Federal Criminal Procedure. Where Federal Prosecutor Negligently Fails to Disclose Material Evidence, Defendant Is Entitled to Habeas Corpus Regardless of Defense Counsel's Lack of Due Diligence

1966 ◽  
Vol 52 (7) ◽  
pp. 1367
Keyword(s):  
Criminal Procedure ◽  
Due Diligence ◽  
Habeas Corpus ◽  
Federal Prosecutor ◽  
Material Evidence

THE PROBLEM OF COLLECTING AND EVALUATING EVIDENCE DURING THE INVESTIGATION OF USED AND VIOLENT CRIMES

2018 ◽  
Author(s):  
Volodymyr Baranyak ◽  
Keyword(s):  
Criminal Procedure ◽  
Professional Responsibility ◽  
Criminal Investigation ◽  
Criminal Proceedings ◽  
Violent Crimes ◽  
Careful Planning ◽  
Crime Detection ◽  
Preliminary Study ◽  
Material Evidence

The article is devoted to the study of problematic issues of collecting and evaluating evidence during the investigation of mercenary and violent crimes. It is proposed to make recommendations for improving the efficiency of crime detection on the basis of the principle of professional responsibility for this operational and investigative, investigative and forensic units. The issue of interaction of a forensic specialist with other services involved in the detection of crimes in cases of mercenary and violent crimes is considered. Emphasis is placed on the correctness of the design and timeliness of obtaining evidentiary information and the importance of the primary investigative actions, in which it is mainly concentrated. Due to the complexity of mercenary and violent crimes during the investigation in criminal proceedings, associated with careful planning, different ways of concealing traces at the scene, masking criminals, different ways of getting rid of resisting the attacker, the dependence of the effectiveness of criminal investigations actions of a specialist at the scene, the quality of the evidence collected and the preliminary study. Emphasis is placed on the importance of various forensic examinations that are performed in modern conditions during the investigation of crimes of mercenary and violent orientation. Cases of obtaining material evidence in violation of the rules of criminal procedure: marked, which consists in improper packaging of seized material evidence, lack of signatures of witnesses, a detailed description of the traces in the protocol of the investigation, violation of packaging and more. The most problematic is to determine the range of persons capable of committing crimes of selfishness and violence. However, it is characteristic of these crimes that they are usually committed according to a pre-designed plan, sometimes by groups with organizers and perpetrators. The importance of conducting preliminary investigations at the scene and during the investigative inspection of individual objects and traces as a way to quickly obtain information for the organization of a criminal investigation and which should be aimed primarily at studying information to facilitate the search and apprehension of the offender.

scholarly journals PROCEDURAL FEATURES OF INVESTIGATORS (SEARCH) ACTIONS AS MEANS OF COLLECTING EVIDENCE IN CRIMINAL PROCEEDINGS AGAINST JUVENILES

2020 ◽  
pp. 400-407
Author(s):  
К. С. Рябченко
Keyword(s):  
Criminal Procedure ◽  
Psychological Characteristics ◽  
Criminal Proceedings ◽  
Criminal Offenses ◽  
Legitimate Interests ◽  
The Subject ◽  
A Minor ◽  
Procedural Rights ◽  
Material Evidence ◽  
Factual Data

The relevance of the article is that evidence in criminal proceedings is the most important part, which is carried out in the manner prescribed by law by the investigator, prosecutor, investigating judge and court with the participation of other participants in criminal proceedings to collect, verify and evaluate factual data (evidence) to establish the reality, substantiate the conclusions and decisions taken. The procedural form of proof is determined by its content. In essence, proving includes cognitive, communicative, witnessing, and mental activity. The first element of the process of proving is the collection of evidence, which consists in identifying sources and carriers of evidentiary information, obtaining, seizing material evidence, fixing, fixing in the statutory procedural form of factual data. One of the most effective procedural ways of gathering evidence is investigative (search) actions. The aim of the work is to analyze the current criminal procedure legislation and the position of scholars on the theory of criminal procedure on the procedure for conducting investigative (search) actions during the investigation of criminal offenses committed by minors. The article is devoted to the study of procedural features of investigative (search) actions with the participation of a minor. Problems were clarified and proposals for their solution were proposed by making changes and additions to the criminal procedural legislation to ensure the realization of procedural rights and legitimate interests of the juvenile. It is concluded that the conduct of investigative (search) actions as a means of obtaining evidence in criminal proceedings against minors are based on the characteristics of the subject of such proceedings - minors. In order to ensure the realization of the procedural rights of a minor, it is proposed to enshrine in the CPC of Ukraine certain provisions that will formulate an order that least disrupts the normal lifestyle of a minor and will correspond to his age and psychological characteristics.

Enhanced Rights for Detained Persons

2020 ◽  
Vol 4 (1) ◽  
pp. 89-108
Author(s):  
Ewang Sone Andrew
Keyword(s):  
Human Rights ◽  
Criminal Justice ◽  
Rule Of Law ◽  
Police Officers ◽  
Justice System ◽  
Criminal Procedure ◽  
Full Potential ◽  
Habeas Corpus ◽  
The Rule Of Law ◽  
Procedure Code

The incorporation of habeas corpus and bail in the Cameroonian Criminal Procedure Code has not only entrenched them in law, but has also widened and deepened their scope, with a view to obtaining, as far as possible, the respect for human rights and the rule of law in order to ensure a more functional criminal justice system in Cameroon. The incorporation of habeas corpus and bail in the Cameroon criminal trial process will restrain the arbitrary and illegal use of the powers of the judicial police officers and ensure respect of human rights. Although there are some challenges in the application of habeas corpus and bail such as misuse of the remedies by some overzealous authorities, defiance of court orders in the enforcement of the writ of habeas corpus by administrative authorities, and erosion of confidence in the Judiciary, there is optimism in the conscious efforts being made to ensure that habeas corpus and bail are properly applied so that the Cameroonian Criminal Procedure Code attains its full potential.

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