Courts: Federal Court Injunctions against State Criminal Proceedings: Civil Rights Act of 1957

1962 ◽  
Vol 50 (4) ◽  
pp. 718
Author(s):  
Minot W. Tripp
2017 ◽  
pp. 67-86
Author(s):  
Arkadiusz Krajewski

The Constitutional Tribunal is defined as the Polish constitutional court and at the same time the judicial authority. It was created at the turn of 1982. Not long after that it began its jurisprudence; more precisely it was in 1986. Describing its basic tasks, it is pointed out that judicial review of so-called constitutional law deserves a closer look. This is particularly true about controlling the compliance of lower legal norms with higher legal norms. Here attention is drawn towards the connection of the Constitution with some international agreements, ie. the court of law. The purpose of the paper below was to analyze the constitutional principles of criminal proceedings in the context of the case law of the Polish Constitutional Court. At the beginning the concept, the division and the role of the constitutional rules of criminal procedure were presented. In this section, it was emphasized that all the rules of the criminal process are considered superior norms of a very significant social importance. Then the principle of objectivity, which is reflected in the Constitution of the Republic, was described. A following aspect was the discussion of the principle of the presumption of innocence and the principle of in dubio pro reo. It has been emphasized that the essence of the principle is that the person who was brought before the court is treated as innocent until a lawful judgment is pronounced against the defendant. The author also pointed out the principle of the right to defense. According to this rule, the defendant has the right to defend themselves in the process and to use the help of a defender. Another described principle is so-called rule of publicity. It concerns the fact that information about criminal proceedings should be accessible to the public. Then it was pointed to the principle of the right to the trial and the independence of the judiciary. The first one is reflected in national law and acts of international rank. The second shows that the independence of the judiciary is determined by the proper exercise of the profession of judge and becomes a guarantee of freedom and civil rights. The humanitarian principle and the principle of participation of the social factor in the penal process are shown in the final section. At the end of the paper a summary and conclusions were presented.


1975 ◽  
Vol 21 (2) ◽  
pp. 109-115 ◽  
Author(s):  
Meyressa H. Schoonmaker ◽  
Jennifer S. Brooks

A 1970 survey of women in probation and parole showed that only 20 states mixed caseloads of parole and probation officers. A survey of state agencies by means of a questionnaire directed. to the director of each state agency in January 1974 showed dramatic changes. The number of states allowing probation and parole officers to supervise clients of the opposite sex jumped to 46, with only four states holding out. The questionnaire results also show, not surprisingly, the low ratio of women employed in probation and parole. Title VII of the Civil Rights Act of 1964, the need for more qualified employees, and the inefficiency of caseload segrega tion have influenced changes in use of personnel. Although the change in practice to integrated caseloads is selective in some states and made with reservations in others, the response of one director of parole operations seems to capture the mood of inevitable change in practice and attitude: Civil Service says that his agency cannot discriminate against women and that a woman can do a "man's job" in all respects.


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