Pursuit Of Justice Research Articles

The Doctrine of Inherent Powers under the Sudanese Civil Procedure Code: Its Origin, Nature and Scope

Abstract This article delves into the doctrine of inherent powers within the Sudanese Civil Procedure Code, with a specific focus on its origin, nature and scope. It posits that this doctrine empowers the courts to undertake actions essential for fulfilling their duties and ensuring the pursuit of justice, even in instances where such powers are not explicitly granted to them under statutory provisions. Additionally, the article examines the potential advantages and disadvantages associated with inherent powers and contemplates whether their exercise might pose a threat to the rule of law. It also explores the arguments both in favour of and against the possibility of rule-making within the framework of these powers and the potential impact of such regulations on the administration of justice. The article asserts that while a court's inherent powers are indispensable for the efficient dispensation of justice, it is imperative that they are not wielded capriciously or arbitrarily. Instead, their exercise should be guided by the principles of equity and good conscience.

Digital Due Process : Evaluating the Ethical Implications of Cloud-Based eDiscovery Tools in Criminal Investigations

This article examines the growing role of cloud-based eDiscovery in law enforcement and its implications for investigative efficiency and individual privacy rights. As cloud technologies revolutionize legal data processing, enabling real-time analysis of vast data volumes, law enforcement agencies are experiencing unprecedented acceleration in investigations and improvements in legal compliance. However, this technological leap raises significant privacy concerns, particularly regarding access to personal digital footprints such as emails, social media posts, and linked content. The article explores the delicate balance between leveraging cloud-based eDiscovery for enhanced law enforcement capabilities and safeguarding civil liberties in the digital age. Through analysis of case studies, legal frameworks, and emerging ethical guidelines, we evaluate current challenges and propose solutions for responsible implementation of cloud eDiscovery in law enforcement. The article underscores the urgent need for a comprehensive approach that harmonizes technological advancements with robust privacy protections, ensuring that the pursuit of justice does not come at the cost of individual rights in an increasingly digital world.

Evidently Not: Why Confessions Are Excluded in Jewish Criminal Jurisprudence

Abstract Of all the principles in classical Jewish law that stand out from a comparative legal perspective perhaps none is more notable than the ban on self-incrimination in criminal procedures. Contrary to the most basic evidentiary assumptions of other ancient legal systems, this principle differs fundamentally from the right to remain silent that is part of both early modern and modern legal systems. Only rabbinic jurisprudence incorporates an outright exclusion of criminal confessions. Despite receiving much scholarly attention over the centuries, this principle’s fundamental justification relating to the rule of law and the public pursuit of justice has gone unnoticed. This article explores this salient jurisprudential perspective, and sheds new light on this principle by contrasting the Jewish legal approach with the primary modes of criminal adjudication that were adopted in the West. What emerges from this comparative analysis is that this seemingly anomalous principle actually reveals much about the core commitments and values of Jewish law. These, in turn, have substantial implications for certain contemporary legal practices and dilemmas.

Framing Analysis of Mirna’s Father in the Documentary Film “Ice Cold: Murder, Coffee, and Jessica Wongso”

Documentary films serve as powerful media for conveying messages and stories to audiences. Netflix released a documentary titled "Ice Cold: Murder, Coffee, and Jessica Wongso", which gained widespread attention by highlighting the cyanide coffee murder case involving Jessica Wongso and Mirna Salihin—an incident that became national news. This study focuses on analyzing the framing of Edi Darmawan, the father of the late Mirna, portrayed as an arrogant and ambitious figure in the film. The research employs a qualitative approach, using the framing analysis model developed by Zhongdang Pan and Gerald M. Kosicki. The findings reveal that Edi is framed as a person with strong ambitions and arrogance in his pursuit of justice for his daughter, resulting in negative public perceptions. This study provides insights into how visual media, especially documentary films, shape public perceptions regarding complex legal and social issues. Furthermore, the results highlight the role of visual narratives in influencing audience attitudes and encourage critical reflection on the way stories are framed within visual media.

What Can Insects Tell Us About Crimes?

Have you ever considered how important insects are in almost all of Earth’s ecosystems? Beyond their well-known roles as pollinators, decomposers, and control of other insect pests, did you know that insects can also play a vital role in solving crimes? In this article, we explore fascinating examples of how entomologists (scientists who study insects) can assist law enforcement and the justice system by using insects to crack real criminal cases. By studying the life cycle, ecology, and behavior of insects found at crime scenes, entomologists can provide critical information on the timing and circumstances of a person’s death, determine when a food became contaminated, or figure out how and when a home insect infestation occurred. Prepare to delve into the world of forensic entomology, where you will discover how these tiny creatures contribute to the pursuit of justice.

The Right to Anger: Higher Education in Pursuit of Justice with a Vengeance

The Right to Anger: Higher Education in Pursuit of Justice with a Vengeance

In Pursuit of Justice: The Life of John Albion Andrew by Stephen D. Engle (review)

In Pursuit of Justice: The Life of John Albion Andrew by Stephen D. Engle (review)

Re-conceptualising the Theory of Justice and the Needs of Victims of Sexual Violence in Nigeria: an Appraisal of a Victim Centered Approach

Abstract Background In the 21st century, the recognition of the rights and needs of victims of sexual violence has emerged as a fundamental discourse within international, regional, and local policy agendas. This has been influenced by the lasting psychological, emotional, and physical effects of sexual violence on the victims. These commentaries and agitation have spurred the need for alternative ways in which the Nigerian criminal justice system can be strengthened by incorporating criminal justice mechanisms and interventions that would enhance the needs and interests of victims in accessing justice despite its adversarial system of justice. Methods This study aims to appraise the different mechanisms of justice, needs, and interests of victims of sexual violence through a theoretical lens and drawing lessons from South Africa and Australia. To achieve this work, a doctrinal research methodology that utilized existing literature and secondary sources such as textbooks and online websites was adopted. Results The study found that there is a need for accountability for the protection of victims, implementation of legislation, and scaling up of resources for effective support services. In addition, the absence of resources, effective monitoring and compliance institutions, monitoring reports, specialized courts, and special regulations hampers the implementation of a victim-centered approach. Among others, the study recommends an all-inclusive criminal justice mechanism that would further incorporate a victim-centered approach towards advancing the rights and quality of justice for victims of Sexual Violence and the need for a victim impact statement to our criminal justice system for cases of sexual violence. Conclusion The study concludes that there is a need to make provisions for more effective alternative responses to incorporate the justice interests and needs of victims of sexual violence.

STYLISTIC AND TECHNICAL CHARACTERISTICS IN VIOLIN SOLO CAPRICCIOS IN THE 20th CENTURY – KONSTANTIN G. MOSTRAS, GRAŻYNA BACEWICZ, STANLEY WEINER, AND JOAQUIN RODRIG

The history of the capriccio is relatively well studied. Based on historical documents, the term can be traced back to 1561, when in France this term was used to refer to madrigals and instrumental music, mostly for keyboard instruments of an improvisational nature. In violin literature, the genre of capriccio categorically begins with the extraordinary virtuoso discoveries of Pietro Antonio Locatelli. Today, the work of this original master is overshadowed by the fame of Paganini. Still, in the interests of justice, it is fair to admit that Paganini borrowed 90% of Locatelli’s achievements in bow technique and his discoveries are reduced only to: - Double flageolets in the left hand; - Guitar fretboard in the left hand, in which the thumb is also used to fix tones of G string; - The widespread use of the ricochet articulation in the right hand, though Locatelli contributed to this discovery.

Protecting the identity of Rape Victims and the Exceptions to This Protection

Protecting the anonymity of rape victims is crucial for upholding their dignity and mental health. The Bharatiya Nyaya Sanhita, 2023 (BNS), explicitly forbids revealing information that identifies victims of rape under Section 72(1), aiming to reduce their risk of trauma and societal stigma. Nonetheless, there are designated exceptions under Section 72(2), such as for investigative reasons or with the victim's approval, where disclosure may be permitted to balance the need for privacy with the pursuit of justice. Concerns arise regarding this section that permits law enforcement to disclose identities in "good faith," as it could lead to misuse. While revealing identities may facilitate investigations, it must be approached cautiously to prevent further harm to rape victims. This analysis evaluates the safeguards in place for protecting the identities of rape victims under the BNS while addressing the circumstances that allow exceptions, underscoring the necessity for enhanced protective measures in the form of oversight by senior police officers or the judiciary. However, distinguishing unintentional errors from intentional breaches of a rape victim's identity is essential for protecting a police officer committing mistake in good faith.

Design and Justice: A Scoping Review in Engineering Design

Abstract Our society faces complex social justice challenges, often exacerbated by existing engineered products and technologies. To avoid unintentionally contributing to social justice, engineering designers play a critical role in creating and studying products and technologies that can aim to address challenges of social injustice. There is a growing priority in the engineering design research community to incorporate justice into design and to do so meaningfully and intentionally. Therefore, there is a need to more deeply understand how scholars have integrated concepts of justice into design and to bring to light areas of future research. In this paper, we conduct a scoping review of design and justice in twelve scholarly venues relevant to the engineering design community. A scoping review allowed for a broad range of topics to be covered to identify major research themes and gaps, and to explore boundaries of the nascent study of design and justice. After searching the relevant venues, we conducted a thematic analysis to capture the major themes in the dataset of papers relating to justice and design. Along with relevant terminology used, we found that scholars connected justice to design in ways that we categorized into three main areas of design: Designers, Design Outcomes, and Design Process. Our analysis highlighted areas of future research in studying justice as relevant to Designers, Outcomes, and Processes, as well as identifying an overall call to redefine the field of design in the pursuit of justice.

The use of electronic evidence in the criminal process of foreign countries

It is emphasized that electronic evidence has become indispensable for criminal investigations and trials around the world. The importance of legal regulation of the criminal procedural form of digital technologies is emphasized. The improper nature of such regulation entails certain legal consequences, including the recognition of electronic evidence as improper or inadmissible. The experience of some foreign countries in the field of recognition and use of electronic evidence (the USA, Great Britain, the People’s Republic of China and the countries of the European Union) is analyzed. It has been proven that each state builds its own way and approach to incorporating such evidence into its legal systems depending on legal traditions, technological infrastructure and privacy considerations. From the analysis of procedural codes, it was noted that procedural science develops a theory of electronic evidence according to the industry principle. It is emphasized that they are based on common digital technologies, therefore this provides an opportunity to develop uniform cross­industry rules for the use of electronic evidence in any process. It was determined that in the Anglo-Saxon legal system there is no clear division of evidence into types. Evidence law is based on typical problem situations. The US legislation, which regulates the use of electronic evidence in the criminal process, is analyzed. It is noted that the condition for their acceptance is its authenticity and relevance to the case. It is noted that in the UK, all electronic evidence is subject to the same rules and laws that apply to documentary evidence. The legislation of the European Union, which regulates electronic evidence and allows to strengthen cooperation between member states in the field of using electronic evidence, is analyzed. It is emphasized that as states continue to adapt to the age of digital technologies, the development of a reliable legal framework and international cooperation will be essential to ensure the effective and fair use of electronic evidence in the pursuit of justice.

Intercept evidence from foreign language communications: Reliability and minimum standards in the interests of justice.

This paper explores the role of Intercept Interpreters/Translators (IITs) in law enforcement communication surveillance efforts. It focuses on the production and reliability of Translated Intercept Records (TIR), which are comprehensive written records in the target language that may be produced for intelligence purposes or for use in court as Translated Intercept Evidence (TIE). The paper underscores the critical importance of reliable TIR for both evidentiary use and operational decision-making. The authors emphasise the need to establish minimal standards in the quest for reliability and dispel the misconception that literal translations fulfil evidentiary requirements. The standards proposed in this paper aim to minimise interpretation errors to enhance the overall effectiveness of investigations and safeguard the interests of justice. The paper concludes by highlighting the need to align judicial expectations with sound translation practices.

'Are We Sure That He Knew That You Don't Want to Have Sex?': Discursive Constructions of the Suspect in Police Interviews with Rape Complainants.

Recent statistics reveal alarming flaws in the Criminal Justice System's (CJS) handling of rape cases, undermining the pursuit of justice for complainants seeking legal redress. This paper takes a novel approach to explore police rape stereotype use in interviews with rape complainants, utilising critical discourse analysis and conversation analysis and discursive psychology to understand and critique the balance of power within an interview and how this might impact attrition and prosecution decisions. Ten police interviews with rape complainants were analysed with several suspect discursive constructions present throughout, including the interviewer constructing the suspect as misunderstanding, the complainant as miscommunicating non-consent, or agentless and passive talk. A significant and original finding was the way constructions interacted with the spectrum of stranger-to-partner rapes. In stranger rape cases, passive language often obscures the suspect and emphasises the complainant's behaviour. Acquaintance rapes frequently involved misunderstandings centred on visible distress and mixed signals. Partner rapes highlighted issues around consent and coercion, with officers often ignorant of coercive control and domestic abuse. These findings align with Operation Bluestone Soteria (OSB); thus, the recommendations align with those made by OSB's Pillar One.

A Statutory Analysis of the Role of the Courts in Protecting Financial Consumers' Rights in the Zimbabwean Banking Sector: The Penelope Case in Context

Abstract The Zimbabwean banking sector has experienced several tumultuous challenges since 2000. This is owing chiefly to the political and economic challenges the country has experienced. Poorly conceived and ill-timed policies have also wreaked havoc in the Zimbabwean banking sector. Financial consumers have sometimes lost their savings to hyper-inflation or overnight policy changes in Zimbabwe. The change in currencies is a good example of how financial consumers have seen their deposits and savings at banks and other related financial institutions eroded to nothing. In 2018, the Reserve Bank of Zimbabwe (RBZ) issued a directive for all banks to convert all deposits made prior to October 2018 from the United States (US) dollar denomination to the Zimbabwean dollar (bond notes and coins). This was done on an exchange rate of one US dollar as to one Zimbabwean dollar, yet in reality, the local currency had been devalued. The RBZ directive left individuals and corporates reeling from exchange losses. The directive was akin to a heist and many people lost trust and confidence in the Zimbabwean banking sector. While many financial consumers suffered in silence, some decided to take their banks to court, demanding a reimbursement of their deposits in the currency in which they deposited or alternatively, the equivalent of the original deposit using the correct exchange rate. This article examines the role of the courts in upholding the rights of financial consumers in the Zimbabwean banking sector in the light of the Penelope case. It also discusses how the Zimbabwean courts could assist in preserving the sanctity of the bank-client relationship among banks and financial customers. In addition, the article explores the role of the courts in challenging unjust laws that affect financial consumers' investments in banks. The strengths and weaknesses of the Zimbabwean banking regulatory framework are further discussed to assess if it is robust enough to protect financial consumers. The article recommends that the courts should objectively set aside unjust laws in the interest of justice to enable banks and other financial institutions to honour their contractual obligations. Policymakers should not adopt poor policies that infringe upon financial consumers' rights. Keywords: Banking sector; consumer protection; financial consumer; deposits; exchange rate; courts.

Assessing Government Responsibility in Land Acquisition for National Strategic Projects

This study analyses the Government's responsibilities in implementing land acquisition in National Strategic Projects. This is qualitative research using a statutory approach, case and conceptual approaches. The primary legal materials resulted from relevant laws and legislation. The legal material collected is analysed prescriptively. The results showed that national strategic projects' land acquisition planning arrangements must be accommodated adequately and comprehensively. There are no land acquisition planning arrangements that accommodate justice, which has encouraged the creation of land acquisition conflicts. Research findings show that the Government's responsibility in acquiring land for National Strategic Projects is weak, and regulatory arrangements are unclear. Government responsibility still needs to be stronger and have strict legal regulations. Legal certainty for economic interests in National Strategic Projects is more dominant. At the same time, the Government has ignored the interests of law and justice for the affected communities.

The Importance of the Institution of Private Prosecution for the Protection of Victims of Domestic Violence

Introduction: the presented paper analyzes the scientific and practical literature on the preservation of private prosecution as an institution in criminal proceedings from the perspective of protecting the rights, freedoms, and legitimate interests of citizens involved in the sphere of domestic conflicts, as well as contributing to the prevention thereof. In this regard, the purpose of the study of this legal category is a comparative legal analysis of the theoretical and applied positions on the need to preserve private prosecution in criminal proceedings and the development of the most optimal ways to improve this institution in order to balance the interests of justice and take into account the interests of citizens in resolving criminal law conflicts arising on domestic grounds, as well as protecting victims of domestic violence. Methods: the methodological framework for the research is based on general scientific methods (dialectical, systemic, structural and functional, logical, etc.) and specific scientific methods (formal legal, comparative law, etc.). Results: the problem of the insufficient effectiveness of private prosecution in protecting the rights, freedoms, and legitimate interests of citizens should be solved not by abandoning this institution but by simplifying legal proceedings and broadening the powers of a justice of the peace, including granting him the right to give instructions on the conduct of certain investigative actions by the body of inquiry. Subject to the foregoing, the institution of private prosecution as a way of protecting individual rights not only has the right to exist but also organically fits into the domestic criminal procedure system. Conclusions: in the fight against domestic violence, the efforts of the state should be focused on eliminating its causes, and abandoning the institution of private prosecution or leaving it unchanged does not correlate with these tasks. It is inappropriate to make the effectiveness of combating domestic violence dependent on the elimination or preservation of the institution of private prosecution. It should be recognized that a set of legislative, organizational, and methodological measures is required aimed at countering and eradicating such a social phenomenon.

Pretrial Determination of Suspects in Corruption Cases: A Critical Analysis of Judge Sarpin Rizaldi's Decision and Its Implications for Combating Corruption in Indonesia

The pretrial decision in the BG case (No. 04/Pid.Prap/2015/PN.Jkt.Sel) represents a pivotal moment in Indonesian legal history, significantly impacting the landscape of pretrial mechanisms and the balance of power in law enforcement. This research delves into the implications of this landmark decision, examining its role in expanding the scope of pretrial authority to include the review of suspect designations, a move that has since been codified through amendments to the Criminal Procedure Code. The study further explores the decision's emphasis on upholding the presumption of innocence, a fundamental human right often overlooked in the pursuit of justice. Additionally, the research scrutinizes the decision's impact on the authority of the Corruption Eradication Commission, highlighting the need for a delicate balance between robust law enforcement and the protection of individual rights. By analyzing legal documents, scholarly literature, and the socio-political context surrounding the case, this research provides a comprehensive understanding of the decision's transformative effect on Indonesia's legal system and its broader implications for the fight against corruption.

Justice for institutional child abuse survivors: Comparing views from survivor and non-survivor led advocacy groups

BackgroundHow victims and survivors of non-recent institutional child abuse – and the advocacy groups that support them – conceptualise justice has become a central concern for policy makers designing redress schemes. ObjectivesThis study aimed to explore articulations of justice by two types of advocacy organisations in Australia – survivor and non-survivor led groups – by examining transcripts from public hearings of the Australian Royal Commission into Institutional Responses to Child Sexual Abuse. Participants and SettingHearings held in 2015 for Case Study 25: Redress and Civil Litigation were analysed. The analysis focuses on five survivor led groups and 13 non-survivor led groups. MethodsUsing a framework adapted from Daly (2014, 2017), qualitative content and thematic analysis was used to analyse transcript data to identify “survival needs” and “justice interests”. ResultsFor survivor led groups, validation was the most frequently coded justice interest, while for the non-survivor led groups, the category of survival needs was the most frequently recorded element. ConclusionsAdvocacy groups contribute highly valuable insights and perspectives to redress consultation and design processes. A key justice interest emphasised by survivor led groups was the need for public acknowledgement of how offending institutions wield power, both in the abuse of children and in the subsequent strategies employed to ensure survival of the institution and avoid justice processes. For non-survivor led groups, communicating their professional expertise about what victims and survivors need from a redress scheme was paramount.

Examining Fictional and Non-Fictional Judicial Mechanisms in Harper Lee’s To Kill a Mockingbird

In the heart of Harper Lee's „To Kill a Mockingbird,” set against the American Deep South's complex tapestry during the 1930s, lies a profound exploration of judicial mechanisms, both fictional and non-fictional. This novel, transcending mere storytelling, becomes a lens through which the intricate interplay of racial tensions, societal constructs, and ethical dilemmas are scrutinized. Within its pages, the courtroom is not just a setting for legal battles but a vivid symbol of Maycomb's tumultuous sociocultural landscape. This paper ventures into the depths of Lee's narrative to unravel the complex dialogue between the idealistic pursuits of justice and the harsh realities of ingrained prejudice. Through an English as a Foreign Language (EFL) or English for Specific Purposes (ESP) teaching lens, this analysis will highlight the courtroom scenes’ educational potential, emphasizing their value in fostering critical thinking, cultural awareness, and moral reasoning in a global learning context.