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Wrongfulness of a court’s decisions, acts and/or omissions as a condition of tortious obligations in Ukraine
Published 2016-12-01“…It is emphasized that the category “miscarriage of justice” is used as a generic term for the aforementioned forms of wrongful behavior under the provisions of some international instruments and the legislation of some foreign countries. …”
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22
Military justice: the rights of an arrested soldier / Mohamad Bustaman Abdullah
Published 1987“…The lack of knowledge of the system of military justice amongst the Military officers and personnel has resulted in the miscarriage of justice. Ignorant of the system themselves have resulted in them losing their rights available under the law. …”
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23
The Right not to Incriminate Oneself as an Essential Aspect of the Right to a Fair Trial in the Application of Simplified Forms of Criminal Procedure
Published 2022-09-01“…The right to a fair trial is not entirely ensured to persons against whom the simplified forms of criminal procedure which do not include adjudication of a case in a court or direct and oral examination of evidence in a court hearing are applied. To prevent miscarriage of justice, i.e., that innocent persons are convicted as a result of the application of simplified forms of criminal procedure it is essential to ensure the right not to incriminate oneself, which, inter alia, includes the right not to be compelled to admit guilt. …”
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24
Conviction of the Innocent; from the Judicial Error to the Real Innocence
Published 2014-09-01“…Wrongful conviction of the innocent is a type of miscarriage of justice. Thus, the perspective that believes these two concepts are equivalent is false. …”
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Court interpreting practice in Rwanda: Challenges and strategies for fair justice
Published 2023-07-01“…The paper further shows the consequences of using unprofessional interpreters, which include miscarriage of justice due to inaccurate interpretation or delayed proceedings. …”
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26
Une herméneutique en contexte : le droit
Published 2013-04-01“…To this violence, the law adds the risk - in the name of a possible carrying out of justice - of adding pain to punishment: the violence of a miscarriage of justice. In law, interpretation is tragic because the differend, litigation, crime, sanction, or sentence will always entail the pathos of suffering. …”
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27
Boolean-chaos time domain reflectometry for fault detection of cable
Published 2016-01-01“…For problems that fault detection method of cable based on chaos random signals correlation method has high cost and easily leads to miscarriage of justice, a kind of Boolean-chaos time domain reflectometry for fault detection of cable was proposed. …”
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28
Infanticide: A Concept
Published 2017-01-01“…The lack of awareness in medical fraternity, legal experts, and society leads to miscarriage of justice. In this article, we have compared legal status of infanticide in various countries vis-a-vis India and thus tried to arrive at a more humane and pragmatic approach in cases of infanticide keeping in mind the psychological state of mother, gender inequality, weak public health infrastructure, and the prevalent practice of homicide of unwanted/female child. …”
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The Science-Based Pathways to Understanding False Confessions and Wrongful Convictions
Published 2021-02-01“…A case study of a major miscarriage of justice is used to highlight the key issues at each stage of the error pathways and it shows the continued resistance of the judiciary to admit mistakes and learn from them. …”
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30
The Irish Catholic Church under Charles II: the ‘Popish Plot’ and the Martyrdom of Oliver Plunkett
Published 2013-03-01“…Oliver Plunkett, after a blatant miscarriage of justice, was executed for high treason. He was beatified in 1920 and canonized in 1975 under Pope Paul VI. …”
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31
THE GUARANTEE OF THE RIGHT OF A PERSON AGGRIEVED BY A PUBLIC AUTHORITY IN ROMANIA - SELECTIVE ADMINISTRATIVE ASPECTS
Published 2018-12-01“…The liability of the Romanian State for miscarriage of justice, as well as its right of recourse against the magistrates who acted in bad faith or serious neglect in their position are also granted. …”
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32
Small claims court's procedure for small claims business dispute
Published 2006“…The purpose of procedural law has always been to serve the ends of justice rather than to defeat a person's substantive rights based on technicalities unless the omission in the procedures are those that are so fundamental as to cause a miscarriage of justice. Thus, this paper attempts to look at how a plaintiff can pursue his cause of action in court where the amount is small at costs, making it worth the trouble to take the matter to court against the defendant. …”
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FUNDAMENTAL GUARANTEES OF THE RIGHTS OF THE ACCUSED IN THE ISLAMIC CRIMINAL JUSTICE SYSTEM
Published 2021-03-01“…Adhering to these principles is intended to avoid a miscarriage of justice under the Islamic criminal justice system. …”
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FUNDAMENTAL GUARANTEES OF THE RIGHTS OF THE ACCUSED IN THE ISLAMIC CRIMINAL JUSTICE SYSTEM
Published 2021-03-01“…Adhering to these principles is intended to avoid a miscarriage of justice under the Islamic criminal justice system. …”
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35
Lawyers’ antics and nonverbal impoliteness in Nigerian court documents: An example of Mosojo versus Oyetayo
Published 2020-11-01“…Litigants are advised to explore the ADR alternative while judges should regulate the courtroom use of language to prevent the miscarriage of justice.…”
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The abolishment of death penalty as capital punishment: A comparative study of death penalty between Malaysia and Australia / Siti Adzlin Mohd Anwer … [et al.]
Published 2013“…Besides, the punishment is being condemned for it is prone to establish unfairness and miscarriage of justice especially in a situation where an innocent man is being put to death and he will only be exonerated after several years of his execution. …”
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Student Project -
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A study on the implementation of emergency (essential powers) Ordinance No.22 1970 in Anwar Ibrahim's trial / Arif Aizuddin Alwi, Farhana Mohd Amin and Muhamad Abu Hassan Ramli
Published 2006“…By the end of our research we will propose: whether the Emergency (Essential Powers) Ordinance No 22 is still necessary or not in the current spate of corruption in this country and should the Parliament repeal the Ordinance, in order to avoid miscarriage of justice. It is hoped that this research will enlighten our reader on the applicability of the Emergency (Essential Powers) Ordinance No 22, 1970 to punish the act of corrupt practice among member of administration in the present day.…”
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Analysis of poisons and drugs in entomological specimens for forensic applications: A review
Published 2023“…Since an accurate PMI estimate may prove an alibi (a critical aspect in criminal investigations), failure to consider factors that may affect the growth of necrophagous insects can subsequently result in the miscarriage of justice. In addition, the use of entomological specimens for diagnosing causes and circumstances surrounding death has been suggested for highly decomposed bodies, whereby conventional toxicological specimens are unavailable and/or unsuitable for analysis. …”
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Constitutional references related to the guarantee of the right of a person aggrieved by a public authority in Romania
Published 2018-03-01“…The liability of the State for miscarriage of justice, as well as its right of recourse against the magistrates who acted in bad faith or serious neglect in their position are also granted. …”
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40
Analysis of poisons and drugs in entomological specimens for forensic applications: a review
Published 2023-12-01“…Since an accurate PMI estimate may prove an alibi (a critical aspect in criminal investigations), failure to consider factors that may affect the growth of necrophagous insects can subsequently result in the miscarriage of justice. In addition, the use of entomological specimens for diagnosing causes and circumstances surrounding death has been suggested for highly decomposed bodies, whereby conventional toxicological specimens are unavailable and/or unsuitable for analysis. …”
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Article