Judicial Personnel Research Articles

The communication language and the fair trial in Cameroon

This paper deals with the incidence of communication channels treatment during court proceedings in a multilingual context like Cameroon. On the one hand, I will defend on the one hand the idea according to which the unbalanced treatment enshrined in the constitution, which confers preferential treatment to the so-called official, but imported languages and a marginal role to other local languages termed as national as well as other means of expression, affects the communication before courtrooms. The use of the former is reserved for an elitist minority group while that of the latter for a majority illiterate group. On the other hand, there has been an effort on the part of the state to curb this discrimination through the linguistic assistance. But still, there are challenges that confirm the legitimate fears of litigants, better lay-litigants of violation of their rights of access to justice and fair trial at large. The paper then suggests to the State to enhance the promotion of national languages, to emphasize on the training of judicial personnel and public awareness.

Perlindungan Hukum Terhadap Hak Kekayaan Intelektual Hak Cipta dalam Perspektif Hukum Pidana

Indonesia is a country of law, not a country of power. This declaration is clearly explained in Article 1 paragraph (3) of the 1945 Constitution. As a constitutional state, Indonesia has a number of legal provisions. One of the provisions of this law is copyright law. Meanwhile, copyright actually falls within the scope of the Intellectual Property Rights (IPR) Law. This research uses many approaches, including a legal approach which is carried out by examining all legal provisions relating to the legal issues being studied. Apart from that, the conceptual approach also deviates from the perspectives and theories developed in legal science. One of the common obstacles is weak law enforcement against copyright infringement. This is caused by various factors, including a lack of human resources, technology and budget for copyright enforcement. In addition, courts continue to face obstacles in handling copyright infringement cases, including judges' limited knowledge of copyright and a lack of evidence. It can be concluded that copyright law enforcement in Indonesia still faces several problems, such as weak supervision and inefficient law enforcement. This has an impact on the number of piracy cases that occur in Indonesia. To increase the application of criminal sanctions for copyright infringement, the Indonesian government needs to strengthen law enforcement and provide education and training to judges and other judicial personnel.

An Empirical Study of Portrait Rights on Emotional Evolution in Virtual Social Scenarios by Transformer and Cloud Computing

Facial expression recognition technology can improve the possibility of fugitives and persons subject to execution being discovered by public security and judicial personnel in the virtual world, thereby improving the actual effectiveness and credibility of the law. There may also be a risk of portrait rights infringement with this technology, and the user of the technology needs to inform the person whose facial expression is being extracted in advance and obtain permission. With the rapid progression of deep learning and artificial intelligence, 3D facial expression modeling has garnered increased significance in computer vision and graphics. We propose an innovative approach combining Transformer models with cloud computing to simulate facial expression evolution in virtual social environments. Leveraging Transformer-based feature extraction, our model integrates emotional cues from various modalities to accurately capture subtle changes over time.

Sentiment analysis of Canadian maritime case law: a sentiment case law and deep learning approach

Historical information in the Canadian Maritime Judiciary increases with time because of the need to archive data to be utilized in case references and for later application when determining verdicts for similar cases. However, such data are typically stored in multiple systems, making its reachability technical. Utilizing technologies like deep learning and sentiment analysis provides chances to facilitate faster access to court records. Such practice enhances impartial verdicts, minimizing workloads for court employees, and decreases the time used in legal proceedings for claims during maritime contracts such as shipping disputes between parties. This paper seeks to develop a sentiment analysis framework that uses deep learning, distributed learning, and machine learning to improve access to statutes, laws, and cases used by maritime judges in making judgments to back their claims. The suggested approach uses deep learning models, including convolutional neural networks (CNNs), deep neural networks, long short-term memory (LSTM), and recurrent neural networks. It extracts court records having crucial sentiments or statements for maritime court verdicts. The suggested approach has been used successfully during sentiment analysis by emphasizing feature selection from a legal repository. The LSTM + CNN model has shown promising results in obtaining sentiments and records from multiple devices and sufficiently proposing practical guidance to judicial personnel regarding the regulations applicable to various situations.

Functioning and challenges of Juvenile Justice Board

The presented research paper, which is based on the title 'Functioning and Challenges of Juvenile Justice Board', is dedicated to such great personalities in the interest of children's justice who have important interest and role in the field of juvenile justice, hence the book is In order to make the research paper as useful as possible, the model has been adopted, under which an effort has been made to present the procedures of Juvenile Justice in simple language, along with many experienced learned advocates, Juvenile Justice Board Farrukhabad and the Bench - The experiences of the Child Welfare Committee Farrukhabad were specifically shared, in the research paper the general working methods of working in the Juvenile Justice Board along with the challenges faced on its practical side were made aware, and the parallel second unit of the Board, the Bench-Child Along with the practical aspects of the Welfare Committee which plays an important role in the field of care and protection of children, some general information about the Juvenile Justice (Care and Protection of Children) Act-2015 was also given place. Knowledge of which is necessary for every person who is involved in the judicial field of juvenile justice in any capacity, whether they are advocates, judicial personnel or police department, it is very important for everyone to have it. In the absence of this, one can do better in juvenile justice. The role cannot be expected.

Study on the Correctional Treatment of Juvenile Delinquency and Social Work Intervention Mechanisms in China

Based on specific analyses of cases of juvenile delinquency, it is found that the reasons why minors commit criminal acts are to a large extent related to their own special psychology, and that correcting minors for their special psychology and guiding them towards a healthier, more positive direction is of significant value to the effective education of juvenile delinquents. At the present stage of analysis, crime correction is no longer the exclusive responsibility of judicial personnel, but social workers and volunteers can also actively join in, and their participation will make the actual effect of juvenile crime correction significantly better. The article analyses the corrective treatment of juvenile delinquency and the involvement of social work, with the aim of better preventing juvenile delinquency in the future and enabling them to embark on the right path in life.

Court Accommodations for People With Aphasia (1915–2021)

Purpose: Ensuring effective access to justice for persons with disabilities on an equal basis with others may include the provision of reasonable and appropriate accommodations or modifications to the court process. The major barriers facing people with aphasia when accessing court may be more about accessing information about the law and the communication and language barriers while interacting with the court and judicial personnel. This study aims to determine what accommodations to the court process are reported when people with aphasia access the U.S. court system. Method: Using the LexisNexis and Google Scholar case law databases, a systematic review of all U.S. court cases (1915–2021) documenting aphasia/dysphasia revealed 1,295 case reports, excluding duplicates. After elimination for exclusion criteria, 389 were searched for accommodation/modification, resulting in a total of 15 cases being identified. Data software was used to identify aphasia description, health professionals, and accommodations provided. Quantitative descriptive statistics are provided and exemplified with quotes. Results: Accommodations to allow greater participation for people with aphasia were rarely permitted. Analysis revealed limited descriptions of aphasia and demonstrated that the court, the judge, or psychologists determined modifications with no speech-language pathology input. Accommodations reported related to modifications to the court proceedings, questioning, alternative responses, presence of a support person, and preparation for the trial. Conclusions: People with aphasia are at continued risk of being unable to access and participate in the court system without appropriate accommodations. Based on these findings and disability literature, a preliminary provisional list of accommodations and modifications relevant to people with aphasia is presented. The aim of this list is to expedite and promote the use of courtroom accommodations for these individuals.

РЕГИОНАЛИЗАЦИЯ, АДАПТАЦИЯ И УКОРЕНЕНИЕ ПОРЕФОРМЕННОЙ ЮСТИЦИИ НА ОКРАИНАХ РОССИЙСКОЙ ИМПЕРИИ

The extent to which the 1864 judicial reforms were successful is a topic of ongoing debate, particularly in relation to the Empire’s periphery. Some scholars argue that the reforms were a failure, leading to the dismantling of established local judicial systems, inconsistency with the multicultural context, and alienation of the population from the new justice system. However, there are also arguments in favor of the reforms, focusing on the adaptation of the new justice system to local communities and the stabilization of judicial personnel in the regions. The article explores the processes of regionalization and integration of the new imperial judicial and legal institutions, specifically in the western borderlands and Transcaucasia. The analysis of sources reveals the regional stabilization of the justices of the peace courts personnel, with an increasing number of local natives becoming judges. The study investigates the role of honorary judges in incorporating traditional elites and ensuring representation of ethnic and religious groups. The article also examines the involvement of various intermediaries in the processes of mutual accommodation between the new justice system and local communities. The interaction between post-reform courts and local estate, ethnic and confessional judicial institutions is discussed. The conclusion assesses the dynamics of judicial activity of the population of the peripheries of the empire. It is pointed out that the interaction between local communities and post-reform imperial justice grew significantly.

법관의 부동성(不動性) 원칙과 공판중심주의

Under the Korean Supreme Court Personnel Order, a regular transfer of judges to different jurisdictions is effected at preset terms. This practice is highly unusual and although the practice was undoubtedly a measure in securing a more sound legal system, troubling side effects have occurred. Two prominent examples include the undermining of the right of a citizen's right to a speedy trial and a weakening of the public trial principle. Changing judges during a trial is akin to changing an umpire during a sporting event. The practice is not only inefficient but places an unfair burden on the parties to reestablish their case anew before a new judge. This is an example of why most countries ensure the principle of judge immobility wherein judges are not moved to new jurisdictions nor promoted without consent. The public trial base principle maintains that a judge's decision in rendering a guilty or not guilty verdict should be formed mainly in the open courts. This principle includes the principle of direct evidence investigation, concentration of trial procedure, and public trials among others. In the past, Korea criminal procedure had depended largely on the principle of protocol trials, wherein a decision was largely based on the investigating agent's protocols. In an effort to correct the possible biased nature of the practice, the public trial base principle has hence been increasingly emphasized. When there is a change in the presiding judge, it is extremely difficult to ascertain the reasoning formed through the former trial procedure in rendering a guilty or not guilty decision. Even if the evidence is reinvestigated according to the renewal procedure of the trial, there are limits to what can clearly be reestablished. As a result, frequent changes in the trial bench are tantamount to practically undermining the public trial base principle. To ensure a citizen's right to a fair and speedy trial and successfully establish the public trial base principle, the principle of judge immobility must be guaranteed. This should be effected not merely as a judicial personnel policy but as a principle in securing the constitutional right of the victim as well as the defendant and in keeping with due process. There are two options to introduce the principle of judge immobility: a comprehensive approach or a gradual introduction. Should the latter be adopted, it should first be introduced at the district court level. Further, in facilitating the preliminary trail procedure and the public trial base principle, the introduction of a vice-judge appointing system would be highly beneficial. There has been an increasing delay in the trial procedure of major trials. It is high time to guarantee the principle of immobility of judges to ensure the right of citizens to receive fair and speedy trials and to further solidify the public trial base principle in our legal systems.

Civil and Commercial Jurisprudence Observations on Intelligent Social Governance

Abstract The purpose of civil and commercial jurisprudence observation is to realize the intelligent and innovative development of social governance and to improve the efficiency of related cases. This paper develops a civil and commercial jurisprudence case information analysis system that utilizes MVC architecture and intelligent technology. The BERT pre-training model and self-training model are combined for the construction of a civil and commercial jurisprudence legal information extraction model, which helps judicial personnel understand the scope of civil and commercial jurisprudence cases in the process of social governance. Then, the ILJP is used as the basis to combine the fact encoder, the element predictor and the legal cause predictor to carry out the construction of the interpretable legal cause intelligent research and judgment model, which provides an intelligent research and judgment program for the civil and commercial jurisprudence social governance cases. The effectiveness of the civil and commercial law case analysis system is an important guarantee to enhance intelligent social governance, so this paper carries out a test and analysis of its intelligent algorithm and system performance. The results show that the legal information extraction model tends to stabilize after the first 15 iterations of training, and its validation loss value is around 0.173, and the training loss value of the model is around 0.008 when the training of the intelligent research and judgment model reaches 200 rounds. When the information analysis system of civil and commercial law cases reaches 1,000 concurrent users, the average response time of each logical operation does not exceed 3s, and the occupancy rate of CPU and memory resources is over 30%. The information age needs to fully combine technology and social governance in order to deeply mine the information of civil and commercial jurisprudence related cases, improve the efficiency of social governance, and innovate the intelligent development of social governance.

Research on Recognition Standards of Destructive Programs in Digital Crime

Destructive programs in computer network systems have become the leaders in digital crime in contemporary society. However, the current laws for judicial recognition of destructive programs are not yet clear enough, and judicial personnel still need to combine their own experience to efficiently judge whether criminals use destructive programs to conduct internet Crime. This article will use the case study method, based on the case of Zhang Chaojies destruction of a computer information system, combined with document collection and empirical analysis, and analyzing the recognition dilemma, reasons and improvement measures of destructive programs with specific reference to 100 typical cases of destructive program crime in conjunction with legal interpretation, and the empirical results show that there are many types of destructive programs, so their concepts and identification procedures should be clearly defined.

Guarantees for the exercise of the constitutional right of access to justice

Through the dialectical method and the study of the doctrine, the research focuses on the theoretical and practical analysis of such a multifaceted legal category as access to justice. The author’s definition of the essence and content of the constitutional guarantee of the right of access to justice is presented. Modern issues of ensuring access to justice in Ukraine are highlighted. The description of typical forms of realization of the right of access to justice such as e-justice; constitutional complaint and right to free legal aid is given. Factors hindering the implementation and protection of the right of access to justice have been identified: instability of the legal system; deficiencies in the judicial practice of law enforcement; shortage of judicial personnel and others. In the conclusions of the case, it highlights the priority of alternative ways of guaranteeing access to justice such as mediation, restorative justice and arbitration tribunals. Finally, the main advantages of the specified interdisciplinary legal institute are identified.

Invigoration of E-Judicial System in Nigeria: Challenges And Improvement Strategies to Achieve SDG 2030

Over the years, judicial system in Nigeria has been known for its conservatism and conventional methods of administering justice. Considering the realities of the global socio- economic vicissitudes, there is urgent need to improve the effectiveness and efficiency of the judicial system in Nigeria. Therefore, this paper examines the e-judicial system in Nigeria, challenges and improvement strategies to achieve Sustainable Development Goal (SDG) 16 of the United Nations agenda 2030. The paper explored scholarly works focused on judiciary system to dissect the concept of e-judiciary system and identified the challenges faced by the judiciary system in Nigeria to include inadequate availability of ICT facilities and maintenance, inadequate availability of stable electricity, lack of ICT skills by judicial personnel, poor network system and unauthorized access to web portal by hackers. From the findings of the study, strategies to invigorate e-judicial system in Nigeria include, provision of adequate ICT facilities by federal and state government, regular appraisal and upgrading of the available ICT facilities, provision of stable electricity, monitoring of telecommunication industry activities by Nigerian Communications Commission (NCC) to ensure maximum efficiency, development of a Unified E-judicial Security Portal in form of encryption keys to provide strict access to courts’ websites, organization of workshop, seminar and conferences to train judicial personnel on utilization of e-judiciary system in the administration of justice. The study further recommends that the Nigerian Bar Association should advocate the need for e-judicial system in various programmes they organize.

Exploring Perceived Legal and Organizational Support and Attitudes on the Decision to Mediate or Arrest in Domestic Violence Cases: A Study Among Community and Criminal Justice Professionals in China.

This study investigates factors related to the decision to (a) arrest or (b) mediate in domestic violence (DV) situations-nonmutually exclusive but highly differing decisions chosen a priori as being outcomes of interest. The sample included three types of professionals handling domestic violence cases in China: (a) Women's Federation (WF), (b) police, and (c) judicial personnel. The participants (n = 817) responded to a vignette describing a DV incident. Logistic regression revealed that legal, organizational, and attitudinal factors were associated with decision-making and varied by group. The findings suggest training and detailed instructions on handling DV.

Judicial recentralization as political control: Evidence from the judicial leader rotation in China

AbstractObjectiveThis study analyzes how authoritarian leaders use the judicial system to solve the principal–agent problem in the government hierarchy. We argue that autocrats recentralize court personnel to enhance the central government's monitoring power over local officials.MethodsOur empirical analysis takes advantage of a judicial personnel rotation reform in which the Chinese Communist Party recentralized court personnel by rotating provincial‐level court leaders in 14 out of 31 provinces.ResultsPanel data analysis shows that judicial recentralization increased adjudicated administrative lawsuits by nearly 30 percent. We also demonstrate that the enhancement in judicial responsiveness is not driven by alternative channels such as learning or the substitution between different ways of petitions.ConclusionThis study explores the dilemma faced by authoritarian leaders in balancing the need for an effective court system to address local governance issues while maintaining control, highlighting the compromise solution of recentralizing local judiciaries to partially insulate them from local interference.

The Limits of Judicial Reforms: How and Why China Failed to Centralize Its Court System

AbstractThis article investigates the implementation effects of China's recent reforms to centralize its court system and offers an explanation of why such centralization efforts largely failed. Drawing upon in-depth interviews with judicial personnel from four localities, the study shows that local courts’ structural dependence upon same-level party-states is perpetuated or, in some cases, is even exacerbated, despite the unprecedented reform plans to centralize the budgetary and personnel management of the judicial system. Further investigation finds that, contrary to what existing assessments suggest, implementation failure is less a result of regional disparities in resources than of the party-state's own reliance on its horizontal line of power concentration and hierarchy, which is a core feature of the Chinese Communist Party's (CCP) one-party rule and hinders the party-state's own attempts to strengthen both judicial autonomy and centralization. The article thus challenges two extant notions on recent political-legal developments in China – that the CCP regime has substantially centralized its judiciary along the vertical line, and that judicial autonomy can continue to increase and manifest both under the conditions of, and serving the purpose of, deepening one-party authoritarianism.

Comparative Analysis of the Requirements for Candidates for the Position of a Judge in Ukraine and the Republic of Poland

Qualification requirements for candidates for the position of judges are a system of requirements and conditions for admission to the position of a judge and a kind of guarantor of high-quality justice, high moral and professional level of holders of judicial power. Usually, the system of general requirements for candidates for the position of judge in different states is represented by the criteria of citizenship, higher legal education, minimum or maximum age requirements, practical work experience, high business and professional qualities. The system of special requirements differs in aspects of specialized judicial training or completion of the required internship. In the article, the authors conclude that today it is necessary to improve the system of selection of judicial personnel in Ukraine.

URGENCE AND CHALLENGES OF REGULATION OF AMICUS CURIAE IN THE JUDICIAL SYSTEM

The judicial system in Indonesia is dynamic and adaptive to the development of science and law, not least within the scope of the Supreme Court of the Republic of Indonesia, one of which relates to the amicus curiae (friends of the judiciary). In practice, amicus curiae are generally presented in cases or trials that get public attention and the livelihoods of many people, such as the environment, land, labor, and so on. Nevertheless, there is no regulation or Supreme Court Regulation on the application of amicus curiae in the trial, but various practices have occurred within the court. This paper will discuss: (a) how the concept of amicus curiae is in the justice system in several countries, (b) the practice and application of amicus curiae in the judiciary in Indonesia, and (c) the opportunity for the Supreme Court to issue regulations or circulars that seek to regulate the implementation of the amicus curiae as part of legal developments in Indonesia. This writing uses a qualitative method with a normative juridical approach. The results of this paper conclude that amicus curiae have become a good practice in the judicial system in Indonesia, especially in public cases, and the Supreme Court has the authority to make arrangements through PERMA as a foundation and procedure guide for all judicial personnel and society in Indonesia.

Deep Learning for Decision Element Extraction in Fact Description of Legal Documents

In order to improve the work efficiency of judicial personnel and solve the problem of waste of judicial resources, this topic proposes a method of decision element extraction in the fact description of legal documents based on in-depth learning. Firstly, this paper briefly introduces the basic theory of deep learning, text mining technology, a neural network, and other theories and technologies, then expounds the decision element extraction model in the fact description of legal documents based on deep learning, such as the HMM model, the CRF model, and the Bert model, and finally expounds the establishment and implementation method of the decision element extraction model in the fact description of legal documents, so as to provide a guarantee for the work quality and efficiency of judicial personnel. The samples are according to the sample label frequency to obtain more balanced data, and we manually label keywords to obtain feature vectors to assist the model in improving the prediction results, but it also increases the statistical quantity mode of label co-occurrence. Although all modes can be included by using a larger matrix, the amount of calculation increases significantly. Therefore, the follow-up work mainly studies the important co-occurrence features that can be used and then adopts better dimensionality reduction methods to improve the final prediction results.

Application and Innovation of Electronic Monitoring in Chinese Criminal Justice

In the field of criminal justice, electronic monitoring technology has experienced the development of four generations of technology: fixed telephone, radio frequency tag, Global Positioning System, and biometrics. Today, Chinese criminal justice practice adopts a monitoring method based on cell phone positioning, supplemented by electronic anklets. The "Non-custodial Code monitoring system " is an innovative achievement of Hangzhou, China's judicial personnel on electronic monitoring, which has achieved good practical results and will be promoted nationwide. As an effective criminal measure, electronic monitoring reduces the number of detainees in prison, eases the supervision pressure on judicial personnel, reduces financial expenditures, and helps criminals rejoin society. Due to the lack of detailed legal provisions, the application of electronic monitoring in practice lacks specificity, and there is the possibility of violating the privacy of citizens. So electronic monitoring in China's criminal justice presents such a situation. On the one hand, the law clearly states that electronic monitoring can be applied only during the community correctional stage and the period of residential confinement. On the other hand, judicial officers actively try to apply electronic monitoring to the bail process. It is foreseeable that electronic monitoring will be widely promoted in the process of China's criminal justice reform. This process should adhere to the principles of legality, necessity, and judicial review.