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In: Law & society
Carlton Stowers presents a thrilling, fast-paced account of 17 true crime stories gleaned from the award-winning pages of The Dallas Observer. This chillingly compelling volume accounts famed events in history such as the ""Phantom Killer"" of the 1940s who haunted Texarkana, to more current terrors, recounting the crazed man who opened fire in Killeen's Luby's Cafeteria in 1991. Stowers probes deep into Texas' crime files to provide an exciting glimpse into some of the Lone Star State's most infamous events
This study investigates how three major criminal incidents that occur in Bangladesh are presented in the Daily Star (DS) — a mainstream English language print newspaper with the highest circulation in the country. By examining front page news reports, editorials and photographs portraying these three incidents, this study demonstrates that in cases where both the power elite and their collaborators are involved in criminal activities, the former receives a favorable coverage while the later working as aides to the elites, receives a 'criminal' image. In addition, by using the concept of media framing, this study provides evidence that the DS commercializes crime and criminals. In conclusion, this study also observes that this newspaper is not in a position to provide accurate information to their readers at all times due to suppression by the government that interrupts the journalistic practice of providing accurate information.
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In: Schriftenreihe zur Justizforschung Band 4
In: Oxford scholarship online
'Confirmation Bias in Criminal Cases' takes a multi-disciplinary approach to assessing confirmation bias among criminal justice practitioners, combining criminal law, psychology, criminology, medicine, and anthropology. The book analyses case studies from international jurisdictions and utilizes a research-based approach to confirmation bias.
In Minister of Safety and Security v Van der Merwe 2011 (2) SACR 301 (CC) at paras [36]-[37] the Constitutional Court identified a number of legislative safeguards to ameliorate the effect of searches and seizures on important constitutional rights. The court further laid down a number of prerequisites for a valid search warrant (at para [55]), as well as guidelines to be observed by a court considering the validity of the warrants (These safeguards and guidelines were referred to in P du Toit 'Recent cases: Criminal procedure' (2015) 28 SACJ 387 at 390-391). In Goqwana v Minister of Safety and Security 2016 (1) SACR 384 (SCA) the Supreme Court of Appeal dealt with the validity of a search warrant in the light of Van der Merwe supra and other case law. The appellant based his case on two main contentions, namely (i) that the search warrant contained insufficient particularity as to whom it was addressed; and (ii) that, ex facie the document, it did not specify the offence in connection with which the search was to be conducted, and therefore could not be 'reasonably intelligible' either to the searcher or person searched (at para [9]).
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The burdens and challenges of discovery—especially electronic discovery—are usually associated with civil, not criminal cases. This is beginning to change. Already common in white-collar crime cases, voluminous digital discovery is increasingly a feature of ordinary criminal prosecutions. This Article examines the explosive growth of digital evidence in criminal cases and the efforts to manage its challenges. It then advances three claims about criminal case discovery in the digital age. First, the volume, complexity, and cost of digital discovery will incentivize the prosecution and the defense to cooperate more closely in cases with significant amounts of electronically stored information (ESI). Second, cooperation between the parties will not be sufficient to address the serious challenges that digital discovery presents to the fair and accurate resolution of criminal cases. And third, for that reason, digital discovery in criminal cases needs to be regulated more closely. In crafting such regulation, courts and legislators can build on the civil procedure model, which has grappled with the challenges of electronic discovery for over two decades. The civil procedure experience suggests that cooperation between the parties, active judicial involvement, and more detailed rules are essential to the effective management of digital discovery. The civil litigation model has its limitations, however, and policymakers must chart new ground to address some of the unique demands of criminal cases. Recognizing the significant resource and bargaining disparities in criminal cases, judges need to limit certain negotiated waivers of discovery so as to prevent abuse. Where the interests of justice demand it, courts may also need to help defendants obtain access to digital discovery in detention or gather digital evidence from third parties. These and other measures can help ensure that the cost and complexity of digital discovery do not undermine the fairness and accuracy of criminal proceedings.
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In criminal prosecutions, both state and federal, closely negotiated agreements for immunity and lenient plea bargaining in return for co- operation have acquired considerable importance. These agreements are an ancient practice now wearing sophisticated modern dress. They may arise in complex white-collar crime cases, organized crime cases, narcotics prosecutions, and, from time to time, in other prominent major felony cases. They constitute a phenomenon that differs in important ways from the run-of-the-mill guilty pleas that characterize our metropolitan courts and recently have preoccupied students of the criminal system. Unlike the ordinary guilty plea, the suspect or defendant in co- operation agreements offers more than just a quick result that saves public resources; in this kind of case that limited consideration often would not be attractive enough to induce leniency since the government may be quite willing to spend time and money in prosecuting. In cooperation agreements the defendant trades information and testimony, with the promise of enabling the State' to make a case against other defendants who, for one reason or another, are regarded as most deserving of the severest form of prosecution.' Again, unlike the great run of guilty pleas, the deal made in more complex criminal cases cannot be sealed with a chat in the hall just before entering the courtroom. Compacts for cooperation may involve contested issues that must be negotiated, sometimes for months, and that eventually are embodied in letter agreements that range from the fairly straightforward to the extremely complicated. Most important, in these cases the State cannot speedily conclude the deal with a plea and a sentence and still protect its interests. The cooperator makes a set of promises and assumes potentially onerous and protracted obligations. These will at least include interviews and debriefings and may involve undercover action or observation and reporting back. The cooperator's obligations will probably continue into more ...
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In: International law reports, Band 51, S. 236-237
ISSN: 2633-707X
The individual in international law — Human rights and freedoms — European Convention for Protection of — Right to respect for private and family life (Article 8.1) — Right to remedy before national authority (Article 13) — Criminal identification records of acquitted persons — The law of Austria