Court Of Law Research Articles

Forensic applications of 3D printing - a review of literature, case studies and future implications.

The technological revolution has impacted every facet of life, including crime and law enforcement. Following the adoption of digital evidence, artificial intelligence, and CT scans, scientists and legal professionals have now turned to three-dimensional (3D) printing to present evidence more clearly in a court of law. 3D printing is a process of creating physical objects by depositing materials layer by layer, based on digital models, to form solid, tangible replicas. It has a wide range of applications across various fields of forensic science, including explosives analysis, ballistics, forensic medicine, forensic archaeology, and crime scene reconstruction. 3D printed impression evidence such as tire marks, and shoe prints etc., offers more detailed and accurate representations compared to traditional methods. Similarly, 3D printed crime scene reconstructions provide immersive and precise visualizations, enhancing their reliability and utility in forensic investigations. This article discusses the steps involved in 3D printing, the types of 3D printing technologies, its applications in various forensic examinations, and real-world criminal cases that highlight the significance of 3D printed evidence in judicial decision-making. 3D printing has proven instrumental in these cases for establishing the linkage of weapons to crimes and correlating injuries to weapons, and identifying charred or mutilated remains. However, like any emerging technology, 3D printing in forensics faces certain challenges, which need to be addressed to maximize its potential. These include standardized protocols, ethical considerations, and high initial setup costs-all of which must be addressed to fully realize its potential.

AS NULIDADES PROVENIENTES DE PROVAS ILÍCITAS E O PROCESSO PENAL NO BRASIL

This article aims to present an analysis of the nullities resulting from the use of illicit evidence and their effects on Criminal Proceedings in Brazil. It will be demonstrated that in several cases, the pointing out of nullities caused by illicit evidence in criminal proceedings is an instrument used in favor of the accused, as a defense strategy, seeking to correct irregularities that harm him. In other cases, if well handled by good lawyers and under the pretext of guaranteeing legality and protecting fundamental rights, this instrument can act to the detriment of society, nullifying, in many cases, entire proceedings, due to incurable defect in the illicit obtaining of evidence, and may even favor the guilty. It is a fact that, even in the face of a constitutional prohibition, expressed in Article 5, item LVI, of the Federal Constitution of 1988, the subject generates controversy, provoking doctrinal discussions and generating a diversity of case law in the higher courts. However, it is important to emphasize that the analysis of this topic here does not aim to exhaust the subject, but rather to address and highlight aspects that are believed to be more relevant, through legislative, doctrinal and case law research. Finally, it is important to emphasize that, in the development and research for this article, there was never any deviation from the rules that guide the evidentiary activity, nor was there any consideration, under any circumstances, of disregarding constitutional rights and guarantees, which are fundamental precepts for the preservation of the Democratic State of Law.

Mapping Gendered Economic Abuse Across the Relationship Lifecourse: A Qualitative Meta-Ethnography

Abstract Purpose In this paper, we provide a review of extant qualitative research that reports on women’s experience of economic abuse during intimate relationships and following separation. To advance understanding of the processes of economic abuse that play out over the course of an intimate relationship, we draw on Zelizer’s social meaning of money and Risman’s causal mechanisms of gender to provide a conceptual basis and typology to begin to untangle gender, finance, and violence in intimate-partner relationships. Methods This qualitative meta-ethnography draws on 19 studies that centre the lived experiences of women survivors of economic abuse. Following a multi-faceted literature searching strategy across leading academic databases, studies were coded and analyzed drawing on Zelizer and Risman to conduct a gendered analysis of economic abuse in intimate relationships. Results The studies identified seemingly innocuous, but ultimately controlling behaviors that served to establish the financial gender order within and beyond relationships. The evidence showed that it is fairly straightforward for economically abusive male partners to exploit the established financial gender order to their advantage to assert power within their intimate relationships. Patterns of abuse could often be difficult for women to identify given the cultural acceptance of men’s financial authority and autonomy. The included articles, however, highlighted points in abusive relationships where catalytic events ruptured the victim-survivor's perspective on their financial or physical safety. After leaving an abusive ex-partner, however, some women endured institutionalized economic abuse through government systems, such as child support and family law court proceedings, whereby fraudulent economic behavior continued to be enacted. Conclusions The research studies included in this review, and our synthesis of their findings, have brought women’s experiences to the fore in order to shed light on the often invisible experience of economic abuse. The processual framework of the financial gender order helps to identify points within intimate relationships where economic abuse escalates. An ongoing, yet concerted effort is required to identify and dismantle the individual, community and institutional sites at which unquestioned and archaic gendered financial assumptions are enacted and proliferate.

Legal Discovery in Indonesia’s Tax Dispute Framework

There exists a normative disharmony between the Tax Court Law, the Judicial Power Law, and the General Provisions and Tax Procedures (KUP) Law, which adversely affects the independence and authority of the Tax Court in adjudicating tax disputes. This legal inconsistency generates juridical uncertainty regarding the Tax Court’s position within the Indonesian judicial system and the mechanisms for oversight of its decisions. This research aims to evaluate the current tax dispute framework in Indonesia and explore potential reforms by comparing the systems in the United States, Russia, and Australia. The research utilizes a This research is a normative legal research using a legislative, conceptual and comparative approach. The study reveals that the independence of Indonesia’s Tax Court is weakened by dual oversight from the Supreme Court and the Ministry of Finance. Despite reforms aimed at improving autonomy, challenges such as case backlogs, prolonged proceedings, high litigation costs, and limited regional access remain. These findings highlight the urgent need for systemic reform. Drawing on international examples from the United States, Australia, and Russia, the integration of Alternative Dispute Resolution (ADR) mechanisms could significantly improve efficiency, fairness, and public trust in the tax system. Aligning the Tax Court fully under the Supreme Court and adopting ADR would strengthen institutional integrity.

المسؤولية الإدارية عن أخطاء تطبيقات الذكاء الاصطناعي

Purpose: The study aimed to examine the validity of the legislator's intervention by stipulating provisions regulating the use of artificial intelligence applications in administrative tasks. It also aimed to clarify who is administratively responsible for errors committed by these applications, and to determine the extent to which the administrative legislation in force in Palestine keeps pace with the reality of artificial intelligence. Methodology: The researcher used the analytical inductive approach in the study, beginning with a historical overview of artificial intelligence, then clarifying its concept and applications. It then extrapolated the elements of administrative liability according to administrative jurisprudence and analyzed them in a manner consistent with the use of artificial intelligence applications in administrative work. Findings: The study concluded that artificial intelligence applications may, in the future, reach a stage where their creators or programmers cannot control them, which will lead to the possibility of them committing administrative errors. Furthermore, the Palestinian Administrative Courts Law by Decree No. (41) of 2020 and its amendments do not contain any provisions regulating the use of artificial intelligence applications in administrative work, and the Palestinian legal system is devoid of any text regulating the provisions of artificial intelligence. Administrative liability for errors in AI applications could also fall on the administration, the programmer, or the operator. If the legal personality of AI applications is recognized, there could be administrative liability for these applications. Recommendations: The study recommends the enactment of legislation in Palestine that includes provisions regulating the operation of AI applications in the administrative field and all other fields. It is necessary to recognize the legal personality of these applications as a proactive step against any future developments that may make them difficult to control. It is also necessary to intensify efforts aimed at training public employees on how to handle AI applications in administrative work. In addition, attention should be given to AI, following the example of countries that have shown interest in its use in all fields, while ensuring adherence to AI ethics by companies that manufacture and program its applications.

Community Service Provisions as an Alternative Punishment in Jordanian Legislation

This study presents a comprehensive analysis of community service punishment provisions in the Jordanian Penal Code compared to the practical provisions followed in the state of California, derived from the California Penal Code, system, and constitution. By employing a legal analysis approach alongside an extensive review of relevant literature and real-life case studies, we sought to gain deeper insights into the impact of community service penalties in Jordan compared to their impact in California. This, in turn, will positively contribute to improving the procedures followed in Jordanian law in the future by providing a legal reference that assists Jordanian legislators during future amendments to the Penal Code. This effort will encourage judges to widely apply these penalties, especially since they have proven effective in reality in reducing recidivism rates and improving the behavior of offenders who have served community service penalties. The study will also refer to the content of several interviews conducted with individuals responsible for drafting the legal provisions related to community service penalties in Jordan and the judges responsible for applying these laws in Jordanian courts, in order to provide a better realistic and practical perspective on the Jordanian experience in this regard.

The Role of Environmental Law in Achieving Sustainable Development Goals: A Case Study of Pakistan

In the light of environmental laws in Pakistan, this doctrinal legal research investigates whether or to what extent the environmental legislation of Pakistan is contributing or hampering the attainment of the Sustainable Development Goals including climate action conserving the ecosystems and environmental governance. The study examines national legislation including Pakistan Environmental Protection Act, 1997 alongside provincial laws, landmark court decisions, and Pakistan’s international legal obligations like the Paris Agreement and the Convention on Biological Diversity. Results show that despite of Pakistan’s strong base of environmental law, which is indirectly connected to SDG’s and with absence of strong institutional support for implementation it has not been able to effectively translate international protocols into domestic law. The law courts have been instrumental in generating environmental rights, but systemic legal and administrative deficiencies persist. The report suggests amendments to legislation to incorporate SDG indicators as well as strengthen environmental enforcement and treaty implementation in national laws. These are the changes that are essential to support the shifting of Pakistan from a policy to a rule-based sustainable development approach that aligns with the 2030 Agenda.

FORESIGHT NEUROSCIENCE: THE IMPORTANCE OF FAMILY MEDICAL ASSESSMENT IN FAMILY LAW

Introduction:Assessing the family context in relation to mental health involves identifying causal factors, mainly in neurodevelopment, since the temporal variation of cause and effect in the neurobiology of family interactions can be directed to develop a specific clinical assessment of the child's neurodevelopment phase, through specific clinical biomarkers of cause and effect. Objective: To reflect on the facts of mental health complications in children and adults, which are being neglected by professionals, and through clinical identification and organic dysfunctions that are present in the pre-divorce periods and are complicated as in cases of parental alienation.Methods: After the bibliographic review, we synthesized a model of neurodysfunctional personality in the family environment and the clinical assessment with a generative view of perception and second-person neuroscience, with a "Bayesian" computational method, which was guided by a theoretical method and robust clinical empiricism. We outlined theoretical implications and mechanisms of social predictive perception, neuromaladaptive predominant behaviors, and clinical syntheses that organize and clarify some situations of family conflicts in family courts and, at the same time, significantly influence the physical and mental health of children and family members. Results and Discussion: Unequivocally, we are facing a social and child health setback, through professional malpractice in Family Law courts, which not only determines certain health outcomes, but also establishes parental relationships in the next generations, in senility and in the prevention of chronic diseases. Conclusion: The current lack of care in the mental health of the family and children has an impact on occupational health, and legal professionals, social assistants, and doctors must obtain this knowledge and awareness about the child psychological abuse that is occurring. This work points out a problem and suggests organized methods in clinical and neuroscience, such as the evaluation of the microstructure of ONCs personality which identifies intrusive, externalizing, and egocentric characteristics, parental capacity, and mentalism. These are innovations in objective operationalization for forensic medicine and family law.

EVALUATION OF HOUSING AND WORKPLACE SEARCHES IN TERRORIST CRIMES IN THE CONTEXT OF HUMAN RIGHTS

This study examined the search of housing and workplace in terrorist crimes within the framework of the case law of the European Court of Human Rights. The study aims to minimize the human rights violations that may occur during housing and workplace searches. The method of the study is the application of the case law of the European Court of Human Rights to housing and workplace searches. Methodologically, the introduction part of the study reviewed the human rights violations that may occur in search operations or practices in the context of terrorist crimes. In the development section of the study, the way the European Court of Human Rights evaluates cases related to housing and workplace searches and the criteria that it applies were determined. Later, it was examined together with the Criminal Procedure Code No. 5271 examined by the European Court of Human Rights on housing and workplace searches. Then, the decisions of European Court of Human Rights related to relatively old-dated cases in Türkiye were examined and criticisms were provided against the European Court of Human Rights. In the conclusion section of the study, recommendations have been provided on how housing and workplace searches should be conducted in the context of human rights, in line with the data obtained from the case law of the European Court of Human Rights.

Fairness in welfare: Applying Article 6 ECHR to benefit sanctions

This article examines the procedural rights of benefit recipients facing social security sanctions, focusing on the potential effects of applying additional protection from Article 6 of the European Convention on Human Rights (ECHR) to benefit sanctions. While applicable to all Council of Europe member states, it primarily draws on examples from the Netherlands. The research explores whether extending this criminal law protection – which is currently limited to punitive sanctions – to cases of benefit sanctions could address disparities in procedural fairness. This issue is analysed within the broader context of increased conditionality and automation in social security, which has intensified the repressive nature of welfare systems. Drawing on European Court of Human Rights case law and social security literature, the study argues that the existing difference in legal guarantees pertaining to punitive sanctions and to benefit sanctions may be undesirable, given the severe impact that benefit sanctions have on recipients. Findings suggest that Article 6 ECHR safeguards, such as the presumption of innocence, the right to an interpreter and the right to a full review of a judicial body with full jurisdiction, could strengthen the procedural position of benefit recipients and thus help to restore the balance between rights and obligations affected by the trend towards conditionality. Extending Article 6 ECHR procedural guarantees to those facing benefit sanctions could help create a better balance, promoting fairness in welfare.

Enforcing EU occupational health and safety rules and the basic principles of EU law: the Energotehnica case (C-792/22)

Following the death of an electrician, two court proceedings started. An administrative law court ruled that the event was not an ‘accident at work’ and the judgment acquired the force of res judicata under national law. Consequently, the criminal court adjudicating the criminal case against the worker's manager and the civil law claims of the victim's relatives against the employer found itself unable to decide on the merits of the case, even if the latter were not parties in the administrative law proceedings. This gave the Court of Justice of the European Union the opportunity to elaborate the EU law requirements around national level enforcement of occupational safety and health (OSH) Directives. As no specific EU legislation has been adopted on the issue, the case was decided on the basis of the general principles of EU law enforcement. The aim of the article is to present the findings of the case and to summarise the methods of OSH law enforcement, both at theoretical level and as actually provided for in EU law. The article then examines how the general principles of EU law enforcement can fill the regulatory gaps and how the judgment discussed contributes to the interpretation of such principles. The conclusion considers how legislation could contribute to a more effective enforcement of EU OSH law.

Not just about the ruling: when does the opposition challenge a law in the Spanish Constitutional Court?

Not just about the ruling: when does the opposition challenge a law in the Spanish Constitutional Court?

Teaching Grammar through games for an effective EFL learning

English is a means of communication among countries around the world; consequently, people must learn the foreign language as a necessity to have a second language for being able to communicate in domains such as government, law courts, health care, the media and the educational system (Crystal, 2012). Thus, several schools in Mexico offer EFL classes to young learners, with English teachers, most of them non-native, making an effort to carefully plan their classes and apply effective strategies to develop the four language macro skills, vocabulary and grammar. This former element might be challenging as young learners tend to find grammar rules complex, frustrating and boring. However, games can be a useful tool in EFL learning, as they are fun and motivating, helping to create a relaxing environment where students can learn easily and enjoyably (Gozcu & Caganaga, 2016). This study aims at confirming games as an effective strategy to teach grammar to young learners in a second level EFL Saturday course in a language school in Tapachula, Chiapas, Mexico. The results prove that games are helpful and versatile, able to be used at all stages of the lesson and teachers can adapt or design them based on their young students’ needs so they can help improve their EFL learning.

Preserving Judicial Independence in India: A Constitutional Critique of the Appointment Process

The exercise of judicial power of a court of law is hinges for constitutional democracy and rule of law. This study critically analyzes the framework of judicial appointment in India from an executive overshadowed perspective to a judge-centered collegium paradigm constructed through judicial activism. The study focuses on the constitutional provisions, prominent constitutional legislations including, the First, Second and Third Judges Cases and the NJAC judgment, alongside judicial doctrines like the Basic Structure Doctrine and exposes how freedom of judicial independence has been guaranteed and protected. The paper posits that important decision-making disabilities apply at any stage in restrictive scope but primary bestowing authority to the judicial arms is compulsory, the existing collegium system is incapable of rational systems to accountability devoid of representation or ease of access, and transparent processes. Relying primarily on doctrinal and cross-national examinations, this analysis reveals independent yet responsible notions of governance in India and demonstrates the sovereign pressures in assuming such powers. The study suggests measures aimed at strengthening accusations of judicial independence and impartiality while defending institutional reputation, credibility, and democratic soundness of the mechanism in its controls.

Error tolerance or optimal procedure? assessing the performance of customary courts in stock theft cases in Botswana

ABSTRACT Like elsewhere in the Eastern and Southern Africa, recent years have seen an escalation of stock theft in Botswana, despite concerted efforts to curb it. But unlike other countries in the region, Botswana has widely deployed customary courts as a forum for trying stock theft cases, as they are thought to be better placed to understand this type of rural crime. There is an abiding belief among certain sections of the public, including legislators, that customary courts are more effective in dealing with stock theft than common law courts. However, critics of these courts have condemned them for being both error-prone and error-tolerant. This paper examines this aspect by analysing the results of cases that originated from customary courts and were appealed to the high court and the court of appeal between 2004 and 2012. Appeals are significant since they serve as official affirmations or reversals of customary courts’ rulings. We conclude that an ideal system would be one that combines “good result efficacy” with “process value efficacy.”

Belgium’s Extrajudicial Recovery of Uncontested Money Debts: Can an Extension to Consumer Debt be Envisaged?

Consumer debt is a pervasive issue that imperils both debtors and their creditors. Belgium has in the past created an out-of-court gateway for creditors to recover debt in business to business relationships. Discussions on whether to extend that scheme to consumer debt are ongoing. European Union law and the case law of the European Court of Justice on consumer protection should be taken into account in devising such scheme but are not an insurmountable obstacle. Belgium could prove an innovative testing ground for similar schemes elsewhere.

Do global infant feeding policies respect the United Nations principles on the rights of children and families?

Within the spirit of the United Nations Convention on the Rights of the Child (UNCRC), UNICEF has stated that WHO/WHA/UNICEF infant feeding policy documents should now be introduced into domestic law. The concern is that these documents are not recent and have not been updated, there are high levels of non-compliance, and to determine if they are fit for purpose as health policy, legislative instruments or examples of compatibility with the principles set out in the UNCRC, they need to be formally reviewed before they are considered appropriate evidence in a court of law. This paper highlights issues that may arise from a formal review with infant feeding policymaking being a highly contested environment and several inter-related factors potentially having a negatively impact on the legal rights of infants and their parents. It is concluded that the principles endorsed by UNCRC are clearly aimed at national governments and this should continue to be the primary focus. It is important that the credibility of these principles is not undermined by UNCRC ratifying associated policies that do not effectively serve the health needs of the population and fail to serve the rights of infants and their families.

Application of the European Court of Human Rights case law in the criminal proceedings in Ukraine

The article analyses the process of applying the European Court of Human Rights case law and the Convention for the Protection of Human Rights and Fundamental Freedoms of 1950 in criminal proceedings in Ukraine. The basic principles arising from the jurisprudence of the European Court of Human Rights and their impact on national legislation and court practice are investigated. Particular attention is paid to the issues of observance of the right to a fair trial, presumption of innocence, prohibition of torture and effective investigation of human rights violations. The key cases of the European Court of Human Rights against Ukraine, which have determined the directions of reforms in the field of criminal justice, are analysed. The problems of implementation of the European Court of Human Rights case law in the criminal justice system of Ukraine, in particular, the formal approach to the use of case law, the lack of an effective mechanism for the execution of judgments and insufficient training of law enforcement and law enforcement agencies are investigated. The following prospects for improving the application of the European Court of Human Rights case law in criminal proceedings in Ukraine are identified: 1) the amendments to the Criminal Procedure Code of Ukraine to comply with European standards, in particular, with regard to the right to a fair trial, the presumption of innocence, protection against torture and unlawful detention, ill-treatment, etc.; 2) the development of recommendations to improve the training of judges, prosecutors, lawyers and pre-trial investigation bodies; 3) the strengthening of control over the observance of human rights, the reasonableness of the time limits during the pre-trial investigation, and fair and lawful trial; The following prospects for improving the application of the European Court of Human Rights case law in criminal proceedings in Ukraine are identified: 4) the improvement of procedures for verification, evaluation and examination of evidence in order to protect the defence from unlawful actions of the prosecution; 5) the introduction of mechanisms for the effective implementation of judgments of the European Court of Human Rights in individual cases; 6) the provision of adequate funding and resources to law enforcement and law enforcement agencies.

The Right To Respect For Private And Family Life For Individuals Sentenced To Life Imprisonment Aligns With The European Court Of Human Rights Practice Concerning Ukraine: Short-Term Trip Outside The Border Of The Penalty Institution

The Constitutional Court of Ukraine has declared certain provisions of Part 1, Article 111 of the Criminal Executive Code unconstitutional due to their inapplicability to life-sentenced prisoners’ right to short-term leave from the penal colony. This decision represents an unexpected shift in Ukraine’s criminal justice policy, particularly at a time when the country faces an existential threat from russia’s full-scale invasion. Despite the fact that the institution of short-term leave for convicted persons from correctional facilities due to exceptional personal circumstances has not been overlooked in criminal executive law, the conducted analysis indicates that no scholars have questioned the constitutionality of Article 111 of the Criminal Executive Code of Ukraine. The reviewed works do not suggest that legal recognition of the right of life-sentenced prisoners to short-term leave from correctional facilities under exceptional personal circumstances has been considered a means of improving Ukraine’s criminal justice policy. The Constitutional Court of Ukraine bases its conclusion, first, on the fact that the right of life-sentenced prisoners to short-term leave to visit a gravely ill close relative or attend their funeral derives from an applicable international standard reflected in international instruments and the case law of the European Court of Human Rights (ECtHR). Second, agreeing with the complainant, the Constitutional Court of Ukraine holds that the legislative prohibition on short-term leave from a correctional facility for life-sentenced prisoners to visit a gravely ill close relative or attend their funeral contradicts human dignity as an integral component of the constitutional ‘right to respect for private life’. The research conducted in this article has not confirmed the existence of an international standard recognizing the right of life-sentenced prisoners to short-term leave from a correctional facility due to exceptional personal circumstances, nor the corresponding obligation of the state to ensure such a right. No such imperatives have been identified in the international legal instruments binding on Ukraine or in the case law of the European Court of Human Rights (ECtHR). The article also presents arguments demonstrating that the Constitutional Court of Ukraine’s interpretation of the concept of ‘human dignity’ contradicts the principles of law and the rules of formal logic.

Status Hukum Anak Angkat Tanpa Penetapan Pengadilan Agama dalam Hukum Positif di Indonesia: Studi Kasus di Kelurahan Cengkeh Turi Binjai Utara

This study aims to analyze the legal status of adopted children without a court in positive law in Indonesia, focusing on a case study in Cengkeh Turi Binjai Utara Village. A major problem related to the legal status of adopted children arises because of the adoption of children without a court determination. A child who is adopted without court approval does not have a clear legal status, which can affect his rights in several ways, such as inheritance rights, civil rights, and legal protection from exploitation or abuse. This study uses an empirical juridical approach, with a data collection method through interviews and observations of the local community and related parties. The results of the study show that the practice of child adoption in these areas is often carried out based on informal agreements between families, which ignores the legal procedures regulated in Law Number 35 of 2014 concerning Child Protection and Government Regulation Number 54 of 2007. This results in adopted children not getting adequate legal protection, and is at risk of exploitation and loss of their basic rights. Meanwhile, in mawaris fiqh, the adoption of children without a court decision has various consequences. Islamic law allows the adoption of children only to nurture, care for, and educate them as long as their blood relationship with their biological parents is not severed.