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1 |
Live witnesses in Chinese criminal courts: Obstacles and reforms
شاهدان زنده در دادگاه های کیفری چین: موانع و اصلاحات-2020 China has adopted a series of reforms to encourage witnesses to testify in court in amending its
Criminal Procedure Law (CPL) in 2012. However, empirical surveys have revealed that these and
subsequent reforms have failed to enhance the rate of witness appearances in criminal trials. This
article provides an overview of the history of Chinese criminal procedure law addressing live
witness issues in Part I. Part II analyzes the reasons that the reforms have been unsuccessful,
suggesting that they were overly focused on witnesss motivations and missed institutional resistance
to live testimony. Since police officers were not required by law to testify in court until
2010, and police are considered a special subgroup of witness in China, police witnesses are
examined separately in Part III. In Part IV, recommendations for further reform are put forward
to remedy past failures. Keywords: Live witnesses | Trial as the center | Cross-examination | Hearsay rule |
مقاله انگلیسی |
2 |
Accepting the political face of international criminal justice
پذیرش چهره سیاسی عدالت کیفری بین المللی-2019 The emergence of international criminal justice in general and of the modern international criminal courts in particular (the
International Tribunal for the former Yugoslavia — ICTY, for Rwanda — ICTR and the permanent International Criminal Court —
ICC) has been a matter of mixed reception by the academic and policy communities. After years of initial enthusiasm in the academic
world and among international human rights campaigners about the creation and functioning of international criminal tribunals, the
atmosphere has transformed into one of disappointment, blunt criticism and often open rejection. Over the past decade it has been
difficult to find academic articles and books which are affirmative about the tribunals’ trial record, about the fairness of their
proceedings, or their contribution to the fight against impunity. Instead, a vast and devastating literature appears to have emerged,
which can be divided into four different, critical strands. |
مقاله انگلیسی |
3 |
The ideal minority victim – Roma in Swedish criminal courts
قربانی اقلیت ایده آل - Roma در دادگاه های جنایی سوئدی-2019 Nils Christie famously drew up criteria needed to be fulfilled in order to be recognized as an ideal
victim. Concerning victims from a minority population, I will argue, additional criteria are
needed in order to achieve recognition as an ideal victim. This study will point to these criteria by
scrutinizing the ways in which victims from Roma communities are framed by the Swedish
criminal justice system. Based on a narrative analysis of court documents, and by drawing on
postcolonial theory, the findings in this article indicate that a minority victim must be understood
culturally as one of ‘us’ – being ‘culture-free’ – in order to fit into the framework of an ideal
victim. As such, this is an attempt to develop tools than can help us grasp the understanding of,
and approaches to, minority victims in the criminal justice system, by adding a postcolonial
theoretical perspective to the classic work of Christie Keywords: Criminal courts | Ideal victim | Minority victim | Legal narratives | Postcolonial theory | Roma |
مقاله انگلیسی |
4 |
No Soldier Left Behind: The Veterans Court Solution
هیچ سرباز سمت چپ پشت نیست: راه حل جانبازان دادگاه-2016 This paper concerns one of the newer iterations of problem-solving courts: veterans treatment courts. We trace
the history of problem solving court implementation and explore the functioning of an established veterans
court. The focus of this exploratory, qualitative study is the courthouse workgroup and their interactions both
within the veterans court and with more traditional criminal courts and criminal justice agencies. We summarize
the literature on problem solving courts and the experience, insights and suggestions of the members of the court
we examined.
Keywords: Problem solving courts | Veterans treatment courts | Therapeutic jurisprudence |
مقاله انگلیسی |
5 |
From symbolic surge to closing courts: The transformation of international criminal justice and its professional practices
از افزایش نیروهای نمادین به دادگاه اختتامیه: تحول عدالت کیفری بین المللی و شیوه های حرفه ای آن-2015 The creation of the International Criminal Tribunal for the former Yugoslavia (ICTY) in 1993 began a
striking proliferation of international criminal tribunals. Now, however, in the wake of this phase of international institution building that followed from the surge of symbolic support for an emergent legal
field, international criminal justice is characterized by closing courts and a declining number of professional positions. Developing a framework inspired by structural sociology, this article will analyze the
professional practices of the agents that created this field and are now affected by the closure of the courts.
These practices constitute a professional response to larger geopolitical transformations in which international criminal justice is no longer politically in vogue. As the article will show, geopolitical structures
alone are not wholly definitive for developments of international law: professional agency is actively
reshaping the field of international criminal justice.
Keywords: Sociology of law; International criminal law; International criminal justice; International criminal courts |
مقاله انگلیسی |