The Use of Information and Communications Technology in Criminal Procedure in the USA

In this chapter, the author discusses the three types of criminal surveillance and the subsequent data mining used to synthesize and compare the results of surveillance techniques. In addition, the author examines how the aforementioned procedures should be viewed in light of United States case law involving the privacy of American citizens

The Penal Order: Prosecutorial Sentencing as a Model for Criminal Justice Reform?

This chapter traces the history of the penal order from its earliest roots through its consolidation as a normal alternative form of procedure in Germany. It compares the types of penal order procedures found in modern criminal procedure codes, and it compares penal orders with other “consensual” procedural modes that also involve considerable prosecutorial influence in determination of the level of guilt and punishment: diversion, pleas and stipulations of guilt, and abbreviated trials based on the contents of the preliminary investigation dossier. Finally, it explores whether the penal order, could eventually become a model for the consensual resolution of all cases, regardless of their gravity

Official Privilege: State Security and the Right to a Fair Trial in the USA

The emphasis of this paper is on the effect of the state claiming a privilege of national security in a criminal case, either to: (1) prevent the defendant from gaining discovery of classified information which could be important in defending against the criminal charges; or (2) prevent the defendant from introducing classified evidence in his/her own defense, access to which has usually been gained by virtue of the defendant’s own activity with the intelligence services (CIA, FBI) or other police agencies. The state often claims national security in situations where the state itself is either dealing with criminals or using criminal methods in conducting normal criminal investigations, or, as in cases under the Classified Information Procedures Act, in conducting foreign or domestic policy

Plea-Bargaining, Negotiating Confessions and Consensual Resolution of Criminal Cases

This report explores the various types of consensual procedures that make up the procedural arsenals of modern criminal justice systems and if and how they have contributed to procedural economy in the respective country. It discusses whether or not important procedural principles have been compromised, undermining the legitimacy of the criminal justice system

Japan\u27s New System of Mixed Courts: Some Suggestions Regarding Their Future Form and Procedures

This article briefly describes the history of jury courts and lay participation in various countries, and the inter-related political and procedural reasons for introducing lay participation. It specifically focuses on the introduction of lay participation in application to Japan’s new mixed court system

Towards Cultural Democracy in Teaching and Learning With Specific References to Pacific Island Nations (PINs)

This paper argues that the teaching/learning environments of most formal educational institutions in Pacific Islands Nations (PINs) are culturally undemocratic: that is, they do not take into consideration the way most Pacific people think, learn and communicate with one another. This is true not only of the values that underpin the curriculum but also the methods that most teachers use, and the way in which student learning is assessed and evaluated

Waiting for the Verdict on Spain\u27s New Jury System

This article discusses Spain’s history of trial by jury, focusing on the reinstatement of trial by jury in Spain by the 1995 jury legislation implementing Article 125 of the post-Franco Spanish Constitution. It discusses key provisions of the new Spanish jury law with illustrations from the cases of Otegi and others. It also predicts as to whether the classic jury will acquit itself as a catalyst for criminal justice reform in a Civil Law system such as that of Spain

The Separation of Questions of Law and Fact in the New Russian and Spanish Jury Verdicts

This article discusses the division of labor between the judge and the jury in rendering judgment, and the separation of law and fact historically and currently, focusing on Spain and Russia. Both Russia and Spain rejected the Anglo-American general verdict of “guilty” or “not-guilty” in favor of a list of questions or propositions presented to the jury during their criminal procedure reforms of the 1990’s. This article also delves into the jury deliberation, verdict, and judgment process of the two countries

Towards Cultural Democracy in Teaching and Learning With Specific References to Pacific Island Nations (PINs)

This paper argues that the teaching/learning environments of most formal educational institutions in Pacific Islands Nations (PINs) are culturally undemocratic: that is, they do not take into consideration the way most Pacific people think, learn and communicate with one another. This is true not only of the values that underpin the curriculum but also the methods that most teachers use, and the way in which student learning is assessed and evaluated