89 resultados para Defendants


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This study compares interpreter-mediated face-to-face Magistrates Court hearings with those conducted through prison video link in which interpreters are located in court and non- English-speaking defendants in prison. It seeks to examine the impact that the presence of video link has on court actors in terms of interaction and behaviour. The data comprises 11 audio-recordings of face-to-face hearings, 10 recordings of prison video link hearings, semistructured interviews with 27 court actors, and ethnographic observation of hearings as viewed by defendants in Wormwood Scrubs prison in London. The over-arching theme is the pervasive influence of the ecology of the courtroom upon all court actors in interpretermediated hearings and thus on the communication process. Close analysis of the court transcripts shows that their relative proximity to one another can be a determinant of status, interpreting role, mode and volume. The very few legal protocols which apply to interpretermediated cases (acknowledging and ratifying the interpreter, for example), are often forgotten or dispensed with. Court interpreters lack proper training in the specific challenges of court interpreting, whether they are co-present with the defendant or not. Other court actors often misunderstand the interpreter’s role. This has probably come about because courts have adjusted their perceptions of what they think interpreters are supposed to do based on their own experiences of working with them, and have gradually come to accept poor practice (the inability to perform simultaneous interpreting, for example) as the norm. In video link courts, mismatches of sound and image due to court clerks’ failure to adequately track current speakers, poor image and sound quality and the fact that non-English-speaking defendants in pre-and post-court consultations can see and hear interpreters but not their defence advocates are just some of the additional layers of disadvantage and confusion already suffered by non- English-speaking defendants. These factors make it less likely that justice will be done.

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The question of how far and in what way to extend protection to witnesses in trials has manifested itself in institutions as diverse as the European Court of Human Rights (ECHR), the Committee of the International Covenant on Civil and Political Rights (ICCPR), the ad hoc criminal tribunals (International Criminal Tribunal for the former Yugoslavia, International Criminal Tribunal for Rwanda, the Special Court for Sierra Leone), and most recently the International Criminal Court (ICC). This is not surprising; as David Lusty has pointed out in his seminal analysis of the use of anonymous accusers, the question has arisen in almost every legal deliberative body for the past two thousand years.

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The present study locates the challenges faced by defendants during cooperation proceedings in the context of the unique structural system of the Court, and the inherent tensions and limitations that characterize the ICC’s functioning. The study is divided into two parts. The first part sets out the institutional and jurisdictional context in which cooperation plays out at the ICC. Chapter 2 addresses the ICC dependence on cooperation from an institutional, a political and a normative dimension, showing that compliance with requests for cooperation is ultimately tied to State political willingness and international political pressure; Chapter 3 delves into the connection between cooperation and the complementary jurisdiction of the Court, criticising the ‘positive approach’ to complementarity endorsed by the Prosecutor in order to enhance states cooperation. The second part of the study addresses the impact that cooperation occurring in the above-explained context has on the right to liberty of defendants and on equality of arms. Chapter 4 and 5 analyse the ICC’s law protecting the selected rights, as well as the practice regarding allegations of violations of these rights brought forward by some defendants. It concludes that, so far, the organs of the Court (i.e., the Prosecutor and the judges) have failed to engage with the structural tensions and limitations of the Court with a view of protecting the rights of suspects and accused.

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Research investigating the role of stereotypes in jury decision-making has typically considered stereotypes as acting as peripheral cues in determin ing the credibility of experts or likelihood of guilt of defendants — with counter-stereotypic courtroom participants faring less well. The present study investigated the possibility that the extent to which courtroom participants are stereotypic can alter the mode of information processing. Students (N = 78) read a transcript of a case in which either a male or female allegedly committed an armed robbery. As predicted, the female counter-stereotypic defendant was distracting and effortful processing only occurred when the defendant was male. The male was seen as more guilty and the prosecution's case was more convincing when the prosecution had a strong, but not weak, case. There were no effects of case strength for the female defendant. Results are discussed in terms of the role of stereotypes in the jury decision-making.

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The Commonwealth Government's Principles Based Review of the Law of Negligence recently recommended reforms aimed at limiting liability and damages arising from personal injury and death, in response to the growing perception that the current system of compensating personal injury had become financially unsustainable. Recent increases in medical liability and damages have eroded the confidence of doctors and their professional bodies, with fears of unprecedented desertion from and reduced recruitment into high risk areas, and one of the primary foci of the review concerned medical negligence. The article analyses proposals to redefine the principles necessary for the finding of negligence, against the terms of reference of the review. The article assumes that for the foreseeable future, Australia will persist with tort-based compensation for personal injury rather than developing a no-fault scheme. If the suggested changes to the fundamental principles of negligence are unlikely to reduce medical liability, greater attention might be given to the processes which come into play after the finding of negligence, where reform is more likely to benefit both plaintiffs and defendants.