Thesis (LL. M.)--Judge Advocate General's School, 1961. / "May 1961." Typescript. Includes bibliographical references. Also issued in microfiche.

Thesis (Ph.D.)--University of Cincinnati, 2008. / Includes bibliographical references (leaves 92-102). Also available online.

The Issue of Pre-trial Detention in Criminal Procedure This thesis deals with the topic of the institute of pre-trial Detention. Personal freedom is a fundamental human right, but it is not unlimited. It is the detention that significantly affects this right. Both in the case of legislative process and in the application of legal instruments, it is necessary to insist on the greatest possible emphasis on the rights of persons against whom criminal procedure is being conducted. The thesis is divided into eight chapters. The first chapter describes the general features of detention, especially the concept of detention, the conditions under which detention can be applied and the principles influencing the detention. The second chapter deals with the international and constitutional legal framework of detention. Topics of presumption of innocence and limits of restriction of personal freedom. The third part is devoted to a summary of the historical development of the detention in the Czech lands from the 19th century to the present day. Chapter four is focused on material aspect of law concerning detention. The individual reasons for detention are discussed, as well as the institutes alternative to detention. Special mention is given to electronic control in cases where the detention was replaced by...

An Examination of Competency Restoration Training in a South Florida Community-based Setting by Josephine J. Tang, M.S. Doctor of Philosophy, Nova Southeastern University, 2010 Dr. David Shapiro, Chairperson The deficiency in competency restoration programs according to the literature (Grudzinskas & Clayfield, 2004) is that this intervention only provides a limited treatment to satisfy the legal requirements. There is also lack of research that examines the efficacy of treatment for incompetent defendants and the duration of competency restoration (Nicholson & McNulty, 1992). The present study examined a competency restoration program for pre-trial individuals. Those (BAP group) who received psychotherapy, competency restoration training, and medication were compared with those (BA group) who did not receive psychotherapy to determine which group will obtain competency faster and maintain it longer. The survival analyses did not find any significant difference between the groups in regard to duration of competency. Propensity scores were based on the logistic regression of psychotherapy on other covariates. Psychotherapy was not statistically significant in three way analyses. When all covariates were unadjusted, the hazard ratio was 2.09 (p = 0.13). When using the propensity score as a continuous variable, the hazard ratio was 1.75 (p = 0.70) and when using the propensity score in quintiles, the hazard ratio was 1.84 (p = 0.42). The probability is that participants in the BAP group are twice as likely to obtain competency as participants of the BA group. Although this result did not reach a significant level, the effect size is meaningful. The three analyses yielded similar results and identical direction. Logistic regression was used to examine the correlation between the treatment time and being judged incompetent among the individuals who were initially judged competent. Individuals of the BA group had slightly lower odds of being judged competent and later to relapse than those in the BAP group. Relapse of competency occurred more frequently in individuals diagnosed with psychotic symptoms, low intellectual functioning, and/or neurological deficit. The findings suggested that severe and persistent mental disorder is a chronic condition that requires long-term care and consideration for more comprehensive treatment.

Yes / This chapter focuses on the forms of legality and illegality produced by, and within, prison systems in Latin America where prison populations have risen five-fold, leading to a serious structural crisis in the criminal justice system. The chapter develops the concept of “prisoner capture”, a double-sided phenomenon of illegality in the state’s practices of detention, on the one hand, and informal, or parallel, governance exercised by those that it detained, on the other. State authorities held tens of thousands of people in extended and legally unjustifiable pretrial detention, and frequently denied convicted prisoners their legal rights, including timely release. This officially sanctioned form of kidnapping created such overcrowding and under-investment in prisons that national, constitutional, and international minimum norms on detention standards were routinely, systematically and grossly violated. These multiple illegalities on the part of the state in turn encouraged the emergence of prisoner self-defence and self-governance organizations. This resulted in “prisoner capture” of a different kind, when inmates took over the day-to-day ordering of prison life. In turn, this produced a parallel normative and pseudo-legal world in which inmates adjudicated on and disciplined other inmates in the absence of state officials within the prison walls. The chapter further examines what the study of Latin American prisons and penal practices can add to the field of socio-legal studies in the region and the implications of this phenomenon of prison capture for the dominant socio-legal literature on prisons and imprisonment.

published_or_final_version / Sociology / Master / Master of Social Sciences

Ikiteisminio tyrimo organizavimas – tai ne tik įstatymais apibrėžta procesinė veikla, bet ir įvairių bendravimo bei bendradarbiavimo veiksmų kompleksas, kuris gali būti paaiškintas remiantis kitų visuomenės mokslų žiniomis. Ikiteisminio tyrimo organizavimo, jam vadovavimo, kontroliavimo sistemą sudaro ikiteisminio tyrimo pareigūnas, prokuroras, ikiteisminio tyrimo teisėjas. Pagrindinis ikiteisminio tyrimo proceso organizatorius, vadovas ir kontrolierius - prokuroras. Ikiteisminio tyrimo pareigūnas (tyrėjas) privalo vykdyti visus prokuroro nurodymus bei jo nustatytu laiku pranešti apie ikiteisminio tyrimo eigą. Ikiteisminio tyrimo teisėjas atlieka tik jam priskirtus procesinius veiksmus ir tik gavęs prokuroro prašymą. Esminiai ikiteisminio tyrimo organizavimo principai: teisėtumas, vienasmeniškumas, veiksmų koordinavimas, mobilumas, intensyvumas, mokslo ir technikos panaudojimas, dinamiškumas ir vykdymo kontrolė bei uždaviniai skirti operatyviai ir išsamiai išaiškinti nusikalstamas veikas, sudaryti kiekvienoje byloje sąlygas teisingai taikyti įstatymą, kad kiekvienas nusikaltimą padaręs asmuo būtų teisingai nubaustas ir nė vienas nekaltas asmuo nebūtų patrauktas baudžiamojon atsakomybėn, užtikrinti nusikalstamą veiką padariusio asmens padarytos materialinės žalos atlyginimą arba ją atlyginti, sudaro vieną iš ikiteisminio tyrimo organizavimo pagrindų. Tačiau vienas svarbiausių, be ikiteisminio tyrimo organizavimo principų ir uždavinių, pagrindų yra procesinis, kurį sudaro... [toliau žr. visą tekstą] / Organization of the pre-trial investigation - is not only defined by law procedural activities but communication and cooperation between different set of operations which can be explained by other social science research organization of the pre-trial investigation, his leadership; the monitoring system consists of pre-trial investigation officer, prosecutor, investigating judge. The main organizer of investigative process, supervisor and controller - prosecutor. Pre-trial investigation officer (investigator) must comply with all instructions and prosecutor in due time to the pre-trial proceedings. The pre-trial judge assigned to him only by the proceedings and only after the prosecutor's request. Key pre-trial organization principles: legality, coordination, mobility, intensity of use of science and technology, dynamics and control performance as well as the targets for rapid and comprehensive interpretation of criminal offenses, consisting in each case for correct application of the law so that every offender would be justly punished and no innocent person is not prosecuted, to ensure the offender of material damages or compensation, is one of the pre-survey in the grounds. However, one of the most important, in addition to investigating the principles and objectives of the organization, the framework is procedural, which are the Republic of Lithuania Code of Criminal Procedure and other legislation. Proper pre-trial planning is essential in ensuring the success of the... [to full text]

The aim of this thesis is to analyse the silence principle (i.e. the right to silence and the privilege against self-incrimination) and to determine its place within procedural and constitutional law. Should the silence principle be entirely abolished, sustained as a limited evidentiary rule or elevated to the status of a constitutional right? The central question to be argued is whether the silence principle has a rationally justifiable and valid procedural place within the accusatorial-adversarial Anglo-American system of criminal justice. The methodology employed in the main body of this thesis involves a critical and comparative examination of the silence principle and is founded on the following four legs : a) A historical analysis of the silence principle and its antecedents. Does the historical silence principle support the modern silence principle in description and scope? b) An analysis of the distinction between a "right" and a "privilege". Why is the accused's right to silence distinguished from the witness privilege? Is there a philosophical justification for the silence principle? c) A comparative study of the two major jurisdictions of the Anglo-American system of justice, namely : i) The American silence principle constituted as the fifth amendment privilege against self-incrimination and entrenched within the U.S. Constitution; ii) The English silence principle constituted until recently as a common law evidentiary rule contained within a body of ill-defined principles loosely referred to as the unwritten English Constitution. The common law rule has been statutorily formalized in the Criminal Justice and Public Order Act 1994 and will be greatly influenced by the new Human Rights Act 1998. iii) The South African interpretation of a silence principle is caught between the two extremes of an American absolute right and an English evidentiary rule. Silence in South Africa is a relative right subject to a balance of interest and reasonable limitation. Which of these definitions is better suited as a template for an ideal silence principle? vi d) A comparative international study of the procedural differences between an inquisitorial and an accusatorial system. How does a principle of silence function outside the accusatorial system? The conclusion of the thesis is that the most suitable role of a silence principle within the accusatorial system is one of a flexible compromise. While it does not deserve abolition neither does it deserve elevation into a constitutional right. Silence is best suited to the role of a procedural evidentiary rule. A circumstantial item of evidence with its trial admissibility determined by the criteria of relevancy and prejudice. If the legal, political and cultural pressures upon a particular jurisdiction are such as to demand constitutional entrenchment then the second best alternative is to define the silence principle as a relative right susceptible to a properly applied balance of interest test. The worst alternative is to define the silence principle in absolute terms. Silence as an evidentiary rule or a relative right means that it will sometimes be necessary to emphasise the autonomous interests of the individual in remaining silent and at other times the societal interest in crime prevention. Which interest is to be preferred and to what extent will depend on the prevailing social pressures of the day. It shall be argued that the elevation of a silence principle into a constitutional right stifles a critical examination of the essentiale of silence by disguising its inherent irrationality and lack of a philosophical raison de etre. The interpretation of a silence principle as an absolute constitutional right by the Supreme Court of the United States is confusing, contradictory and riddled with innumerable exceptions. By contrast the English approach to silence is pragmatic and highly successful. The Criminal Justice and Public Order Act of 1994 gives a meaningful interpretation of silence which takes into account its logical flaws. The English statute is a successful compromise between the need to protect the individual during the criminal process and the need to combating crime in the most efficient manner possible. While the South African interpretation of silence is a workable compromise, South Africa may have been better served by defining its silence principle in terms of the pragmatic English statutory model which allows for the efficient but carefully controlled use of silence in the combating of crime. / Jurisprudence / LL.D. (Jurisprudence)

Thesis (LL.D.)--University of South Africa, 2001.

v anglickém jazyce Efficiency of criminal procedure and adjustment of pre-trial proceedings The purpose of my thesis is to analyse relationship between basic principles of criminal procedure and the purpose of criminal procedure. The reason for my analysis is fact that basic principles are ground of criminal proceedings. They influence all institutes of criminal procedure law and the way how they are applied. The thesis is composed of five chapters. Chapter One is introductory and defines basic terminology used in the thesis: criminal procedure, purpose of criminal proceedings, pre - trial proceedings and other section of criminal proceedings. The chapter is subdivided into four parts. Part One describes term of criminal procedure and it's purpose and explains relationship between criminal proceedings and human rights. Part Two deals with history of criminal procedure codes in the Czech lands. Part Three deals with relevant Czech legislation connected with criminal proceedings and Part Four explains term of sections of criminal procedure and briefly describes individual sections. Chapter Two focuses on basic principles of criminal proceedings. The Chapter consists of sixteen parts. Part One focuses on term and importance of basic principles of criminal proceedings. The rest of the Chapter concerns...