Criminal Case Processing Research Articles

The Investigative Team as an Object Of Criminal Procedure Legal Relations: A Methodological Analysis

The author presents methodological research of an investigative team viewed as a category of the object of criminal procedure relations. Having studied the law enforcement practice of assigning preliminary investigation to an investigative team and the positions of different authors who examined the theoretical and methodological aspects of the institute of investigative teams in criminal proceedings, the author concludes that the work of investigative teams requires a specification of conceptual approaches that are, to some extent, aimed at improving the procedural order of the organization and the work of an investigative team. The author also describes the complex of general and specific research methods used to study various structural elements of the institute of preliminary investigation carried out by an investigation team in criminal proceedings: from the standpoint of historical-legal analysis of the development of the institute of collegiality of pre-trial proceedings in criminal cases; from the standpoint of analyzing theoretical and practical clauses on the procedure of normative regulation of the organization and work of an investigative group on investigating crime; specific features of the interconnection of key structural elements in the work of investigative teams and the problems of their correlation are identified. The application of a range of methodological research options allows the author to outline the theoretical legal provisions for an investigative team as an object of criminal procedure relations.

The nature and content of the court situation

Purpose. The aim of the article is to present part of the results of the scientific work carried out within the scope of studying the prospects of building a holistic concept of forensic support of court proceedings. The immediate task of the proposed publication was to substantiate the author's vision of the nature and content of the concept of a judicial situation as a key category of the organization of judicial proceedings in criminal cases. Methodology. The methodology includes a comprehensive approach to the study of theoretical and practical aspects of the researched object. During the research, methods of formal logic were used, as well as: historical, systemic and terminological analysis, interpretation of concepts. Results. In the course of the research, it was established that the recognition of the objective-subjective nature of forensic situations is becoming more and more characteristic of modern approaches. Its which implies not only the presence of objective conditions, but also a subjective assessment of the situation, such a perception of it, which creates for the subject's need to react in the form of choosing the appropriate line of behavior. The subject selects certain elements of the surrounding reality into a certain system and identifies it as a situation of one or another type. Without a subject, there is no situation; he constructs the system himself, determining his place in it, his attitude to it and to its individual elements, in particular to other subjects, thus forming the structure of the «situation» system. The conduct of criminal cases by the court, like any other type of activity, is characterized by situationality - the dependence of its implementation on specific conditions and circumstances, that is, factors under the influence of which the object of the situation and its state are formed. The situational nature court research of the implies the need for the subject to choose the techniques and means most effective for the given situation. This regularity determines the key importance of the concept of a judicial situation and the situational approach based on it for building a theory of forensic support of court proceedings. Within the limits of this theory, it is envisaged to create a system of complexes of scientifically based forensic recommendations on the organization of judicial review of criminal cases, which will allow, with careful consideration of the individual characteristics of each judicial proceeding, to ensure its optimality in various judicial situations. Originality. Because of the study, the objective-subjective nature of the forensic situation received additional justification, the author's definition of the concept of "court situation" was proposed. Practical significance. The results of the study can be used in the educational process, research activities.

THE SCOPE AND TOUCHSTONES OF SIMPLIFIED PROCEDURE

The article specifies the material and procedural touchstones, which differentiate the forms of the criminal proceedings. Revealed and substantiated the need for simplified proceedings in criminal cases. The author proposes to introduce a new model of simplified procedure, which would meet the needs of law enforcement practice and would fully ensure the protection of the rights and legitimate interests of persons involved in criminal proceedings.

Body Cameras and Adjudication: Views of Prosecutors and Public Defenders

The jury serves as an important reference point for criminal case processing, despite the fact that the majority of cases are disposed of by pleas or dismissals. This research examines the downstream impact of BWC footage on the adjudication process with a particular emphasis on the management of uncertainty. Research involved interviews with prosecutors and defense attorneys in urban counties in California, New York, and Texas. The results indicate that both defense and prosecution anticipate BWC changing approaches to cases and how cases may be negotiated to an outcome. They also report that jurors expect BWC footage, and that it functions as a means to establish case facts and the credibility of police, the defendant and witnesses. Policy implications regarding the introduction of BWC and future directions for research are discussed.

RESTRICTION ON THE RIGHTS OF PARTICIPANTS IN PRE-TRIAL PROCEEDINGS IN CRIMINAL PROCEDURE

The purpose of the article is to study the legal essence of restricting the rights of participants in pre-trial proceedings in criminal procedure, the specific goals of their restriction, the list of rights that may be subject to restriction, grounds, criteria, conditions, as well as limits of restriction. The article uses methods of system analysis, synthesis and generalization. Results: the author concludes that the system of restricting the rights of participants in pre-trial proceedings in criminal cases includes: objectives, grounds, conditions, criteria and limits of restriction; the powers of officials provided for by the criminal procedure law to restrict the rights of participants in proceedings; procedural rights of participants in criminal proceedings, the exercise of which is aimed at ensuring that coercive measures are not applied to them; procedure and terms for restricting the rights of participants in pre-trial proceedings, which vary depending on which right is subject to restriction; control over the restriction on the rights of participants in pre-trial proceedings (procedural control, prosecutorial supervision, judicial control). The specific purpose of restricting rights in pre-trial proceedings is to ensure the proper conduct of criminal proceedings. The limits of restriction on the rights of participants in pre-trial proceedings are determined by the specific purpose of legal restriction, the nature and specificity of the investigative or procedural action, in the exercise of which the rights are restricted by the discretion of the official, who decides on the specific restriction, which is formed on the assessment of the actual situation, the characteristics of the person whose rights are subject to restriction. Any restrictions on rights are exercised only on the basis of a procedural decision by an official (inquirer, investigator, court) in accordance with the law and if there are grounds for it. The most significant restrictions on the rights of participants in criminal proceedings are permitted only by a judicial decision.

Цифровизация процессуальных действий: путь к ускорению и удешевлению производства по уголовному делу

The article raises an urgent issue concerning the lack of regulation of the use of digital technologies in pre-trial proceedings in criminal cases. The authors put the problems of introducing digital technologies into criminal proceedings in the context of the need to guarantee the compliance with reasonable terms of criminal proceedings, to ensure the rights and legitimate interests of their participants and optimize public spending in general.
 The authors developed specific ways to solve the identified problems that negatively affect the material and procedural sides of the work done by investigator, interrogating officer and other participants in criminal proceedings. The authors propose to consolidate in the Criminal Procedure Code of the Russian Federation the possibility to send digital copies of procedural decisions and other documents to participants in criminal proceedings, to hand over copies of an indictment (acts, resolutions) with applications in digital form, the right of the parties to access the criminal case materials in the digital form. That new provisions would allow to sign a digital procedural document with a certified electronic signature that guarantees its authenticity and excludes the possibility of unauthorized changes.
 These proposals are supported by the results of the analysis of data on the application of the legislation of the Russian Federation and foreign states in the researched sphere.

Integration as a Trend in the Development of the Institute of Special Knowledge in Criminal Proceedings Involving Minors

The article considers complexing as a significant trend in the genesis of the institution of special knowledge in criminal proceedings involving minors. The phenomenon under study is defined as the combination by one person of two or more procedural functions and/or special knowledge to provide a multilateral assessment of the circumstances important for the criminal case and the individual characteristics of the minor. Four historical stages of the formation of the domestic institution of special knowledge in criminal proceedings involving minors are identified and presented. It is concluded that this institution has gone the way of development from the situational involvement of a few knowledgeable persons through the use of special knowledge by law enforcement officers themselves with the optional involvement of knowledgeable persons to the established practice of producing comprehensive examinations (in which the commission is not a mandatory property) and the active involvement of various knowledgeable persons, in particular, a teacher and a psychologist. Actual situations are considered in which the minority of the participants in the criminal process, along with their individual characteristics (psychophysiological, cultural, religious, linguistic and others), entails the need to combine procedural functions and / or special knowledge. The results of an empirical study conducted by the Author of the article under the guidance of Candidate of Legal Sciences, Docent E. V. Elagina (questionnaire survey of 161 investigators and 116 prosecutors on the involvement of knowledgeable persons in pre-trial proceedings in criminal cases involving minors) are presented; it is shown that in most cases respondents note the leading role of a psychologist in the production of investigative actions with children and adolescents. It is also noted that the functions traditionally implemented by the teacher do not meet the goals of his involvement in the criminal process, and therefore it is necessary to exclude the possibility of such involvement. A general conclusion is made that, when complexing, the first place should be given to special psychological knowledge, since it is psychologists who are competent in assessing a number of phenomena significant for criminal proceedings (for example, emotional and behavioral reactions of minors). The Author proposes a method for optimal integration of procedural functions and / or special knowledge in a criminal process involving minors – the use of special knowledge by a law enforcement officer or the combination of two or more functions by one knowledgeable person. It is shown that the proposed method will reduce the number of persons in contact with a minor and reduce the psychological burden on him.

Evaluating an Expedited Process to Assess Fitness to Stand Trial in Canada

In this study, we investigated the potential benefits of using an alternative approach for completing court ordered fitness to stand trial assessments in a Canadian forensic mental health service. Using file information, court databases, and an economic analysis, we compared a hospital-based model of evaluation to a court clinic model in a sample of 96 accused persons from 2013 to 2017. Results revealed a significantly shorter time period for forensic report completion in the court clinic group, but no difference in criminal case processing time between groups. There was a higher rate of accused persons opined to be unfit to stand trial in the court clinic group (25.9%) compared to the hospital-based model (7.7%). Report quality varied somewhat between groups, with forensic assessment reports citing mental disorder and relevant case law more often in the court clinic model. Economic analyses indicated there was a marked cost savings associated with completing assessments at court instead of hospital. Our findings suggest there are several benefits for forensic mental health systems in utilizing community-based models of forensic evaluation.

Efficacy of forensic technology in crime investigation and administration of justice

There have been significant advances in the forensic sciences (Narco analysis DNA mapping, polygraph, brain mapping, and new scientific instrumentation) over the last twenty-five years. However, more research is required to determine the contribution of these developments to the importance and purpose of scientific evidence in criminal case processing and prosecution. New forensic technologies have been examined in targeted research, but no studies have assessed the whole variety of scientific evidence that is available at crime scenes and its successful investigation and administration of justice. The legal system and law enforcement agencies alike are increasingly turning to forensic science for help in investigating crimes and securing convictions. However, in the Indian judiciary setting, the utility of forensic science has yet to be demonstrated in terms of the labor required and the outcomes of cases. Research in this field has tended to concentrate more on science and technology than on how individuals might effectively use forensic services/science to achieve acceptable justice results. The findings given are the result of a thorough investigation by the researcher. This document includes an overview of the research project's rationale and goals, as well as an explanation of the present state of the project's work.

Minority Victim Neglect and the Case Processing of Firearm Crimes

ABSTRACT Studies find mixed results regarding the effects of race on criminal justice case processing, likely because they rarely account for the race of both the victim and offender, and few consider how prosecutorial case screening may influence later criminal justice stages. This study examines the impact of victim and defendant race on case screening, bail, and sentencing outcomes for 1,131 firearm offenses that occurred between 2015 and 2018 in St. Louis, MO. Regressions modeling the relationships between each outcome and victim and defendant race (estimated separately and as defendant-victim racial dyads) find that cases involving Black victims, alone and in combination with Black defendants, are more likely than others to be dismissed by prosecutors during case screening, whereas legally relevant factors affect bail and sentencing outcomes. The results suggest that disregarding initial gatekeeping stages of criminal justice case processing may lead to the mistaken conclusion that racial disparities do not exist.

Examining Cumulative Disadvantage against American Indian Defendants in Federal Courts

Sentencing scholars have recently analyzed cumulative disadvantage that minority defendants are confronted with in the criminal justice system. This research has particularly focused on black, Latino, and to a lesser extent, Asian defendants. Little attention, however, has been paid to how American Indian defendants are treated across multiple decision points and cumulative disadvantage they endure. To address this gap, we use the Federal Justice Statistics Program data and assess whether American Indians, in comparison to other racial and ethnic groups, were more likely to face disadvantage at different stages in criminal case-processing. Findings indicate that American Indians are, in fact, more likely to experience cumulative disadvantage at different stages in federal courts. Implications for theory, policy, and future research are discussed.

Functioning of inquiry and investigation units in the system of the Ministry of Internal Affairs of Russia

This article provides a brief overview of the experience of the functioning of two parallel investigative apparatuses in the system of the Ministry of Internal Affairs of Russia: investigation and inquiry. The author convincingly proves that in the course of the development and improvement of pre-trial proceedings in the country, individual reformers have repeatedly attempted to completely eliminate the inquiry as an independent form of preliminary investigation, which, however, did not happen due to a number of reasons. The article also focuses the attention on the imperfection of the normative legal acts of the Ministry of Internal Affairs of the Russian Federation, which, according to its author, need deep scientific understanding and updating against the background of new emerging threats from the criminal world. That is why the place and role of the bodies of inquiry functioning in the system of the Ministry of Internal Affairs of the Russian Federation in parallel with the investigative authorities need to be clarified. Discussions on the subject of elimination and preliminary investigation do not cease, and in the context not so much of the creation of a single (non-departmental) investigative committee in its completed form, as in the framework of a strategy focused on the complete deformation (deprocessualization) of pre-trial proceedings in criminal cases as a whole. In any case, the realigners of modern criminal procedure legislation and the practice of its application should bear in mind that such metamorphoses of the stages of initiation of a criminal case and preliminary investigation will inevitably entail the most serious transformations in the judicial stages, for which not only representatives of the executive and judicial branches of the federal government, but also the reformers themselves, are absolutely not ready.

BASIC PRINCIPLES AND GENERAL CONDITIONS OF PROCEEDINGS IN CRIMINAL CASES ON CRIMES COMMITTED BY MINORS AND AGAINST MINORS

Taking into account the amendment to the Constitution of the Russian Federation of 2020 on the priority of childhood (part 4 of article 67.1), the article formulates proposals to introduce into the Code of Criminal Procedure of the Russian Federation provisions on the basic principles and general conditions of proceedings in criminal cases of crimes committed by minors and against minors. To develop this novelty of the law, we propose to expand the possibilities of providing qualified legal assistance to minor victims - to provide such an opportunity for all minors under the age of 18 who became victims of serious and especially serious crimes, as well as for all minors under the age of 16, who became victims as a result of committing crimes of any gravity; the presence of such a right to a minor and his legal representative must be explained by the investigator, the head of the investigative body, the prosecutor, the court. Only such an approach will help ensure the real priority of the rights of juvenile victims in criminal proceedings.

Accelerated Pre-Trial Proceedings in the Russian Criminal Process: Formation of Optimal Models

Introduction. In modern conditions of optimisation of criminal proceedings and improvement of its efficiency, it is very important to analyse various models of accelerated pre-trial proceedings in criminal cases of minor and moderate crimes. Theoretical Basis. Methods. The object of the study is the criminal procedural legal relations that arise, change and terminate in connection with the use of accelerated procedural models in the course of pre-trial proceedings in criminal cases. The methodological basis of the research is the general dialectical method of scientific cognition, which made it possible to study the subject of research in relation to other legal phenomena, as well as general scientific methods of cognition (analysis, synthesis, induction, deduction, analogy, modeling) and private scientific methods of cognition (formal legal, historical-legal, comparative-legal, and concrete-sociological. Results. The author came to the conclusion that the accelerated criminal procedure procedures, depending on the totality of their procedural elements, can be conditionally divided into general, conciliatory (compromise) and protocol procedures. The criteria for differentiating models of accelerated pre-trial proceedings are criminal law, criminal procedure, organisational and criminological. The structure of the criminal law criterion consists of the category and severity of the crime committed. The content of the criminal procedure criterion is the discretionary powers of authorised officials to carry out an investigation in a particular accelerated pre-trial procedure, the will of the participants in the criminal process, and the reduction of the proof process. This latter point may include and in different ways combine, elements to narrow the subject of proof, reduce the duty of proof, correct the stage of verification of evidence and limit the means of proof. Organisational differentiation criterion determines, first, the corresponding accelerated pre-trial opportunity for establishment of circumstances, (subject to proof), and secondly, the benefits of these industries to focus on the investigation of more complex and socially dangerous crimes. The criminological criterion of differentiation is characterised by the characteristics of the personality of the person subject to criminal prosecution and the victim and determines the possibility of applying a particular accelerated pre-trial procedure, taking into account these properties. Accelerated forms of pre-trial proceedings are basically based on various methods of speeding up the process of criminal trial. These methods can be conditionally defined as general and special. The general method of speeding up pre-trial proceedings is characterised by a reduction in the duration of the investigation, as well as the removal of certain investigative and procedural actions from the procedure of procedural regulation. The special method involves speeding up pre-trial proceedings in order to reduce the process of proof, which includes narrowing of the subject of proof, reducing the duty of proof, correcting the stage of verification of evidence and limiting the means of proof. Discussion and Conclusion. The effective organisation of Russian accelerated pre-trial proceedings can be ensured through the implementation of three procedural models: Firstly, inquiry in the general order; Secondly, inquiry in the abbreviated form, (which is based on the positive post-criminal behavior of the person who committed the crime); Thirdly, protocol pre-trial proceedings, which is used in cases of minor crimes committed in conditions of evidence.

О путях совершенствования регламента производства по уголовным делам частного и частно-публичного обвинения

The purpose of the article is, based on an analysis of the differences in the procedures for initiating criminal cases of private and private-public prosecution and proceedings on them, to show the existing contradictions in the legislative regulation of the proceedings, to outline ways to eliminate them. The study made it possible to state the existence of problems in the public procedure for initiating a case – the dependence of the victim-applicant on the will of law enforcement officials and the possibility of difficult-to-surmount obstacles for him in access to justice. The difference in the procedures for terminating criminal cases of the two categories under consideration in connection with the reconciliation of the parties and the shortcomings of the regulation of these procedures in the criminal procedure law are discussed. The draft law of the Supreme Court of the Russian Fed-eration on the transfer of private prosecution cases to the category of private-public prosecution cases is being studied. The advantages and disadvantages of this draft law, proposals for its improvement are formulated. Proposals have been developed to improve the criminal procedure law in terms of regulating the proceedings in criminal cases of private and private-public prosecution.

Ways to increase the effectiveness of criminal proceedings in criminal cases of non-payment of funds for the maintenance of children or disabled parents

Ways to increase the effectiveness of criminal proceedings in criminal cases of non-payment of funds for the maintenance of children or disabled parents

Consideration by the court of petitions of persons involved in criminal proceedings in pre-trial proceedings in criminal cases in the Russian Federation

Consideration by the court of petitions of persons involved in criminal proceedings in pre-trial proceedings in criminal cases in the Russian Federation

Тактико-психологические проблемы поддержания государственного обвинения в суде присяжных

The article states that psychological knowledge is important for effectively exercising state prosecution in a jury trial. The main purpose of the research is to establish and analyze existing tactical and psychological issues of prosecutor’s participation in court proceedings in criminal cases with the participation of jurors and to develop proposals for their solution. The set of general scientific and special methods is the background of the methodology of research. The article identifies common strategies the defense can illegally influence jurors and emphasizes the importance for the state prosecutor to consider the confessional and national characteristics of the region where the case is being considered. It also looks into the necessity to develop a unified approach to delimitation of illegal and acceptable influence on jurors. The article considers the challenges of overcoming psychological influence of the attorney for the defense on the jury; the influence of certain emotions of the jury on the final verdict in the case; determines the character of certain evidence and circumstances of the criminal case upon the jury; establishes the degree of external communication influence on the jury. The conclusion is made about the necessity of developing applied solutions of supporting the prosecution in the court of jury on the basis of interdisciplinary approach.

Proceedings in criminal cases in relation to a certain category of persons: concept and purpose

Proceedings in criminal cases in relation to a certain category of persons: concept and purpose

Организация работы следователя

The main directions of the organization of the work of the investigator are considered, which ensure the creation of the best conditions for high-quality, efficient, complete and rapid disclosure and investigation of crimes, as well as the implementation of current organizational activities with the most optimal expenditure of time, effort, and funds established, that the organizational issues of the investigator’s work and their detailed study allow not only to ensure the timely fulfillment of the tasks assigned to the preliminary investigation, but also to avoid or minimize conflicts that occur in practice during the investigation. The analysis of the main reasons for the inefficient organization of the work of investigators made it possible not only to give the necessary recommendations, but also to highlight their scientific and practical components. It was revealed that in view of the fact that the preliminary investigation is of great importance for the proper administration of justice, then the correct organization of work at the preliminary investigation allows not only to properly carry out functional and official duties, but also to comply with the time frames indicated by the current criminal procedure legislation. The conclusion is made about the relevance of an active approach in organizing the work of an investigator in order to achieve optimal conditions for his work, due to the impossibility of carrying out the tasks assigned to the investigator without successfully fulfilling his professional duties. This is especially true in the current era of digitalization of the activities of preliminary investigation bodies. The investigator must act as a universal manager of planning his time, taking into account modern conditions and the needs of society and legislation. The issues of rational planning and accounting for the effectiveness of the use of working time by the investigator were studied. Recommendations are given for its systematization and control of working time. Emphasis is placed on the need for scientific improvement of the activities of the investigator, the use of forecasting and optimization in planning, which plays an important role in the organization of competent, fast and objective proceedings in criminal cases and audit materials in general. Recommendations are given for the use of special programs for organizing time for the benefit of the investigation, taking into account modern features of the digitalization of society. The main ways and means of improving the technical work of the investigator, which occupies a large place in his activities, are recommended.