The rights of the defendant and public interest in proving insanity under the law of New York

2021 ◽  
Vol 30 (3) ◽  
pp. 108-124
Author(s):  
Aleksey Grin'ko
Keyword(s):  
New York ◽  
Law Enforcement ◽  
Public Interest ◽  
Due Process ◽  
Burden Of Proof ◽  
Public And Private ◽  
Whole Process ◽  
History Of ◽  
The Law ◽  
Legislative Changes

Allocation of the burden of proof is a key issue of criminal procedure that is affected by multiple legal and social factors. Under due process principles, the defendant’s right to a fair and impartial trial is deemed to be the epicenter of the whole structure. However, efficient law enforcement is a prominent public interest that must be considered. This article explores the correlation between public and private interest in proving insanity under the law of New York, which provides great empirical background due to its long history of legal disputes and legislative changes. Considering the nature and structure of the burden of proof, the author concludes that there are several principles for its fair allocation: the due party that bears both the burden and the risk of its nonperformance; the feasibility of the burden; the adequate opportunity for the other party to rebut; the concentration of resources upon needs that are not presumed but in fact exist. All the mentioned principles lay the ground for the harmonization of constitutional guaranties for the defendant as well as the successful enforcement of criminal law. The current New York approach to insanity defense as an affirmative one along with the history of its implementation tends to prove its compliance with such requirements. This finding suggests that bearing the burden shall not be treated as impairment by default, but can protect both the interest of this party and the integrity of the whole process.

A History of Brooklyn Bridge Park

2017 ◽  
Author(s):  
Nancy Webster ◽  
David Shirley
Keyword(s):  
New York ◽  
New York City ◽  
York City ◽  
Commercial Development ◽  
Public And Private ◽  
Private Interests ◽  
History Of ◽  
Cultural Programming ◽  
Planning And Construction ◽  
Brooklyn Bridge

By the 1970s, the Brooklyn piers had become a wasteland on the New York City waterfront. Today, they have been transformed into a stunning park that is enjoyed by countless Brooklynites and visitors from across New York City and around the world. A History of Brooklyn Bridge Park recounts the grassroots, multivoiced, and contentious effort, beginning in the 1980s, to transform Brooklyn’s defunct piers into a beautiful, urban oasis. The movement to resist commercial development on the piers reveals how concerned citizens came together to shape the future of their community. After winning a number of battles, park advocates, stakeholders, and government officials collaborated to create a thoroughly unique city park that takes advantage of the water and the ’Manhattan skyline, combining an innovative design with vibrant cultural programming. From start to finish, this history emphasizes the contributions, collaborations, and spirited disagreements that made the planning and construction of Brooklyn Bridge Park a model of natural urban development and public–private partnership. The book includes interviews with Brooklyn residents, politicians, activists, urban planners, landscape architects, and other key participants in the fight for the park. The story of Brooklyn Bridge Park also speaks to larger issues confronting all cities, including the development of postindustrial spaces and the ways to balance public and private interests without sacrificing creative vision or sustainable goals.

A Research Evaluation of the Israeli New Pretrial Detention Act

2001 ◽  
Vol 35 (2-3) ◽  
pp. 266-284 ◽  
Author(s):  
Hagit Lernau
Keyword(s):  
Criminal Justice ◽  
Law Enforcement ◽  
Criminal Law ◽  
Process Model ◽  
Due Process ◽  
Crime Control ◽  
Research Evaluation ◽  
Law System ◽  
Justice Process ◽  
The Law

One of the most influential attempts to describe and comprehend the criminal law system is Packer's celebrated notion regarding the “Two Models of the Criminal Justice System.” Packer regards the criminal justice process as an image constantly shifting between two conflicting models — the “Crime Control Model” and the “Due Process Model” of criminal law. The first model strives to create an effective criminal system that will protect society's right to peace and safety. This aim may be achieved by emphasizing the earlier, informal stages in the law enforcement procedure, namely, police investigation and the decision to prosecute. The second model aims to ensure that the law enforcement process, which is one of the most coercive powers of the state, will be conducted in a lawful manner that will protect suspects and defendants from both intentional wrongdoing and from unintentional mistakes.

Peasants and the Law: a History of Land Tenure and Conflict in the Huasteca

1986 ◽  
Vol 18 (2) ◽  
pp. 283-311 ◽  
Author(s):  
Frans J. Schryer
Keyword(s):  
Law Enforcement ◽  
Land Tenure ◽  
Direct Action ◽  
Property Owners ◽  
Mexican Government ◽  
History Of ◽  
Rural Mexico ◽  
The Law ◽  
Political Turmoil ◽  
Privately Owned

The Huasteca, a region with a semi-tropical climate and abundant vegetation, has become one of the most violent and conflict-ridden parts of rural Mexico. Starting in the mid-1970s, a series of land invasions involving mainly Nahuatl-speaking Indian peasants broke out in the district of Huejutla in the northeastern portion of the state of Hidalgo (also known as the Huasteca Hidalguense). Militant agrarian peasants, who cut fences, confiscated coffee orchards and ripped out cultivated grasses, justified their use of direct action both in terms of Mexico's agrarian code and Nahuatl notions of village boundaries; similarly, local landowners appealed to their rights as property owners and the legal system in general in order to persuade law enforcement agents to evict peasant intruders and have them arrested. Many poor peasants, who live in usually cohesive communities, also became bitterly divided over whether or not they should join in land invasions, and some people on both sides took the law into their own hands and meted out their own version of justice through abductions, corporal punishment and even executions. The resulting violence and political turmoil culminated in the expropriation, by the Mexican government, of 18,000 hectares of privately owned land and the implementation of a programme of social reform.

scholarly journals Islamic criminal procedure law: human rights issues

2020 ◽  
Vol 23 (10) ◽  
pp. 47-57
Author(s):  
Yusif Mamedov
Keyword(s):  
Human Rights ◽  
Criminal Justice ◽  
Criminal Justice System ◽  
Criminal Law ◽  
Justice System ◽  
Due Process ◽  
Economic Status ◽  
Burden Of Proof ◽  
The Law ◽  
The Right

It has been established that harsh Islamic punishments are practically not applied due to the high burden of proof and the need to involve an exhaustive number of witnesses. It has been proven that the Islamic criminal justice system provides the accused with basic guarantees. It is noted that according to Sharia, Islamic crimes are divided into three categories: Hadd, Qisas and Tazir. It is noted that Islamic criminal law provides that the accused is not guilty if his guilt is not proven. It is noted that equality before the law is one of the main legal principles of the Islamic criminal model, as all persons are equal before the law and are condemned equally regardless of religious or economic status (lack of immunity). There are four main principles aimed at protecting human rights in Islamic criminal law: the principle of legality (irreversible action), the principle of presumption of innocence, the principle of equality and the principle of ultimate proof. In addition, the Islamic criminal justice system provides defendants with many safeguards, which are always followed during detention, investigation, trial and after trial. It is established that such rights are: 1) the right of every person to the protection of life, honor, freedom and property; 2) the right to due process of law; 3) the right to a fair and open trial before an impartial judge; 4) freedom from coercion to self-disclosure; 5) protection against arbitrary arrest and detention; 6) immediate court proceedings; 7) the right to appeal. It is noted that if a person is charged, he/she has many remedies It is noted that the trial must be fair, in which the qadi (judge) plays an important role. It has been established that, in addition to the procedural guarantees, the qualifications and character of the qadi, as well as the strict requirements of Islamic rules of proof, are intended to ensure a fair trial in the case of the accused. Adherence to these principles has been shown to indicate that the rights of the accused are fully guaranteed under Islamic criminal law.

scholarly journals Public Interest in Private Law Relations of Transition Democracies: A Modern View from the Standpoint of a Systemic Approach

2020 ◽  
Vol 10 ◽  
pp. 430-439
Author(s):  
Iryna E. Berestova ◽  
◽  
Olha V. Verenkiotova ◽  
Natalii Serbina ◽  
Svitlana V. Seminoh
Keyword(s):  
Public Interest ◽  
Large Scale ◽  
The State ◽  
General Nature ◽  
Soviet Society ◽  
Private Law ◽  
Public Interests ◽  
Public And Private ◽  
Private And Public ◽  
The Law

The study investigates the legal nature of the category of "public interest" in private law relations from the standpoint of a systematic scientific approach to law in the countries of post-Soviet society in the modern period. The study states the affiliation of public and private law to the means of achieving the purpose of the law: the recognition of a person, their rights and freedoms as the highest social value of the state. The unsuitability of the theory of the branch belonging to public law has been proved using the universal criterion of separation: the use of the category of "public interest" in the development of the subject and method of the branch in private legal relations. It is concluded that the division of law into private and public is inconsistent in terms of their differentiation of the criterion "method of protecting the rights of their participants", which is activated only after the violation of the latter, while subjective law also exists before the violation, during the existence of regulatory legal relations, and it is the subjective law that forms the affiliation to the relevant industry. During the study, signs of public interest as a legal category were formed. In addition, modern features of public interest as a legal category were outlined from the standpoint of a systematic approach: the general nature of public interests; connectedness with large-scale involvement; recognition by the state and the provision of the law; the possibility of their implementation through measures of state power.

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