Thesis (M.A.)--University of Texas at El Paso, 2009. / Title from title screen. Vita. CD-ROM. Includes bibliographical references. Also available online.

The Crimes Act 1961 and the New Zealand Bill of Rights Act 1990 provide that a person accused of a criminal offence in New Zealand has the right to be represented at trial by counsel. The purpose of representation by counsel is to protect the accused�s interests; ensure that the accused is able to present their defence to the Court; ensure that the accused receives a fair trial; and ensure that the accused is not the subject of a miscarriage of justice. It is implicit that criminal defence counsel must be competent if they are to be effective advocates on behalf of their clients. If counsel is not competent, there is a risk that counsel�s acts or omissions may cause or contribute to a miscarriage of justice. The Crimes Act 1961 allows an accused to appeal against their conviction on the basis that they have been the subject of a miscarriage of justice through the conduct of their counsel. The thesis analyses the Supreme Court decision of R v Sungsuwan that sets out the test that an appellate court must consider when deciding to allow an appeal based on the conduct of counsel. The thesis examines 239 Court of Appeal decisions between 1996 and 2007 that have considered appeals from jury trials where at least one of the grounds of appeal was that defence counsel caused or contributed to a miscarriage of justice. The thesis notes the increasing trend to use "conduct of counsel" as a ground of appeal. In 1996 there were 4 appeals; in 2006 there were 43 such appeals and in 2007 there were 29 appeals. During the period under review the Court of Appeal allowed the appeal and specifically held that counsel�s conduct, either alone or in combination with other grounds, caused or contributed to a miscarriage of justice in 41 cases. The thesis analyses the common complaints made by an accused against trial counsel and the common areas where the Court of Appeal upheld complaints against counsel. The thesis takes into account the Lawyers and Conveyancers Act 2006 and the Lawyers and Conveyancers (Lawyer: Conduct and Client Care) Rules 2008 that came into existence on 1 August 2008. The new legislation places particular emphasis on the obligations of counsel to uphold the rule of law and to facilitate the administration of justice in New Zealand. Counsel also has an obligation to protect the interests of their clients. The thesis concludes that the plethora of cases coming before the Court of Appeal, and the number of appeals allowed by the Court, demonstrate defence counsel do not always protect the interests of their clients and can cause or contribute to a miscarriage of justice. The thesis makes a number of recommendations that may reduce the risk of both an accused appealing on the basis on the conduct of counsel and an appeal being allowed on the basis of the conduct of counsel. In particular, it is suggested that there should be greater degree of co-operation between the New Zealand Law Society and the Legal Services Agency to ensure the maintenance of high standards among criminal defence lawyers.

The Crimes Act 1961 and the New Zealand Bill of Rights Act 1990 provide that a person accused of a criminal offence in New Zealand has the right to be represented at trial by counsel. The purpose of representation by counsel is to protect the accused�s interests; ensure that the accused is able to present their defence to the Court; ensure that the accused receives a fair trial; and ensure that the accused is not the subject of a miscarriage of justice. It is implicit that criminal defence counsel must be competent if they are to be effective advocates on behalf of their clients. If counsel is not competent, there is a risk that counsel�s acts or omissions may cause or contribute to a miscarriage of justice. The Crimes Act 1961 allows an accused to appeal against their conviction on the basis that they have been the subject of a miscarriage of justice through the conduct of their counsel. The thesis analyses the Supreme Court decision of R v Sungsuwan that sets out the test that an appellate court must consider when deciding to allow an appeal based on the conduct of counsel. The thesis examines 239 Court of Appeal decisions between 1996 and 2007 that have considered appeals from jury trials where at least one of the grounds of appeal was that defence counsel caused or contributed to a miscarriage of justice. The thesis notes the increasing trend to use "conduct of counsel" as a ground of appeal. In 1996 there were 4 appeals; in 2006 there were 43 such appeals and in 2007 there were 29 appeals. During the period under review the Court of Appeal allowed the appeal and specifically held that counsel�s conduct, either alone or in combination with other grounds, caused or contributed to a miscarriage of justice in 41 cases. The thesis analyses the common complaints made by an accused against trial counsel and the common areas where the Court of Appeal upheld complaints against counsel. The thesis takes into account the Lawyers and Conveyancers Act 2006 and the Lawyers and Conveyancers (Lawyer: Conduct and Client Care) Rules 2008 that came into existence on 1 August 2008. The new legislation places particular emphasis on the obligations of counsel to uphold the rule of law and to facilitate the administration of justice in New Zealand. Counsel also has an obligation to protect the interests of their clients. The thesis concludes that the plethora of cases coming before the Court of Appeal, and the number of appeals allowed by the Court, demonstrate defence counsel do not always protect the interests of their clients and can cause or contribute to a miscarriage of justice. The thesis makes a number of recommendations that may reduce the risk of both an accused appealing on the basis on the conduct of counsel and an appeal being allowed on the basis of the conduct of counsel. In particular, it is suggested that there should be greater degree of co-operation between the New Zealand Law Society and the Legal Services Agency to ensure the maintenance of high standards among criminal defence lawyers.

Submitted by admin tede (tede@pucgoias.edu.br) on 2016-10-07T12:10:49Z No. of bitstreams: 1 SIMONE MARQUES ROSA.pdf: 3567513 bytes, checksum: 3645aa49c0aba553508df5cf42784b59 (MD5) / Made available in DSpace on 2016-10-07T12:10:49Z (GMT). No. of bitstreams: 1 SIMONE MARQUES ROSA.pdf: 3567513 bytes, checksum: 3645aa49c0aba553508df5cf42784b59 (MD5) Previous issue date: 2016-06-20 / This dissertation is the analysis of a science called Papiloscopia, which works through fingerprints with the individualization and identification of the individual and that, unfortunately, it is not as used as it should in our legal environment. Through a historical analysis, from its inception to the present day, including within the legal framework, which will focus on the laws that in some way, or helped or hindered its implementation. In addition to the analysis of political involvement that is behind the difficulties of their work, it will also be shown how it is harming society as a whole, and be bringing losses in several areas, including the state. During the work, Papiloscopia will be presented as follows: in the first chapter, entitled Identification of History, will be presented some methods that are already in disuse and others used to identify people, especially those who commit crimes not commit, and show its evolution in different historical periods, from ancient history to the present. Also in this chapter, it is presented to the reader why the Papiloscopia be considered a science and how it was brought to South America and consequently to Brazil. In the second chapter, the first records of this science will be shown in the State of Goiás, which is held this science in Goiás, where it is exercised and what it means to be present for society, by demonstrating their fields. In the third chapter, the reasons will be discussed, the reasons for this invisibility science in criminal prosecution in Goiás, main reason of this work. The Ideal would it not this invisibility, but what we see is an intriguing fact, disjointed, unfounded, or as would the legal, unsubstantiated, started within institutions, which, logically, should be main disseminators of this science, which are higher education institutions, responsible for the training of legal operators. To finish the work, we present some proposals in the short, medium and long term to cure any such deficiency over the final considerations. / Esta dissertação faz a análise de uma ciência chamada Papiloscopia, que trabalha, através das impressões digitais, com a individualização e identificação do indivíduo e que, infelizmente, não é tão utilizada como deveria em nosso meio jurídico. Através de uma análise histórica, desde o seu surgimento até os dias de hoje, inclusive, dentro do âmbito jurídico, onde enfocaremos nas leis que, de alguma forma, ou ajudaram ou atrapalharam sua aplicação. Além da análise do envolvimento político que há por trás das dificuldades de sua atuação, será demonstrado também o quanto isso vem prejudicando a sociedade como um todo, além de estar trazendo prejuízos em diversas áreas, inclusive ao Estado. No decorrer do trabalho, a Papiloscopia será apresentada da seguinte forma: no primeiro capítulo, intitulado de Histórico da Identificação, serão apresentados alguns métodos utilizados que já estão em desuso e outros ainda utilizados para identificar as pessoas, principalmente os que cometem crimes dos que não cometem, além de mostrar a sua evolução nos diversos períodos históricos, desde a História Antiga até a atualidade. Ainda neste capítulo, é apresentado ao leitor o porquê de a Papiloscopia ser considerada uma ciência e como ela foi trazida para a América do Sul e conseqüentemente, ao Brasil. No segundo capítulo, serão mostrados os primeiros registros dessa ciência no Estado de Goiás, onde ela é exercida e o que significa a sua presença para a sociedade, através da demonstração de suas áreas de atuação. No terceiro capítulo, serão abordados os motivos, as razões da invisibilidade dessa ciência na persecução penal em Goiás, motivo principal deste trabalho. O ideal seria ela não ter essa invisibilidade, mas o que constatamos é uma realidade intrigante, desconexa, infundada, ou como diriam os jurídicos, não fundamentada, iniciada dentro de instituições, que, pela lógica, deveriam ser as suas principais divulgadoras, que são as instituições de ensino superior, responsáveis pela formação dos operadores jurídicos. Para finalizarmos o trabalho, apresentamos algumas propostas a curto, médio e a longo prazo para sanarmos essa deficiência ao longo das considerações finais.

Made available in DSpace on 2016-04-26T20:20:27Z (GMT). No. of bitstreams: 1 Juliana Fogaca Pantaleao.pdf: 708676 bytes, checksum: 17b0aad00214db9f076117ff3152a73a (MD5) Previous issue date: 2011-09-23 / This essay concerns the investigation about Criminal Review, an institute inserted in the Brazilian Legal System of criminal procedure, under the specific consideration of an epistemological view. A genealogical, critical and systemic method of research will be dealt with in order to introduce the proceeding of Criminal Review as a complementary support to criminal jurisdiction in the pursuit of the most adequate solution for a lawsuit brought to a court within cognitive boundaries. This peculiar inquiry will preliminarily comprise historic aspects and foreign statutory laws to a further and contextual development of the dialectic discussion about the hypotheses and theories concerning the legal nature of the Criminal Review and its pragmatical role in courts. As a conclusion, Criminal Review is the right of the defendant in a criminal procedure to be under constitutional protection so that his/her freedom and dignity will not be harmed / O presente trabalho tem por objetivo a investigação acerca do instituto previsto no ordenamento processual penal brasileiro denominado Revisão Criminal, especificamente no seu aspecto epistemológico. O método de pesquisa será de natureza genealógica, crítica e sistêmica, visando apresentar o procedimento da Revisão Criminal como um meio de complementação do mecanismo judiciário para um alcance da melhor solução do conflito apresentado pela ação penal, dentro das limitações cognitivas. Para tanto, serão abordados aspectos históricos e a legislação estrangeira para, após, ser contextualizada a problemática que envolve a natureza jurídica da Revisão Criminal e analisadas as hipóteses de cabimento. O estudo realizado revela a Revisão Criminal como direito decorrente dos princípios e garantias constitucionais, preservador da liberdade e da dignidade humana do acusado na persecução penal

The "Death penalty as a response to the growing brutality of criminal offenses" diploma thesis discusses the increasing trend of the violent and brutal criminality and the resolution possibilities of the situation. As the main goal of this thesis, the author deals with the idea whether returning the death penalty back into our justice system would be the right response to the increasing degree of brutality of violent criminals. In the theoretical part, the term "death penalty" is explained in general, as well as its history and use. Next the thesis acquaints us with the use of the death penalty on our territory in the past and its legislative question in our history. The next part of the theoretical part is a comparison of the several past years in the development of violent criminal offenses and their brutality in the Czech Republic. The empirical part of the thesis is focused on the research of the public opinion of the citizens of the Czech Republic and the USA regarding the degree of the increasing trend of brutal criminal offenses as well as their opinion on the use of the death penalty. The development of criminality in the USA is described here, as well as the use of the death penalty there. Another point is the evaluation of the situation of the use of the death penalty in the world. The...

This study analyses how DNA evidence can be distorted by the behaviour of criminal investigators and role-players within the Criminal Justice System (CJS). This has a negative impact on justice resulting in further criminality. The study has resulted in revelatory weaknesses owing to constitutional violations which cause sound evidence to become futile as it will not be admissible in court. Justice is aborted. The researcher has further explained the properties of the pertinent terms, such as: mental illness, psycho-social functioning, DNA, forensic investigator, forensic psychology, and courts. Concepts are building blocks, hermeneutical distortion leads to the frustrating of what justice intends and this, in turn, leads to poor criminal investigation performance. It is submitted that not only ineptness, but also deception possibly evolves from genotypic to phenotypic type which causes unwelcome behaviour within the criminal justice system to surface. The frequency of monitoring psychological behaviour amongst criminal investigations is low, and it, therefore, also contributes to delict and the miscarriage of justice occurs. / Police Practice / M.A. (Criminal Justice)