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Sensitive Judges – How to Resolve the Tangle of Legal Decision-Making and Emotion?  [cached]
Jurri?n Hamer
Utrecht Law Review , 2012,
Abstract: According to traditional legal thought, emotions should have no influence on legal decision-making. The general assumption is that emotions interfere with clear rational thinking, and cause decisions to be biased and imbalanced. However, in modern philosophical thought, a different thesis has been put forward. Contrary to being irrational occurrences, emotions are said to actually contain important cognitive content. More precisely, our emotions reflect important evaluative judgments we have about our environment, which usually inform us in making decisions. The question asked in this paper is what the consequences are of accepting such an account of emotions for the legal decision-making process. Does this new understanding of emotions necessitate rethinking the role traditionally assigned to emotions? Focusing on judges, it is argued that emotions are of value to the decision-making process, and that the influence of emotions does not automatically lead to decisions being biased. It is concluded that like distanced rational thought, the emotions involved offer a uniquely important aid to make correct and just decisions.
Legal Assistance for Accused and Victims in Austrian Pre-Trial Criminal Proceedings  [PDF]
Alois Birklbauer, Richard Soyer, Christoph Weber
Beijing Law Review (BLR) , 2012, DOI: 10.4236/blr.2012.34027
Abstract: Based on two research projects this paper evaluates the legal assistance for accused and victims in pre-trial criminal proceedings in Austria after the implementation of a revised law on pre-trial proceedings in 2008. The research projects combined legal and empirical research. The project for scientific evaluation of the realization of the criminal procedure reform law (PEUS) analysed approx. 5000 pre-trial files and has additionally conducted 85 interviews with police officers, prosecutors, judges and lawyers. The results of the empirical research provide insight into which extent in practice in Austrian criminal proceedings the accused has access to legal advise. The paper comes to the conclusion that by strengthening victims’ access to legal representation in Austrian criminal proceedings in numerous cases the actual division of power to influence the proceedings has shifted from the accused to the victim.
Changing approaches of prosecutors towards juvenile repeated sex-offenders: A Bayesian evaluation  [PDF]
Dipankar Bandyopadhyay,Debajyoti Sinha,Stuart Lipsitz,Elizabeth Letourneau
Statistics , 2010, DOI: 10.1214/09-AOAS295
Abstract: Existing state-wide data bases on prosecutors' decisions about juvenile offenders are important, yet often un-explored resources for understanding changes in patterns of judicial decisions over time. We investigate the extent and nature of change in judicial behavior toward juveniles following the enactment of a new set of mandatory registration policies between 1992 and 1996 via analyzing the data on prosecutors' decisions of moving forward for youths repeatedly charged with sexual violence in South Carolina. To analyze this longitudinal binary data, we use a random effects logistic regression model via incorporating an unknown change-point year. For convenient physical interpretation, our models allow the proportional odds interpretation of effects of the explanatory variables and the change-point year with and without conditioning on the youth-specific random effects. As a consequence, the effects of the unknown change-point year and other factors can be interpreted as changes in both within youth and population averaged odds of moving forward. Using a Bayesian paradigm, we consider various prior opinions about the unknown year of the change in the pattern of prosecutors' decision. Based on the available data, we make posteriori conclusions about whether a change-point has occurred between 1992 and 1996 (inclusive), evaluate the degree of confidence about the year of change-point, estimate the magnitude of the effects of the change-point and other factors, and investigate other provocative questions about patterns of prosecutors' decisions over time.
INTELLECTUAL PROPERTY RIGHTS IN NATURAL RESOURCES: MALAYSIAN LEGAL PERSPECTIVE  [cached]
Nor Azlina Mohd Noor,Ahmad Shamsul Abd Aziz
Journal of Politics and Law , 2011, DOI: 10.5539/jpl.v4n1p138
Abstract: Malaysia is a country which has been blessed with plethora of natural resources, plants and animals. The natural resources fall part of the property which must be protected to ensure its sustainability. This paper will look into the legal position of natural resources specifically plants from Intellectual Property Rights perspective in Malaysia.
Terminologia jurídica: eines i recursos [Legal terminology: tools and resources]  [PDF]
Bover, Jordi,Colomer, Rosa
Papers Lextra , 2007,
Abstract: The aim of this article is to explain the tools and resources, particularly those developed by TERMCAT, which are available to students and professional translators, with special attention to legal translation. The presentation is divided in three parts: the first describes briefly TERMCAT’s areas of activity; the second introduces a list of online legal terminology resources for translators; finally, the article relates TERMCAT experiences in connection with legal dictionaries and translations of normative texts.
The legal and forensic value of the guidelines
Angioni C,Montanari Vergallo G,Catarinozzi I,Iovenitti L
Prevention and Research : International Open Access Journal of Prevention and Research in Medicine , 2011, DOI: 10.7362/2240-2594.003.2011
Abstract: Scope: The Authors examine the current jurisprudential context relative to the juridical and forensic value of the guidelines in order to illustrate what are the rules that regulate their use in diagnosis and therapy. Materials and Methods: The Authors analyze the case decided by the sentence no 8254/2011 of Supreme Court of Appeals considering its clinical characteristics in relation to the legal principle affirmed. It is evaluated the compatibility of this sentence with the principles enshrined in law and the rules of professional conduct. Results and conclusions: The Authors emphasize this decision clashes with the Constitutional Court that judges the law to health has a limited protection, because also financial resources have to be taken into account. Moreover, this decision introduces a principle that doesn’t permit physicians to fully exercise their professional independence in the interest of their patients, without running the risk of administrative sanctions or legal liability.
REVITALISASI SUMBER DAYA MANUSIA POLRI UNTUK SINERGITAS KINERJA DALAM INTEGRATED CRIMINAL JUSTICE SYSTEM  [cached]
Dian Agung Wicaksono
Makara Seri Sosial Humaniora , 2012, DOI: 10.7454/mssh.v16i2.1499
Abstract: Law enforcement system in Indonesia, specifically in criminal law known as the Integrated Criminal Justice System(ICJS), which consists of four components, namely judges, prosecutors, lawyers, and police. The harmony of actors ofICJS can be achieved by equivalence of ICJS quality. But, police are getting different input in human resource comparewith another actors of ICJS. The implication of differentiation is causing law enforcement in Indonesia far from lawideas to achieving legal certainty, justice and expediency. This research is aimed to design an alternative solution for theimprovement of police education to realize the harmony of ICJS. This research is a normative legal research with usingsecondary legal materials. Revitalization of police human resources through police education synchronization withactors of ICJS needed because the police will work simultaneously with other actors of ICJS. Revitalization of policeeducational institutions will be focused on the realignment of police educational institutions at various police ranks.Police education curriculum should be a provision for the police to function as a law enforcement officer. Equivalenceof education is expected to create the same light similarities between police officers with other actors of ICJS.
The legal status of Uncertainty  [PDF]
M. Altamura,L. Ferraris,D. Miozzo,L. Musso
Natural Hazards and Earth System Sciences (NHESS) & Discussions (NHESSD) , 2011, DOI: 10.5194/nhess-11-797-2011
Abstract: An exponential improvement of numerical weather prediction (NWP) models was observed during the last decade (Lynch, 2008). Civil Protection (CP) systems exploited Meteo services in order to redeploy their actions towards the prediction and prevention of events rather than towards an exclusively response-oriented mechanism1. Nevertheless, experience tells us that NWP models, even if assisted by real time observations, are far from being deterministic. Complications frequently emerge in medium to long range forecasting, which are subject to sudden modifications. On the other hand, short term forecasts, if seen through the lens of criminal trials2, are to the same extent, scarcely reliable (Molini et al., 2009). One particular episode related with wrong forecasts, in the Italian panorama, has deeply frightened CP operators as the NWP model in force missed a meteorological adversity which, in fact, caused death and dealt severe damage in the province of Vibo Valentia (2006). This event turned into a very discussed trial, lasting over three years, and intended against whom assumed the legal position of guardianship within the CP. A first set of data is now available showing that in concomitance with the trial of Vibo Valentia the number of alerts issued raised almost three folds. We sustain the hypothesis that the beginning of the process of overcriminalization (Husak, 2008) of CPs is currently increasing the number of false alerts with the consequent effect of weakening alert perception and response by the citizenship (Brezntiz, 1984). The common misunderstanding of such an issue, i.e. the inherent uncertainty in weather predictions, mainly by prosecutors and judges, and generally by whom deals with law and justice, is creating the basis for a defensive behaviour3 within CPs. This paper intends, thus, to analyse the social and legal relevance of uncertainty in the process of issuing meteo-hydrological alerts by CPs. Footnotes: 1 The Italian Civil Protection is working in this direction since 1992 (L. 225/92). An example of this effort is clearly given by the Prime Minister Decree (DPCM 20/12/2001 "Linee guida relative ai piani regionali per la programmazione delle attivita' di previsione, prevenzione e lotta attiva contro gli incendi boschivi – Guidelines for regional plans for the planning of prediction, prevention and forest fires fighting activities") that, already in 2001, emphasized "the most appropriate approach to pursue the preservation of forests is to promote and encourage prediction and prevention activities rather than giving priority to the eme
The Role of Judges in Identifying the Status of Combatants
Nobuo Hayashi
Acta Societatis Martensis , 2006,
Abstract: International humanitarian law facilitates legitimate human endeavours and safeguards social values in armed conflict. Persuasive standards of belligerent conduct ought to account for its peculiarities. Combatants make life-and-death decisions — e.g. the status of persons present in the battlefield — quickly and based on limited and often conflicting information. Judges tasked with reviewing such decisions must utilise legal presumptions. Arguably, some judicial rulings have created the impression that presumptive civilians under international humanitarian law become presumptive combatants under international criminal law. This need not be so, however. In case of doubt whether a victim was liable to attacks, in dubio pro reo does not require that he or she be considered an able-bodied, non-surrendering enemy combatant. It only requires that the victim be considered a civilian directly participating in hostilities, leaving the mandatory civilian presumption unaffected. International humanitarian law creates no mandatory presumption against direct participation in hostilities. Whereas combatants are duty-bound to treat a person with doubtful status as a civilian, they are not forbidden to treat a presumptive civilian with doubtful behaviour as a direct participant in hostilities. When reviewing the factual basis for combat decisions, judges must examine whether the relevant information was known or reasonably knowable to the decision-makers at the time. This necessitates a sound understanding of the realities of hostilities. Judges must avoid alienating reasonable and law-abiding combatants by holding them to unrealistic standards, such as a choice between self-sacrifice and criminal liability. Nor should judges risk undermining the legal protection of war victims by being unduly deferential to military commanders.
Legal Resources Information System for Information Agencies of Specialized Libraries  [PDF]
Phuc V. Nguyen
Computer Science , 2011,
Abstract: In recent years, the rapid development of information technology and communication has a strong impact to industry information - the library. The mission of the industry when in fact the great social place to see the library as knowledge management. Vietnam is in the process of building the rule of law socialist orientation and improves the legal system. So in the current development process, the law library plays an important role in the retention, dissemination and provision of legal information service of legislative, executive and judiciary, particularly especially research, teaching and learning of law school. But the response of the legal information library information agencies remains limited compared to the increasing demand of users.
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