Code of Criminal Procedure Rationale Behind the Code
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Access to Justice for Children: Mexico
ACCESS TO JUSTICE FOR CHILDREN: MEXICO This report was produced by White & Case LLP in November 2013 but may have been subsequently edited by Child Rights International Network (CRIN). CRIN takes full responsibility for any errors or inaccuracies in the report. I. What is the legal status of the Convention on the Rights of the Child (CRC)? A. What is the status of the CRC and other relevant ratified international instruments in the national legal system? The CRC was signed by Mexico on 26 January 1990, ratified on 21 November 1990, and published in the Federal Official Gazette (Diario Oficial de la Federación) on 25 January 1991. In addition to the CRC, Mexico has ratified the Optional Protocols relating to the involvement of children in armed conflict and the sale of children, child prostitution and child pornography. All treaties signed by the President of Mexico, with the approval of the Senate, are deemed to constitute the supreme law of Mexico, together with the Constitution and the laws of the Congress of the Union.1 The CRC is therefore part of national law and may serve as a legal basis in any proceedings before the national courts. It is also part of the supreme law of Mexico as a whole and must be implemented at federal level and in all the individual states.2 B. Does the CRC take precedence over national law The CRC has been interpreted to take precedence over national laws, but not the Constitution. According to doctrinal thesis LXXVII/99 of November 1999, international treaties are ranked second immediately after the Constitution and ahead of federal and local laws.3 On several occasions, Mexico’s Supreme Court has stated that international treaties take precedence over national law, mainly in the case of human rights.4 C. -
Introduction to Law and Legal Reasoning Law Is
CHAPTER 1: INTRODUCTION TO LAW AND LEGAL REASONING LAW IS "MAN MADE" IT CHANGES OVER TIME TO ACCOMMODATE SOCIETY'S NEEDS LAW IS MADE BY LEGISLATURE LAW IS INTERPRETED BY COURTS TO DETERMINE 1)WHETHER IT IS "CONSTITUTIONAL" 2)WHO IS RIGHT OR WRONG THERE IS A PROCESS WHICH MUST BE FOLLOWED (CALLED "PROCEDURAL LAW") I. Thomas Jefferson: "The study of the law qualifies a man to be useful to himself, to his neighbors, and to the public." II. Ask Several Students to give their definition of "Law." A. Even after years and thousands of dollars, "LAW" still is not easy to define B. What does law Consist of ? Law consists of enforceable rule governing relationships among individuals and between individuals and their society. 1. Students Need to Understand. a. The law is a set of general ideas b. When these general ideas are applied, a judge cannot fit a case to suit a rule; he must fit (or find) a rule to suit the unique case at hand. c. The judge must also supply legitimate reasons for his decisions. C. So, How was the Law Created. The law considered in this text are "man made" law. This law can (and will) change over time in response to the changes and needs of society. D. Example. Grandma, who is 87 years old, walks into a pawn shop. She wants to sell her ring that has been in the family for 200 years. Grandma asks the dealer, "how much will you give me for this ring." The dealer, in good faith, tells Grandma he doesn't know what kind of metal is in the ring, but he will give her $150. -
Crimes and Criminal Procedure—Appeals Of
Crimes and Criminal Procedure—Appeals of Municipal Court and District Magistrate Judgments; Search Warrants; Reporting of Pornographic Materials Seized or Documented as Evidence; Sub. for HB 2017 Sub. for HB 2017 amends provisions of the Kansas Code of Criminal Procedure concerning appeals of municipal court and district magistrate judgments, search warrants, and reporting of pornographic materials seized or documented as evidence. Municipal Court and District Magistrate Judgments The bill amends the law concerning appeals to the district court of municipal court judgments and judgments of a district magistrate judge to provide that these appeals can be filed only after the sentence has been imposed. Further, the bill provides no appeal can be taken more than 14 days after the sentence is imposed. Search Warrants Previously, all search warrants were required to be supported by facts sufficient to show probable cause that a crime has been or is being committed. The bill allows for a warrant to be issued based on probable cause that a crime is about to be committed and makes other technical amendments applicable to all search warrants. Further, the bill adds language specific to search warrants for tracking devices, allowing a magistrate to issue a search warrant for the installation, maintenance, and use of a tracking device. The warrant authorizes use of the device to track and collect tracking data relating to a person or property for a specified time period, but no more than 30 days from installation. The bill defines “tracking device” and “tracking data.” For good cause shown, the warrant can authorize retrieval of tracking data recorded during the specified time period within a reasonable time after the warrant expires, and the magistrate can authorize one or more extensions of the warrant of no more than 30 days each. -
Criminal Procedure Code of the Republic of Armenia
(not official copy) CRIMINAL PROCEDURE CODE OF THE REPUBLIC OF ARMENIA GENERAL PART Section One : GENERAL PROVISIONS CHAPTER 1. LEGISLATION ON CRIMINAL PROCEDURE Article 1. Legislation Governing Criminal Proceedings Article 2. Objectives of the Criminal-Procedure Legislation Article 3. Territory of Effect of the Criminal-procedure Law Article 4. Effect of the Criminal-Procedure Law in the Course of Time Article 5. Peculiarities in the Effect of the Criminal-Procedure Law Article 6. Definitions of the Basic Notions Used in the Criminal-procedure Code CHAPTER 2. PRINCIPLES OF CRIMINAL PROCEEDINGS Article 7. Legitimacy Article 8. Equality of All Before the Law Article 9. Respect for the Rights, Freedoms and Dignity of an Individual Article 10. Ensuring the Right to Legal Assistance Article 11. Immunity of Person Article 12. Immunity of Residence Article 13. Security of Property Article 14. Confidentiality of Correspondence, Telephone Conversations, Mail, Telegraph and Other Communications Article 15. Language of Criminal Proceedings Article 16. Public Trial Article 17. Fair Trial Article 18. Presumption of Innocence Article 19. The Right to Defense of the Suspect and the Accused and Guarantees for this Right Article 20. Privilege Against Self-Incrimination (not official copy) Article 21. Inadmissibility of Repeated Conviction and Criminal Prosecution for the Same Crime Article 22. Rehabilitation of the Rights of the Persons who suffered from Judicial Mistakes Article 23. Adversarial System of Criminal Proceedings Article 24. Administration of Justice Exclusively by the Court Article 25. Independent Assessment of Evidence CHAPTER 3. CONDUCT OF CRIMINAL CASE Article 26. Conduct of Criminal Case Article 27. The Obligation to institute a criminal case and resolution of the crime Article 28. -
Judging As Judgment: Tying Judicial Education to Adjudication Theory
Journal of Dispute Resolution Volume 2015 Issue 1 Article 8 2015 Judging as Judgment: Tying Judicial Education to Adjudication Theory Robert G. Bone Follow this and additional works at: https://scholarship.law.missouri.edu/jdr Part of the Dispute Resolution and Arbitration Commons, and the Judges Commons Recommended Citation Robert G. Bone, Judging as Judgment: Tying Judicial Education to Adjudication Theory, 2015 J. Disp. Resol. (2015) Available at: https://scholarship.law.missouri.edu/jdr/vol2015/iss1/8 This Conference is brought to you for free and open access by the Law Journals at University of Missouri School of Law Scholarship Repository. It has been accepted for inclusion in Journal of Dispute Resolution by an authorized editor of University of Missouri School of Law Scholarship Repository. For more information, please contact [email protected]. Bone: Judging as Judgment: Tying Judicial Education to Adjudication The Judging as Judgment: Tying Judicial Education to Adjudication Theory ROBERT G. BONE* INTRODUCTION The thesis of this Article, simply stated, is that judicial education makes sense only against the backdrop of general ideas and beliefs about law, courts, and adju- dication. These ideas and beliefs motivate a focus on educating judges and help guide more specific pedagogical choices. I explore this broad thesis from both a historical and a normative perspective.1 Historically, I argue that interest in judi- cial education caught fire in the 1960s in large part because of prevailing beliefs about law and the proper function of courts. Normatively, I argue that the connec- tion between judicial education and normative views of courts and adjudication continues to be important today, although in a different way. -
Chapter 4 Pre-Trial Criminal Procedure
CHAPTER 4 PRE-TRIAL CRIMINAL PROCEDURE I. INTRODUCTION Japan is a unitary state, and the same criminal procedure applies throughout the nation. The Code of Criminal Procedure of 1948 (hereinafter CCP), the Act on Criminal Trials Examined under the Lay Judge System, and the Rules of Criminal Procedure of 1949 are the principal sources of law. II. CONSTITUTIONAL SAFEGUARDS The Constitution of Japan has an extensive list of constitutional guarantees that relate to the criminal process. Article 31 provides that “no person shall be deprived of life, or liberty, nor shall any other criminal penalty be imposed, except according to procedure established by law,” while Article 33 states that “no person shall be apprehended except upon warrant issued by a competent judicial officer which specifies the offence with which the person is charged, unless he is apprehended, the offence being committed.” Further, as prescribed in Article 34, “no person shall be arrested or detained without being at once informed of the charges against him or without the immediate privilege of counsel; nor shall he be detained without adequate cause; and upon demand of any person such cause must be immediately shown in open court in his presence and the presence of his counsel.” Article 35 provides for the protection of one’s residence and property, stating “the right of all persons to be secure in their homes, papers and effects against entries, searches and seizures shall not be impaired except upon warrant issued for adequate cause and particularly describing the place -
Federal Rule of Criminal Procedure 41(G) Provides: Motion to Return Property. a Person Aggrieved by an Unlawful Search and Seizu
Case 2:05-mc-00110-RK Document 54 Filed 08/20/08 Page 1 of 15 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA JOSE LUIS AREVALO : MISCELLANEOUS : vs. : : UNITED STATES OF AMERICA : NO. 05-110 MEMORANDUM ROBERT F. KELLY, Sr. J. AUGUST 20, 2008 Presently before this Court is Plaintiff, Jose Luis Arevalo’s (Arevalo) pro se Motion for Summary Judgment filed in connection with his previous pro se Motion for Return of Seized Property Pursuant to Federal Rule of Criminal Procedure 41(g).1 For the reasons stated below, this Motion is denied. I. FACTS On July 13, 1999, in connection with an investigation of a large scale marijuana distribution and money laundering operation, U.S. Customs Service Agents in Philadelphia, Pennsylvania, seized the property of several individuals including Arevalo and two other men by the names of John Dugery and George Early. The agents seized from George Early $459,370 in United States currency together with other personal property, and published notice of its seizure 1Federal Rule of Criminal Procedure 41(g) provides: Motion to Return Property. A person aggrieved by an unlawful search and seizure of property or by deprivation of property may move for the property’s return. The motion must be filed in the district where the property was seized. The court must receive evidence on any factual issue necessary to decided the motion. If it grants the motion, the court must return the property to the movant, but may impose reasonable conditions to protect access to the property and its use in later proceedings. -
Due Process of Law and Natural Justice
Due Process of Law and Natural Justice Chhavi Agarwal* "The principles of natural justice are easy to proclaim but their precise extent is far less easy to define" Evershed M R Introduction to Natural School : Natural School of Law deals with norms which are higher and which is involved in search of absolute justice. It is the touchstone of all activities and the ruled as well as the ruler is bound by it. It can be divided into two parts : - Natural law is higher law, which renders inconsistent laws invalid. If the law is contrary to natural law, it becomes ultra vires. Law in ancient and medieval period was prevalent in this sense. - Natural law is an ideal and without affecting the constitutionality the law has to conform to its principles. In absence of such principles peace and happiness cannot be established in the society. Natural law is the dictate of the reason. It contains transcendental and immutable principles to which the system has to confirm. Cicero pointed this out that law is just and reasonable. It contains in itself 3 things - The human inclination towards goal and every element, which protects itself and therefore it, includes all elements necessary for protection of human life and it discards all rules, which are against the same. - Like other animals, men have certain desires and object in life. Natural law includes rules pertaining to instincts. - Due to its rationale nature it has inclination towards what is good and bad. According to Diaz, Natural law has been used in 5 ways : - as an ideal which directs the development of law - It contains rules of morality, which does not allow permanent separation between law as it and law as it ought to be. -
Due Process and Errors of State Procedural Law
Washington University Law Review Volume 63 Issue 1 1985 Playing by the Rules: Due Process and Errors of State Procedural Law Martha I. Morgan University of Alabama School of Law Follow this and additional works at: https://openscholarship.wustl.edu/law_lawreview Part of the Law Commons Recommended Citation Martha I. Morgan, Playing by the Rules: Due Process and Errors of State Procedural Law, 63 WASH. U. L. Q. 1 (1985). Available at: https://openscholarship.wustl.edu/law_lawreview/vol63/iss1/2 This Article is brought to you for free and open access by the Law School at Washington University Open Scholarship. It has been accepted for inclusion in Washington University Law Review by an authorized administrator of Washington University Open Scholarship. For more information, please contact [email protected]. Washington University Law Quarterly VOLUME 63 NUMBER 1 1985 PLAYING BY THE RULES: DUE PROCESS AND ERRORS OF STATE PROCEDURAL LAW MARTHA I. MORGAN* The Supreme Court has generally been unreceptive to claims that vio- lations of state law constitute federal constitutional violations. Rather, the Court has repeatedly stated that "a 'mere error of state law' is not a denial of due process." 1 Specifically, the Court has failed to acknowledge that due process requires compliance with duly established state proce- dural safeguards before government may deprive a person of life, liberty, or property. A striking example of the Court's failure to elevate violations of estab- lished state procedural safeguards to a violation of due process is found in Barclay v. Florida.2 In Barclay, the Court upheld a death sentence admittedly imposed in violation of state law.3 The state trial judge had * Associate Professor of Law, University of Alabama. -
The EU Concept of the Rule of Law and the Procedures De Lege Lata and De Lege Ferenda for Its Protection
ICLR, 2019, Vol. 19, No. 2. The EU Concept of the Rule of Law and the Procedures de lege lata and de lege ferenda for its Protection Naděžda Šišková Jean Monnet Centre of Excellence in EU Law, Faculty of Law, Palacky University, Czech Republic [email protected] ŠIŠKOVÁ, Naděžda. The EU Concept of the Rule of Law and the Procedures de lege lata and de lege ferenda for its Protection. International and Comparative Law Review, 2019, vol. 19, no. 2, pp. 116–130. DOI: 10.2478/iclr-2019-0017. Summary: The article is dealing with the EU current and future intruments for the protection of the rule of law principles at the level of the European Union. The begin- ning is dedicated to the EU concept of the rule of law as an integral part of the Common European values and its significant for the smooth functioning of the area of freedom, security and justice. The substantial part of the study is focusing of the analysis of differ- ent procedures (infringement, political and administrative), which can be used for the protection of the rule of law principles, including highlighting their certain peculiarities and the limits. The end of the article contains the conclusions about future prospects. Keywords: Common European values, rule of law principles, infringement procedure (art. 258 TFEU), political procedure (art. 7 TEU), new framework for strengthen the rule of law, European Court of the EU 1 Introductory remarks The European Union‘s concept of the rule of law occupies a central and a key position among the common European values (Art. -
California Federal Procedural Contrast: a Proposal
CA. FED. PROCEDURAL CONTRAST: A PROPOSAL 1301 Cite as 327 F.R.D. 1301 CALIFORNIA FEDERAL PROCEDURAL CONTRAST: A PROPOSAL By WILLIAM R. SLOMANSON The views expressed are those of the author and do not necessarily reflect the views of the publisher. 1302 327 FEDERAL RULES DECISIONS California-Federal Procedural Contrast: A Proposal William R. Slomanson1 Abstract. The American legal landscape is strewn with procedural reform efforts. There have been innumerable revisions to the FRCP, and to the nation’s state procedural rules, in the eighty years since promulgation of the FRCP. The resulting procedural diversity has been both valued and vilified. Various critics have disavowed the efficacy of procedural reform efforts. They have identified inherent anti-uniformity factors that should be embraced. A consequence of the above patchwork of historical imitations and amendments is the countless procedural differences between state and federal courts across the nation. Most practicing lawyers and judges are far too busy to focus on reforming the system where they have learned to function. There is precious little time to devote to individual consideration of whether another judicial system offers a better solution to the practice at hand. On their behalf, there are numerous state and federal entities–perhaps no more so than in California–that propose intra-system or single-subject changes from time to time. But there is no ‘‘go to’’ institution with the resources to routinely canvass differences between state and federal procedure within each state. There is no evolving national database that tracks this genre of state and federal variances. This article proposes a grass roots approach that would initiate and sustain more informed procedural reform. -
Reconsidering Criminal Procedure: Teaching the Law of the Police
Saint Louis University Law Journal Volume 60 Number 3 Teaching Criminal Procedure (Spring Article 4 2016) 2016 Reconsidering Criminal Procedure: Teaching the Law of the Police Rachel Harmon University of Virginia School of Law, [email protected] Follow this and additional works at: https://scholarship.law.slu.edu/lj Part of the Law Commons Recommended Citation Rachel Harmon, Reconsidering Criminal Procedure: Teaching the Law of the Police, 60 St. Louis U. L.J. (2016). Available at: https://scholarship.law.slu.edu/lj/vol60/iss3/4 This Article is brought to you for free and open access by Scholarship Commons. It has been accepted for inclusion in Saint Louis University Law Journal by an authorized editor of Scholarship Commons. For more information, please contact Susie Lee. SAINT LOUIS UNIVERSITY SCHOOL OF LAW RECONSIDERING CRIMINAL PROCEDURE: TEACHING THE LAW OF THE POLICE RACHEL HARMON* Around the country, few legal topics seem more relevant than how to govern the police. Videos of police violence and claims of misconduct pop up on the Internet and then in the news, and debates ensue. Was the conduct legitimate? Should the officers involved be prosecuted, sued, or fired? How can we ensure this never happens again? And so on. Yet graduates from American law schools are almost entirely unprepared to participate in these discussions. They leave law school knowing next to nothing about the myriad legal rules that govern policing, the ways police can be encouraged to comply with those rules, or what legal solutions fit which problems. Worse yet, they are unaware of their ignorance. Instead, they are led to believe that courses in criminal procedure enable them to understand policing and its regulation.