Thesis (Ph.D.)--University of Washington, 2006. / Adviser: Donald Clarke. Includes bibliographical references (p. 212-232)

Thesis (M. Publ. Admin.)--Kutztown University. / Source: Masters Abstracts International, Volume: 45-06, page: 2980. Typescript. Includes bibliographical references (leaves 55-59).

The object of this study is to explain the organization of law courts and allied matters relating to the administration of justice in the three higher criminal courts of Vancouver: 1. The County Court Judge's Criminal Court. 2. The Supreme Court. 3. The Court of Appeal. Most of the material for this study was obtained through interviews with the judges and staff of these courts. In the past the administration of justice has hardly been considered a subject by legal writers as evidenced by the paucity of literature in the Canadian field. Some writers have included the system of courts but necessarily could not give it much space; others presumed that the reader was acquainted with the subject. The study outlines the jurisdiction of these three courts, including the functions of the judges and staff attached to them. The study also outlines the process of trials originating in the Magistrate's Court and culminating in the three higher courts. Finally, some general conclusions and recommendations are made regarding some of the inadequacies now existing in these three courts. The writer's sincere impression, having had a legal background, is that the social worker needs a knowledge of the present administration of justice, how it really works, and what criticisms and suggestions have been made to improve it. Law treated as sacrosanct, isolated from the society it serves, must succumb to a more modern approach. To some extent, this means that lawyers, social workers and other people concerned with the administration of justice must look critically at its present structure. Only through knowledge and mutual endeavor by those involved with the administration of justice can the rights of individuals appearing before the courts be protected. It is hoped that this study will arouse some interest and that others will carry out extensive research in this area in the near future. / Arts, Faculty of / Social Work, School of / Graduate

Thesis (Ph. D.)--UCLA, 2008. / Vita. Includes bibliographical references (leaves 181-194).

As a restut of British colonization and their attempts to govern a variety of different cultures many nations now share a common bond in their criminal justice systems. This research focuses on the impact of some of those common bonds on the South African and United States criminal justice systems. Along with many national historical similarities there appears to be similarities in the approaches these two governments have taken to remedy criminal justice issues that arise. Political interference, lack of cooperation, poor communication skills, interagency discord and a lack of unified direction seem to plague both criminal justice systems. As a resulc both criminal justice systems appear: to be fragmented and in a constant state of flux. One solution that attempts to remedy the mistrust developed by individual citizens and their communities as a result of the fragmentation of their criminal justice system is community policing. Both nations are embarking on a concept that was proposed by Sir Robert Peel in 1829 when he espoused the ideal of Police, at all times, should maintain a relasionship with the public that gives reality to the historic tradition that the police are the public and the public are the police. The fragmentation which causes many of the dilemmas faced by the criminal justice system appears to be a necessary element of any system that wishes to be able to grow and change with time. As we embark on the 21st century, globalization w1ll become a factor in every surviving national goverernment. South Africa and the United States appear co be positioning themselves to be active patcipants in this process / Criminology and Security Studies / D.Litt. et Phil. (Criminology)

As a restut of British colonization and their attempts to govern a variety of different cultures many nations now share a common bond in their criminal justice systems. This research focuses on the impact of some of those common bonds on the South African and United States criminal justice systems. Along with many national historical similarities there appears to be similarities in the approaches these two governments have taken to remedy criminal justice issues that arise. Political interference, lack of cooperation, poor communication skills, interagency discord and a lack of unified direction seem to plague both criminal justice systems. As a resulc both criminal justice systems appear: to be fragmented and in a constant state of flux. One solution that attempts to remedy the mistrust developed by individual citizens and their communities as a result of the fragmentation of their criminal justice system is community policing. Both nations are embarking on a concept that was proposed by Sir Robert Peel in 1829 when he espoused the ideal of Police, at all times, should maintain a relasionship with the public that gives reality to the historic tradition that the police are the public and the public are the police. The fragmentation which causes many of the dilemmas faced by the criminal justice system appears to be a necessary element of any system that wishes to be able to grow and change with time. As we embark on the 21st century, globalization w1ll become a factor in every surviving national goverernment. South Africa and the United States appear co be positioning themselves to be active patcipants in this process / Criminology and Security Studies / D.Litt. et Phil. (Criminology)

published_or_final_version / Sociology / Master / Master of Social Sciences

No abstract available. / Thesis (LL.M.)-University of KwaZulu-Natal, Durban, 2008.

International human rights law has witnessed considerable developments in the last decades both in normative terms and standard setting as well as in monitoring of state observance and compliance. The ECtHR and the former Commission have taken a leading role in the development of human rights due to the extensive case law the Strasbourg institutions have produced. Human rights of the accused in the criminal proceedings had its share of such a development. The court in its assessment of various national systems in their adherence to the rights enshrined in the convention has interpreted the rights progressively and the result is a vast case law regarding the right of the accused to fair trial, to liberty and the right to private life. The central theme of this work is to examine the Libyan criminal justice system in its attempt to protect the rights of those accused of a criminal offence in the light of the developments pioneered by inter-state organs especially the ECtHR. The thesis focuses on the most pressing issues where the Libyan system does appear to be at odd with the international standards of fair trial. Therefore the scope of this work has been limited to examine the protection of the right to liberty and the right to fair hearing. In doing so, it starts with a chapter introducing the reader to the Libyan system and outlining the main features and principles governing the criminal justice system. The thesis also examines the human rights situation in general and how the political and constitutional arrangements have affected the human rights situation in the country. The protection of the right to liberty and pre-trial detention is examined in chronological order starting from the initial arrest by the police till the accused is referred to the court for trial. To evaluate the extent to which the Libyan system does protect the right to liberty, the study first, examines the procedural guarantees available in the criminal process and second to ascertain whether these domestic procedures as compared to the standards developed by the ECtHR and the Human Rights Committee are of acceptable international standards. The principle of equality of arms and the principle of adversarial proceedings as developed by the European court are an integral part of the right to fair trial and these principles are the focus of this thesis. The special position the public prosecution authority occupies, the wide power it has under the Libyan system, the heavy reliance on the pretrial evidence “the dossier evidence” and the marginal role of the defence lawyer have been diagnosed to be the major problems of the system which pose serious challenges to whether the system can uphold fairness and adhere to the requirement of adversarial proceedings. The study suggests that in the light of the examination of the Libyan system, it is apparent that it suffers from major weaknesses and shortcomings and is in need of reform. In order to ensure a better protection of the rights of accused persons, certain measures need to be introduced. However, the study also acknowledges the Libyan system has a number of strong points and these should be taken into account in any future reform. Instead of arguing for a radical change, the study suggests that any proposed reform should build upon the system’s traditions and experience. Reform should on one hand, lay the ground for a more participatory role for the defence lawyer from the early stages of the proceedings, backed by more judicial supervision of the conduct of police and prosecution in the pre-trial stage. On the other hand, the study argues the system’s belief in the positive role of the trial judge is a valuable guarantee of justice which should be retained. The study’s focus on the implications of the Strasbourg case law for the Libya system has not deterred it from seeking lessons and insights from the development of international justice and Islamic law jurisprudence.

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