Principles Of Criminal Justice Research Articles

Prevention of Money Laundering Act, 2002 (PMLA) Critical Review of Key Provisions

The Prevention of Money Laundering Act, 2002 (PMLA) stands as a pivotal legislative tool in India, designed to combat money laundering and allied financial crimes, having a fundamental objective to thwart money laundering and facilitate the confiscation of property derived from or implicated in money laundering. Money laundering, as per the act, is expansively defined to encompass any process or activity attempting to legitimize illegally obtained proceeds, such as those arising from criminal activities. The act criminalizes money laundering activities, imposing stringent penalties that include imprisonment and fines for individuals found guilty of such offenses. Enforcement of the PMLA is orchestrated by various authorities, with the Enforcement Directorate (ED) at the forefront. The ED is entrusted with investigating and prosecuting offenses under the act. Embarking on an exploration of the intricate domain outlined by the Prevention of Money Laundering Act (PMLA) leads us to a realm where the intersections of financial regulations, criminal justice principles, and ethical considerations converge. By examining a series of pertinent adjudications related to the PMLA, we enter a reservoir of legal knowledge that significantly shapes the understanding and application of this crucial legislation. These legal determinations not only clarify the intricacies surrounding money laundering and its consequences but also offer invaluable guidance for legal practitioners, scholars, and policymakers striving to strike a balance between prosecuting financial offenses and safeguarding individual liberties. Within this compilation, we engage in an intellectual journey, mapping the continually evolving terrain of PMLA legal interpretations and presenting a comprehensive perspective on its development and significance within the framework of precedent law in the pursuit of justice. While serving as a significant tool in the battle against money laundering, the PMLA has faced criticisms, particularly concerning certain provisions such as the broad definition of "proceeds of crime", about the burden of proof placed on the accused, usual overreach, bail provisions etc. which become issues for critical analysis specially in preview of latest judgements of Hon. Supreme Court of India. Pending the review of the controversial judgment in 2022, specifically in the cases of Vijay Madanlal Choudhary v. Union of India, the Directorate of Enforcement (ED) seems to have gained significant momentum. The Supreme Court's scrutiny and criticism of the ED's actions, particularly in the unlawful arrest of two individuals in a money laundering case, have underscored the imperative for a comprehensive re-evaluation of the key provisions of the Prevention of Money Laundering Act (PMLA), while in Pankaj Bansal v. Union of India, in which it came down heavily on the ED for the illegal arrest of two accused in a money laundering case has necessitated the critical review of key provisions of PMLA. The methodology of study of Critical review of key provisions of Prevention of Money Laundering Act, 2002 involves librarian research in which books, articles and recent case laws of Hon. Supreme Court of India are referred.

SPIRITUAL BONDS OF THE RUSSIAN PEOPLE AND CRIMINAL JUSTICE: DIALECTICS OF THE SPIRITUAL AND MORAL (CONCRETE) AND LIBERAL (ABSTRACT)

The article examines the dialectic of the spiritual bonds of the Russian people and criminal justice from the standpoint of spiritual and moral (concrete) and liberal (abstract). The relevance of the research topic is due to the need to transfer the basic principles of the administration of justice from liberal ideologies to the spiritual bonds of the Russian people. The purpose of the study is to form a model of value–semantic thinking in the administration of criminal justice, as well as to substantiate the destructive impact of the liberal paradigm of thinking on the basic principles of criminal justice. Materials and methods. The methodological basis of the research is represented by the spiritual method, the cultural-historical method, the system-activity approach, the sociological approach and other methods of scientific cognition and creative thinking. Results of the study and conclusions. The practical significance of the spiritual bonds of the Russian people in shaping their life, including that part of it that is directly related to the administration of justice, is substantiated. The spiritual bonds of the Russian people are defined as a system of spiritual (symbolic) knowledge about the fundamental foundations of domestic justice, which is based on the spirit of eternity, and its potential goes beyond the boundaries of space and time. The study also presents an understanding of the spiritual bonds of the Russian people in the form of knowledge about domestic justice from the perspective of eternity.

Место идеи процессуальной экономии в уголовном судопроизводстве России

An overview study of the idea of procedural economy from a legal and axiological point of view, as well as its place in the legal system of the Russian Federation is given. By means of induction and scientific analysis, the points of view of domestic processualists on the idea of process economy have been studied. The result of the study is the conclusion about the need for normative consolidation of the concept of procedural economy as an integral part of the system of principles of criminal justice.

The Right to Defence in Criminal Proceedings: International Law Aspects

The article deals with the right to defence in criminal proceedings in accordance with international law norms. It is proved that ensuring the right to defence is one of the basic principles of criminal justice and is a prerequisite for the achievement of a fair trial. Particular attention is paid to the right to self-defence (defence in person), the right to defence through choosing legal assistance, the right to assigned legal assistance. Attention is drawn to the fact that the right to defence in the international human rights courts and the international criminal courts is based on the same principles, respectively its understanding is the same in these international courts.

ARTIFICIAL INTELLIGENCE AND CRIMINAL JUSTICE PRINCIPLES: COMPATIBILITY ISSUES

The penetration of artificial intelligence technologies (hereinafter referred to as AI) into criminal justice naturally entails the modernization of legal systems, with the introduction of "smart courts", "digital prosecutors", as, for example, in China, and the increasing decision-making autonomy of AI. The aim of the study is to study the impact of AI on the fundamental principles of the criminal process. Should the use of AI be “tailored” to existing principles and norms, or should existing principles and norms be modified to accommodate AI? Based on the analysis of the principles with their development in specific norms and situations, it was concluded that the properties of AI that cause negative consequences of its use in criminal proceedings (bias, closeness (opacity), pose potential threats to the implementation of the principles of the criminal process. AI affects the basic constitutional principles and the branch principles of criminal proceedings interconnected with them.The use of AI poses a certain threat for them, entailing a violation of the constitutional rights of a person and a citizen. The purpose of this article is to draw the attention of the scientific community, the legislator, and law enforcers to the problem of dissonance between AI and the principles of criminal justice that has arisen and is growing with the development of AI technologies. In order to avoid negative factors in the use of AI, it is necessary to establish a legal regulatory framework for its use in criminal proceedings, due to the socio-technical nature of AI. Given the priority of human and civil rights, legal norms must be transformed in such a way as to ensure proper protection of the rights of citizens.

일본의 중요토지조사규제법 제정과 쟁점

On the basis of national security and territorial integrity, can the state regulate the use of land and buildings around important defense facilities or on border islands? In response, on June 16, 2021, Japan promulgated ‘Important Land Survey Regulation Act.’ In enacting the Important Land Survey Regulation Act, the Japanese government suggested land acquisition in a specific area by foreign capital as a basis for legislation. Due to the cases of land acquisition in a water source, defense facilities, or border islands, anxiety among Japanese residents and the people is growing. As a background of legislation, the Important Land Survey Regulation Act refers to ‘concerned’ foreign capital and state. It is primarily considering Korea and China as regulatory targets. The Important Land Survey Regulation Act is a regulation law based on the maintenance of the base of national life, maritime sovereignty, and national security. In the future, I think the Important Land Survey Regulation Act will have a direct or indirect effect on Korea. From a national security perspective, laws that regulate direct investment in corporate purchases also exist in the United States and Japan. However, regulations on real estate transactions have recently been introduced from the perspective of national security. In the United States, the Foreign Investment Risk Review Modernization Act (FIRRMA) enacted in August 2018 is a representative law. Real estate transactions are being conducted as a subject of review by the US Foreign Investment Committee (CFIUS). From a national security perspective, Japan is reviewing the case of the United States, which regulates the sale of real estate. However, problems with the bill were pointed out in the process of enacting the Important Land Survey Regulation Act. The issue of unconstitutionality of the Important Land Survey Regulation Act was also raised. In this study, I reviewed the issues and the contents of the law in the legislative process of the Japanese National Assembly : the purpose of legislation and the existence of legislative facts, the subject of regulation and delegation of legislation, forest and water sources, enforcement decree and delegation legislation, resident movement regulation, designation of special zones, and pre-reporting system, etc. The following matters were reviewed on the issue of unconstitutionality inherent in the Important Land Survey Regulation Act : legislative purposes and the absence of legislative facts, violation of the principles of parliamentary legislation, principle of criminal justice, recommendations and orders and criminal penalties, land use investigation and personal information, privacy rights, freedom of thought and conscience, self-denial rights, property rights and compensation systems, etc. The Important Land Survey Regulation Act, like FIRRMA in the United States, is based on national security, Japan primarily aims to protect Japan’s Self-Defense Forces facilities and U.S. military facilities. To this end, ownership and use, and transactions of land and buildings in a specific area are regulated. Second, however, it is a law to prepare for border disputes or maritime disputes between Japan and China, Japan and Russia, Korea and Japan. From the perspective of borders, territories, and maritime sovereignty, the Republic of Korea needs to establish new border protection measures for uninhabited islands and islands.

Оптимизация уголовно-процессуального законодательства в области доказывания по уголовным делам о преступлениях против собственности, совершенных с использованием информационно-телекоммуникационных технологий

The article identifies the problematic issues of proof in criminal cases of crimes against property committed with the use of information and telecommunication technologies, associated with disproportionately long periods of obtaining information serving as evidence, which in turn lead to a violation of the principles of criminal justice. As a result of the application of general scientific methods for conducting scientific research, incl. analysis of the current legislation, statistical data, practice of international cooperation and materials of criminal cases, it is proposed to optimize the criminal procedure legislation in the field of evidence in criminal cases of the above category in order to reduce the time for collecting evidence.

To the question of the constitutional presumption of innocence and the institute of exemption from criminal liability

The article, taking into account the results of the analysis of the current legislation of Ukraine and the provisions of the doctrine of criminal law, identifies the problems of the relationship between the institution of exemption from criminal liability and the constitutional presumption of innocence. The analysis of the problem conducted in this publication allows us to support the position that the existing in the Criminal Code of Ukraine substantive legal institution of exemption from criminal liability does not contradict the presumption of innocence. However, for this purpose, its instructions should be assessed, firstly, as not included in the mechanism of criminal liability, and secondly - as an alternative to punishment measures of criminal law.
 It is established that the release from criminal liability does not refute the admission of guilt of a person, if you give him the value of official confirmation (statement) of the fact that he committed a criminal offense. It is determined that the exemption from criminal liability also concerns the problems of ensuring the rule of law in the activities of public authorities, compliance of criminal law with the principles and norms of international law, systemic coherence of various branches of the national legal system.
 The analysis of investigative and judicial practice showed that the anti-criminogenic potential of the institution of exemption from criminal liability is only partially realized, as the legislator, constructing the analyzed rules, made a number of conceptual miscalculations and editorial errors. As a result, the institution of exemption from criminal liability has significant contradictions, and some of its provisions come into conflict not only with other articles of the Criminal Code of Ukraine, but also with the rules of other branches of law. The article emphasizes that in modern criminal law the system of measures of criminal law influence is not limited (does not end) only to punishment. The Law on Criminal Liability provides for the possibility of applying to a person whose act constitutes a crime, and a number of other "tools" to correct his behavior, in particular, such as the release of this person from criminal liability on legal grounds.
 It is determined that the presumption of innocence is recognized as one of the fundamental principles of criminal justice in a state governed by the rule of law. At the same time, it is an important element of the right to a fair trial guaranteed by Article 6 of the Convention for the Protection of Human Rights and Fundamental Freedoms, which is part of national law by virtue of Article 9 of the Constitution - as an international treaty. However, despite its fixation in the most important international legal acts that enshrine universal standards of fundamental human rights, and the enshrinement of the Constitution of Ukraine states that in practice the presumption of innocence is often violated, as evidenced by a number of decisions of the European Court of Human Rights concerning Ukraine.

A History of the Common Law Double Jeopardy Principle: From Classical Antiquity to Modern Era

The double jeopardy principle is a guarantee of individual liberty that has ancient origins. The development of the principle has been incremental, and its meaning has varied through the ages. The research question and attending analyses presented in this article advances an examination of the evolution of the double jeopardy principle in historical context. Through doctrinal analysis the hypothesis advances the supposition that the common law principle was firmly established by the post-medieval period. Through an examination of landmarks in the development of the principle the article examines theoretical underpinnings and considers the extent to which the criminal justice system developed a public prosecution model of criminal justice. The incremental development of this fundamental principle of criminal justice can be explained in terms of the deficiencies in medieval criminal procedure, prejudices and practices of medieval trial procedure and punishments imposed on convicted offenders. Jurisprudence on the application of the principle indicates significant developments following the Restoration. Keywords: Double jeopardy; Ne bis in idem; Autrefois acquit; Autrefois convict; Criminous clerks; Restoration

The mechanism for implementing the principle of respect for the honor and dignity of personality in preliminary investigation

Relevance. Compliance with the principles is a prerequisite for effective and fair criminal proceedings. The inconsistency of criminal procedural norms with the needs of modern Russian criminal procedure minimizes the operation of the mechanism for ensuring the principles of criminal justice. In order to improve Russian legislation in the field of compliance with the basic provisions and compliance with its basic international principles, the elements of the mechanism for ensuring and implementation of the individual’s right to respect for honor and dignity during the preliminary investigation were studied, proposals were made to reform the norms of the Criminal Procedure Code of the Russian Federation. As a result of the research, the concept of a mechanism for the implementation of the principle under study was formulated; the stages of development of this mechanism have been studied; the elements of the mechanism are systematized and analyzed, a comparative study of the different mechanisms for the implementation of the studied principle of some foreign countries is carried out, ways of improving the criminal procedural legislation in the field of ensuring the principles of the criminal process are proposed.

\u201cComplete Labelling\u201d and Domestic Prosecutions for Crimes Against Humanity

Fair labelling is an established principle of criminal justice that scrutinises the way that States use language in labelling criminal defendants and their conduct. I argue that “complete labelling” is a related but separate principle which has not received any explicit attention from commentators. Whereas fair labelling focuses, usually, on the protection of defendant’s rights, the principle of complete labelling explains and justifies whether the labels attached appropriately represent the nature and scale of the wrong done to the community. As a case study, I apply this lens in the context of regional (U.S./Mexican) criminal justice responses to crimes against humanity perpetrated by “drug-cartels” in the context of the Mexican Drug War. Successive administrations in Mexico and the U.S. have tended to charge cartel leaders (and/or their political supporters) with so-called “transnational crimes” (for example, drug-trafficking, money-laundering, bribery/corruption). This is despite the fact that many of the most powerful cartels have controlled territory, attacked entire towns, carried out acts of terror, and disappeared thousands of people. The principle of complete labelling is useful in normative terms because it helps in the critical examination of a State’s prosecutorial practices, exposing problems that might otherwise be missed. In relation to the case study discussed, for example, a focus on complete labelling helps to expose the regional prosecutorial policy as either an unjustified exercise in selectivity or, at worst, an expression of collective denial. After considering certain counteracting reflexions which speak to some of the foundational anxieties of international criminal justice, the article concludes that domestic prosecutions for crimes against humanity in the context of drug-cartels may, sometimes, be justified.

Principles of Criminal Justice as Guiding Principles in the Protection of Human and Civil Rights and Freedoms

The article deals with the problematic aspects related to the criminal procedure regulation of the implementation of the principles of criminal justice. The problematic aspects connected to the implementation of the principles of criminal justice by the participants on the part of the defense, the prosecution, and the court are touched upon. The article considers the features of the implementation of the principle of competition, equality of the parties, a reasonable period of criminal proceedings in the pre-trial stages of the criminal process. The conclusion summarizes all the procedural features which are encountered in the implementation of all the principles as fundamental principles during all stages of the criminal process.

От введения к Уложению государственных законов до УПК РФ: основные идеи М.М. Сперанского

The analysis of some provisions of the current Criminal Procedure Code of the Russian Federation through the prism of a number of provisions of the Code of State Laws, prepared in 1809 by M. M. Speransky. An assessment of the moral principles of the current law is given, noting that moral regulators at this stage of the development of legislation are very weak, which entails the need for detailed criminal procedure regulation. Parallels are drawn with the ideas of M. M. Speransky on the separation of powers and the modern independence of the judiciary. The article reveals the features of law enforcement practice in terms of the application of the provisions of Article 61 of the Criminal Procedure Code of the Russian Federation and the provisions of the law on conflict of interest and its interpretation in the established judicial practice. Based on the Introduction to the Code of State Laws in terms of the need to take into account the “importance of crimes” and “the quality of persons who have committed crimes”, the author reveals modern trends in the development of differentiated principles of criminal justice. It has been proved that, in fact, an independent special proceedings for entrepreneurs are being formed, which is critically assessed as a trend that does not correspond to the Presidential Decree “On national goals and strategic objectives for the development of the Russian Federation for the period up to 2024.”

Legal Balance between the Human Rights Protection and the Effectiveness of the Criminal Investigation

Abstract In a digital age when national borders are not a barrier to offenders, access to electronic databases, often located in several countries, is required for a thorough criminal investigation and the correct resolution of a large number of criminal cases. The collection of information stored by cloud and telecommunication service providers for criminal prosecution purposes inevitably addresses issues of personal rights and freedoms. The CJEU has clarified that any restriction on the right to private life and data protection must be consistent with the requirements of legality, necessity and proportionality provided for in EU law. This study analyzes the compliance of the latest EU legislative instruments on a transnational collection of electronic data tothe European human rights standards and the principles of criminal justice.

How Is Criminal Justice Related to the Rest of Justice?

Are principles of criminal justice derived from a broader conception of justice, or does criminal justice involve some of its own distinctive principles such that it is not—for example—an aspect of distributive justice? Examining considerations regarding luck and desert provides an illuminating approach to this issue. The notion of desert has largely been excised from a great deal of recent political theorizing, and in particular, it has been eliminated from many influential conceptions of distributive justice. It is widely held that the pervasiveness of luck renders desert inappropriate to contexts of distributive justice, and incompatible with the freedom and equality of persons in a just political community. Should considerations of desert also have a minimal role in criminal justice—where they seem to still be important? Are considerations of desert in the context of criminal justice consistent with persons being free and equal participants in a just political community? How are principles of criminal justice related to principles of distributive justice and political justice in an overall just society? Many scholars agree that criminal justice presupposes an adequately just society. Still, that leaves open just how criminal justice relates to justice overall. That is the present topic.

Social Technologies and Principles of Criminal Justice in the Context of its Digitalization

The paper analyzes the problems that arise in the process of digitalization of criminal proceedings, when its organizers are forced to organize the interaction of social and computer technologies, the joint development and application of which become inevitable in modern conditions. The basic concepts of social technologies theory that were originally developed as a means of organizing human activities, with criminal justice system being only one of them, are interpreted in a new way. The main contexts of application of "social technology" concept, as well as the significance of social technologies in the formulation of principles and achieving the goals of criminal proceedings are studied. The author defines a special type of social technologies, humanitarian technologies in the paper, and analyzes the relevance of this type of technology in the system of principles of criminal procedure. The author substantiates the need to distinguish between the theoretical and technological aspects of compliance with the principles of criminal justice, which allows us to reconstruct the entire system of goal-setting impact on people’s actions and social relations through the development and application of social technologies. The concept of gradual transformation of society through the use of social engineering, put forward by K. Popper, is analyzed in detail. The role of the theoretical distinction between methodological essentialism and methodological nominalism (antirealism) is reconstructed. The ideological and political contextualization of the theory of social technologies, which dominates in modern social science, is subjected to critical analysis. The author examines the ontological assumptions and methodological guidelines proposed by K. Popper for the approval of his socio-technological doctrine. The author identifies and describes the specifics of the use of social technologies in the context of the use of artificial intelligence systems in criminal proceedings. The point about the need to search for the relationship and mutual consistency of the systems of the individual and society in the process of digitalization of criminal proceedings both at the level of principles and at the level of technology is substantiated.

Slovak Criminal Justice and the Philosophy of Its Privatization: An Appropriate Solution of Problems of Slovak Justice in the 21st Century?

The authors of the paper deal with the philosophy of the privatization of elements of criminal justice, which in the last decades influenced the development of criminal justice in European countries, including the Slovak Republic. The philosophy of privatization in relation to criminal justice represents a wider acceptance of the individual interests of the subjects of criminal procedure. It is the strengthening of powers of the parties to the proceedings and at the same time the entrusting of criminal dispute solution to their own hands. Therefore, the aim of the paper is to examine the expanding philosophy of privatization of the Slovak criminal justice system (the so-called negotiating procedure, a.k.a. plea bargain agreement) which, with the aim of facilitating and simplifying the resolution of a criminal case, has brought the possibility of negotiating with the State the conditions for admitting the guilt of the accused, in exchange for imposing a less severe punishment. However, the aim of the paper is not only to examine the current legal regulation of this expanding phenomenon but also to show its seamy sides and to present comprehensible and reasonable legal opinion relating to its suitability. In the paper, the authors, therefore, deal with the question of whether the philosophy of privatizing the criminal justice is in compliance with the traditional values of the continental legal system. At the same time, they try to answer whether the philosophy of the so-called negotiated justice is not contrary to the fundamental principles of criminal justice. In the paper, the authors also ask questions like: Can the punishment be subject to negotiating? Is it justified on the ground of the society’s morality and fundamental values of the legal system if the State negotiates with the perpetrators of crime the conditions of their confession and the length of the punishment? Does the negotiated punishment fulfill its basic functions (preventative, repressive, protective, moral condemnation by society)?

Зарождение принципов уголовного правосудия

The article contains a brief comparative analysis of the principles of criminal justice and similar ideas set out in the Order of Catherine II. This draft Regulations written two hundred and fifty years ago. He is among the first domestic scientific works containing the fundamental provisions of criminal justice.

НОРМЫ-ПРИНЦИПЫ УГОЛОВНОГО ПРОЦЕССА: ЗАКОН И ТЕОРИЯ

The study aims to formulate the proposals aimed at optimizing the Chapter 2 of the Criminal Procedure Code of the Russian Federation (CPC of RF), which enshrines the principles of criminal justice. The authors of the given article examine the content of the rules-principles, i.e. legislative regulations that express and enshrine the principles of law. It is stated that we should distinguish the rules-principles and rules-beginnings, rules containing general permis-sions and prohibitions and rules-definitions because of the first receive development and logi-cal expression in the second. Attention is drawn to the fact that when discussing the nature of the court procedure we should bear in mind that principles make up the content exclusively of legal awareness. At the stage of drafting of the rules, the principles-ideas become regulatory and legal in nature. The developers of the CPC of the RF are criticized, as they did not take advantage of the scientifically valid system of principles of the criminal proceedings. The authors ask why among the rules-principles reflected in the Chapter 2 of the CPC of the Russian Federation, there was no place for many provisions, previously traditionally recognized as such; why the fundamental provisions of the regulation in other laws, including the Constitution of the Rus-sian Federation, were not enshrined in the CPC of the RF. Based on the analysis of the scien-tific literature and the provisions of the criminal procedure law, the authors conclude that one of the obvious omissions of the developers of the CPC of the RF is the non-inclusion of the provision on equality of all before the law and the court in the number of rules-principles. Objections were raised against the absence of other provisions in the CPC of the RF, previouslyconsidered fundamental for criminal proceedings, namely, publicity (officiality) of criminal proceedings, as well as comprehensiveness, completeness, the objectivity of investigation of all the circumstances of the case. Besides, the authors concluded that the contents of separate articles of Chapter 2 of the CPC of the RF, and, in fact, such independent principles, designated by the legislators as "Respect for the honour and dignity of the individual" (Article 9 of the CPC of the RF); "Immunity of the individual" (Article 10 of the CPC of the RF); "The sanctity of the dwelling" (Article 12 of the CPC of the RF); "The secrecy of correspondence, tele-phone and other negotiations, postal, telegraph and other communications" (Article 13 of the CPC of the RF) can be combined into one group, in Article 11 of the CPC of the RF "Protec-tion of human rights and freedoms in criminal proceedings”. Critical assessment is given to the content of Article 7 of the CPC of the Russian Federation, which is reduced to a formal prohibition for the court, prosecutor, investigator, investiga-tive body and interrogator to apply federal law or other rules contrary to the CPC of the Rus-sian Federation. The current version of Article 7 of the CPC, which enshrines the fundamental principle of legality in criminal proceedings, is inconsistent with modern theoretical views on the essence, content and meaning of the principle of legality in law. The authors conclude that the content of the rules-principles, their system, enshrined in Chapter 2 of the CPC of the Russian Federation, are imperfect and need to be adjusted under the fundamental theoretical developments.

Determining the base rate for guilt

A Bayesian assessment of the probability that the defendant in a criminal trial is guilty depends on the presumed base rate for guilt and the estimated likelihoods of the evidence. This article explores how the base rate shall be determined. Bayesian scholars have recommended a base rate of 1/N, where N is the number of ‘possible perpetrators’, but it is unclear how the reference class of possible perpetrators shall be defined. Several solutions are explored, and it is demonstrated that each solution leads to serious sacrifices in some fundamental principle of criminal justice. Some solutions lead to arbitrary assessments, or assessments that deviate from the facts. Other solutions fail to uphold an acceptable ratio between wrongful acquittals and wrongful convictions.