Das ideias de Roland Barthes à teoria do enquadramento: análise de uma cobertura política

Pós-graduação em Comunicação - FAAC

Värdet bakom våldtäkten : En diskursanalys av fyra rättsfall

This paper seeks to explore how victims of crime and defendants are portrayed in sexual assault cases. Lately, more and more voices have been raised in appal against values demonstrated in court decisions and we’ve seen the implementation of a new sexual assault legislation in attempt to increase people’s sexual integrity. Yet, at the same time, there is still a tremendously low amount of reported sexual assaults that go to trial and even fewer result in conviction. This paper is not an attempt to scrutinize the legal system, but to draw attention to what values are portrayed in sexual assault cases. The purpose is to examine the court decisions under consideration to see if and what values are portrayed. My paper can in no way allow generalization; it is merely a small sample of reality. The data consists of four court decisions from Östersund’s Tingsrätt; two of them resulting in conviction and two of them in dismissal. The data was collected systematically and undergoes a discourse analysis; hence it is a qualitative study. The result of the analysis is that although somewhat subtle, the court decisions do indeed portray stereotypical gender roles, particularly regarding victims’ prior sexual history, women’s room to manoeuvre and their given life conditions

Under the Crimson Flag: Fahle Burman's Two Trips to the Michigan Supreme Court

Erick Fahle Burman. a Swedish-born, Finnish-speaking labor and political activist, twice had cases argued on his behalf before the Michigan Supreme Court. In People vs. Burman, Burman, along with nine other defendants, had his conviction affirmed by the court and all ten were forced to pay a fine of $25 each for disturbing the peace. In People vs. Immonen, Burman and his co-defendant, Unto Immonen, had their convictions overturned because of improper evidence being admitted in their lower court trial. Though the conviction was overturned, the two men had already spent several months as prisoners at hard labor in Marquette State Prison located in Michigan's Upper Peninsula. Over twenty-five years separate Burman's two trips to Michigan's high court. On the first occasion, his arrest came less than five years after his arrival as an immigrant to the U. S. On the second occasion, his arrest came less than two years after his return to the state after being away for nearly two decades. On both occasions, Burman was arrested for his involvement with red flags. Though separated by decades, these cases, taken together, are important indicators of the state of Finnish-American radicalism in the years surrounding the red flag incidents and provide interesting insights into the delicacies of political suppression. Examination of these cases within the larger career of Fahle Burman points up his overlooked importance in the history of Finnish-American socialism and communism.

Remember Not to Forget Furman: A Response to Professor Smith

Professor Robert J. Smith encourages readers, lawyers, and courts to forget Furman v. Georgia and to focus instead on death penalty challenges grounded in the diminished culpability of nearly all capital defendants. We applaud Professor Smith’s call to focus on the mental and emotional characteristics that reduce the blameworthiness of so many of those charged with capital crimes; recognizing diminished culpability as the rule rather than the exception among capital defendants conveys a reality that rarely finds its way into reported cases. We are troubled, however, by Professor Smith’s call to “forget Furman.” We believe the title and the article’s efforts to undermine Furman-based challenges disserve Professor Smith’s principal goal — addressing the United States’ broken death penalty system.

Disquieting Discretion: Race, Geography & the Colorado Death Penalty in the First Decade of the Twenty-First Century

This Article demonstrates through original statistical research that prosecutors in Colorado were more likely to seek the death penalty against minority defendants than against white defendants. Moreover, defendants in Colorado’s Eighteenth Judicial District were more likely to face a death prosecution than defendants elsewhere in the state. Our empirical analysis demonstrates that even when one controls for the differential rates at which different groups commit statutorily death-eligible murders, non-white defendants and defendants in the Eighteenth Judicial District were still more likely than others to face a death penalty prosecution. Even when the heinousness of the crime is accounted for, the race of the accused and the place of the crime are statistically significant predictors of whether prosecutors will seek the death penalty. We discuss the implications of this disparate impact on the constitutionality of Colorado’s death penalty regime, concluding that the Colorado statute does not meet the dictates of the Eighth Amendment to the Constitution.

Notebook of cases in the New York Supreme Court and Circuit Court, 1797-ca. 1802

Contains "court minutes" of the New York Supreme Court and Circuit Court, in short entries by an unknown judge, identifying cases, attorneys, plaintiffs and defendants, and the actions taken.

At a court of admiralty held at Boston ... the 22d day of 1704 was condemned the briggantine Charles whereof John Quelch was late commander ... , 1704

Attestation regarding the trial of Quelch and other defendants, who were convicted of piracy. Signed: John Valentine, registrar.

Commitments or prohibition? The EU antitrust dilemma. Bruegel Policy Brief 2014/01, 31 January 2014

The issue: Excluding cartels, most investigations into suspected infringements of European Union competition law are resolved with ‘commitment decisions’. The European Commission drops the case in exchange for a commitment from the company under investigation to implement measures to stop the presumed anti-competitive behaviour. Commitment decisions are considered speedier than formal sanctions (prohibition decisions) in restoring normal competitive market conditions. They have a cost, however: commitments are voluntary and are unlikely to be subject to judicial review. This reduces the European Commission’s incentive to build a robust case. Because commitment decisions do not establish any legal precedent, they provide for little guidance on the interpretation of the law. Policy challenge: The European Commission relies increasingly on commitment decisions. More transparency on the substance of allegations, and the establishment of a higher number of legal precedents, are however necessary. This applies in particular to cases that tackle antitrust issues in new areas, such as markets for digital goods, in which companies might find it difficult to assess if a certain behaviour constitutes a violation of competition rules. To ensure greater transparency and mitigate some of the drawbacks of commitment decisions, while retaining their main benefits, the full detail of the objections addressed by the European Commission to defendants should be published.

The UN General Assembly Resolution on Access to Legal Aid in Criminal Proceedings - an Example for Europe. IES Policy Brief Issue 2013/04 • May 2013

Summary. The EU’s attempts to adopt an EU-wide instrument on the right to access to legal aid in criminal proceedings have not been successful so far. The important issue was originally part of Measure C of the Roadmap for criminal procedural rights,1 but due to political difficulties legal aid was dropped from the agenda. However, on a different plane agreement was reached on this topic as the United Nations General Assembly (UNGA) has adopted the world’s first international instrument dedicated to access to legal aid in December 2012.2 This policy brief argues that the EU should carry on in the ‘spirit’ of these recent developments and adopt a directive providing suspects and defendants with access to legal aid. 1 Council Resolution of 30 November 2009 on a Roadmap for strengthening procedural rights of suspected or accused persons in criminal proceedings, OJ C 295/1, 4 December 2009; hereafter will be referred to this Council Resolution as the ‘Roadmap’; for further information see M. Jimeno-Bulnes, ‘The EU Roadmap for Strengthening Procedural Rights of Suspected or Accused Persons in Criminal Proceedings’, 4 EUCrim (2009), 157-161. 2 United Nations Principles and Guidelines on Access to Legal Aid in Criminal Justice Systems, A/Res/67/187, 20 December 2012; from here on will be referred to this as the ‘Resolution’.

Planning for court monitoring. Final report.

National Highway Traffic Safety Administration, Washington, D.C.

The statute law of Kentucky; with notes, prælections, and observations on the public acts. Comprehending also, the laws of Virginia and acts of Parliament in force in this commonwealth; the charter of Virginia, the federal and state constitutions, and so much of the King of England's proclamation in 1763, as relates to the titles to land in Kentucky. Together with a table of reference to the cases adjudicated in the Court of appeals ...

Imprint varies: v. 2-3, Frankfort, (Ken.) Printed for William Hunter, by Johnston & Pleasants. 1810-1811.--v. 4, Frankfort, (Ken.) Printed for William Hunter, by Robert Johnston. 1814.--v. 5, Frankfort, (Ken.) Printed for Butler & Wood. 1819.

1969 Report.

Cover title.

Procès des dix-neuf citoyens accusés de complot tendant à remplacer le gouvernement royal par la république contenant leurs défenses et celles de leurs avocats.

Defendants: Jules-Théophile Sambuc ... [et al.]

Attributional analysis of rumour denials

Politicians do it, corporations do it, and defendants in court do it. Many social encounters involve denials of rumours or accusations of wrongdoing. However, denials are not always effective. Sometimes, denials lead to an even more negative evaluation of the target of the rumour (in other words, the denial 'boomerangs'). We argue that this is more likely to happen in situations where people only hear the denial and are not aware of the rumour. Denial in the absence of a rumour leads to uncertainty about the reasons for the denial and the audience attributes the denial to internal reasons ('there must be something wrong about you') instead of external masons ('you are just responding to false rumours'). We conducted two studies comparing conditions involving denial in the presence of a rumour (rumour + denial) versus denial in the absence of a rumour (denial only). Study 1 found greater uncertainty about the reasons for denial and negative evaluation of the rumour target in denial-only condition, confirming the boomerang effect. Study 2 replicated the boomerang effect. Further, as predicted, the denial was attributed more to internal rather than external causes in the denial-only condition. Finally, mediation analysis revealed that attributions underlie the boomerang effect.

Making a difference:critical linguistic analysis in a legal context

One of the major problems for Critical Discourse Analysts is how to move on from their insightful critical analyses to successfully 'acting on the world in order to transform it'. This paper discusses, with detailed exemplification, some of the areas where linguists have moved beyond description to acting on and changing the world. Examples from three murder trials show how essential it is, in order to protect the rights of witnesses and defendants, to have audio records of significant interviews with police officers. The article moves on to discuss the potentially serious consequences of the many communicative problems inherent in legal/lay interaction and illustrates a few of the linguist-led improvements to important texts. Finally, the article turns to the problems of using linguistic data to try to determine the geographical origin of asylum seekers. The intention of the article is to act as a call to arms to linguists; it concludes with the observation that 'innumerable mountains remain for those with a critical linguistic perspective who would like to try to move one'. © 2011 John Benjamins Publishing Company.