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  • About
  • The Global ETD Search service is a free service for researchers to find electronic theses and dissertations. This service is provided by the Networked Digital Library of Theses and Dissertations.
    Our metadata is collected from universities around the world. If you manage a university/consortium/country archive and want to be added, details can be found on the NDLTD website.
1

Misdemeanants in court

Grant, Joanne. January 1968 (has links)
Thesis (M.S.)--University of Wisconsin--Madison, 1968. / eContent provider-neutral record in process. Description based on print version record. Includes bibliographical references.
2

Totality of the circumstances factors affecting competence to waive Miranda rights /

Harrison, Kimberly S. Rogers, Richard, January 2007 (has links)
Thesis (Ph. D.)--University of North Texas, Dec., 2007. / Title from title page display. Includes bibliographical references.
3

Totality of the circumstances: Factors affecting competence to waive Miranda rights.

Harrison, Kimberly S. 12 1900 (has links)
Within the discipline of sociology human olfaction is rich with social significance yet remains a poorly charted frontier. Therefore, the following discourse is aimed toward the development of a foundation for the sociological study of olfaction. It is formed by the dual goals of unearthing the social history of olfaction and of providing a viable sociological account of the manner in which smells affect human ontology. From these goals arise the following research questions: (1) Have the meaning and social relevance of odors and the olfactory sensorium changed throughout different periods of history?; (2) How have those in the lineage of eminent sociological thinkers addressed the phenomenon of human olfaction during these periods?; and (3) What is the process by which aromatic stimuli are transformed from simple chemical compounds, drifting in the atmosphere, into sensations in a sensory field and then on to perceived objects, to subjects of judgment and interpretation, and finally to bases of knowledge which form and continually reform individuals in the world? The weaving of the sociohistorical tapestry of smell is undertaken to provide examples from thousands of years lived experiences as to the fluid and sociologically complex nature of individuals' olfactory senses. This historical information is presented in a narrative format and is synthesized from data gleaned from books, advertisements, articles in popular non-scientific magazines, as well as from the findings of studies published in medical/neurological, psychological, anthropological, and sociological scholarly journals. Regarding theoretical aim of this discourse, insights are drawn from Maurice Merleau-Ponty's phenomenological theory of human perception for the generation of a framework for the sociological study of olfaction. Merleau-Ponty's theoretical notions are modified, modernized, and refitted to more specifically fit the subject of human olfaction and to include all that has been discovered about the biological specifics of olfactory perception since the time of his writing. Taken in sum, this effort is an access point to the understanding of how olfactory sensory perceptions flow toward the ontological unfolding of individuals.
4

Does the Code of canon law recognize the right to a trial? a comparative look at Canon 221 and the Sixth Amendment of the United States Constitution /

Nyirenda, Nwazi Bertha. January 2007 (has links)
Thesis (J.C.L.)--Catholic University of America, 2007. / Includes bibliographical references (leaves 55-57).
5

Does the Code of canon law recognize the right to a trial? a comparative look at Canon 221 and the Sixth Amendment of the United States Constitution /

Nyirenda, Nwazi Bertha. January 2007 (has links)
Thesis (J.C.L.)--Catholic University of America, 2007. / Includes bibliographical references (leaves 55-57).
6

An observational study of interview characteristics and Miranda in juvenile interrogations

Cleary, Hayley. January 2010 (has links)
Thesis (Ph.D.)--Georgetown University, 2010. / Includes bibliographical references.
7

Protection of the rights of an unpresented accused

Motubatse, Mosinki Justice January 2014 (has links)
Thesis (LLM. (Management and Development)) -- University of Limpopo, 2014 / Every accused person has the right to a fair trial which encompasses the right to adduce and challenge evidence in court. Whilst the Constitution of the Republic of South Africa confers the right to legal representation, an accused person may still opt to conduct his or her own defence. Once an unrepresented accused opts to conduct his or her own defence, the presiding officer then becomes obliged to assist the undefended accused to present his or her own case. South Africa adheres to the accusatorial / adversarial system. Under the accusatorial / adversarial system the presiding judicial officer is in the role of a detached umpire, who should not descend the arena of the duel between the state and the defence for fear of becoming partial or of losing perspective as a result of the dust caused by the affray between the state and the defence. Under the accusatorial/adversarial system, a presiding officer may find it challenging to assist an unrepresented accused or may inadequately assist him or her. This may be so because a fair trial is not determined by ensuring exercise of one of the rights to a fair trial but all the rights to a fair trial. This mini-dissertation, on the injunction of section 35 of the Constitution of the Republic of South Africa which makes provision for the rights to a fair trial, covers the different rights of an unrepresented accused. This is done alongside related provisions of the Criminal Procedure Act 51 of 1977 and pertinent case law. The fat that an unrepresented accused has waived legal representation at the expense of the state and has opted to conduct his or her own defence should not be to his or her peril. The court has a constitutional injunction to protect and advance the rights of an unrepresented accused. Justice must not only be done but must also be seen to be done.
8

Effects of Immaturity on Juveniles’ Miranda Comprehension and Reasoning

Sharf, Allyson J. 08 1900 (has links)
Over the last several decades, researchers have documented how impaired reasoning by adult offenders impeded the intelligent waiver of Miranda rights. Logically, it stands to reason that juveniles – who are developmentally less mature and have less life experience than their adult counterparts – would possess even greater impairment, thereby heightening their risk for invalid Miranda waivers. Juvenile Miranda research supports this notion; with some researchers finding that psychosocial maturity, among other factors, affect a juvenile’s understanding of their rights. Yet, relatively few studies have examined its relation to Miranda reasoning and decision-making. Thus, the current study investigated the specific role of maturity in juveniles’ Miranda comprehension and reasoning. Participants included 236 legally-involved juveniles recruited from either a juvenile detention center or a juvenile justice alternative education program. The effects of psychosocial maturity were examined on a variety of Miranda-related measures and assessed a broad range of Miranda abilities. It was found that, in general, immature juveniles performed more poorly on all Miranda measures as compared to their mature counterparts. However, the impact of maturity varied considerably depending on the ability. Specifically, maturity was most important in the context of Miranda reasoning. As a novel addition to the literature, the current study also investigated the effects of developmental timing on maturity (i.e., immaturity-delayed versus immaturity-expected) on Miranda abilities.
9

A Comparison of Miranda Procedures: The Effects of Oral and Written Administrations on Miranda Comprehension

Blackwood, Hayley L. 08 1900 (has links)
Millions of custodial suspects waive their rights each year without the benefit of legal counsel. The question posed to psychologists in disputed Miranda waivers is whether this waiver decision was, knowing, intelligent, and voluntary. Mental health professionals must be aware of potential barriers to Miranda comprehension to provide expert opinions regarding a defendant's competency to waive rights. The current study examined how Miranda warning reading level, length, and method of administration affects Miranda comprehension. Recently arrested detainees at Grayson County Jail were administered oral and written Miranda warnings from the Miranda Statements Scale (MSS; Rogers, 2005) to measure their comprehension of the warnings. Surprisingly low levels of Miranda comprehension were found for most warnings. For all warnings at or above 8th grade, a substantial minority (27.1% - 39.6%) of defendants exhibited failed (i.e., < 50% understanding) Miranda comprehension. Regardless of other variables, oral administrations resulted in a substantially larger number of defendants with failed Miranda comprehension. Implications for public policy and clinical practice are discussed.
10

Le témoin assisté devant la Cour pénale internationale : contribution à l’évolution du droit international pénal / The Assisted Witness appearing before the International Criminal Court : contribution to the Evolution of International Criminal Law

Mabanga, Ghislain Mabanga Monga 09 December 2016 (has links)
À la suite d’une décision orale rendue le 28 janvier 2009 par la Chambre de première instance I dans l'affaire Lubanga, la Cour pénale internationale a institué un nouvel acteur du procès pénal international : le témoin susceptible d'auto-incrimination qui, à ce titre, est assisté d'un conseil. Ce « témoin assisté » a en commun avec le suspect leur suspicion, et, avec le témoin ordinaire, leur comparution à l’audience ès qualité de témoins. Il n’est cependant ni totalement un suspect – parce que non poursuivable devant la Cour – ni totalement un témoin, parce que notamment impliqué dans la procédure principale. L’évolution de cet acteur singulier du procès pénal international aura eu le mérite de permettre à la Cour de revisiter des notions classiques du droit international pénal. Grâce à lui, la qualité de « parties » n’est plus une forteresse réservée à l’accusation et à la défense. Le témoin ordinaire, considéré comme tiers passif à l’instance, partage désormais la barre avec un « témoin » actif pouvant diligenter des procédures « détachables » de la procédure principale. En sept ans d’existence, le témoin assisté a tellement impacté la procédure pénale internationale qu’une révision des textes fondamentaux de la Cour s’impose pour mettre un terme à la cacophonie jurisprudentielle des chambres sur l’étendue de ses droits et obligations. / Following an oral decision given by the Trial Chamber I in the Lubanga case, the International Criminal Court has introduced a new player into international criminal cases: the self-incriminating witness, who is assisted by a counsel. This "assisted witness", like the suspect, is under suspicion, and like an ordinary witness appears before the Court to testify. However, he is neither completely a suspect, since he cannot be convicted by the Court, nor completely a witness, since he is implicated in the criminal proceedings. The evolution of the role of this singular player in international criminal cases has given the Court the opportunity of reviewing traditional notions of international criminal law. Thanks to this situation, the status of the different parties is no longer restricted to prosecution and defense. The ordinary witness, considered as a passive third party in the trial, now shares the stand with an active witness who is able to speed up proceedings that are separable from the main proceedings. In seven years of existence, the assisted witness has had such an impact on criminal proceedings that it has become necessary to revise the core texts of the Court in order to put an end to the legal confusion among the different chambers regarding the extent of this witness's rights and obligations.

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