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17,337
result(s) for
"Legal process"
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Facial Trustworthiness Predicts Extreme Criminal-Sentencing Outcomes
2015
Untrustworthy faces incur negative judgments across numerous domains. Existing work in this area has focused on situations in which the target's trustworthiness is relevant to the judgment (e.g., criminal verdicts and economic games). Yet in the present studies, we found that people also overgeneralized trustworthiness in criminal-sentencing decisions when trustworthiness should not be judicially relevant, and they did so even for the most extreme sentencing decision: condemning someone to death. In Study 1, we found that perceptions of untrustworthiness predicted death sentences (vs. life sentences) for convicted murderers in Florida (N = 742). Moreover, in Study 2, we found that the link between trustworthiness and the death sentence occurred even when participants viewed innocent people who had been exonerated after originally being sentenced to death. These results highlight the power of facial appearance to prejudice perceivers and affect life outcomes even to the point of execution, which suggests an alarming bias in the criminal-justice system.
Journal Article
Notarial Management and Technology: Evaluation of Legal Certainty in Intestate Succession Procedures in Peru
by
Salazar, Carlos Alberto Hinojosa
,
Navarro, Tania Magali Rimapa
,
Cruz, Liliana Del Carmen Suárez Santa
2024
Purpose: The central purpose of the research is to explore and determine how the intestate succession process influences legal security in Peruvian notaries' offices. Although the theoretical framework is not explicitly stated, it can be inferred that it focuses on notarial management, legality, and legal security, as well as the intersection of technology and data science with law. Theoretical framework: The importance of notarial management, legality and legal certainty in intestate succession proceedings is mentioned, as well as the relevance of technology and data science in the legal field. Design / methodology / approach: In terms of design and methodology, the research is applied and has been carried out through a non-experimental design, specifically cross-sectional, descriptive, and correlational. A total of 30 lawyers have been surveyed, exploring the variables intestate succession process and legal certainty. Results: The results indicate that both variables are regular, with 63% each, and a strong positive correlation between them was identified, with a Spearman's Rho of 81.5% and a p-value of 0.001, which allows us to accept the alternative hypothesis. Research, practical and social implications: From a practical and social perspective, the research underlines the critical importance of meticulous and efficient notarial management, which not only protects clients' rights, but also ensures fair redress in case of inconvenience, weaving a blanket of legal security around all parties involved. We envision a future in which technology and data science intertwine with law, creating predictive models and automated systems that optimize notarial processes and anticipate potential problems in probate proceedings. Originality / value: In terms of originality and value, the research stands out not only for illuminating the correlation between intestate succession procedures and legal certainty, but also for highlighting the need for meticulous and efficient notarial management. Moreover, it opens a window to a horizon where technology and data science merge with law, and where academia becomes a melting pot for future legal professionals, linking academic knowledge with society through didactic material and online learning platforms, illuminating the nooks and crannies of probate law and empowering the public.
Journal Article
The significance of the forensic clinical examination on the judicial assessment of rape complaints – developments and trends
by
Kjærulff, Mette Louise B.G.
,
Bonde, Ulla
,
Astrup, Birgitte Schmidt
in
Alcohol
,
alcohol drinking
,
Alcoholic beverages
2019
•The Prosecution Service found a forensic exam of the victim important for the legal process in 49% of cases of sexual assault.•A forensic examination of the perpetrator is associated with laying of charges and a guilty verdict.•The prosecution was more often aided by the forensic exam in cases of ‘conflicting explanations’, uncooperative victim or perpetrator denial.•The prosecution services’ use of a forensic exam of victim and perpetrator has been more frequent in recent years.
The aim of this study was to investigate the role of the forensic clinical examination in the judicial assessment made by the Prosecution Service in cases of rape.
All cases of police-reported sexual assault in the county of Funen, Denmark in a six-year period were reviewed, and the retrospective data was collected. Cases in which a forensic clinical examination was performed were included.
The Prosecution Service in the county of Funen received 348 police-reported rape cases and of these 184 cases were included. The Prosecution Service stated that the forensic clinical examination (FCE) was important for the decision-making process in approximately half of the cases. The Prosecution Service finding an FCE important due to the presence of relevant findings was significantly associated with the case going to trial, whereas importance due to absence of relevant findings was significantly associated with the cases not going to trial. The only single factor associated with a case going to court and a guilty verdict was an FCE of the alleged perpetrator. There were no crude associations between any other factors i.e. the type of assault, victim injuries or alcohol consumption. In a logistic regression model, however, it was significantly more likely (p < 0.05) that a forensic clinical examination of the victim was used in the Prosecution Service’s decision if there were both anogenital and extra-genital injuries documented, that could originate from the alleged crime. The odds were 7.83 times higher compared to if no injuries were detected. The Prosecution Service’s use of the clinical examination in their argumentation of the decision of a rape complaint has been significantly increasing from 2003 to 2015.
The results of the first in-depth analysis of the overall importance of a forensic clinical examination in cases of rape and sexual assault shows that we need to continuously focus on the documentation of sexual assault, as documentation is part of the decision-making process at all stages of the judicial process.
Journal Article
The Interactive Effect of Anger and Disgust on Moral Outrage and Judgments
2013
The two studies reported here demonstrated that a combination of anger and disgust predicts moral outrage. In Study 1, anger toward moral transgressions (sexual assault, funeral picketing) predicted moral outrage only when it co-occurred with at least moderate disgust, and disgust predicted moral outrage only when it co-occurred with at least moderate anger. In Study 2, a mock-jury paradigm that included emotionally disturbing photographs of a murder victim revealed that, compared to anger, disgust was a more consistent predictor of moral outrage (i.e., it predicted moral outrage at all levels of anger). Furthermore, moral outrage mediated the effect of participants' anger on their confidence in a guilty verdict—but only when anger co-occurred with at least a moderate level of disgust—whereas moral outrage mediated the effect of participants' disgust on their verdict confidence at all levels of anger. The interactive effect of anger and disgust has important implications for theoretical explanations of moral outrage, moral judgments in general, and legal decision making.
Journal Article
Internalizing the Polluter Pays Principle in Indonesia’s Carbon Tax: Legal and Regulatory Implications
by
Subhan, Muhammad
,
Putranti, Ika Riswanti
,
Putri, Ferbyani Gunawan
in
Carbon
,
Climate change
,
Emissions control
2025
The implementation of carbon tax in Indonesia in Law Number 7 of 2021 is a significant step for the internalization of the Polluter Pays Principle (PPP). This norm is part of the mitigation steps in climate change. This study uses a qualitative study method with a transnational legal process to understand how international environmental norms are internalized into the domestic regulatory regime. Although the implementation of the carbon tax has been carried out, the realization of PPP is still nascent and has not developed substantially. The main findings in this study are that there are obstacles including inappropriate legal definitions, inadequate enforcement architecture, and the absence of strong financial safeguards to ensure that tax revenues are allocated effectively to climate-related expenditures. These barriers significantly weaken the policy capacity to reduce emissions or drive progress in the green economy. Therefore, this study argues that without improved institutional readiness, policy harmonization, fiscal integration, carbon taxes and PPPs are merely substantive declarations of Indonesia’s commitment to the global climate regime.
Journal Article
Shaping Administrative Activity (Legal Forms): A Legislative Approach
by
Hrubešová, Sára
in
administrative procedural rules, Constitutional Court, good administration, legislature, legislative process, legal forms of public administration
2024
Purpose: The topic of legal forms in public administration is strongly influenced by the principles of good administration. In the Czech legal order, the Parliament acts as the rule-maker of statutory foundations for public administration, making it crucial to focus on the legislative approach to enacting legal forms. This paper examines the weaknesses in legislation related to the enactment of legal forms of public administration, specifically through the principles of legal certainty and predictability of law.Design/Methodology/Approach: The author analyses Czech legal norms, existing legal doctrine, and administrative court’s rulings in relation to the legislative enactment of legal forms of public administration. This analysis leads to categorisation of legislative techniques based on the clarity with which the legal form of public administration activity is enacted. The paper also includes a case study consisting of a qualitative analysis of the legislative process in a specific case, based on publicly available records of parliamentary debates during the legislative process.Findings: In the case under review, there was no proper discussion of the implications of removing the explicit designation of legal form during the legislative process. No case has been found in which the Constitutional Court, acting as a negative legislator, annulled a statute for failing to explicitly specify a legal form, either due to its removal or its absence from the outset.Academic contribution to the field: The article highlights that, for the public administration to function effectively as good administration, the rules governing its activities must be clearly defined. The findings encourage legislators to ensure that proper discussions regarding the legal form of administrative activity take place when enacting laws. Such expert debate during the legislative process is essential to ensuring the clarity of the laws under which public administration operates in a particular legal form. Circumventing the legislative process or failing to engage in proper debate disproportionately impacts legal certainty and the predictability of law.Originality/Value: This article presents arguments emphasising the irrefutable role of the legislature in creating clear rules for the exercise of public administration and, as a direct result, enabling public administration to function as good administration. It points out the importance of clearly referencing the legal form of public administration in the law. The categorisation of legal form designation aids in identifying patterns and trends, helping to isolate relevant issues and focusing research on specific legal questions. Namen: Na pravne oblike v javni upravi močno vplivajo načela dobre uprave. Po češki zakonodaji je parlament tisti, ki oblikuje zakonske podlage za delovanje javne uprave, zato je nujno posvetiti pozornost zakonodajnemu pristopu k uzakonjanju s tem povezanih pravnih oblik. Prispevek obravnava pomanjkljivosti zakonodaje, povezane z uzakonjanjem pravnih oblik javne uprave, zlasti prek načel pravne varnosti in predvidljivosti.Zasnova/metodologija/pristop: Prispevek analizira češke pravne norme, obstoječo pravno doktrino in sodbe upravnega sodišča v zvezi z uzakonjanjem pravnih oblik javne uprave. Analiza vodi do kategorizacije zakonodajnih tehnik, s katerimi je uzakonjena pravna oblika delovanja javne uprave. Prispevek vključuje tudi študijo primera, ki obsega kvalitativno analizo zakonodajnega postopka v konkretnem primeru na podlagi javno dostopnih zapisov parlamentarnih razprav med zakonodajnim postopkom.Ugotovitve: V obravnavanem primeru v zakonodajnem postopku ni bilo ustrezne razprave o posledicah odprave izrecne določitve pravne oblike. Prav tako ni bil zabeležen primer, v katerem bi ustavno sodišče v vlogi negativnega zakonodajalca razveljavilo zakon, ker v njem ni bila izrecno določena pravna oblika, bodisi ker je bila odstranjena ali ker je že od samega začetka sploh ni bilo.Akademski doprinos k znanosti: Prispevek poudarja, da morajo biti za učinkovito delovanje javne uprave kot dobre uprave pravila, ki urejajo njeno delovanje, jasno opredeljena. Ugotovitve spodbujajo zakonodajalce, da pri sprejemanju zakonov zagotovijo ustrezne razprave o pravni obliki upravnega delovanja. Takšna strokovna razprava v zakonodajnem postopku je nujna za zagotovitev jasnosti zakonov, na podlagi katerih javna uprava deluje v določeni pravni obliki. Obhajanje zakonodajnega postopka ali opustitev ustrezne razprave nesorazmerno vpliva na pravno varnost in predvidljivost.Izvirnost/vrednost: V prispevku so predstavljeni argumenti, ki poudarjajo neizpodbitno vlogo zakonodajalca pri oblikovanju jasnih pravil za izvajanje javne uprave in posledično omogočajo delovanje javne uprave kot dobre uprave. Izpostavljen je pomen jasnega sklicevanja na pravno obliko javne uprave v zakonu. Kategorizacija poimenovanja pravne oblike pomaga pri prepoznavanju vzorcev in trendov, izpostavljanju pomembnih vprašanj in usmerjanju raziskav na specifična pravna vprašanja.
Journal Article
FDA Regulation of Mobile Health Technologies
by
Cohen, I. Glenn
,
Cortez, Nathan G
,
Kesselheim, Aaron S
in
Biological and medical sciences
,
Cell Phone
,
Decision Support Systems, Clinical - legislation & jurisprudence
2014
Mobile health (“mHealth”) is the use of portable devices such as smartphones and tablets to improve health. This report discusses the public health benefits and risks of mHealth and the challenges facing the FDA in regulating this technology.
Medicine may stand at the cusp of a mobile transformation. Mobile health, or “mHealth,” is the use of portable devices such as smartphones and tablets for medical purposes, including diagnosis, treatment, or support of general health and well-being. Users can interface with mobile devices through software applications (“apps”) that typically gather input from interactive questionnaires, separate medical devices connected to the mobile device, or functionalities of the device itself, such as its camera, motion sensor, or microphone. Apps may even process these data with the use of medical algorithms or calculators to generate customized diagnoses and treatment recommendations. Mobile devices . . .
Journal Article
Citizens, Courts, and Confirmations
2009
In recent years the American public has witnessed several hard-fought battles over nominees to the U.S. Supreme Court. In these heated confirmation fights, candidates' legal and political philosophies have been subject to intense scrutiny and debate.Citizens, Courts, and Confirmationsexamines one such fight--over the nomination of Samuel Alito--to discover how and why people formed opinions about the nominee, and to determine how the confirmation process shaped perceptions of the Supreme Court's legitimacy.
Drawing on a nationally representative survey, James Gibson and Gregory Caldeira use the Alito confirmation fight as a window into public attitudes about the nation's highest court. They find that Americans know far more about the Supreme Court than many realize, that the Court enjoys a great deal of legitimacy among the American people, that attitudes toward the Court as an institution generally do not suffer from partisan or ideological polarization, and that public knowledge enhances the legitimacy accorded the Court. Yet the authors demonstrate that partisan and ideological infighting that treats the Court as just another political institution undermines the considerable public support the institution currently enjoys, and that politicized confirmation battles pose a grave threat to the basic legitimacy of the Supreme Court.
Lawmaps: enabling legal AI development through visualisation of the implicit structure of legislation and lawyerly process
2023
Modelling that exploits visual elements and information visualisation are important areas that have contributed immensely to understanding and the computerisation advancements in many domains and yet remain unexplored for the benefit of the law and legal practice. This paper investigates the challenge of modelling and expressing structures and processes in legislation and the law by using visual modelling and information visualisation (InfoVis) to assist accessibility of legal knowledge, practice and knowledge formalisation as a basis for legal AI. The paper uses a subset of the well-defined Unified Modelling Language (UML) to visually express the structure and process of the legislation and the law to create visual flow diagrams called lawmaps, which form the basis of further formalisation. A lawmap development methodology is presented and evaluated by creating a set of lawmaps for the practice of conveyancing and the Landlords and Tenants Act 1954 of the United Kingdom. This paper is the first of a new breed of preliminary solutions capable of application across all aspects, from legislation to practice; and capable of accelerating development of legal AI.
Journal Article
Posttraumatic stress symptoms among sexual assault victims across the legal proceedings stages: A systematic review
by
Belleville, Geneviève
,
Dubé, Laurence
,
Desrosiers, Julie
in
Crime Victims
,
Criminal Justice
,
Human
2025
Sexual assault victims who report to the police experience posttraumatic stress symptoms (PTS) and other psychological consequences. However, these consequences appear to vary according to the main legal stages (reporting, charging, plea, testimony, verdict, sentencing), yet the literature lacks a comprehensive review of the consequences throughout legal proceedings. This review aimed to identify the extent of PTS symptoms and psychological consequences among sexual assault victims resulting from legal proceedings and organize the findings among legal stages. A systematic search was conducted to identify relevant literature. Twenty-four peer-reviewed articles and four doctoral theses were included. Data were systematically extracted and classified under the corresponding legal stage. Findings showed increases of PTS symptoms as soon as the complaint was filed when victims faced negative reactions from police officers. The decision to lay charges and its justification impacted victims. Testifying appeared distressing and was associated with reliving the assault and anxiety. At the end of trial, a guilty verdict provided a sense of validation, while not guilty verdicts resulted in anger and self-blame. Lenient sentences made victims feel disbelieved. Positive psychological outcomes were reported at each stage, notably feeling believed and empowered. Sexual assault victims face PTS symptoms and other psychological outcomes throughout the legal proceedings, but the source and nature of symptoms vary according to the stage experienced. (PsycInfo Database Record (c) 2025 APA, all rights reserved) (Source: journal abstract)
Journal Article