Although during the Obon see "paper lanterns [...] towards the ocean" I think the baskets represented in the lantern have to do with a different tradition.
Afternoon at the beach
Behind
people floating Hina.
For Machi Sato
Wednesday, June 30, 2010
Having All White Party
Although during the Obon see "paper lanterns [...] towards the ocean" I think the baskets represented in the lantern have to do with a different tradition.
Does A Polaroid Spectra Se Camera Need Batteries
final exam. Classroom
On Friday, July 2, between 1100 and 1200 informed the classroom blog that will take the final exam. We can not tell before because classrooms are requested and are given the same day. If the data does not arrive before 12.00, we will be in Bedelia with those who hold at that time. Cheers and good luck
On Friday, July 2, between 1100 and 1200 informed the classroom blog that will take the final exam. We can not tell before because classrooms are requested and are given the same day. If the data does not arrive before 12.00, we will be in Bedelia with those who hold at that time. Cheers and good luck
Sunday, June 27, 2010
Masterbait With A Bananana
Friday, June 25, 2010
Spray Tan Fredericton
He lay down, turned off the light, stopped wearing the second pillow, closed his eyes tightly, come sleep, come, but the dream did not come, down the street a streetcar passed, perhaps the last, who will not want to sleep on me, restless body, from whom, or body not being in it is concerned, I whole or that part of me that grows My God, the things that can happen to a man.
The second pillow is circumstantial evidence to be the sign of a woman who does not say whether it is or Marcenda Lidia, but the fact is that this woman will go to bed shaking Ricardo, just know that, I have cold, and Ricardo is silent, is wondering whether or not you should kiss her mouth.
year O Ricardo Reis da morte
Wednesday, June 23, 2010
Bleach Converse Canvas
Apropos of the recent report of the Commission on Human Rights
recently Rapporteurship visited our country entering several sites in the Province of Buenos Aires where prisoners are housed processes, convicted without trial (detention) and above, in a statement published in the Commission's website, updated several percentages of we have spoken throughout the course and confirmed several of the issues we have discussed, in the first place can be note that there is in the province about 61% of persons deprived of liberty without trial firm, notes with concern the use of preventive detention, ie denaturation and as can be seen, with this percentage (70% according auemnta NGOs), there is no relationship between what our books, our laws, our CS, the principles we learn and what they are doing today juríricos operators, speaking of judges, prosecutors, already long ago many of them have in possession of the "authorization certificate", but obviously use it to denigrate the CN rather that there is no relationship between what we study and our laws and the reality of what they are doing those who have already met some function, ouch sion clearly a relationship between theory and practice, and is a relationship of absolute violation of that. Let
regard that "reaffirms" the Rapporteur of the Commission " The IACHR Rapporteur is concerned about the misuse of detention, to the detriment of the principles of presumption of innocence, need and proportionality should govern this procedural mechanism. In this regard, the Commission reiterates that the detention of a person is an exceptional measure, of a precautionary nature and not punitive obtained solely to insure that the accused should not impede the efficient development of research or evade the action of justice " countries good if we read we remember what the national and international standard so we can do a good job the oral end (organized in the way that makes Bovine and more complete look should consider the following (aporia) a) verification of the substantive merit, b) principle of exceocionalidad c) procedural order preventive detention d) proportionality; e) provisional f) judicial control g) time limit of preventive detention (Cafferata Nores contribution) but, however, if you read the legal operators, especially the judges who have this degree, or do not provide alternatives to custody in the province, what would you do with this information?, Do you do anything today with this information? , we say yes, simply do not apply.
is assumed that the creation of the Courts of execution among other tasks is to detect and control the execution of the sentence in a way that it complies with international requirements, it is obvious that this task are not met. Speaking
dos, in the final sentence of Aporias, our teacher calls us to seek a solution, rethinking the principle of innocence and proportionality and alternatives to preventive detention, the report goes in the same way, accounts for the restriction of alternatives and the application of substantive criteria, rejecting princioio of innocence, judges make the exception the rule.
The full report can be read by entering here
redeemable
Many paragraphs of the statement of the Commission, is not a bad read, always mindful that everything we read we write, we attack and / or defend since we are students actually happens outside the school, ie we do not discuss or study itself in Spartan regia an evil system, or the allegory of Plato's cave is properly raised or that we use to give that theory to interpret reality, but the principles and guarantees that we study are destroyed in reality, so as well defended from the letter, word, and the practice of the Chair.
If we can make a contribution to our opinion on these issues, we would say that just when one realizes the practice and uses these concepts and principles, making a fair idea, that's why we're studying, how to get in practice, since the role we played in the pilot, also a more accurate notes of the practice or what is done with the criminal justice system when is part of the process, when they have to be charged or when he has to be complainant, in any of the roles you start falling into the reality of all that studying. And paradoxically
when one is finishing his studies discovered, all the power failures, our University of Buenos Aires, but with the implementation of these new systems for teaching one can anticipate, in every sense of the word.
We wanted to leave at the end of a video describing why it is reflected in the report about the prison situation (but do not really know how to add this on yoy tube you can go here )
And add that obviously orality earned him the word written, imagine if we have to transfer each to answer each point where the exception is the oral tradition and even less acceptable multimedia resource, which if I am wrong is inconceivable to those who defend the writing process, imagine all that we lose if we can not face reality, which is clearly spoken and acted without multimedia resources, without the immediacy of orality. Few words are needed to reflect what we perceive when we see someone speak? and the other side as you do to feel the feelings we have when writing?.
Roberto Arturo Martinez - Santiago Ferre. 
recently Rapporteurship visited our country entering several sites in the Province of Buenos Aires where prisoners are housed processes, convicted without trial (detention) and above, in a statement published in the Commission's website, updated several percentages of we have spoken throughout the course and confirmed several of the issues we have discussed, in the first place can be note that there is in the province about 61% of persons deprived of liberty without trial firm, notes with concern the use of preventive detention, ie denaturation and as can be seen, with this percentage (70% according auemnta NGOs), there is no relationship between what our books, our laws, our CS, the principles we learn and what they are doing today juríricos operators, speaking of judges, prosecutors, already long ago many of them have in possession of the "authorization certificate", but obviously use it to denigrate the CN rather that there is no relationship between what we study and our laws and the reality of what they are doing those who have already met some function, ouch sion clearly a relationship between theory and practice, and is a relationship of absolute violation of that. Let
regard that "reaffirms" the Rapporteur of the Commission " The IACHR Rapporteur is concerned about the misuse of detention, to the detriment of the principles of presumption of innocence, need and proportionality should govern this procedural mechanism. In this regard, the Commission reiterates that the detention of a person is an exceptional measure, of a precautionary nature and not punitive obtained solely to insure that the accused should not impede the efficient development of research or evade the action of justice " countries good if we read we remember what the national and international standard so we can do a good job the oral end (organized in the way that makes Bovine and more complete look should consider the following (aporia) a) verification of the substantive merit, b) principle of exceocionalidad c) procedural order preventive detention d) proportionality; e) provisional f) judicial control g) time limit of preventive detention (Cafferata Nores contribution) but, however, if you read the legal operators, especially the judges who have this degree, or do not provide alternatives to custody in the province, what would you do with this information?, Do you do anything today with this information? , we say yes, simply do not apply.
is assumed that the creation of the Courts of execution among other tasks is to detect and control the execution of the sentence in a way that it complies with international requirements, it is obvious that this task are not met. Speaking
dos, in the final sentence of Aporias, our teacher calls us to seek a solution, rethinking the principle of innocence and proportionality and alternatives to preventive detention, the report goes in the same way, accounts for the restriction of alternatives and the application of substantive criteria, rejecting princioio of innocence, judges make the exception the rule.
The full report can be read by entering here
redeemable
Many paragraphs of the statement of the Commission, is not a bad read, always mindful that everything we read we write, we attack and / or defend since we are students actually happens outside the school, ie we do not discuss or study itself in Spartan regia an evil system, or the allegory of Plato's cave is properly raised or that we use to give that theory to interpret reality, but the principles and guarantees that we study are destroyed in reality, so as well defended from the letter, word, and the practice of the Chair.
If we can make a contribution to our opinion on these issues, we would say that just when one realizes the practice and uses these concepts and principles, making a fair idea, that's why we're studying, how to get in practice, since the role we played in the pilot, also a more accurate notes of the practice or what is done with the criminal justice system when is part of the process, when they have to be charged or when he has to be complainant, in any of the roles you start falling into the reality of all that studying. And paradoxically
when one is finishing his studies discovered, all the power failures, our University of Buenos Aires, but with the implementation of these new systems for teaching one can anticipate, in every sense of the word.
We wanted to leave at the end of a video describing why it is reflected in the report about the prison situation (but do not really know how to add this on yoy tube you can go here )
And add that obviously orality earned him the word written, imagine if we have to transfer each to answer each point where the exception is the oral tradition and even less acceptable multimedia resource, which if I am wrong is inconceivable to those who defend the writing process, imagine all that we lose if we can not face reality, which is clearly spoken and acted without multimedia resources, without the immediacy of orality. Few words are needed to reflect what we perceive when we see someone speak? and the other side as you do to feel the feelings we have when writing?.
Roberto Arturo Martinez - Santiago Ferre.
Friday, June 18, 2010
Wording Dinner Invitations Guest Pay For Meal
Right to Appeal - Some opinions
Regarding the right to appeal I would like to make some comments share my views, maybe wrong or maybe lacking a good foundation or at least more extensive, this may be because one has ensima all end or at the end you have them ensima, employers, teachers to matters in the end.
In particular, the opinion is on the right to remedy shall be the aggrieved party (complainant) in a case on point seem to agree Maier, Sgro and the Supreme Court of Justice of the Nation, in that art. 8, ap. 2 h. of the Convention is literally a guarantee which protects the right of appeal from convicted or accused of crime.
the other hand, in dissent, found that only this humble servant.
That is, the interpretation of the rule that I make, maybe this wrong, but it is different, the rule says: 8. 2. Every person accused of crime has the right to be presumed innocent until
establish his guilt. During the process, all
person is entitled in full equality , the following guarantees :
h) right to appeal the ruling to a higher court .
the legislature while in principle he starts talking about all persons accused of crime, clarifying the right of presumption of innocence, or status, then point followed, clear several times that 1st. during the proceedings, every person, ie I think I stop talking about the accused in the crime, and refers to persons involved in the process, in my view the only person, not being the accused, which acts in the process is the Plaintiff, is not the MPF, as this is nothing more and nothing less than the state, share what sets our SCJ in the preceding Arce, in that this does not fit the rights and guarantees that are governed by the Covenants, but only to people (rather Arce defendant) and not the State, then in bracket are the rule reads, in full equality, ie I think it is talking to these guarantees must also interpreted in favor of the plaintiff, of course, only those harmonic play of this article and the rest does not impair the rights of the accused, that is, to refer particularly to the right to appeal the law believe that the rule also states that it has complainant, but I see it is unnecessary bounding across the back, is talking of everyone and talk about full equality, ie equality of people, I think denuevo is equality in the only two people involved in the process, the accused and complainant obviously these are not the same, and can not be granted to the complainant the same assurances with which the accused has, that's a lejado to my reading, and would undermine the system of guarantees which has only the person is who is facing the judicial system with the threat of imprisonment, and in the case against two prosecutors.
But igualmnete believe that the right to appeal is also granted to the Plaintiff through 8. 2.h, also in specific cases and not violate other principles of the accused as the ne bis in idem, which is a valuable question Maier.
Our SCJ, the Judgement "JURI" dated 27/12/2006, published in the law, disagrees with my position, (the evil it does), this precedent and citing "Arce", sets the view that although the complainant has the right to appeal in the particular case (literally beating the established art. 458, 460 CPP and the particularities of the case) as provided in " international standards on safeguards and judicial protection provided for in the arts. 8, par. 1 and 25 of the American Convention on Human Rights and not the 8. 2. h. as in the case, raises the defense. Booking these only the accused.
In my opinion the standard not only speaks of the accused, but the other person involved in the process, it also speaks of equality (CN regulated also in our art. 16), ie, namely the right to be heard and the jurisdiction that corresponds to the complainant, should be protected in regard to criminal proceedings shall JOINING reading people harmonic found in processes with competing interests, but that the judges finally requested to be heard, and in a reasonable time. Roberto Arturo Martinez
DNI 29,471,082
Regarding the right to appeal I would like to make some comments share my views, maybe wrong or maybe lacking a good foundation or at least more extensive, this may be because one has ensima all end or at the end you have them ensima, employers, teachers to matters in the end.
In particular, the opinion is on the right to remedy shall be the aggrieved party (complainant) in a case on point seem to agree Maier, Sgro and the Supreme Court of Justice of the Nation, in that art. 8, ap. 2 h. of the Convention is literally a guarantee which protects the right of appeal from convicted or accused of crime.
the other hand, in dissent, found that only this humble servant.
That is, the interpretation of the rule that I make, maybe this wrong, but it is different, the rule says: 8. 2. Every person accused of crime has the right to be presumed innocent until
establish his guilt. During the process, all
person is entitled in full equality , the following guarantees :
h) right to appeal the ruling to a higher court .
the legislature while in principle he starts talking about all persons accused of crime, clarifying the right of presumption of innocence, or status, then point followed, clear several times that 1st. during the proceedings, every person, ie I think I stop talking about the accused in the crime, and refers to persons involved in the process, in my view the only person, not being the accused, which acts in the process is the Plaintiff, is not the MPF, as this is nothing more and nothing less than the state, share what sets our SCJ in the preceding Arce, in that this does not fit the rights and guarantees that are governed by the Covenants, but only to people (rather Arce defendant) and not the State, then in bracket are the rule reads, in full equality, ie I think it is talking to these guarantees must also interpreted in favor of the plaintiff, of course, only those harmonic play of this article and the rest does not impair the rights of the accused, that is, to refer particularly to the right to appeal the law believe that the rule also states that it has complainant, but I see it is unnecessary bounding across the back, is talking of everyone and talk about full equality, ie equality of people, I think denuevo is equality in the only two people involved in the process, the accused and complainant obviously these are not the same, and can not be granted to the complainant the same assurances with which the accused has, that's a lejado to my reading, and would undermine the system of guarantees which has only the person is who is facing the judicial system with the threat of imprisonment, and in the case against two prosecutors.
But igualmnete believe that the right to appeal is also granted to the Plaintiff through 8. 2.h, also in specific cases and not violate other principles of the accused as the ne bis in idem, which is a valuable question Maier.
Our SCJ, the Judgement "JURI" dated 27/12/2006, published in the law, disagrees with my position, (the evil it does), this precedent and citing "Arce", sets the view that although the complainant has the right to appeal in the particular case (literally beating the established art. 458, 460 CPP and the particularities of the case) as provided in " international standards on safeguards and judicial protection provided for in the arts. 8, par. 1 and 25 of the American Convention on Human Rights and not the 8. 2. h. as in the case, raises the defense. Booking these only the accused.
In my opinion the standard not only speaks of the accused, but the other person involved in the process, it also speaks of equality (CN regulated also in our art. 16), ie, namely the right to be heard and the jurisdiction that corresponds to the complainant, should be protected in regard to criminal proceedings shall JOINING reading people harmonic found in processes with competing interests, but that the judges finally requested to be heard, and in a reasonable time. Roberto Arturo Martinez
DNI 29,471,082
Wednesday, June 9, 2010
How To Undress Someone In Oblivion
RESPECT TO THE WARRANTIES OF NE BIS IN IDEM JUDGMENTS ABOUT THE COURTS FOR INDIGENOUS COMMUNITIES.
legal science has been imposed through different devices, including criminal law, secular sword of our modern Leviathan, a "dogma" outside the historical and structural circumstances of indigenous peoples.
In America, indigenous peoples, existing for the different processes of formation of national states have long been victims of the major human rights abuses, from genocide to political exclusion and social and economic discrimination.
E n this sense, the neglect of the criminal status of indigenous "leads to imposition of discriminatory and arbitrary and drastic particular behavior patterns to ethnic, culturally diverse, possessing behavioral patterns and a variety of axiological supported by the legislature and the law that mattered ". [1]
Thus, we propose to give a brief overview of the importance of respecting the guarantee of ne bis in idem in cases which has been applied to the right of an indigenous community determind.
is in response to the situation mentioned above
The issue at hand, the Convention 169 incorporates three essential items, articles 8, 9 and 10 [2] that " according to the most widespread interpretations, grants indigenous peoples the right to administer justice according to their own guidelines to Once it attaches to the States the obligation to respect its own decisions (in any subject), generating a joint on justice that discussion remains stone within States. It also expressly states that preference should be given the types of punishment other than imprisonment (10.2). " [3]
Cobra particular relevance in this review then, the problematic product of "double jeopardy" in cases that despite existing resolutions of indigenous leaders in conflicts arising between Indians in the community, again subjected to criminal proceedings to the same people, for the same acts, this may not be necessary on the grounds that the conflict has been resolved within it.
Thus, this guarantee means avoiding double jeopardy, it is extremely important, because it can overcome the legal uncertainty that leads to the fact of not knowing whether the conflict will end permanently or, in any case remains "open" to other decision-making body, understood in many cases as unnecessary and others just as overwhelming rights and cultural identity of peoples.
To exemplify how this procedural institution developed in a first step towards other purposes or other cases, it is adapted in order to provide new solutions to situations that would not have been contemplated previously, we consider pertinent to add a brief comment regarding the interpretation has made the District Court Criminal, Drug Trafficking and Environmental Crimes Totonicapán Department of Guatemala about the warranty.
E.312.2003 Of Record. 6th., Judgement of June 25, 2003 [4]
Summary of facts: It is a criminal investigation for aggravated robbery, involving three members of an indigenous community.
The judge orders the dismissal of the three defendants, having been shown that the crime was tried by the authorities of the indigenous community, which has imposed a penalty on those responsible. The judge stated that recognition of the legal validity of the penalty imposed by the community is apparent inability to implement new criminal penalties on those responsible, it would mean violating the principle of ne bis in idem.
Law applied: Constitution of Guatemala, Articles 46, 58 and 66, Convention No.. ILO 169,
relevant considerations of the Court: transcribe a few paragraphs below we understand very interesting to note:
"... An analysis of Articles 46, 58 and 66 of the Constitution
By analyzing these articles should be clear obligation acquired by the State to recognize the rights and the existence of "peoples" or indigenous communities in its legal structure. All articles are going further to establish that the state promotes such forms of life and social organization as well as custom suit and language.
(...) When analyzing the document dated June Twenty two thousand three, signed by the Community authorities Chiyax of this county and department, it is concluded through the penalty described her , which does not contravene international law provisions on Human Rights or the Constitution
Based on these ends and the findings of fact and law previously enunciated which when analyzed together with the principles of non-intervention or minimal intervention from the Criminal Law, which states in essence that it must intervene in Ultima Ratio, ie, when all other legal avenues had failed, which is not true in this case because there was a legal and effective application of indigenous law in the resolution of this conflict, and when concatenated with the principle of non bis in idem principle, which essentially provides that a person can not be tried (twice) for the same act, and that also implemented an endorsement or contained in the Criminal Code would be contrary to the guiding principle, and unable to issue a final decision either conviction or acquittal in his case, it is relevant to this impossibility of judging and being an objective causal origin of the penal dismissal from results reported in these proceedings for lack of legitimacy in the exercise of criminal action by the public Tax Entity monopoly absence of action, since it was taken over entirely by the Community authorities Chiyax community and its Indigenous rights application (...)".
is clear from the above that s and is a case of recognizing the legal validity of a sanction imposed by the Community authorities the case of a crime, and consequent dismissal of criminal proceedings, by application of the principle ne bis in idem and in accordance with the other constitutional guarantees in the case cited.
Finally, we express our regret having to discuss a resolution of a Guatemalan court after failing to find a similar resolution in our country. hope that this is solely due to not having the means to do so in the short term, hoping to find as discussed above, we promise more investigation.
Romano Antonella Arias
Daniela Romina Dibilio
[1] "Abolitionism AND THE ROLE OF INDIGENOUS COMMUNITIES. " Sánchez Romero, Houed Vega, Chirino Sánchez .- Teachers
[2]
Article 8 1 . When implementing national legislation to the peoples concerned shall take due account of their customs or customary laws.
2. These peoples shall have the right to retain their own customs and institutions, provided that these are not incompatible with fundamental rights defined by the legal system with national or internationally recognized human rights. Whenever necessary, procedures should be established to resolve conflicts that may arise in the application of this principle.
3. The application of paragraphs 1 and 2 of this Article shall not prevent members of these peoples from exercising the rights granted to all citizens and from assuming the corresponding duties.
Article 9 1. To the extent that it is compatible with the national legal system and internationally recognized human rights, methods shall be respected by the peoples concerned for the punishment of crimes committed by their members.
2. The authorities and courts to rule on criminal matters should take into account the customs of indigenous peoples in the area.
Article 10 1. In imposing penalties laid down by general law on members of these peoples should take into account their economic, social and cultural rights.
2. Must preference given to methods of punishment other than imprisonment.
[3] RIGHTS OF INDIGENOUS PEOPLES AND CRIMINAL PROCEDURE REFORM -Cases of Chile and Guatemala-
[4] The application of Convention No. 169 by international and national courts in Latin America-A Compilation case. ( PROGRAM TO PROMOTE THE CONVENTION NO. 169 OF THE ILO
Tuesday, June 8, 2010
How Much Cost A Topsy Turvy Cake
Law 25,434 and its influence on the regulation of personal requisition KANG
is already in the box of Yahoo, the text of M. Bertelotti to class Thursday.
Sunday, June 6, 2010
Not To Renew Employment Contract
After the acquittal of the accused by a Federal Court of the Province of San Luis, in order for the crime of smuggling, the Justice Department and the AFIP, as the complainant lodged an appeal, based on the fact that production had been rejected evidentiary measures, which had been considered settling for the resolution of the case by the trial court.
The Chamber III of the Court of Appeals decided to overturn the abolutoria, ordering the departure of the Federal Court and the realization of a new debate. The defense concluded
special appeal, with their subsequent complaint for denial, posing as a grievance that the nullity of the acquittal and order a new trial, it was a violation of ne bis in idem.
the Supreme Court by four votes to three, decided to annul the decision of the appeal, and ordered that court to try the wrong that had been raised by the defense, for the purpose for which the guarantee would ne bis in idem, the realization of a new trial, due to the commission annulled the acquittal.
So while the Court does not enter into the substance of the matter, ordering it to do so Cassation, introduces an approach that seems to advance what his position at the time of failure on the central issue of the case. Thus, in considering the appeal decision as "comparable to final" states that: This constitutional rule [Relative to the NBI] not only forbids the application of a second punishment for the same reasons but also "exposure to risk that this occurs" (...) so that the decision under appeal is comparable to the end, then in that respect the guarantee in question is intended to govern pre-judgment decisions final. Indeed, when the time of the final decision, despite being acquitted, it would be futile to consider the grievance raised by the defense, because by then the "risk" of being subjected to a new trial will have been finalized .
However, following this ruling of the Court, intervene in the case the Court of the Chamber of Cassation, which dictates a new bug and this time, of Cassation rejected the appeal filed by the fiscal first and complaints .
In dissent, Dr. Madu is the case as a possible violation of the guarantee of the accused to be tried within a reasonable time, concluding that the case had not been affected by his security. Regarding the ne bis in idem, says that " resources were brought against a decision appealed by those who were entitled to it, and under the powers under Arts. 456, 458 and 460 of the CPP, which determna rejection grievance in question. "
However, various arguments were mostly made by Drs. Rodriguez Basavilbaso and Catucci. By appointment failures such as "Mattei", as well as dissent from Petracchi in Acosta (323:929), expressed that "non-recognition the acquittal as a result of fiscal resource for the accused would risk a new trial who had passed successfully validated and can not be compelled to stand again whatever the nature of the errors that the State had committed in its earlier attempt to bring a conviction. "
added that" Both the progressive principle of estoppel as preclude the possibility of retrogression of the process and apply to the extent that, in addition to having observed the essential forms of the trial, declared invalid is not a consequence of an attributable to the defendant. "
Finally, they stated: "From the foundation material guarantee against multiple prosecution is not possible to allow the State, with all its resources and power, perform repeated efforts to convict an individual for an alleged offense, thereby subjecting inconvenience, expense and suffering, and forced to live in a constant state of anxiety and insecurity, and increase also the possibility that even though innocent, found guilty. "
" The state has no right to a retrial when he who creates these errors, because the situation is comparable to cases where it has failed to present the case . "
is
is
under these arguments that the Court of the National Chamber of Criminal Appeal overturned the earlier ruling that had overturned the acquittal, concluding that it had injured the defendant's right not to be tried twice for the same act, being that this guarantee is effective from the accused becomes entitled to that found him guilty or innocent of the act for which he was charged, provided they are observed the essential forms of trial and determine a new one cause he is not responsible.
But after Cassation expressed in this way, the Court has again issued in case of similar characteristics. (At least as far as I could determine, I will if you have any different information.) It would be great, in my view, that issue having been resolved by the Court of Cassation, the Court will delve more on the subject, get into the merits of the problematic issue for the reference and the ne bis in idem.
But after Cassation expressed in this way, the Court has again issued in case of similar characteristics. (At least as far as I could determine, I will if you have any different information.) It would be great, in my view, that issue having been resolved by the Court of Cassation, the Court will delve more on the subject, get into the merits of the problematic issue for the reference and the ne bis in idem.
****
While the intention was to summarize the case Kang, mail sent to yahoo, if someone likes to read, the Court ruling and the "Second Appeal."
M. Daniel Biau
Saturday, June 5, 2010
How To Put A Snowplow On A Rc Car
FAILURE TO RAPE "NE BIS IN IDEM? Jurors in video
THEORY
The principle of ne bis in idem is a constitutional guarantee of legal certainty, for the defendant established to prevent double jeopardy.
is enshrined in our law in unlisted securities but stems from the people's sovereignty and the republican form of government (Art. 33, CN), emanating from the defense or right of equality before the law. At the international level is embodied in Article 8.4 explicitly ACHR and ICCPR Article 14.7, both with constitutional status (Art. 75, paragraph 22, CN).
From a wide stance formulation of the principle states: "no one can be criminally prosecuted more than once for the same offense."
Thus the use of the term "criminal prosecution" absolutely prevents any possibility of review against the accused and the prosecution to reopen an already exhausted and prosecution simultaneously, providing extensive protection to the accused, without distinction of the state in which the process is.
To establish whether there is an affectation of the guarantee is necessary to determine the identity of person, object and cause. Referring to the objective identity , ie to determine whether we face the very fact we should look at it as real event (not a fact has to be verified, but attached only to exist, that is, hypothetically asserted as real), which happens in one place at one time or certain period without the possibility of subsumption in different legal concepts affecting the rule, allowing new prosecution, under a different assessment of the above.
Made the above clarifications, as a next step we will analyze the movie "Double Jeopardy ."
is possible that many of you have seen it, since it is a film that is 11 years old. Anyway basically tell what it is without advancing the end in case anyone wants to see.
The main character, Libby, is accused of killing her husband, being found guilty by a jury and convicted for it.
already in the criminal discovers that her husband was actually alive. After
discuss this with some colleagues, receives from the internal one of the following "advice":
That information then passes it her husband, Nick, the day they finally get to find:
already noted, even the name of the movie, you can analyze the facts relating to the security of ne bis in idem .
Without pretending to have what happens in the film, we analyze whether Libby case actually kill her husband would be effectively covered by the ban multiple criminal prosecution, as they understand their partner's criminal probation officer.
To our knowledge, not have violation of ne bis in idem if Libby is being prosecuted for the second (in indeed, only) done. This because we believe that these are two very different events (ie, no objective identity), beyond which the victim is the same and the offense for which they are charged (murder) as well. A first event, that really did not happen and for which she was wrongfully convicted and the other occurred six years later, that would clearly be a different historical event.
Anyway, we the following question arises: Since it is logically impossible that a person may be a victim of homicide than once (as may occur with other crimes, eg. Injury, theft, fraud, etc.) Would it be fair that Libby go to jail for killing her husband, when he was deprived of his liberty for doing so supposedly before ?, Ie, probably many of you, just like us, find it unfair that the State pay this woman again, after noticing the injustice of the first closure.
So what is the solution?, "To compensate women for the years of unjust imprisonment that has endured and enclose it again, or does just that solution would be proposing Bovine remand if they were not convicted ie give them a "voucher" by which they can commit a crime punishable corresponds to the time for which they were deprived of freedom?. In this case, would it be fair to give the woman a "voucher" to effectively kill your husband without going to jail this time?.
COURT:
is issued the following applies for Libby to commit the murder of her husband Nick.
Paraboni, Carolina Cardoso.
Wednesday, June 2, 2010
How Does Someone Slip Into A Coma
Here we are some videos: First, a brief review of the play "12 Angry Men" (which led to the film), then some videos about the implementation of jury trials in the provinces Chubut and Neuquén. In these 3 videos we think is very well explained the positives of implementing this system of prosecution.
Christian Calleja - Miguel Andrés Fucarile
Princess Cruise Line Audition Dates
THE JURY:
is a group of laymen juces right no permanents, judging on facts and give a verdict of innocence or guilt, a verdict which, in first case, closing the penal power of the state and, second, allowing frees one or more permanents judges, professionals, apply a penalty (Goransky, p. 113)
The best argument the institution of trial by jury that the author gives us, in my opinion, is one that says: is not that lay people are right more just to issue a ruling that legal experts, but only have to suffer punishment for a crime because the person whose guilt is made evident to the same intelligence and common sense natural legal persons elected from among the people.
Killing Time
This movie is a girl of color 10 years Tonya, who is brutally attacked and raped by two white men in Mississippi town of Clanton. Prior to the trial, Tonia's father, Carl Lee, the assassin. Jake Brigance, a young lawyer, takes Carl Lee's defense to avoid being executed in the electric chair.
Here I give an excerpt from the film A Time to Kill based on the book A Time to Kill by John Grisham.
This is the translation of my favorite Grisham's original book for que puedan apreciar el proceso de selección de Jurados en EE.UU
(...) Jake spent the next few weeks preparing for trial. Had an important job: to find the best judge to judge Carl Lee.
Together with its partners, Jake studied the list of names trying to decide which were best suited to choose from. Knew Buckley, the prosecutor would seek to empanel a jury, composed exclusively of white people find a car read guilty.
(...) The jury selection process was an arduous and complicated. One hundred and fourteen people were called to meet its citizens work. The first twenty were rejected it have partial burning crosses burning in their gardens. That still left 94 jurors.
Each lawyer had right to interview each prospective juror. Buckley began with a list of 100 questions. (...) Jake had a difficult task after interrogation three hours of the Prosecutor. His first question showed that he wanted to simplify things: "Ladies and gentlemen, some of you believe that Insania defense should not be used in a murder trial?"
potential jurors looked at each other, some seem confused. Jake looked at carefully, he knew that many of them looked shocked, but I also knew that at this time each prospective juror if his client was thought might be insane. He had already planted the seeds of insanity. And decided to terminate the interrogation.
(...) Now that the list of potential jurors had been agreed, the next stage of selection could begin. The judge and the lawyers left the room and went to the judge's office. Noose, the judge looked at the lawyers and said:
"Gentlemen, are you ready?. Well. As this is a case of homicide each of you has the right to reject 12 potential members offered by the other party "(...)
(...) When the final jury was chosen, and the Noose lawyers returned to their places. Your honor named aloud the names of the 12 jurors and they were slowly toward the jury box . Ten women, two men, all white. People of color in the courtroom looked at each other puzzled.
"Tell me: is this the jury that you chose?" I asked Jake ... Carl Lee
Romina Andrea Escolá
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