The language in which a criminal case is conducted may signicfiantly inuflence the verdict, and impact on the right to a fair trial if the accused does not properly understand the language of the ...court. The courts of Kenya, therefore, tolerate no compromise of the constitutional imperative that the person on trial must understand the language used in the proceedings. This paper examines the language-based requirements of fair trial as revealed by the jurisprudence on core trial processes such as judicial interpreting, plea taking, and confessions. A competent court safeguards a fair trial by ensuring that trial participants express themselves in the language(s) of their ability. This may require the provision of effective interpretative assistance. There is need to professionalise judicial interpreting and to foster the scienticfi and legal development of local languages in Kenya.
Background: Constituent parts of the right to a fair trial, which presuppose the need for the existence of institutions in a state that are authorised to review and resolve legal conflicts and united ...by the concept of ‘a court established by law’, are identified and studied in this article. The study is based on the decisions of the European Court of Human Rights, which outlines the criteria to which any institution authorised to administer justice must correspond. The aim of the study is to verify the Ukrainian laws that determine the principles of developing and functioning administrative courts in order to enshrine in their texts the requirements arising from the content of a legal formula for a ‘court established by law’.
Methods: In this article, the authors use the following special legal methods: conceptual-legal, comparative-legal, formal-legal, and others. For example, with the help of the formal-legal method, it was possible to analyse the current trends in the practice of national administrative courts in compliance with the proposed requirements.
Results and Conclusions: The article states that the operation of Ukrainian laws creates the right conditions for administrative courts to be perceived as institutions with ‘full jurisdiction’ in resolving public disputes of any kind. At the same time, the authors conclude that there are cases in which the courts violate the provisions of Art. 6 § 1 of the Convention for the Protection of Human Rights and Fundamental Freedoms of 1950, despite the fact that such provisions have been implemented in the national administrative, procedural law.
It is often believed that the common law adversarial process performs efficiently to ensure the truth comes out and that justice is served. However, this was not the case in R v Mullins-Johnson. This ...paper argues that the common law adversarial trial process can actually contribute to wrongful convictions if judicial passivity is strictly adhered to. If the trial judge could have learned about the unreliability of the Crown expert testimony through independent research, he could have intervened to avoid a wrongful conviction.
Exploring the referendum practices of eight European states, this book unpacks the intricacies of the institutional and procedural settings of referendum authorization to reach an equilibrium between ...the exercise of popular sovereignty and the protection of rule of law. The book also examines how, by authorizing certain issues and refusing others, state institutions can exercise considerable control over the whole referendum process.
Redefining Trial by Media: Towards a critical-forensic linguistic interface applies a range of linguistic models to recast trial by media not as a sensationalist and infrequent phenomenon, but as a ...systematic and routine process. Using critical discourse analysis and cognitive linguistic models, this book builds a Spectrum of Trial by Media which views juries in criminal trials as moulded by ideological media-made constructions of crime. The role of these media constructions is enhanced by the isolation levied on jurors by the linguistic composition of trial language, and reinforced by the language strategies of legal professionals in court. Critically deconstructing media portrayals of crime and forensically examining the language of criminal proceedings, this book offers a redefinition of trial by media which casts the role of the press as much more prevalent in the courtroom trial than is presently appreciated.
Digital open source information (DOSI) has emerged as a significant source of evidence for the International Criminal Court ('the Court') and other jurisdictions applying international criminal law. ...However, its use in litigation raises questions about who can be considered an expert in DOSI and what methods and safeguards they should adopt. This article examines how the Court can receive DOSI via expert evidence while maintaining rigorous fact-finding standards. It addresses challenges that DOSI introduces to the paradigm of expert testimony, including the lack of an overarching formalized system of DOSI accreditation, the typically group-based nature of DOSI investigations and the scope for misinterpretations and biases to result in erroneous conclusions. It proposes a novel six-factor test for the Court's identification of sufficiently qualified DOSI specialists as expert witnesses. At the same time, it highlights that DOSI specialists should utilize transparent, accessible and replicable methodologies, with quality control feedback loops, peer review processes and bias controls. The aim of the article is to facilitate the use of DOSI evidence to resolve atrocity crimes cases, while also maintaining rigorous fact-finding standards and conforming with due process and fair trial rights.
Foreword Florian Jessberger; Julia Geneuss
Journal of international criminal justice,
08/2023, Letnik:
21, Številka:
4
Journal Article
Recenzirano
More than 20 years ago, on 30 June 2002, the German Code of Crimes Against International Law (CCAIL) entered into force. The anniversary completed last year, gives reason to look back and reflect ...critically on the development of German international criminal law in the last 20 years.
The automation brought about by big data analytics, machine learning and artificial intelligence systems challenges us to reconsider fundamental questions of criminal justice. The article outlines ...the automation which has taken place in the criminal justice domain and answers the question of what is being automated and who is being replaced thereby. It then analyses encounters between artificial intelligence systems and the law, by considering case law and by analysing some of the human rights affected. The article concludes by offering some thoughts on proposed solutions for remedying the risks posed by artificial intelligence systems in the criminal justice domain.
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