Process as Intergenerational Punishment
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In The Process is the Punishment, Malcolm Feeley exposed the lower criminal court as a powerful institution in American life, an important counterpart to both the more glamorous federal courts and the more highly charged superior courts that preside over serious crimes within a jurisdiction. Although it typically handles only low-level criminal charges, the lower criminal court's reach is both broad and deep; in its functioning and process it has the capacity to change the lives of many who come before it – sometimes for the better, sometimes for the worse – irrespective of guilt or innocence, conviction or dismissal.Keywords:
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Abstract This paper draws from the wrongful convictions of women to interrogate the limits of dominant conceptions of wrongful conviction. Most North American innocence projects turn on a conception of demonstrable factual innocence. The paper argues that this focus is problematic as a matter of criminal law principle and presents particular difficulties for women. The paper identifies that family violence forms the primary context for both the conviction of women for violent crimes, and for women's wrongful convictions. Taking two key examples of family violence – child homicide and intimate partner violence – we illustrate that the prevailing focus on demonstrable factual innocence fits awkwardly with identified wrongful convictions in these areas, and argue that this focus may deflect attention from unidentified miscarriages of justice. We suggest that focusing on factual innocence undermines the criminal justice system's proper focus on state responsibilities, including the responsibility to protect women and children from harm, and the asymmetric burden of proof that applies in criminal cases.
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The theme of innocence of the Catcher in the Rye is embedded in the multi-dimension which is full of transitional meanings.On the background,American innocence complex has transited from existence to nonexistence.Adolescent,who was regarded as innocence in young age has transited to adulthood whose innocence may lose.And in the stream of American teenager literature,the Catcher in the Rye represents the transition which expresses the innocence consciousness of the sex and whether they have the hope for the innocence.
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Swedish labour law is unique among world's labour laws,the dismissal system is an very important part of it.The conditions of dismissal,the procedures of dismissal,the remedies for dismissal,and the method which Labour Court hears the dismissal cases,all of these things are worth using for reference.
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DNA technology has uncovered the significant problem of wrongful conviction in the United States. Australians tend to have great faith in our criminal justice system; however, innocent people have also been wrongly convicted in this country. As a society, we must never become complacent about our criminal justice system: we must continually address areas likely to be relevant to the incidence of wrongful conviction, and we need mechanisms for the proper review of claims of innocence. Following in the footsteps of Innocence Projects in the United States, Innocence Projects in Australia are emerging as a resource for the investigation of claims of wrongful conviction with the aim of freeing innocent persons from incarceration. The majority of wrongful conviction claims will not involve DNA evidence, making the investigative work of Innocence Projects more complex and time-consuming, but also a task in which student resources are particularly valuable. To enhance the effectiveness of addressing claims of wrongful conviction, adoption of legislation or procedures is required. This would include changes requiring the preservation of evidence and expanded access to the courts of appeal for persons who have exhausted their one appeal prior to investigations uncovering evidence of innocence.
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In this paper, the institute of outstanding dismissal of the employment contract is presented as one of the ways of terminating the employment contract. The reasons for the termination of the employment contract are laid down, with particular attention being paid to legal considerations of judicial practice which is significant indicator and a justifiable reason for dismissal, since the labor law itself is not regulated. In addition, the procedure leading to an extraordinary dismissal is presented and the question of form, reasoning and delivery of the cancellation decision has been considered. Since extraordinary dismissal can be made within 15 days of being aware of the fact that extraordinary dismissal is based, special attention has been given to the timing for extraordinary dismissal. In addition to the aforementioned, there is judicial protection in the event of an extraordinary dismissal, the burden of proof and the return of the worker to work in the event of the invalidity of the dismissal.
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Blake describes the states of innocence and experience in an abstract manner. By analysing symbols and images one can give a broader and more comprehensive picture of what innocence and experience ...
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Teacher surpluses and demands for account ability of late have led boards and administra tors to consider the dismissal of teachers not performing as expected. The writer reviews the situation and urges school officials to heed scrupulously the provisions of their state sta tutes on teacher dismissal.
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