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Trial Process (trial + process)

Distribution by Scientific Domains

Law and Criminology	50%

Selected Abstracts

,An important obligation of citizenship': language, citizenship and jury service

LEGAL STUDIES, Issue 2 2007
R Gwynedd Parry
This paper considers whether there should be the power to summon bilingual juries in criminal trials in Ireland and Wales. It will examine the relationship between jury service as an obligation and privilege of citizenship, and the eligibility for jury service of Irish and Welsh speakers as a linguistic group. It will also demonstrate the relationship between the citizenship argument in its collective context and the rights and interests of individual speakers of these languages within the criminal jury trial process. In doing so, it seeks to emphasise that this is a multidimensional issue which requires an evaluation from a combination of perspectives, both collective and individual. It is this combination of perspectives, taken conjunctively, that supports the case for bilingual juries. Moreover, this particular debate has a particular relevance to the wider debate on European citizenship and how Europe views the concept of multilingual citizenship within its constitutional framework. Indeed, it raises fundamental questions about how Europe manages its diverse cultural and linguistic heritage and how speakers of minority languages are integrated on a basis of equality and respect towards their cultural and linguistic autonomy. The paper also addresses the objections to bilingual juries and will explore how the advent of bilingual juries could continue to preserve the random selection principle (the primary objection to bilingual juries) sufficiently to bring about fair, impartial and competent tribunals. [source]

More Regulation of Industry-Supported Biomedical Research: Are We Asking the Right Questions?

THE JOURNAL OF LAW, MEDICINE & ETHICS, Issue 3 2009
Sigrid Fry-Revere
Industry-sponsored biomedical research is under the microscope. In an attempt to achieve just results in extraordinary cases, critics are suggesting regulations that would pervert the U.S. clinical trial process. However, the arguments made to justify such regulation are weak at best. All the proposals to regulate industry sponsorship of clinical trials that we surveyed (over a hundred articles and ten books, most written in the past decade) suffer from some form of fallacious reasoning. In the interest of advocating sound policy, this article points out some of the most common reasoning errors found in the literature on financial conflicts of interest in clinical trials. [source]

Beyond Dusky and Godinez: competency before and after trial

BEHAVIORAL SCIENCES & THE LAW, Issue 3 2003
Michael L. Perlin J.D.
Scholars have carefully considered all aspects of the incompetency to stand trial process, questions involving incompetency to confess, questions involving incompetency to be executed, and, to a lesser extent, questions related to incompetency to plead guilty or to waive counsel, but little attention has been paid to the relationship between incompetency and the full range of other criminal procedure issues: sentencing, appeals, consent to searches, and others. This article discusses this range of issues, assesses the factors relied upon by courts in deciding these cases and attempts to offer an agenda for future scholarly developments in this area. Copyright © 2003 John Wiley & Sons, Ltd. [source]

Effectiveness of participation as a defendant: the attorney,juvenile client relationship,

BEHAVIORAL SCIENCES & THE LAW, Issue 2 2003
Melinda G. Schmidt M.A.
Recent changes in the processing of juveniles in the justice system place greater significance on children's capacities to participate in legal contexts. Effective participation as a defendant encompasses abilities beyond those legally required for adjudicative competence, which may nevertheless influence the quality and nature of a defendant's participation in the trial process. Based in developmental judgment theory, the current study compares 203 juveniles and 110 adults detained pre-trial using a hypothetical attorney,client vignette to examine how psychosocial factors are reflected in decision-making processes and link to decision outcomes and effective participation within the attorney,client relationship. Age-related differences in legally relevant decision-making processes and outcomes are identified, and implications for policy are made. Copyright © 2003 John Wiley & Sons, Ltd. [source]