability for extortion and the easiest possible definition of similar acts in practice.

Legal Challenges of Artificial Intelligence in the Field of Criminal Defense

The introduction of Artificial Intelligence (AI) in the realm of criminal defense introduces the potential for innovative transformations within the judicial system, albeit accompanied by a series of intricate and significant challenges. This paper encapsulates the primary challenges faced by AI in criminal defense. Initially, technical challenges encompass data privacy and security, algorithmic transparency and fairness, and model interpretability. Secondly, ethical issues involve the moral guidelines of AI adjudications and its impact on human rights and social justice. Thirdly, legal challenges include the legitimacy and reliability of evidence, and the regulation of AI decision-making within the legal framework. Lastly, the application of AI may also induce an evolution in the roles of legal practitioners, thereby redefining their function within judicial processes. In essence, the development of AI in the field of criminal defense necessitates a holistic consideration of these challenges and the formulation of corresponding strategies to ensure its application is both effective and equitable, while aligning with legal and ethical values. The significance of this research lies in providing innovative and improvement opportunities for the judicial system by exploring the application of AI in the field of criminal defense and the challenges it faces, while also confronting the challenges brought about by new technologies and actively seeking solutions to ensure that the application of AI in criminal defense can fully unleash its potential while adhering to legal, ethical, and societal norms.

Camaraderie and conflict: developing an occupational culture typology of publicly funded criminal defence lawyers in England and Wales

ABSTRACT Renewed interest in the working lives of publicly funded lawyers has resulted in a growing body of research that has analysed factors which might affect how criminal defence lawyers envisage their role. Much of that work has adopted an ethnographic approach, producing important data that can tell us much about the occupational culture of publicly funded defence lawyers in England and Wales. This paper synthesises and integrates the findings of recent ethnographic work on publicly funded defence lawyers, adopting a broadly Bourdieusian approach to theories of occupational culture to draw out commonalities across the findings of various recent studies. We take these findings further, arguing that they can together allow us to develop a working typology or schema for the occupational culture of English and Welsh publicly funded criminal defence lawyers. We also draw on some lessons learned from key studies of “cop culture” to identify seven apparently pervasive yet fluid characteristics of the working culture of this occupational group, before suggesting areas for further development. The seven characteristics that we identify in this article are camaraderie; expertise; economisation; standardisation; conflict, social justice and adversarialism, and pessimism.

The use of social media evidence in the courtroom: A survey of lawyer's experiences in Poland

Despite its potential evidentiary value, presenting information from social media in the courtroom poses practical challenges. Various legal, ethical, and forensic issues tied to social media evidence have international relevance, as judicial authorities globally navigate the same technological landscape. This article presents the results of an exploratory cross-sectional questionnaire survey conducted among active civil litigation and criminal defense lawyers in Poland (n = 278) in January 2021. The results confirm that social media content is present in Polish courtrooms and perceived by practitioners as potentially valuable evidence in all types of civil and criminal court cases. A content analysis of the comments from the study's participants revealed four key themes concerning their perception of social media evidence: (a) a lack of knowledge on how to properly present such content, (b) judges' reluctance towards accepting this type of evidence, (c) a problematic absence of legal regulations for accessing and gathering social media evidence, and (d) the presence of a significant amount of legally relevant information in social media content. To better manage social media evidence, there is a need for clear, understandable guidelines for lawyers and judicial authorities, in addition to the development of forensically sound methods of handling this type of evidence.

Canada at a Crossroads

Rooted in Canada’s history as a British colony, the Criminal Code defence to “reasonable corrective force” remains in force today. In this article, I trace the history of Canada’s law, describe various attempts made to remove it, and present the many recommendations and calls for repeal issued over recent decades. While Canada has stood still, 65 countries have removed their legal defences and prohibited all corporal punishment of children. At this time, Canada has another opportunity to finally remove this archaic defence, as two Private Members’ Bills have been introduced in the House of Commons and the Senate, respectively. By seizing this opportunity, Canada will demonstrate its commitments to children’s rights to protection and dignity, and uphold its pledges to end violence against children and women in Canada.

APF Gold Medal Award for Impact in Psychology: Lenore E. Walker.

The APF Gold Medal for Impact in Psychology recognizes Lenore E. Walker for her groundbreaking work with a particularly vulnerable population, those with a syndrome she named Battered Woman Syndrome (BWS). Lenore E. Walker's work has had a transformational impact in psychology, in the courts, in public policy, and in the lives of countless women over a period of more than 40 years. BWS is accepted as a criminal defense in federal court and all state courts and may be raised as 'state of mind' for damages in personal injury cases and in family courts. The central tenet of Dr. Walker's contributions is that the victims of trauma from familial and intimate partner violence, abuse, and degradation all share experiencing common trauma symptoms that may need effective trauma-specific assessment and treatment. Her work has impacted the lives of hundreds of thousands of abused women and their families and continues to be used and expanded upon today. (PsycInfo Database Record (c) 2023 APA, all rights reserved).

The Moral Foundation of Criminal Defences and the Limits of Constitutional Law

The Supreme Court of Canada’s decision in R v Khill provided a novel moral framework for self-defence. Whereas self-defence was previously categorized as a justification, the Court now maintains that it constitutes an excuse in some cases. In other cases, the Court suggests self-defence sits between justification and excuse, captured by a principle I elsewhere call “moral permissibility”. The Court’s choice to adopt a more robust relationship between the moral principles underlying justification/excuse and self-defence is principled. However, the basis for that conclusion—the application of moral philosophy to the law of criminal defences—applies with equal force to the law of duress and necessity. Unfortunately, the statutory duress defence and section 8(3) of the Criminal Code limit the juristic scope of those defences. Although these restrictions may be challenged under section 7 of the Charter, this challenge will likely fail as defendants need not be denied a defence. Instead, they will be denied a proper moral assessment of their actions. To instill greater coherency into the law, it is prudent to repeal the statutory duress defence. This approach would allow courts to utilize the broad wording of the new “defence of person” provision to develop the law of self-defence, necessity, and duress in line with the moral philosophy underlying these defences. Constitutionalizing the principles underlying criminal defences can nevertheless serve two broader purposes: mitigating the tendency of courts and counsel to unduly rely upon other less transparent (jury nullification) or heavy-handed (judicial review) legal devices to avoid conviction.

Mitigation of punishment and criminal defenses in criminal legislation of Canada and Republic of Uzbekistan (comparative analysis)

The existing paper provides a comparative analysis of the criminal legislation of Canada and Uzbekistan in terms of consideration of the mitigation of punishment and criminal defenses. In detail, the present research provides an overall overview of the mitigation of sentence institute in accordance with the existing editions of the Criminal Code of Canada and the Criminal Code of the Republic of Uzbekistan, including the issues of determining the punishment for the criminal offences committed in a state of mental disorder, as well as insanity and diminished responsibility for incomplete offences and criminal complicity, including criminal defenses, institutions on the withdrawal (voluntary refusal) from the commission of an offence and innocent harm, etc. Pursuant to the results of the conducted analysis, similar and different sides of current criminal laws have been clarified. Decisions on the performed analysis and a final conclusion on the implementation of Canada's some criminal law norms to the criminal law of the Republic of Uzbekistan have been provided

Experiences of criminal justice: Perspectives from Wales on a system in crisis By D.Newman, R.Dehaghani, Bristol: Bristol University Press. 2023. pp. 270. £80.00 (hbk); £26.99 (pbk); £26.99 (ebk). ISBN: 9781529214222; 9781529214239; 978152914246

Experiences of criminal justice: Perspectives from Wales on a system in crisis By D.Newman, R.Dehaghani, Bristol: Bristol University Press. 2023. pp. 270. £80.00 (hbk); £26.99 (pbk); £26.99 (ebk). ISBN: 9781529214222; 9781529214239; 978152914246