Comparative Analysis of the Legal Remedies in Criminal Proceedings in Bosnia and Herzegovina, United States of America, United Kingdom, Republic of Croatia and Scotland

2015 ◽  
Vol 2 (2) ◽  
pp. 115-142
Author(s):  
Nejra Muharemović Orić
2019 ◽  
pp. 45-57
Author(s):  
O. Plakhotnik

Artificial intelligence a set of scientific methods, theories and techniques whose aim is to reproduce, by a machine, the cognitive abilities of human beings. The artificial intelligence system is capable of using big data, calculating, evaluating, studying, deductive reasoning, abstract analysis and forecasting. The speed of information processing by artificial intelligence and its efficiency in making procedural decisions creates a model for digital automation of procedural decisions. The purpose of the article is to investigate the use of artificial intelligence in the judicial systems of developed countries and to analyze the prospects for its use in criminal proceedings in Ukraine. Such automation simplifies the process of making similar decisions in similar proceedings, which, of course, increases efficiency and simplifies procedural decision-making process in terms of procedural cost savings. Modern developments seek to ensure that machines perform complex tasks that were previously performed by humans. In the near future, accompanying organizational measures for the implementation of artificial intelligence and its regulatory support in public authorities associated with the storage of big data, processing information based on mathematical algorithms and making decisions based on artificial intelligence will be an integral part of our society. Artificial intelligence technologies are already being implemented in the judicial systems of China, the United States of America, the United Kingdom, France and Argentina. In the near future, the chances of using such technologies in the courts of general jurisdiction of Ukraine and in the criminal proceedings of Ukraine can be assessed as extremely high, and its scope is not limited to the work of artificial intelligence in court. You can also talk about the work of artificial intelligence in the activities of the prosecutor and the police. The paper deals with the use of artificial intelligence in the judicial systems of developed countries and analyzes the prospects of its use in criminal proceedings in Ukraine. These systems are reviewed, as: COMPAS (Correctional Offender Management Profiling for Alternative Sanctions) - United States of America, HART (Harm Assessment Risk Tool) - United Kingdom, Prometea - Argentina, Compulsory Similar Cases Search and Reporting Mechanism - China. The advantages of artificial intelligence systems are analyzed and a critique of their use is noted.


Author(s):  
Wong Yeou Min ◽  
Mohd Hassan Abdullah ◽  
Rosnidar Mansor ◽  
Syakirah Samsudin

This study was conducted to compare and discuss the teacher clinical experience structure offered by the Sultan Idris Education University (UPSI) and the chosen universities from Singapore, Hong Kong, Canada, United States of America, United Kingdom, and Australia. This comparative analysis is carried out using a qualitative approach which will focus on the purposes, duration, timing and phases or components of the teacher clinical experience offered by the UPSI and the chosen universities. This analysis has identified that the time allocation for the teacher clinical experience of the UPSI was too short; the timing for pre-service teachers to undergo teacher clinical experience was inappropriate, and the phases or components of teacher clinical experience adopted was insufficient. This paper will suggest a new teacher clinical experience structure and provide implications that can be learnt by the UPSI from other universities abroad to enhance its existing teacher clinical experience.


2020 ◽  
pp. 86-91
Author(s):  
N. Yu. Borzunova ◽  
K. L. Maksimova ◽  
A. M. Tsechoev

The article deals with the specific features of the presumption of innocence principle and the problems of its implementation in Russia and the United States of America, as well as theoretical issues of this concept. The materials of practice reflecting violations of the principle of presumption of innocence are presented, and various opinions of legal scholars on the implementation of the principle of presumption of innocence are given. Examples from practice are analyzed, including cases that have a high public profile: the criminal case against two football players Pavel Mamaev and Alexander Kokorin, the decision of the Strasbourg European Court of human rights in the case “Fedorenko V. Russia” and the criminal case of the famous American producer Harvey Weinstein. The article analyzes the “plea bargain” that is used in the United States of America. The problems of implementing the principle of presumption of innocence and ways to solve them are outlined.


2020 ◽  
pp. 1-24
Author(s):  
Rehana Cassim

Abstract Section 162 of the South African Companies Act 71 of 2008 empowers courts to declare directors delinquent and hence to disqualify them from office. This article compares the judicial disqualification of directors under this section with the equivalent provisions in the United Kingdom, Australia and the United States of America, which have all influenced the South African act. The article compares the classes of persons who have locus standi to apply to court to disqualify a director from holding office, as well as the grounds for the judicial disqualification of a director, the duration of the disqualification, the application of a prescription period and the discretion conferred on courts to disqualify directors from office. It contends that, in empowering courts to disqualify directors from holding office, section 162 of the South African Companies Act goes too far in certain respects.


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