scholarly journals Guilty Until Proven Innocent: The Abuse of Pretrial Detention in America

2017 ◽  
Vol 12 (1) ◽  
pp. 49-54
Author(s):  
Mary Dryer
Keyword(s):  
Legal System ◽  
Justice System ◽  
Current Status ◽  
Presumption Of Innocence ◽  
Pretrial Detention ◽  
American Legal System

Although few principles of law are as widely lauded and universally accepted as the presumption of innocence, this principle is violated daily by a practice that has become standard in our justice system, exceptional only in how unexceptional it seems. Pretrial detention—the practice of holding a defendant in custody before trial while he or she is still entitled to the presumption of innocence—is, in its current status, a clear contradiction of this principle and a staple of the American legal system.

scholarly journals Pretrial detention and alternate methods of securing the presence of the accused during the criminal procedure

Temida ◽  
2009 ◽  
Vol 12 (2) ◽  
pp. 49-65
Author(s):  
Jelena Perisic
Keyword(s):  
Criminal Justice ◽  
Criminal Justice System ◽  
Justice System ◽  
Major Part ◽  
Criminal Procedure ◽  
Reasonable Doubt ◽  
Current Status ◽  
Legal Regulations ◽  
Pretrial Detention ◽  
Procedure Codes

In this paper, the author discusses pretrial detention and alternate methods of securing the presence of the accused during the criminal procedure. Except issues of terminology, in the introduction to this paper, the author deals with the current status of our criminal justice system, the readiness of both the state and the criminal justice system to accept innovations. Further, the author examines the accordance of pretrial detention with international sources, then its correlations with the Constitution, Criminal Procedure Codes from 2001 and 2006, and types of pretrial detention. As the paper continues, it describes institutes that are alternatives of pretrial detention: home detention and other restriction orders, and bail. The paper follows with the definition and content of the reasonable doubt concept as a mandatory condition for pronouncing pretrial detention. The major part of the paper deals is dedicated to the discussion of legal regulations of pretrial detention and its misinterpretation by judicial apparatus, and the effort to explain some undefined parts of those regulations.

The "Right to Die": A Case Study in American Lawmaking*

1996 ◽  
Vol 3 (1) ◽  
pp. 49-74
Author(s):  
Alan Meisel
Keyword(s):  
Legal System ◽  
Right To Die ◽  
Judicial Process ◽  
Clinical Issue ◽  
The Press ◽  
American Law ◽  
American Legal System ◽  
The Right ◽  
Made In

AbstractIn the 20 years that have passed since the Karen Quinlan case exposed a simmering clinical issue to the light of day — more precisely, to the press and to judicial process — a consensus has developed in American law about how end-of-life decisionmaking should occur. To be sure, there are dissenting voices from this consensus, but they are often (though not always) about minor issues. By illustrating how this consensus has evolved, this paper explores how law is made in the American legal system and the roles that different legal and extra-legal institutions play in lawmaking.

scholarly journals MODELING KENYA’S DOMESTIC RADICALIZATION LIKE A DISEASE BY INCORPORATING EFFORTS OF CLERGIES, REHABILITATION CENTERS AND JUSTICE SYSTEM

2017 ◽  
Keyword(s):  
Sensitivity Analysis ◽  
Legal System ◽  
Justice System ◽  
Deterministic Model ◽  
Reproduction Number ◽  
Equilibrium Points ◽  
Intervention Strategy ◽  
Numerical Results ◽  
Rehabilitation Centers ◽  
Analytical Results

This study presents a deterministic model for domestic radicalization process in Kenya and uses the model to assess the effect of efforts of good clergies, rehabilitation centers and legal system in lowering radicalization burden. The likelihood of other drivers of radicalization to individuals who are not religious fanatics was considered. The possibility of individuals in rehabilitated subclass quitting back to violent class was considered. The equilibrium points were computed, their stabilities investigated and important thresholds determining the progression of the radicalization computed. The sensitivity analysis of control reproduction number indicates that high intervention rates hold is likely to reduce the radicalization burden. The results indicate that use of good clergies to assist individuals’ radicalized but peaceful, to recover is the best intervention strategy. Estimated numerical results and simulations were carried to confirm analytical results.

scholarly journals British-American Case Law and the Application in Vietnam

2020 ◽  
Vol 36 (4) ◽  
Author(s):  
Nguyen Dang Dung
Keyword(s):  
Legal System ◽  
Case Law ◽  
American Case ◽  
American Legal System

The paper analyzes some characteristics and advantages of the source of the Bristish-American legal system and earned experiences for Vietnam.

scholarly journals Exercising the right to a trial in a reasonable time in the Republic of Serbia

2007 ◽  
Vol 79 (9) ◽  
pp. 311-333
Author(s):  
Maja Omeragić-Pantić ◽  
Biljana Vujičić ◽  
Bojan Tubić ◽  
Rodoljub Etinski
Keyword(s):  
Human Rights ◽  
Legal System ◽  
Current Status ◽  
National Strategy ◽  
Reasonable Time ◽  
Legal Remedies ◽  
European Court ◽  
The Republic ◽  
Judicial Procedure ◽  
The Right

Constitution and procedural laws explicitly guarantee right to a trial in a reasonable time. The procedural laws have been changed and some new solutions, which have to enable a trial in a reasonable time, were adopted. The Decision on establishing of national strategy of judicature reform was adopted, in order to make the judicature more efficient. However, the inquiries show that there are still some significant disadvantages which affect the right to a trial in a reasonable time. Despite the new legislative solutions, adopted in order to accelerate the trials, some of these solutions are not completely sufficient or their implementation in practice is not entirely adequate. The Decision on establishing of national strategy of judicature reform sets up the right analysis of the current status, as well as "therapy for the healing" of judicature. However, it seems that current measures are not in accordance with this therapy. Technical modernization of the courts is very slow and personal capacities, on the level of the associates, is declining instead of getting stronger. The biggest disadvantage of the present legal system, regarding the right to a trial in a reasonable time is the absence of the efficient legal remedies with which the party could accelerate the judicial procedure, respectively with which it could give damages caused by the breach of this right. This paper shows how strict are the criteria of the European court of human rights in Strasbourg related to it and that the existing legal remedies in our legal system are not sufficient to meet these demands. The confirmation of this conclusion came from Strasbourg, when this paper was already written, in the judgment V.A.M. v. Serbia of March 13, 2007.

scholarly journals Mediacja obligatoryjna – uwagi na tle ustalania predyspozycji mediacyjnej sporu oraz obaw stron przed stosowaniem mediacji

2018 ◽  
Vol 27 (3) ◽  
pp. 61
Author(s):  
Adam Zienkiewicz
Keyword(s):  
Legal System ◽  
Subject Matter ◽  
Justice System ◽  
Practical Experience ◽  
Business Cases ◽  
The Subject

<p>The main aim of the article is to present the considerations concerning the issue of introducing mandatory mediation into the Polish legal system within the scope of business lawsuits as well as some other kinds of civil disputes with respect to determining their suitability for mediation and the parties’ concerns regarding the use of mediation. The choice of the subject matter and the aim of these considerations have been mainly inspired by the author’s practical experience of working as a mediator in civil disputes (including business cases) and the relevant statistics concerning mediation proceedings held within the Business Mediation Center (BMC) at the District Chamber of Legal Advisers in Olsztyn. Introducing an obligation to mediate in selected types of disputes into the Polish social-legal system following an appropriate legislative and organizational preparation should, in principle, be considered beneficial as it might lead to popularizing mediation and making the most of its potential and advantages. Furthermore, expanding the citizens’ access to the broadly understood system of justice in its in- and out-of-court formula may result in reducing a backlog of cases in courts of justice and, in consequence, strengthening the idea of diversification in the justice system.</p>

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