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Full-Text Articles in Comparative and Foreign Law

Authenticating Social Media Evidence In Chinese Criminal Procedure Law -- A Comparative Study, Yage Huang May 2024

Authenticating Social Media Evidence In Chinese Criminal Procedure Law -- A Comparative Study, Yage Huang

Maurer Theses and Dissertations

Authentication requires the proponent to provide sufficient proof that the proposed social media evidence is, indeed, what it is claimed to be. The rapid proliferation of social media evidence has posed significant challenges for its authentication. This dissertation explores the authentication challenges for social media evidence in a comprehensive manner.

This research employs a qualitative research methodology, including theoretical and analytical methods, to examine the theoretical approaches, statutory provisions, and recent judicial rulings related to the authentication of social media evidence within the legal frameworks of China and the United States. Through a comparative analysis, this study reveals significant commonalities …


From The Barrel To The Border: Exploring The Roots And Ramifications Of Gun Trafficking From The United States To Mexico, Alexandra Punishill Jan 2024

From The Barrel To The Border: Exploring The Roots And Ramifications Of Gun Trafficking From The United States To Mexico, Alexandra Punishill

CMC Senior Theses

Nowhere is the discussion surrounding gun violence more prominent than in the United States, with the impacts of our gun-friendly culture being felt around the world. This thesis analyzes the dynamics of gun trafficking from the United States to Mexico and sheds light on its role in fueling the epidemic of gun violence south of the border. It is argued that the particular system of federalism adopted by the United States has led to a variety of state-level gun regulations that have shaped domestic gun policy and have had an international impact. Despite Mexico’s persistent efforts to combat the gun …


Ghana’S Jury System On Trial, Dennis D. Adjei Jan 2014

Ghana’S Jury System On Trial, Dennis D. Adjei

Duke Law Master of Judicial Studies Theses

Civil cases in Ghana are tried by the bench. Criminal cases are also handled by bench trials, except for certain indictable offenses, which may be tried by a judge or jury. Not all serious offenses are tried by jury. And a trend is developing away from jury to bench trials. For example, treason is punishable by death, but the case is determined in a bench trial by three High Court Judges. Robbery, which had been an indictable offense, is now tried by either jury or bench trial at the discretion of the Attorney-General; and prosecutors consistently have been opting for …


From Inquisitorial To Accusatorial? Pro-Accusatorial Evidential Reforms On The Roc Criminal Procedure Code, Ming-Woei Chang Apr 2005

From Inquisitorial To Accusatorial? Pro-Accusatorial Evidential Reforms On The Roc Criminal Procedure Code, Ming-Woei Chang

Theses and Dissertations

Over the past decades, the ROC criminal justice system has long been criticized for its insufficient human rights protection, especially for the alleged criminal offenders. From 1947 to 1987, the ROC enforced martial law and was in a state of siege. In this era of martial law rule, ordinary citizens in the ROC jurisdiction lived for four decades with little anticipation of any recognition of their inherent human rights, not to mention the rights of the accused. To some extent, it was considered a privilege for an ordinary citizen to claim any right to an impartial trial. The guarantee of …