348,397 research outputs found

    Judicial investigation and data protection : the case of cybercrime and e-evidence

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    Who trusts Berlusconi? An econometric analysis of the role of television in the political arena

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    This paper contributes to the literature by carrying out the first econometric investigation into the role of television in the formation of political consensus in Italy. Based on probit and instrumental variables estimates, we find trust in television to be the most significant predictor of trust in the Italian prime minister. The latter is also strongly and negatively correlated with trust in the judicial system and tolerance towards immigrants.

    Avoiding Judicial Discipline

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    Over the past several years, several high-profile complaints have been levied against Article III judges alleging improper conduct. Many of these complaints, however, were dismissed without investigation after the judge in question removed themselves from the jurisdiction of the circuit’s judicial council—oftentimes through retirement and once through elevation to the Supreme Court. When judges—the literal arbiters of justice within American society—are able to elude oversight of their own potential misconduct, it puts the legitimacy of the judiciary and rule of law in jeopardy.This Essay argues that it is imperative that mechanisms are adopted that will ensure investigations into judicial misconduct are completed, even in the event that the individual is no longer serving as a judge in the circuit where the complaint has been filed. This Essay suggests two reforms. First, the adoption of customs that will refer any short-circuited investigation to the state bar and to Congress for additional inquiry. Second, the expansion of the judicial councils’ authority to investigate complaints so as to address the jurisdictional limitations that currently allow judges to circumvent attempts at judicial oversight over allegations of misconduct. The status quo that incentivizes avoiding judicial discipline must be reformed into one that allows for thorough and fair investigation of these important matters of public concern

    The Brutal Murder of George J. Bushman

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    In the fall of 1918 there occurred in Adams County a singularly brutal murder that brought the County and the town of Gettysburg to a shocked standstill. The tentacles of this event would reach into four Pennsylvania counties: Adams, Cumberland, Dauphin, and Philadelphia, and eventually the Pennsylvania Supreme Court. The investigation of the crime and the trial of the perpetrators involved so many public officials and families, as well as the extended judicial system and geographical locations within and without the County, that we have included a Cast of Characters and Locations to assist the reader in following this convoluted tale

    La notificación por edictos. Comentario a la STC 197/2013, de 2 de diciembre. Recurso de amparo 2028-2013.

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    Desahucio, vulneración del derecho a la tutela judicial sin indefensión: emplazamiento edictal tras una indagación insuficiente del paradero de los requeridos.Eviction, violation of the right to judicial protection without helplessness: edictal site following an inadequate investigation of the whereabouts of the required

    PARTICULARITIES OF THE HEARING TACTICS IN THE CASE OF PERSONS WITH DISABILITIES

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    This paper attempts to polarize the attention of the judicial authorities of theRomanian State on the complex issues raised by the hearing of persons with special needsfrom two perspectives, that of compliance with the criminal procedural framework and that ofthe observance of human rights. It also aims to provide practical solutions that mightfacilitate communication with such persons depending on their type of disability and solve theproblem of accessibility in the investigator-citizen relationship. Modern approaches in thespecialized literature grant an increasingly wider space to knowing the accused or thedefendant’s personality, adapting the investigator’s speech to this reference point andindividualizing the ways of relating throughout the judicial investigation. Moreover, a specificpattern of the personality of the criminal investigation body is outlined, through the psychointellectualand moral-affective qualities of the person leading the investigation that mightensure the success of this judicial approach specific to the hearing of people with specialneeds

    Sentencing Disparities in Yakima County: The Washington Sentencing Reform Act Revisited

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    This study expands upon an earlier exploration of sentencing disparity in the Yakima County, Washington judicial system. The Sentencing Reform Act was adopted in 1981, becoming effective in 1984, to end inequitable sentences imposed on individuals who are convicted of similar offenses. This work adds to the original study by including an investigation of exceptional sentences and offense type crime. Independent variables are defendants\u27 ethnicity (Hispanic, Native American, and White), age, and gender. The period of investigation includes fiscal years 1986 through 1991. Data was provided to the researchers by the Washington Sentencing Guidelines Commission and was processed using a difference of means test (ANOVA program). The findings suggest that sentencing disparity, while not being widespread, does persist nearly a decade after the Sentencing Reform Act was adopted. Hispanic defendants who had no prior criminal history were apt to receive disproportionately more severe sentences for similar crimes than Native Americans or whites

    Should the Rooster Guard the Henhouse: A Critical Analysis of the Judicial Conduct and Disability Act of 1980

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    The purpose of this Article is to critically examine the aspect of the Judicial Conduct and Disability Act of 1980 which seems to invite the most criticisms and raise the most questions of impropriety - namely, the initial receipt, review, and investigation of misconduct complaints. This article proposes that the current process of receiving, reviewing, and investigating judicial misconduct complaints should be amended. Specifically, the Act should incorporate into the current system an initial review and investigation by a magistrate judge. To this end, Part II sets out the procedures of how complaints are currently handled under the Act. Part III then discusses the constitutional limitations for designing a judicial misconduct process, and the practical criticisms and limitations of the current process. Part IV looks at recent congressional proposal for altering consideration of judicial misconduct complaints-adoption of an inspector general. Finally, Part V proposes that instead of an inspector general, Congress should consider amending the current judicial misconduct Act to require the appointment of magistrate judges to initially receive, review, and investigate misconduct complaints

    Avoiding Judicial Discipline

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    Over the past several years, several high-profile complaints have been levied against Article III judges alleging improper conduct. Many of these complaints, however, were dismissed without investigation after the judge in question removed themselves from the jurisdiction of the circuit’s judicial council—oftentimes through retirement and once through elevation to the Supreme Court. When judges—the literal arbiters of justice within American society—are able to elude oversight of their own potential misconduct, it puts the legitimacy of the judiciary and the rule of law in jeopardy. This Essay argues that it is imperative that mechanisms are adopted that will ensure investigations into judicial misconduct are completed, even in the event that the individual is no longer serving as a judge in the circuit where the complaint has been filed. This Essay suggests two reforms. First, the adoption of customs that will refer any short-circuited investigation to the state bar and to Congress for additional inquiry. Second, the expansion of the judicial councils’ authority to investigate complaints so as to address the jurisdictional limitations that currently allow judges to circumvent attempts at judicial oversight over allegations of misconduct. The status quo that incentivizes avoiding judicial discipline must be reformed into one that allows for thorough and fair investigation of these important matters of public concern

    Судовий контроль за виконанням міліцією як органом дізнання профілактичної функції

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    Исследуются проблемы правового и организационного характера, возникающие при осуществлении судебного контроля за выполнением милицией как органом дознания профилактической функции. Предлагаются рекомендации по усовершенствованию уголовно-процессуального законодательства Украины.On the basis of generalization of scientific sources and the study of investigation and judicial practice in article is examined the problems of legal and organizational character that occur during the realization of judicial control for executing by militia as investigation authority of the preventive function. On the basis of conducted research it is proposed the recommendations for improvement of the criminal-procedure code of Ukraine
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