Proven Guilty Research Articles

Regulatory options for cultivars and hybrids of invasive plant species – the South African experience

Abstract Invasive plant taxa are generally regulated at the species level, without considering infra- or inter-specific variation. However, cultivars or hybrids can be of a lower level of risk, e.g., due to sterility. We evaluate six general approaches to regulating cultivars and hybrids -1) “Globally guilty by association”; 2) “Nationally guilty by association”; 3) “Guilty until proven innocent”; 4) “Negotiated guilt”; 5) “Claimed to be innocent”; and 6) “Innocent until proven guilty”. We discuss these approaches in the context of South Africa (which has a typified “Negotiated guilt” approach). Following negotiations since 2001 between the South African horticultural industry/green industry and legislators, an unofficial consensus list of “presumed sterile” cultivars and hybrids was produced in 2014 containing 187 entities from 34 taxa. In 2020 this was reduced to 157 entities from 16 taxa. But the evidence supporting the original lists and the subsequent revisions were not published. To address this issue, we developed a generic pro-forma for reporting sterility based on observations and/or experiments on: flowering, fruiting, pollen, and seeds; the potential for vegetation propagation; and the potential for genetic changes (including hybridisation and reversion to fertility). We recommend that such information should be incorporated into risk analyses conducted specifically for infra- and inter- specific entities, and only if the risk of a harmful invasion is demonstrated to be acceptably low or can be easily mitigated should such entities be exempted from regulation. This will be time-consuming, but by setting out the evidence clearly, the approach is transparent and provides a clear route for stakeholders to seek exemptions for entities of importance. In summary, although we suspect the simplicity of the “Negotiated guilt” approach is desirable to many stakeholders; in general, and specifically for South Africa, we recommend a shift towards the “Guilty until proven innocent” approach.

On Procedural Safeguards of the Rights of the Accused and Suspect in Termination of Criminal Prosecution on Non-Rehabilitating Grounds

The institute of termination of criminal cases (criminal prosecution) on non-rehabilitating grounds has long raised questions in the theory of criminal procedure regarding its legitimacy. Many authors see a significant logical contradiction between this institute and the principle of presumption of innocence, which is essential for protecting human rights. However, this issue cannot be resolved by declaring the question of guilt in cases terminated on these grounds as “open”, or by simply replacing the term “finding of guilt” with the term “ascertaining of guilt”. It is proposed to address this issue within the framework of legal interpretation of the concept and essence of presumptions, including the presumption of innocence. By providing that the accused is considered innocent until proven guilty in accordance with the law and established by a court verdict that has entered into legal force, the presumption of innocence applies only to a specific situation where the criminal process ends with a guilty verdict. However, it operates more broadly outside of this situation – as a mechanism for distributing the burden of proof between the parties in the process, which is used only until it is no longer necessary, that is, when the process of proving guilt is not completed by any final decision in the criminal case (not just a guilty verdict), and only until that moment can it be stated that the accused is considered innocent. Among such decisions are procedural decisions to terminate a criminal case (prosecution) on non-rehabilitating grounds, in which the investigator, taking into account the above, ascertain the person’s guilt in committing a crime and informs them of this.

Exploring the Nexus of the Rights of Undertrial Prisoners in India with Emphasis on the BNSS(Bharatiya Nagarik Suraksha Sanhita) 2023, and the United Nations' Role"

In India persons who are detained in jail while awaiting trial on criminal charges are referred to as under-trial prisoners.. How does a system that claims to be equitable and justifiable explain denying freedom to its people based on the presumption of ‘innocent until proven guilty’? An efficient criminal justice system must unavoidably guarantee that those who are accused get a fair trial for the crimes they are allegedly guilty of. This article looks forward to embracing the adaptation of a new approach towards prolonged incarceration in jails to recognize the rights of undertrials by analyzing the proposed changes under the Bharatiya Nagarik Suraksha Sanhita 2023. In a comparable situation to the indigents wealthy people are impoverished to secure their freedom so why does the system of bail create prejudice based on economic discrimination? This article highlights the rights of undertrial prisoners mainly on humanitarian grounds internationally on the roles of the United Nations that enshrined the Right to personal liberty and the right to equality related to non-discrimination based on economic grounds. Because different groups have objectively different social ideals and social behaviours, the poorest and least fortunate members of society typically pay a disproportionate part of the socioeconomic consequences of crime.

The Elements of Crime under the Pakistani Legal System: An Overview

Under criminal jurisprudence, a crime is generally different from an offence, however, in Pakistan, both of them are seen as the same thing. There are different categories of crimes under Anglo-American jurisprudence, however, Pakistan does not follow this model and has categorized offences into three types on the touchstone of the presence of mens rea as the significance of mens rea is such that its presence or lack thereof changes the whole category of crime altogether. There are three essential elements of a crime: mens rea, actus reus, and concurrence, and the Pakistani Courts with a handful of exceptions mention the first two as the only elements while forgetting concurrence. While there is a presumption of mens rea for every offence, the same can be ruled out by the statute itself. The onus to prove the guilt of the accused is on the prosecution through reliable and admissible evidence as a person is deemed innocent until proven guilty. The methodology used in this paper is doctrinal.

An Accused is the Favorite Child of the Law & Innocent until Proven Guilty: Deconstructing the Doctrine of Innocence in the Criminal Justice System of Pakistan

An Accused is the Favorite Child of the Law & Innocent until Proven Guilty: Deconstructing the Doctrine of Innocence in the Criminal Justice System of Pakistan

Legal Sanctions for Notaries Violating the Code of Ethics in Making Deeds in Indonesia

The authority of notaries in Indonesia is regulated by Law Number 2 of 2014 concerning Notary Positions (UUJN). UUJN was established to ensure that notaries carry out their professional duties by providing legal protection and certainty to the public. However, the implementation of this law has not been optimal, leading to violations that contradict its provisions. In the year 2022, 67 notaries were suspected of violating the code of ethics.Through normative legal research, it was identified that notarial code of ethics violations, such as failure to read out deeds or allowing others to sign deeds in the presence of their staff, have been on the rise. Therefore, there is a need for the optimization of sanctions against notaries who breach the code of ethics, both in civil and criminal aspects, in accordance with the severity of their offenses.Supervision of notaries aims to ensure compliance with existing regulations and the code of ethics. If proven guilty of violations, notaries should face sanctions commensurate with their transgressions. The Notarial Code of Ethics encompasses five levels of sanctions, ranging from warnings to dishonorable discharge from the Notary Association membership. Notaries are obligated to adhere to UUJN, the Notarial Code of Ethics, and maintain integrity and dignity in the execution of their profession.

What do we know about ‘rape myth’ research and the claim that there is ‘overwhelming evidence’ that juries are prejudiced in rape trials?

This paper examines the research by Fiona Leverick and demonstrates the methodological flaws in much of the ‘rape myth’ and mock jury research. Other ideas about rape myths and the ‘justice gap’ are explored and seen to be questionable. Furthermore, through a detailed examination of the rape myth acceptance scales, which Leverick describes as being ‘scientifically validated’, we trace the ideological and political-ethical nature of these scales and show a clear one-sidedness in how researchers have used them. Most particularly, we find that there is one-sidedness when it comes to the question of victim empathy. One result of this is that mock jury research has indicated that victim empathetic participants are finding individuals guilty of rape, despite the lack of evidence, and almost nothing has been said about the potential miscarriages of justice being demonstrated in these cases. The argument is thus made that rather than there being overwhelming evidence of rape myth prejudices amongst the public, there appears to be a one-sidedness amongst most rape myth researchers that is encouraging a sentiment of victim empathy that could distort the principles of justice regarding defendants being innocent until proven guilty based on a need to prove guilt beyond reasonable doubt. 1

“Something has to change”

“Something has to change”

Sanksi terhadap Praktik Bullying di Pesantren Kota Padangsidempuan

Bullying is an event that is so worrying because it occurs in educational institutions such as Islamic boarding schools. The background to the occurrence of bullying is due to the different characters of the students, their age or level of education, and the culture of their family origin. With these various differences in the background, life in Islamic boarding schools is full of diversity, but problems can also arise, one of which is bullying. The location of this research is at the Padang Sidempuan Islamic Boarding School, namely Al Ansor Padangsidempuan Islamic Boarding School and Darul Ikhlas H. Abdul Manap Siregar Padang Sidempuan Islamic Boarding School. This study aims to find out how bullying occurs in Islamic boarding schools in Padang Sidempuan City and how to deal with it. Data collection techniques used were observation, interviews, focus group discussions (FGD), and documentation. Data analysis is used with qualitative descriptive analysis. The results of this study show that the forms of bullying that occur are physical bullying, verbal bullying, psychological bullying, and social bullying. To deal with bullying that occurs in Islamic boarding schools, those schools carry out two actions: first, preventive action, which consists of Islamic boarding school religious activities; and second, repressive action, which means that if there is a complaint of bullying, the person concerned will be called to the BK room and processed. If proven guilty, sanctions will be given according to what was violated. The sanctions given are in accordance with what was agreed upon at the beginning of entering the hut. Starting from physical sanctions, summoning parents, even expulsion from the hut. So far, the two Islamic boarding schools have never reached the realm of the law (court). Most are resolved amicably or according to the rules that apply in Islamic boarding schools.

Capsaicin and cancer: Guilty as charged or innocent until proven guilty?

ABSTRACT With an estimated 2 billion chili pepper connoisseurs worldwide, the human exposure to capsaicin is enormous. Therefore, the question whether nutritional capsaicin is a cancer causing or cancer preventive agent is of utmost importance. The gamut of human epidemiology studies suggests that capsaicin in modest, “restaurant-like” doses is not only safe to eat, but it may even provide health benefits, such as lower cancer-related death rate. Very “hot” food is, however, probably better avoided. Importantly, no increased cancer risk was reported in patients following topical (skin or intravesical) capsaicin therapy. Aberrant capsaicin receptor TRPV1 expression was noted in various cancers with potential implications for cancer therapy, diagnosis and prognostication. Indeed, capsaicin can kill cancer cells by a combination of on- and off-target mechanisms, though it remains unclear if this can be exploited for therapeutic purposes. The literature on capsaicin and cancer is vast and controversial. This review aims to find answers to questions that are relevant for our daily life and medical practice.

Innocent Until Proven Guilty?: Examining the Constitutionality of Public Housing Evictions Based on Criminal Activity

Innocent Until Proven Guilty?: Examining the Constitutionality of Public Housing Evictions Based on Criminal Activity

Accusations of Cheating in Chess and Relevant Psychological Factors: Innocent Until Proven Guilty Unless You are World Champion

Accusations of Cheating in Chess and Relevant Psychological Factors: Innocent Until Proven Guilty Unless You are World Champion

“BERÂET-İ ZİMMET ASILDIR” KAİDESİNİN TEMELLERİ, KAPSAMI VE EVRENSELLİĞİ

Öz İslam dininin esasları genel olarak iman, amel, ahlak kısımlarına ayrılmıştır. Amel, fıkhın kapsamında ele alınmıştır. Fıkıh da usûl ve füru‘ şeklinde ifade edilen iki yazım türüne sahip olmuştur. Fıkıh ilminin bu yazım türleriyle birçok alt edebi türler ortaya çıkmıştır. Bu alt türlerden birisi de kavâid edebiyatı denilen genel kurallardır. Bu kurallara “küllî kâideler” denilmektedir. Küllî kâidelerin kaynağı dinî naslar, fıkhî miras ve kültürel unsurlardır. İslam hukukundaki genel kurallardan bir tanesi de “Berâet-i zimmet asıldır” kâidesidir. Bu kâideye göre kişi asıl olarak doğuştan, suçsuzdur, borçsuzdur. Bu kural aynı zamanda “Asli berâet ilkesi” olarak tanımlanmaktadır. Kişi suçu ispat edilirse suçlu, borcu ispat edilirse borçlu olur. Kişinin zimmetinin boş olması temel olarak Kur’ân-ı Kerim ve Sünnete dayanmaktadır. Asli berâet ilkesi ibadetlerde, borçlar hukukunda, ceza hukukunda geçerlidir. İslam hukukunun temel prensiplerinden birisi olan kişinin borçsuzluğu ve suçsuzluğu ilkesi esasen, evrensel bir kuraldır. Bütün hukuk sistemlerinde yeri vardır. İnsan Hakları Evrensel Beyannamesi’nde de mevcuttur. Bu beyannameye göre; kişi kamuya açık olarak suçu ispatlanıncaya kadar suçsuzdur. Kendisini savunma hakkı vardır. Asli berâet ilkesi günümüzde uygulanan hukuk sistemlerinde de mevcuttur. Bu ilkeye güncel hukukta “masumiyet (suçsuzluk) karinesi” denilmektedir. ABSTRACT The principles of the religion of Islam are generally separated as faith, deeds and morals. Deeds are covered within the scope of Islamic Law (Fiqh). Islamic Law also has two types of writing: method (usûl) and issue (füru'). Many sub-literary genres have emerged with these writing types of the science of Islamic Law. One of these sub-genres is called regulations (kavaid) literature which is a general rule. These rules are called "universal rules". A person becomes guilty if his guilt is proven, a debtor if his debt is proven, and a sinner if he commits a sin. Contrary to Christianity’s claim about the existence of the original sin, there is no original sin in Islam. If there is doubt about the proof of crime and debt, the situation is evaluated in favor of the accused, in a manner that is essentially based on the Qur'an and the Sunnah. The principle of “everyone is innocent until proven guilty” is valid in criminal law, in the law of obligations and in worship. This principle is also related to some other general rules as well. It is a universal rule that a person should be essentially debt-free and guilt-free; and this rule has its place in all legal systems. This principle is also present in the Universal Declaration of Human Rights. According to this declaration, the person is publicly innocent until proven guilty; and everyone has the right to defend themselves. The principle of essential acquittal is also present in the legal systems applied today. Currently in law, this principle is called “presumption of innocence (guiltlessness)”.

Addressing Commercial Determinants of Health in African Pesticide Research

Pesticide research, particularly in low- and middle-income countries (LMICs) continues to identify exposure risks and why pesticide poisonings continue (e.g., poor surveillance, weak legislation, use of highly hazardous pesticides, high-risk use and application practices). Focus often is on highlighting specific pesticide products, exposure risk contexts and vulnerable populations, as well as behaviours of farmers, workers and consumers. What is, however, less often assessed in pesticide research is the impact of commercial determinants on health (CDoH), which is referred to as "strategies and approaches used by the private sector to promote products and choices that are detrimental to health”, and the role of corporate capture. In this review, the aim was to identify the key components of CDoH impacting on health outcomes for populations, particularly in Southern Africa, exposed to pesticides. Five strategies of the pesticide industry were identified that result in exposure risks and negative health outcomes. These strategies and concepts include: the social responsibility approach (e.g., responsible and safe use), mis- and lack of information (e.g., confidential business information), corporate capture (e.g., revolving staff door with regulators), apportioning blame (e.g., "misuse”), and uncertainty science (e.g., products are innocent until proven guilty, corporate research funding). The findings and complexity of each of these strategies will be presented. The impact of epidemiological research for evidence policy making will continue to be undermined as long as the CDoH are not addressed along side research. It is recommended that researchers include an analysis of pesticide commercial determinants as part of epidemiological research and that environmental health curricula include training on commercial determinants of environmental health. Young pesticide researchers need guidance on navigating corporate research funding, conflicts of interest and the long-term impact on their careers. To reduce pesticide poisonings in LMICs, CDoH need to be identified and addressed by researchers.

Ask Athena: What To Do When a Board Member Stands Accused

Ask Athena is Science Editor’s advice column for your most challenging publishing and editing questions. Submit your questions to scienceeditor@councilscienceeditors.org Dear Athena, Our journal has a large editorial board, and one of our members has just been charged with a crime. A trial will be forthcoming, but there has not yet been a decision of guilt. The crime does not involve research misconduct, but is loosely related to our profession. What should the journal do now? —Accused Dear Accused, How unfortunate. Because you don’t have a lot of information, and nothing has been decided in a court of law, it is best at this point to remain cautious and remember that this person is innocent until proven guilty. You should not do anything that would punish the board member before you have more information. If your journal is published by a society, you should consult with the legal team, either in-house or external. They can advise you as to how to proceed. The society may have a policy for such situations, and there may be ramifications to this person’s volunteer activities if they go beyond peer review. For example, the person may not be allowed to serve on committees until the outcome of the trial is determined, or their name may need to be removed from the Editorial Board listing. If you are with a large publisher, they will likely have legal counsel that can provide input. Your next steps as a journal depend somewhat on your level of […]

E-justice to Bridge Records Management Gap at the High Court in Namibia

E-justice is an electronic records management system aimed at enhancing the availability of electronical court records to support the discharge of justice. Urgent need to assess the relevance of the system was required as statistical information from 2019, indicated that approximately 25440 high court cases could not be finalised between 2015 and 2019 due to a lack of access to reliable court records. This created perpetual embarrassment as suspects who are innocent until proven guilty, remain imprisoned. Towards exploring the enhancement of an e-justice system to expand access to records in the judiciary, the study adopted a qualitative approach in which data was collected through interviews and observation. Twelve participants were interviewed, and numerous high court offices visited, to assess the extent to which improvements to an e-justice system is required. Findings revealed that a lack of specific policies and procedures to govern the management of records impacted negatively on the access to court records. In addition, financial limitations, old ICT infrastructure, and poor human resource skill further exacerbate the problem. The solution towards the problem is based on the development and implementation of an e-justice framework where records are captured, categorised, and made accessible to high courts through advanced information and communication infrastructures. Towards this end, it is recommended that the Namibian Judiciary embark on a change management process where updated ICT infrastructure support records management life cycle functions and where all members of the judiciary are well versed in the use of an e-justice system.

HAK ASASI MANUSIA TERSANGKA TINDAK PIDANA TERORISME: STUDI PERBANDINGAN ANTARA INDONESIA DAN MALAYSIA

Terrorism is the use of force or threat to use force with the aim of bringing a political change, this is the definition according to Brian Jenkins. It is not doubted by anyone that the crime of terrorism is an act of crime that is extraordinary. However, similar to any other crimes, the principle of innocent until proven guilty should always be upheld. This is due to the fact that we should presume anyone’s innocence until the court of law hold otherwise. This paper is aimed to further discuss pertaining to the human rights of an accused of crime of terrorism both in Indonesia and in Malaysia based on terrorism laws of both countries, namely, Law Number 5 of the Year 2018 and Security Offences (Special Measures) Act 2012 (SOSMA) & Prevention of Terrorism Act 2015 (POTA).

Innocent until proven guilty: suspicion of deception in online reviews

PurposeThis study aims to formulate a new framework for identifying deception in consumer reviews through the lens of interpersonal deception theory (IDT) and the persuasion knowledge model (PKM). It evaluates variables contributing to consumer intentions to purchase after reading deceptive reviews and proposes deception identification cues to be incorporated into the interpersonal communication theoretical framework.Design/methodology/approachThe first study is qualitative and quantitative, based on sentiment and lexical analysis of 1,000 consumer reviews. The second study uses the US national consumer survey with a partial least squares partial least squares-structural equation modeling and a process-based mediation–moderation analysis.FindingsThis study shows deceptive characteristics that cannot be dissimulated by reviewing consumers that represent review legitimacy based on review valence, authenticity, formalism and analytical writing. The results also support the central role of consumer suspicion of an ulterior motive, with a direct and mediation effect regarding consumer emotions and intentions, including brand trust and purchase intentions.Research limitations/implicationsThis paper presents a new framework for identifying deception in consumer reviews based on IDT and PKM, adding new theoretical elements that help adapt these theories to written digital communication specificities. This study clarifies the role of suspicion in a deceptive communication context and shows the variables contributing to consumers’ purchase intention after reading deceptive reviews. The results also emphasize the benefits of lexical analysis in identifying deceptive characteristics of reviews.Practical implicationsCompanies can consider the vulnerability of certain generations based on lower levels of suspicions and different linguistic cues to detect deception in reviews. Long-term, marketers can also implement deception identification practices as potential new business models and opportunities.Social implicationsPolicymakers and regulators need to consider critical deception cues and the differences in suspicion levels among segments of consumers in the formulation of preventative and deception management measures.Originality/valueThis study contributes to the literature by formulating a new framework for identifying deception in consumer reviews, adapted to the characteristics of written digital communication. This study emphasizes deception cues in electronic word-of-mouth and provides additional opportunities for theorizing deception in electronic communication.

Rethinking our chemical legacy and reclaiming our planet

Rethinking our chemical legacy and reclaiming our planet

Innocent Until Proven Guilty: Systematic Review of the Effect of Livestock on South American Wild Canid Parasites

Livestock is regarded as a source of parasites to wildlife populations, but no assessment of the nature and magnitude of parasite transmission from livestock to South American canids is available. Here we systematically reviewed articles that evaluate protozoa, helminths and arthropods in wild canids living in areas with and without the presence of livestock. There is an unbalanced study effort which precludes proper testing of the assumption that livestock increase the incidence and prevalence of parasites in wild canids. Most of the parasites reported are shared with domestic carnivores. Available information strongly suggests that the role played by livestock and their associated dogs on wild canid parasitism should be re-evaluated.