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A Comparison Of Public Defenders Vs. Private Attorneys, Tiffany Costello 2021 Merrimack College

A Comparison Of Public Defenders Vs. Private Attorneys, Tiffany Costello

Honors Senior Capstone Projects

This study seeks to determine whether there are any differences in conviction rates or client satisfaction between public defenders and private attorneys in state or federal courts. Although researchers have spent time examining differences between attorney type and client satisfaction or conviction rates, little information exists on the assessment of attorney type in the federal system. The study will consist of a two-part survey with approximately twenty-seven closed-ended questions about client satisfaction, conviction, court, and attorney type. The target population will be any criminal defendant in federal or state court with an attorney. In this study, the sampling method will ...


An Exploration Of The Resources And Services Offered To D/Deaf And Hard Of Hearing Inmates In Massachusetts Jails And Prisons, Gabrielle Carpinella 2021 Merrimack College

An Exploration Of The Resources And Services Offered To D/Deaf And Hard Of Hearing Inmates In Massachusetts Jails And Prisons, Gabrielle Carpinella

Criminology Student Work

d/Deaf and Hard of Hearing individuals have faced substantial discrimination when it comes to education, healthcare, and employment. This paper argues that discrimination in our criminal justice system is likely no exception. Previous research has shown that d/Deaf and Hard of Hearing inmates are treated unequally while serving time in prison (Vernon, 2010). Rather than using proactive measures to provide appropriate resources within prison, correctional facilities within the U.S. tend to be reactive to the claims of d/Deaf and Hard of Hearing inmates once they are released from prison. There is no literature that I am ...


The Ethics Of Interrogation: How Unethical Interrogations Lead To False Confessions And What It Means For The Criminal, Janelle Havens 2021 Merrimack College

The Ethics Of Interrogation: How Unethical Interrogations Lead To False Confessions And What It Means For The Criminal, Janelle Havens

Criminology Student Work

Forensic interrogation is a vital step in the process of criminal investigations in order to extract information about suspects and the crime at hand. However, tunnel vision, artificial time constraints, lack of thorough training, and noble-cause corruption can influence how an investigator decides to interrogate a suspect or witness. When these influences are exerted on an investigator, the need to secure an arrest and conviction overpowers the need for justice - this results in false confessions and wrongful convictions. This is otherwise known as “the end doesn't justify the means” mindset. This causes investigators to engage in unethical interrogations, whether ...


Guarantees Of Arrest Before The Prosecutor In Accordance With The Amended Code Of The Criminal Procedure # 19 (2009) Of Jordan, M’amoun Abu-Zeitoun, Moayyad Mohamed Al Qudat 2021 ASSOCIATE PROFESSOR-law- Criminal Law sharjah Unvirsity

Guarantees Of Arrest Before The Prosecutor In Accordance With The Amended Code Of The Criminal Procedure # 19 (2009) Of Jordan, M’Amoun Abu-Zeitoun, Moayyad Mohamed Al Qudat

Journal Sharia and Law

According to the Jordanian Procedural Criminal Code No 19 year 2009, several conditions are required for legal detention. These include interrogation of the suspect after the commission of a felony or a misdemeanor, the existence of material evidence which ties the suspect to the alleged crime. And for the purpose of exploring such conditions, the paper is divided into two sections. In the first section, the conditions relating to the interrogation and evidence are dealt with, and the second section explores the conditions concerning the type of crime. Concerning the criminal interrogation, it was shown that such procedure is not ...


The Right To Counsel At The Stage Of Preliminary Investigation; A Comparative Study, Saif Ibrahim Al-Masarweh 2021 Faculty of Law, Mo’ta University, AlKurk, Jordan.

The Right To Counsel At The Stage Of Preliminary Investigation; A Comparative Study, Saif Ibrahim Al-Masarweh

Journal Sharia and Law

The right to counsel is regarded as a constituent of the right to fair trial since it plays a crucial role in assisting the defendant to prove his innocence and expose the truth. Although the right to have the assistance of counsel at the trial stage has been constitutionally recognized in most countries, it is still uncertain whether or not the person, who is suspected of, investigated for or accused of a crime has the right to be assisted by counsel during the preliminary investigation stage. As such, this study aims to shed light on the right to assistance of ...


Penalty For Public Benefit In The Algerian Legislation, Bassim Shehab 2021 Ibn Badis University, Algeria

Penalty For Public Benefit In The Algerian Legislation, Bassim Shehab

Journal Sharia and Law

The work for public benefit is one of the alternative systems of punishment which is adopted by some legislation, including the Algerian legislator by Act. No 01-09 issued on 25/02/2009 amending the penal code, and this system which is called by the Algerian legislature “penalty", represents an important turning point in punitive policy, as for the first time the work is done by sentencing. This system has many of advantages particularly with regard to the alleviation of the problems of penal institutions. Furthermore, it provides more funds and efforts. The application of penalty “work for public benefit " cannot ...


Proof Of Crime: Scientific Evidence, Mutaasim Khamis Mushaasha 2021 Faculty of Law, University of AL- Albayt.

Proof Of Crime: Scientific Evidence, Mutaasim Khamis Mushaasha

Journal Sharia and Law

It is not possible to deny the effects of scientific and technological developments on the penal law, in particular when it comes to the criminal proof theory. The principle of freedom of proof, which is the essential foundation of this theory, allows the use of broad scientific evidence in the penal proof. However, such use also represents a significant challenge when the result of the prejudice of some procedural principles guarantees a fair trial. The balance between the interests of society in the fight against crime and the interests of the individual to have the fundamental rights to be protected ...


Criminal Responsibility Of The Doctor: Critical Assessment Study Of The Rules Of Public And Private In Both The Jordanian And Uae Laws, Moayyad Mohamed Al Qudat, Mamun Mohamed Abu Zaytoun 2021 College of Law, UAE University

Criminal Responsibility Of The Doctor: Critical Assessment Study Of The Rules Of Public And Private In Both The Jordanian And Uae Laws, Moayyad Mohamed Al Qudat, Mamun Mohamed Abu Zaytoun

Journal Sharia and Law

There is no special law regulating criminal liability of doctors in Jordan, and therefore such liability is governed by the general rules as stated in the Jordanian Penal Code 1960 No 16 (JPC), which apply to all types of offenders regardless of their professions. As the nature of medical professions and practices entails the enactment of a special law setting the relevant legal rules by which doctors criminal liability should be governed, this paper seeks to provide an evaluative, critical and comparative study of the current laws of Jordan and United Arab Emirates (UAE) on this issue. Central to the ...


The Criminal Protection Of Professional Secrets; A Comparative Analysis Of The Uae Federal Penal Code And The Egyptian Penal Code., Ahmed Farooq Zaher 2021 Faculty of Law - University of Sharjah-UAE

The Criminal Protection Of Professional Secrets; A Comparative Analysis Of The Uae Federal Penal Code And The Egyptian Penal Code., Ahmed Farooq Zaher

Journal Sharia and Law

As a principle, confidentiality is a duty provided by rules of public morality and required by the principles of honesty and integrity. Disclosure of a confidential act is totally refused by the rules of ethical conduct. However, the legislature did not criminalize all cases of disclosure. In fact, the legislature only criminalizes the disclosure of the secrets which were deposited with the professions they assume their customers having to deposit their secrets to them. In addition, there is a link between the secret and practice of the profession, i.e., professional secret. Through the study of comparative analysis of the ...


Application, With Immediate Effect, Of The Organization And The Jurisdiction Rules In Criminal Courts, Bashher Zaghlool Zaghlool, Anwar Mohamed Al Massaada 2021 Assistant Professor of criminal law, Cairo University, Egypt.

Application, With Immediate Effect, Of The Organization And The Jurisdiction Rules In Criminal Courts, Bashher Zaghlool Zaghlool, Anwar Mohamed Al Massaada

Journal Sharia and Law

The time scale of criminal law rule is determined according to its beginning moment and its end moment. The problem which arises is validity of these rules in terms of time when several rules dealing with the same subject come into force respectively. This issue arises specifically in a limited period of time between the date of the crime committed and the date of the final judgment issued. The rules of criminal jurisdiction organize procedural matter related to criminal courts, criminal jurisdiction and public persecution. Because of its procedural nature, they are subject to the immediate effect principle which governs ...


Reimagining Criminal Justice: What Good Has Come From The 'Good' Faith Exception?, Yasamin Elahi-Shirazi 2021 Golden Gate University School of Law

Reimagining Criminal Justice: What Good Has Come From The 'Good' Faith Exception?, Yasamin Elahi-Shirazi

Reimagining Criminal Justice

On March 13, 2020, Breonna Taylor settled into bed with her boyfriend Kenneth Walker after she finished working back-to-back shifts as an emergency room technician in Louisville, Kentucky. At around 12:30 a.m., the couple heard banging coming from their front door, they asked who was at the door. They heard no response. Suddenly, the front door “flies off its hinges” and armed men began to enter their apartment. Walker, a licensed gun owner, fired at the intruders, shooting one in the leg, to protect himself and Ms. Taylor from unknown intruders.

The intruders returned fire, with around thirty ...


Rationalization Of Punishment In Contemporary Criminal Policy, ٍSafaa otani 2021 Faculty of Law University of Damascus

Rationalization Of Punishment In Contemporary Criminal Policy, ٍSafaa Otani

Journal Sharia and Law

The aim of this study is to highlight the problem of divergence between the principles established in the legal conscience related to minimizing state intervention in enforcing punishment, and the current expansion of the Criminal Law. This problem caused contemporary jurisprudence to sound the alarm that the consequences will be serious, and there is an urgent need to draw new boundaries for the criminal policy under which the Criminal Law operates. Rationalization of punishment is one of the guiding principles which advocate non-excessive use of punitive means to achieve social control, and the pursuit of alternative ways of fighting crimes ...


Formation And Development Of The Prosecutor's Supervision Over The Compliance Of Laws In Investigation Of Crimes In The Sphere Of Information Technologies, Atobek Ravshanovich Davronov, Atobek Davronov 2021 Academy of the General Prosecution office

Formation And Development Of The Prosecutor's Supervision Over The Compliance Of Laws In Investigation Of Crimes In The Sphere Of Information Technologies, Atobek Ravshanovich Davronov, Atobek Davronov

ProAcademy

The rapid growth of information technologies naturally determines the interest of researchers in them from various fields of science. Law, including criminal law, is no exception. Currently: a separate branch of law is being formed - information law. Despite this, until now in science unified approaches to the analysis of information and legal phenomena have not been developed. The article analyzes the formation and development of prosecutorial supervision over the execution of laws in the investigation of crimes in the field of information technology, and also studied the process of the emergence of information technology as a type of crime abroad ...


Prosecutor's Supervision Over The Legality Of The Preliminary Investigation And Inquiry During The Qualification Of Crimes In The Field Of Information Technology, Atobek Ravshanovich Davronov 2021 Academy of the General Prosecution office

Prosecutor's Supervision Over The Legality Of The Preliminary Investigation And Inquiry During The Qualification Of Crimes In The Field Of Information Technology, Atobek Ravshanovich Davronov

ProAcademy

Correct, that is, consistent with the principles of criminal law and criminal law, qualification of a crime ensures accurate and full application of the complex of norms of criminal and criminal procedure laws. Depending on the qualification of the crime, criminal law issues are resolved about punishment, release from criminal liability and punishment, parole, calculation of convictions, amnesty. The qualification of crimes is important for initiating a criminal case, determining the subject of proof, ensuring the rights of the accused and applying other criminal procedural norms. This scientific and practical article is devoted to the prosecutor's supervision over the ...


Compensation For The Damage Resulting From Preventive Detention When There Is Evidence Of The Suspect's Innocence: A Comparative Study, Tail Mahmoud Aref 2021 Assistant Prof. of Criminal Law College of Law Al Ain University of Science and Technology Al Ain Branch

Compensation For The Damage Resulting From Preventive Detention When There Is Evidence Of The Suspect's Innocence: A Comparative Study, Tail Mahmoud Aref

Journal Sharia and Law

This study sheds light on the idea of Compensation for the damage resulting from preventive detention of a suspect against whom a decision has been issued to bring a criminal lawsuit or issue acquittal. The researcher has examined and reviewed the relevant legal texts of the French, Jordanian and Emirati legislations to clarify the concept of 'preventive detention along with its legitimacy, and introduce the general rules of torts and the conditions of compensation. This study, also, examines the extent to which a suspect may claim compensation against preventive detention, along with the legal reasoning behind it. The research findings ...


Drafting Methods Of Criminal Legal Texts, Nofal Ali Alsafw 2021 Associate Professor of Criminal Law, College of Law - University of Al Mosul - Iraq

Drafting Methods Of Criminal Legal Texts, Nofal Ali Alsafw

Journal Sharia and Law

Criminal law is closely related to the other branches of Law for the sake of achieving the objectives of the legal system .The preparation and drafting stage is the most important stage of the legislative process. In fact, every mistake in the drafting leads to a legislative error, which in turn leads to a judicial error. Therefore, Criminal text must be devoid of any shortages, ambiguity or error, as the development of legislation to address all people of different cognitive levels and cultural backgrounds. It is imperative to use simple wording that is easy and clear to all. "The language ...


System Of Electronic Surveillance In The French And Comparative Law French And Comparative Law, Dr Ramy Metwally El-Kady 2021 United Arab Emirates University

System Of Electronic Surveillance In The French And Comparative Law French And Comparative Law, Dr Ramy Metwally El-Kady

Journal Sharia and Law

The Topic of Electronic Surveillance is one of the modern topics in the field of criminal justice, accounting to the using of modern technologies in the field of implementation of criminal penalties by replacing short-term imprisonment penalties with home detention or restricting the freedom of the person at his home through the use of techniques of electronic surveillance.

This system has proved a success in many developed countries during the treatment of the problem of the negatives arising from the implementation of sanctions of deprivation of liberty in prisons, that some people see it as the corrupt environment that does ...


Penal Measures Against Plagiarism In The Digital Environment, ٍSafaa otani 2021 Assistant Professor in the Criminal Law Department Faculty of Law University of Damascus

Penal Measures Against Plagiarism In The Digital Environment, ٍSafaa Otani

Journal Sharia and Law

The digital revolution has been a double-edged sword in the Education sector. As much as it had an enormously positive impact on both education and scientific research, including the provision of new types of education like computer-aided instruction and online courses, it has become a source of real abuse by both students and members of academic staff. Students and Staff ‘ease of access to the digital world has lured some of them to steal others people publications, such as research papers, scientific reports and theses, and attribute them to themselves. This has caused rise to a new phenomena: “Plagiarism in ...


Problematic Of Implicit Cancellation Of Criminal Legal Texts (In Light Of The Principles Of Legality And Validity Of The Penal Provisions In Terms Of Time), Omar Abdul Majid Mosbih 2021 Faculty of Law- University of Sharjah-UAE

Problematic Of Implicit Cancellation Of Criminal Legal Texts (In Light Of The Principles Of Legality And Validity Of The Penal Provisions In Terms Of Time), Omar Abdul Majid Mosbih

Journal Sharia and Law

This study deals with the problem of implicit cancellation of the criminal texts (in light of the principles of legality and effectiveness of the criminal rule in terms time); the study is divided to two sections: first, the general principles of rules pertaining to the implicit cancellation of the criminal texts and in section II: the impact of implicit cancellation rule on legislative and judicial policy. We show that legislative basis should distance itself from the lack of precision, which is the product of the current understanding of the idea of cancellation as the more apparent idea and determines the ...


Conditional Release A Comparative Study Between The Egyptian, The Uae, And The French Laws, Ahmed Farooq Zaher 2021 Faculty of Law - University of Sharjah-UAE

Conditional Release A Comparative Study Between The Egyptian, The Uae, And The French Laws, Ahmed Farooq Zaher

Journal Sharia and Law

The rehabilitation of the convicted person is the goal every punitive system seeks to combat criminal phenomenon and prevent its recurrence, Conditional Release is a means available to the community to achieve this goal, which urges convicted on good behavior inside the prison, hoping to shorten the deprivation of liberty and punitive treatment necessary, especially during the remaining period of the sentence in order to avoid the negative effects of the sudden transition from deprivation to restrict freedom and help them reintegrate the society. However, these objectives will not be achieved unless the legal regulation of parole has some flexibility ...


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