Global ETD Search
Search theses and dissertations gathered from participating repositories worldwide. Every result links back to the library that holds it. No account is needed.
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Showing 1 to 20 of 36 for “"fair trial"”.
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Free Press - Fair Trial: An Empirical Look at the Problem and Its Solution
Made available in DSpace on 2014-12-10T21:38:24Z (GMT). No. of bitstreams: 1 7121113.pdf: 10540669 bytes, checksum: ad82edf4bdd2e710b49d600aeb852001 (MD5) Previous issue date: 1971
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Fair trial and access to justice in South Africa how traditional tribunals cater to the needs of rural female litigants
… American jurisprudence imbued the concepts of fair trial and access to justice in Western culture. The United Nations later proclaimed these foreign principles 'universal human rights', seemingly oblivious of the marginal role played by African states during conceptualisation. African …
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Respect of the right to a fair trial in indigenous African criminal justice systems : the case of Rwanda and South Africa
… already mentioned, gauranteeing the right to a fair trial aims at protecting individuals from unlawful and arbitrary curtailment or deprivation of other basic rights and freedoms. The fundamental importance of the right to a fair trial is illustrated not only by international instruments and the …
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A critical analysis of a review pendente lite application against a lower court`s proceedings and its influence on the right to a fair trial: A South African perspective.
… makes a provision for the right to a fair trial to every accused person allegedly presumed to have committed offence[s] and subjected to a criminal trial. Whenever the accused is not satisfied with the pending criminal proceedings in a lower court and has a reasonable ground[s] or …
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The Right to a Fair Trial within a Reasonable Time in Criminal Cases: A Comparative Study between Saudi Arabia and the Requirements of the European Convention on Human Rights, using English Law as an Exemplar
This research investigates the right to a fair trial within a reasonable time within the Saudi Arabian criminal justice system. The European Convention on Human Rights 1950 (ECHR) has been used for comparison and as an aspirational model, and the thesis uses the English criminal justice system as …
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An unfair trial with special reference to improper splitting of charges
… others, that an accused person is entitled to a fair trial. The right to a fair trial includes the right to have recourse by way of appeal or review and to legal representation. The candidate discusses these rights. Numerous reported and a few unreported cases have been discussed. In these cases …
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The balancing of competing rights : the right to disclosure at the International Criminal Court
… This is one of the fundamental ingredients for a fair trial well-established in both domestic and international law. One specific requirement that emanates from fair trial guarantees is the right to disclosure of evidence. In this regard, the Rome Statute places an obligation on the prosecution to …
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Negozio giuridico processuale e categoria generale di contratto nella scienza giuridica europea
… that the contract prototype, used in the trial context, imposes us to believe that the parties are propelled to mutually collaborate in order to obtain a fair trial.
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Film evidence in war crimes trials: Two case studies
… film evidence within international war crimes trials has been a controversial issue, in part, due to its conflict with the conventional common law rule against admitting hearsay evidence into trials and relative to "fair trial" norms. Such controversies are particularly evident in relation to …
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Race Against Death : The Struggle for the Life and Freedom of Mumia Abu-Jamal
… thesis is that Abu-Jamal never got a fair trial and is very likely innocent. In addition to the issues racism, class exploitation, and political oppression, these were the two main reasons why this case was able to ignite a mass movement to free Abu-Jamal and to end the death penalty.
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Judicial independence versus judicial impartiality: A comparative approach
… yet partial bench can be sufficient to secure a fair trial and public confidence in the judicial system and also whether an impartial bench without independence can do the same. Therefore, this thesis aims to answer the question of how different these two principles are from each other. A second …
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Capital punishment in South Asia (India, Pakistan and Bangladesh): a legal analysis
… that guarantee the right to life, the right to a fair trial and the prohibition of torture. This research identifies the glaring gaps in the substantive and procedural laws of these countries that lead to arbitrary application of the death penalty. Law Commissions’ reports and the case law of …
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The Impact of courtroom demeanour and non-verbal communication on the verdict
… the requirement of due process, the right to a fair trial and the right to confront an accuser. These developments in the law call for further development in the skills of those who practice the law. Changes in the judiciary and the legal profession in general have brought with them the need for …
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JUDICIAL COLLECTIVE ENFORCEMENT OF FUNDAMENTAL RIGHTS IN A MULTILEVEL EUROPEAN CONSTITUTIONAL PERSPECTIVE. A FOCUS ON THE ITALIAN CLASS ACTION REGIME
… drawbacks in light of possible abuse and fair trial guarantees. The topicality of the study is also given by the recent EU Directive 2020/1828 on representative actions for the protection of the collective interests of consumers.
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Junior High School Teachers' Attitudes Toward Using the Microcomputer as an Instructional Aid
… had the opportunity to give the microcomputer a fair trial.</p>
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Military courts in a democratic South Africa: in search of their judicial independence
… to judicial independence and the right to a fair trial; emerging foreign trends; and most importantly, military uniqueness and operational effectiveness.
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A Critique of Human Rights Protection for Suspects in the Chinese Criminal Justice System: An Examination of the Extent to which There Is and Could in Future Be Compatibility between Chinese Law and Practice and International Human Rights Norms
… runs through the paper is whether the right to fair trial is practically and adequately available to the suspect in China according to the established international standards. The hypothesis is that by addressing the distance between the Chinese system and international standards on the issue of …
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Burying the Ghosts of a Complainant’s Sexual Past: The Constitutional Debates Surrounding Section 227 of the Criminal Procedure Act 51 of 1977
… matter from secondary victimisation during the trial as far as possible, by restricting the type of evidence that is admissible and the circumstances under which such evidence can be found to be admissible. This rationale has come under attack for its effect on the fair trial rights of the …
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Rebalancing acts?: an evaluation of the changes to the right of silence and pre-trial disclosure
… Justice and Public Order Act 1994), and the pre-trial disclosure regime created by Part 1 of the Criminal Procedure and Investigations Act 1996. The effects are explored through critiques of the debates surrounding the introduction of the Acts, associated research, analyses of the case law and a …
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The doctrine of Swart Gevaar to the doctrine of common purpose: a constitutional and principled challenge to participation in a crime
… dignity, freedom and security of persons, and a fair trial including the right to be presumed innocent. The Constitutional Court's finding came as a surprise, as it ignored worldwide condemnation of the doctrine throughout the apartheid regime and Constitutional democratic era. This paper …
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