Judicial 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.

Why Would a Government Establish a Strong Police Oversight Agency? A “Genetic and Diffusion” Perspective

ABSTRACT Why would a government introduce a strong external oversight mechanism over its own administration? Independent Police Oversight Agencies (POAs) have been established to better protect human rights. Using a novel data set of 27 POAs, we examine two dimensions of their strength: de jure and de facto independence. Their best predictors are the de jure independence of judges or prosecutors, the budget of the judicial system, and the push by the international environment. This lends support to a “genetic-and-diffusion” model for explaining the strength of POAs combining two logics (genetic/culture and diffusional/tactical) operating at two levels (national and international).

Judicial Activism and Governance: A Comprehensive Analysis of Constitutional Principles

The research examines the evolving role of the judiciary in shaping and influencing public policy, emphasizing the delicate balance required to maintain the separation of powers while ensuring effective governance. The study encompasses a broad spectrum of constitutional doctrines and judicial decisions to provide a comprehensive understanding of the dynamics between the judiciary and the other branches of government and it also acknowledges the potential benefits of judicial activism in addressing societal issues. It not only helps in protecting fundamental rights but it also scrutinizes the concerns surrounding overreach and the erosion of democratic principles. A central focus of the paper is the intricate relationship between judicial review and the separation of powers. The analysis evaluates how judicial activism can serve as a check on the legislative and executive branches, ensuring that constitutional rights are safeguarded. However, it also underscores the need for judicial restraint to prevent the judiciary from encroaching on the policymaking domain reserved for elected representatives. The paper discusses the evolving nature of constitutional interpretation and the potential impact on governance, with a specific emphasis on how judicial decisions can influence the legal landscape and societal norms. Furthermore, the analysis considers the role of judicial activism in addressing contemporary challenges such as social justice, environmental protection, and technological advancements. In conclusion, this comprehensive analysis provides a nuanced understanding of the relationship between judicial activism and governance, emphasizing the importance of striking a balance that upholds constitutional principles while respecting the roles of the other branches of government. The paper contributes to the ongoing discourse on the evolving nature of judicial power and its implications for effective and accountable governance within a constitutional framework.

THE SIGNIFICANCE OF DECREES ADOPTED IN THE ESTABLISHMENT OF THE SOVIET COURT SYSTEM IN TURKESTAN

This article provides information about the reforms in the judicial system as a result of the socio-political processes that took place in Turkestan in the first quarter of the 20th century and the decrees adopted by the Soviets as a result of replacing the old judicial system with a new one and their historical significance.

Public confidence towards judiciary court: An empirical study in Bangladesh

The judiciary is the most significant component of the criminal justice system, which ensures the legal rights of citizens and is strongly linked to public confidence. The judiciary system of Bangladesh is ineffective and inadequate in safeguarding citizens' rights, highlighting the need for the building of trust between citizens and the judiciary system. The main objective of this study was to explore the nature of public trust in the judiciary system in Bangladesh. Moreover, it also identified the entire public perception of the judicial system, which influences public trust in the judiciary. The study was quantitative in nature which followed the survey method, and the data was collected from 52 respondents. This study found that around 63.5% of the participants expressed a negative perception regarding the court's integrity and meticulousness in dealing with people. At the same time, specifically 38.5% who agreed and 48.1% who strongly agreed, believe that corruption has a substantial impact on the level of public confidence in the judiciary court system. Additionally, 51.9% of the respondents believed that unfriendly behavior has an impact on the level of public confidence in the judiciary court system. Most importantly, the majority of respondents (76.9%) assess the courts' performance in ensuring responsibility as either low (53.8%) or average (23.1%). Finally, this study suggests that the government and concerned authorities should take proactive measures to enhance public confidence in the justice system.

UNDERCOVER AGENT: AN ANALYSIS OF THE STJ'S JURISPRUDENTIAL UNDERSTANDINGS BETWEEN 2009 AND 2024

Objective: This study aimed to understand the understandings present in the case law of the Superior Court of Justice on the practical application of the institute of infiltration of agents in Brazilian law. Methodology: To this end, the study was characterized as a descriptive research, with a quantitative and qualitative approach, which materialized a documentary research that allowed a jurimetric analysis and the content of 30 judgments handed down between the years 2009 and 2024, on the subject. Results: As results, in addition to jurimetric information that allowed a glimpse of temporal aspects of the decisions and the raising of brief hypotheses on the application of the law of criminal organizations and the performance of the panels and sections of the STJ, it was found that the court consolidated understandings around: a) the practical application of the institute of infiltration of agents; b) on the jurisdictional limits of the analysis on the validity of the evidence produced by the infiltration of agents; c) regarding the validity and possibilities of using the institute of infiltration of agents; and, d) on the use of the undercover agent institute in view of the possibility of producing other means of evidence. Conclusions: The study presented a relevant compendium of understandings that contributes to the understanding of the institute and its practical application by security agencies and the judicial system.

El malestar en el trabajo con gafas violeta: significados sobre el ausentismo laboral por motivos de salud mental en funcionarias del poder judicial chileno

In this article, we delve into the meanings of mental health leave among female judicial branch employees in Chile. Using a qualitative and critical approach, we explored the workers’ subjective experiences of discomfort in paid work and emphasize the importance of examining this phenomenon from a gender perspective. We argue that sick leave pertains not only to protecting physical health, but it is also a socially constructed instance of self-care and a refuge against power asymmetries and gender violence in workplace dynamics. Finally, we propose a critical approach to the conceptualization of biomedical and individual parameters of workplace wellbeing, thus fostering new narratives against depoliticization in a scenario of increasing psychiatrization of society.

Could the Decisions of Quasi-Judicial Institutions be Predicted by Machine Learning Techniques?

Abstract This study investigates the extent to which the conclusion of a decision can be predicted from other parts of the decision from quasi-judicial institutions using machine learning. Predicting conclusions in quasi-judicial bodies poses unique challenges and opportunities because the case pool is smaller and less diversified than that of judicial bodies. The European Committee of Social Rights (ECSR), one of the quasi-judicial organizations, was chosen as the research’s focus point to address this difficulty. All ECSR decisions on collective complaints are used as data and analysed using four distinct machine-learning methods. Despite the limited data from fewer rulings by quasi-judicial entities such as the ECSR, the analysis correctly predicts their conclusions with reasonable accuracy. It is suggested that applications for collective complaints can be made more effective, efficient, and successful by picking the model with the highest prediction accuracy using machine learning techniques.

The Phenomenon of Model Legislative Acts of the Interparliamentary Assembly of the Commonwealth of Independent States in Decisions of Courts of the Russian Federation

This study is focused at studying decisions of courts of the Russian Federation, containing references to model legislative acts and other documents of the Interparliamentary Assembly of the Commonwealth of Independent States (hereinafter referred to as the IPA CIS).Aim. Determine the types of appeals by courts of the Russian Federation to the texts of the recommendatory acts of the IPA CIS, adopted for the purpose of forming and implementing coordinated legislative activity on issues of common interest to the member states of the organization.Tasks. Collect and study acts of the Constitutional Court of the Russian Federation, the Supreme Court of the Russian Federation, as well as the system of federal courts of general jurisdiction and arbitration courts headed by it.Methods. The disclosure of the main trends in the courts’ resort to model laws and other documents of the CIS IPA occurred according to the following criteria: level and type of court that adopted the decision; the entity on whose initiative the appeal to the model act of the CIS IPA took place, as well as the consequences of the initiative on the part of the applicant or other participant in the process; the meaning (variant of manifestation) of the model document in the court ruling.Results. The study showed that courts at all levels of the judicial system of the Russian adopted decrees, rulings and decisions adopted in constitutional, civil, criminal and administrative proceedings, the content of which included references to model legal provisions. The initiative to use model legal norms came both from the court and from other participants in the process.Conclusion. The court decisions collected for the study presented different options for the use of model laws and other documents of the CIS IPA by courts, which provides grounds for redetermination of the nature of model legislative acts of the CIS IPA.

Enhancing investment attractiveness in wartime: a comprehensive analytical approach

The study focuses on analyzing the changes in investment attractiveness during wartime, when certain regions are occupied or destroyed, some enterprises are non-operational due to damaged production facilities, there is a significant outflow of labor force, and energy issues arise. The core issue of the study lies in the necessity of considering the complex political and economic situation’s impact on Ukraine’s investment climate. This requires developing more adaptive assessment methods that can account for both economic and socio-political risk factors. In such circumstances, reliable data is hard to obtain, which prompted the goal of substantiating the factors that characterize the country’s investment attractiveness. To provide a comprehensive assessment of investment attractiveness, an integrated indicator is proposed, which combines data reflecting investment attractiveness, including indices calculated by leading global organizations. The analysis includes such indices as the Innovation Development Index, the Corruption Perception Index, and the Judicial System Index. As a result, an average value of the changes was calculated, showing a comprehensive shift in the indicators related to investment attractiveness. The analysis using the integrated indicator demonstrated that investment attractiveness has decreased by 10 % during the war, but certain indicators, such as the Corruption Facilitation Index and the Judicial Index, have actually improved during the war. The results obtained can be used to develop risk management strategies for both international and local investors. They can also serve as a basis for creating recommendations for improving the investment climate, which in turn can attract capital and stimulate economic growth under challenging conditions

Penerapan Konsep Plea Bargaining Dalam Sistem Peradilan Pidana Terpadu Di Indonesia

Introduction: The principle of simple, fast and low cost justice is a principle in the Indonesian judicial system that requires the implementation of law enforcement to be able to provide protection and legal certainty in the judicial process. The plea bargaining system is one of the alternatives that can be used to overcome the burden of cases in court and realize the principle of simple, fast and low cost justice as a principle in the Indonesian criminal justice system optimally.Purposes of the Research: The purpose of this paper is to review and analyze the application of the plea bargaining system and the obstacles in the application of the plea bargaining system in the Indonesian justice system.Methods of the Research: The method used in this writing is normative juridical with a statutory approach, comparative approach, and concept approach.Results of the Research: Based on this paper, it can be concluded that plea bargaining system is a part of criminal justice system that is developed and maintained by many countries up to now, both countries with common law system and countries with civil law system. Plea bargaining system is a system that has not been recognized in the Indonesian judicial system, however, this system can be a solution to the problem of accumulation of cases in the courts, the implementation process must be carried out comprehensively, and adjustments need to be made to the Indonesian criminal justice system so that it can be implemented and implemented optimally and effectively.

Case Law and the Principle of Freedom of Judicial Power in the Law Finding by Judges

Case Law and the Principle of Freedom of Judicial Power in the Law Finding by Judges

A IMPERATIVIDADE DA TEORIA DO DESESTÍMULO EM SERVIÇOS DEFEITUOSOS: UMA ANÁLISE DA JURISPRUDÊNCIA DAS TURMAS RECURSAIS DO JUIZADO ESPECIAL CÍVEL DO ESTADO DO AMAZONAS

The paper explores the concept of moral damage, highlighting its compensatory, punitive, and preventive functions, with a focus on the application of the deterrence theory in cases of defective services within the Brazilian legal context, particularly in the Special Civil and Criminal Courts of Amazonas. It analyzes the historical development of consumer rights and the role of Special Courts in promoting swift and accessible justice, emphasizing the importance of transparency, good faith, and equity principles in consumer relations. The research employs a doctrinal and jurisprudential approach to demonstrate the effectiveness of deterrence theory as a tool to curb harmful practices and alleviate the judicial system, fostering a fairer and more responsible business environment. The study concludes that the strict application of punitive damages significantly contributes to the protection of consumer rights, strengthening the civil liability system and social justice in Brazil.

Procedural Efficiency and Regional Development: The Impact of the Restructuring of Tax Execution in the Court of Justice of the State of Goiás

Objective: The objective of this study is to investigate the impact of the restructuring of tax enforcement in the Court of Justice of the State of Goiás (TJGO), with the aim of analyzing how the implementation of the Efficient Tax Enforcement Project contributes to reducing procedural congestion and promoting regional development between 2017 and 2022. Theoretical Framework: The Theory of Procedural Efficiency stands out, which addresses the importance of speed and effectiveness in the provision of jurisdiction, Dejudicialization, related to the resolution of conflicts outside the judicial scope to improve process management, and Sustainable Regional Development, which analyzes the impact of judicial practices on socioeconomic development. Method: The methodology adopted for this research comprises a qualitative approach, based on the documentary analysis of reports and regulations of the Court of Justice of the State of Goiás (TJGO) and the National Council of Justice (CNJ). The study focuses on the restructuring of the 1st Tax Enforcement Court of Goiânia and its impacts. Data collection was carried out through the analysis of official documents, such as resolutions, management reports and procedural statistics, complemented by a literature review related to dejudicialization and procedural efficiency. Results and Discussion: The results obtained revealed a significant reduction in the processing time of tax enforcement proceedings in the 1st Court of Goiânia, contributing to dejudicialization and improved procedural efficiency. In the discussion section, these results are contextualized in light of the theoretical framework, highlighting the relationships between procedural efficiency and regional development. Discrepancies in the data and limitations, such as the dependence on official reports, are also proven. Research Implications: The efficiency of the judicial system directly influences Sustainable Regional Development. In this sense, it is essential to understand how the restriction of tax enforcement in the TJGO can serve as a model, balancing procedural agility and regional strengthening, expanding access to justice and promoting an environment conducive to development. Originality/Value: This study offers a unique analysis of the impact of restructuring tax enforcement on regional development, highlighting practices of the Court of Justice of the State of Goiás (TJGO) that increase procedural efficiency and access to justice as a reference for other jurisdictions.

Los terceros interesados ante la Corte Interamericana de Derechos Humanos: una inclusión necesariaInterested third-parties before the Inter-American Court of Human Rights: a necessary inclusion

Abstract Unlike the European and African systems, the Inter-American human rights system entirely excludes the participation of interested third parties in proceedings before its judicial body, the Inter-American Court of Human Rights. This article argues that the reasons typically given to justify this exclusion are insufficient —at least on their own— to fully justify the exclusion of third-party interventions. Furthermore, the article contends that this exclusion poses challenges to both due process and the institutional capacities of the Court, particularly in a context where the Court is tasked with addressing highly polycentric problems. The article suggests re-evaluating the exclusion of interested third parties, which should lead to a reform of the Court’s Rules of Procedure. Finally, it explains that this proposal is consistent with certain trends developed by the Court in recent years.

Intermediate Appellate Courts and the Doctrine of Precedent: Lendlease Corporation Ltd v Pallas

The High Court of Australia appeal in Lendlease Corporation Ltd v Pallas raises a novel question of precedent: what approach should an intermediate appellate court (‘IAC’) take when faced with competing IAC authorities? The cases reveal that different approaches have been adopted: deferring to the home jurisdiction, favouring the most recent decision, and approaching the issue afresh. The principled answer to this question must be informed by the modern concept of a single Australian common law and the corollary rule that an IAC should not depart from a decision of another IAC on an issue of national operation unless convinced that the earlier decision is ‘plainly wrong’. It is argued that if Court B has found a decision of Court A to be plainly wrong, should the issue come before Court A again for determination, it is not open for Court A to defer to its previous decision or consider the matter afresh. In an integrated judicial system of equals working together to achieve a common goal, consistency demands that Court A give heightened deference to the decision of Court B.

Prisión Preventiva en Chile: Presión de la Gestión del Tiempo y Estandarización

The use of pre-trial detention in Chile is widely debated. Chilean legal scholars, for the most part, have advocated a restrictive interpretation. Despite this, empirical research studies on the use of pre-trial detention in Chile has revealed an increase in its use during the last decade and the development of standardized working strategies in judicial decision-making in this institution. To date, we lack in-depth analysis of the practice of this standardization and its specific relationship to pre-trial detention decisions. Based on non-participant observation of hearings and interviews with judges, prosecutors and defense attorneys in courts in the Araucanía and Bio-Bio regions, this article presents an empirical analysis of the application of pre-trial detention in Chile. In particular, how does the standardization of judicial practices influence the way decisions on pre-trial detention are made in Chile? The research study focused on the bureaucratic management of time from a socio-legal perspective. It finds that, in the face of time pressures, courts have adopted specific strategies to organize hearings, generating different types of hearings, each with its own speed and logic of standardization. The article emphasizes the need for a detailed and empirical exploration of the processes of bureaucratization within the judicial system and the tangible impacts these processes have on the fairness of access to justice.

The Impact of Political Interference on the Judiciary: India Vs. Pakistan

This paper investigates the significant effects of political interference on the judiciary in India and Pakistan, two countries with a common colonial history but differing paths since gaining independence. The judiciary serves as a fundamental pillar of democratic governance, designed to function independently while protecting the rule of law and upholding constitutional rights. Nevertheless, in both nations, political influences have notably affected judicial operations, compromised judicial independence and eroding public confidence. Through a comparative examination, this study highlights important historical moments, landmark rulings, and constitutional frameworks that demonstrate the degree and nature of political interference within both judicial systems. In India, such interference has emerged through executive control over judicial appointments and crises, notably during the Emergency period from 1975 to 1977. In contrast, Pakistan's judiciary has experienced direct meddling from military governments and political authorities, frequently rationalized by the contentious Doctrine of Necessity. Additionally, the paper investigates how the judiciary has responded to these interferences, including instances of judicial activism and civil society initiatives that promote judicial independence, such as the Lawyers' Movement in Pakistan. Ultimately, this research emphasizes the urgent need for strong protections to ensure judicial independence, bolster public trust in the judiciary, and maintain democratic principles in both countries. By highlighting the comparative experiences of India and Pakistan, this study aims to enrich the broader discussion on judicial independence in South Asia.

AS DIFICULDADES DA EFETIVA IMPLANTAÇÃO DO JUIZ DE GARANTIAS NO JUDICIÁRIO BRASILEIRO

The Law 13.964, of December 24, 2019, known as the Anti-Crime Package, introduced into the current Brazilian Code of Criminal Procedure the institution called the judge of guarantees, aiming to provide greater impartiality in judgment throughout all phases of criminal prosecution, as there will be one judge for the inquisitorial phase (police/investigation) and another judge for the procedural phase, thus improving the accusatory system in the legal framework. This institution gained special prominence after the judgment by the Supreme Federal Court (STF) of the four Direct Actions of Unconstitutionality (ADIs 6298, 6299, 6300, and 6305). From these rulings, it was defined what is constitutional and what is unconstitutional in Law No. 13.964/2019, as well as being considered a mandatory rule establishing a deadline for the implementation and operation of the judge of guarantees throughout the country. The issue to be analyzed will be whether the Brazilian legal system is prepared for the implementation of the judge of guarantees? The general objective will be to understand the structural, budgetary, and staffing difficulties, as well as the legislative competence dialectic regarding the implementation of the judge of guarantees in the Brazilian judicial system, for its effective implementation within the deadline established by the Supreme Federal Court. The specific objectives are to assess the obstacles and difficulties in the physical structures of courts and judicial divisions, point out budgetary difficulties, and the challenges related to the number of court and division staff. The methodology will follow the deductive method, using bibliographic research, with an exploratory objective, qualitative approach, basic nature, and systematic literature review, encompassing academic articles, books, and legal documents.

Yakovlev’s law

The article is devoted to the Soviet and Russian statesman, legal scholar, Corresponding Member of the Russian Academy of Sciences, Doctor of Law, Professor, Honored Lawyer of the RSFSR Veniamin Fedorovich Yakovlev. The paper presents the main stages of life and work of the statesman and scientist, as well as reveals his contribution to the development of Civil and Constitutional Law, the construction of a system of arbitration courts in the Russian Federation. The main attention is paid to scientific activities on the development of the law on cooperation, the preparation of a regulatory framework for the democratization and reform of the economy of the Soviet Union, as well as the development of a fundamentally new system of arbitration courts of the Russian Federation for our country. The contribution of V. F. Yakovlev to the preparation of the draft of the Constitution of Russia and the Civil Code of the Russian Federation is revealed.