Obtaining Evidence across National Boundaries

Clinical forensic medicine is best defined as the application of forensic medical knowledge and techniques to the solution of law in the investigation of trauma involving living victims [1, 2, 3, 4, 5]. In the setting of emergency departments, these techniques include the correct forensic evaluation, documentation, and photography of traumatic injuries, as well as the recognition and proper handling of evidentiary material for future use in legal proceedings [1, 2, 3, 4, 5, 6, 7, 8].

The present report is an examination and evaluation of the importance and applicability of Goffman's Asylums three decades after its first publication. The book has achieved classic status due to its extensive academic citation, anthology reprinting, use in legal proceedings, and public influence. However, over the years the accuracy and generalizability of Goffman's total institution model of mental hospitals have been seriously questioned. An analysis of the criticisms of Goffman's theories, methods, and conclusions suggested that his work was biased and deficient in a number of ways but at times was misinterpreted or misrepresented. As a research study Asylums may be outdated and of little value to mental health practitioners due to the revolutionary changes in psychiatry that have occurred since the mid-1950s. As an academic work, however, Asylums continues to enjoy a high reputation perhaps because of its theoretical utility and teaching value as well as the popularity of Goffman's many other published works. The total institution model may have been limited from the start and doubts remain as to its validity today, but the longevity of Asylums is assured as Goffman's picture of mental hospitalization is firmly planted in the minds of sociologists, psychiatrists, patients' rights advocates, and students of formal organizations.

Many individual elements comprise a typical forensics process. Collecting evidence, analyzing it, and using results to draw conclusions are all mutually distinct endeavors. Different physical locations and personnel are involved, juxtaposed against an acute need for security and data integrity. Using digital technologies and the Internet's ubiquity, these diverse elements can be conjoined using digital data as the common element. This result is a new data management process that can be applied to serve all elements of the community. The first step is recognition of a forensics lifecycle. Evidence gathering, analysis, storage, and use in legal proceedings are actually just distinct parts of a single end-to-end process, and thus, it is hypothesized that a single data system that can also accommodate each constituent phase using common network and security protocols. This paper introduces the idea of web-based Central Data Repository. Its cornerstone is anywhere, anytime Internet upload, viewing, and report distribution. Archives exist indefinitely after being created, and high-strength security and encryption protect data and ensure subsequent case file additions do not violate chain-of-custody or other handling provisions. Several legal precedents have been established for using digital information in courts of law, and in fact, effective prosecution of cyber crimes absolutely relies on its use. An example is a US Department of Agriculture division's use of digital images to back up its inspection process, with pictures and information retained on secure servers to enforce the Perishable Agricultural Commodities Act. Forensics is a cumulative process. Secure, web-based data management solutions, such as the Central Data Repository postulated here, can support each process step. Logically marrying digital technologies with Internet accessibility should help nurture a thought process to explore alternatives that make forensics data accessible to authorized individuals, whenever and wherever they need it.© (2002) COPYRIGHT SPIE--The International Society for Optical Engineering. Downloading of the abstract is permitted for personal use only.

Digital forensics involves the identification, preservation, analysis and presentation of electronic evidence for use in legal proceedings. In the presence of contradictory evidence, forensic investigators need a means to determine which evidence can be trusted. This is particularly true in a trust model environment where computerised agents may make trust-based decisions that influence interactions within the system. This paper focuses on the analysis of evidence in trust-based environments and the determination of the degree to which evidence can be trusted. The trust model proposed in this work may be implemented in a tool for conducting trust-based forensic investigations. The model takes into account the trust environment and parameters that influence interactions in a computer network being investigated. Also, it allows for crimes to be reenacted to create more substantial evidentiary proof.KeywordsTrust modelsforensic investigationsdigital evidence

This book examines the fundamental juridical nature, classification and enforcement of choice of court agreements in international commercial litigation. It is the first full length attempt to integrate the comparative and doctrinal analysis of choice of court agreements under the Brussels I Recast Regulation, the Hague Convention on Choice of Court Agreements ('Hague Convention') and the English common law jurisdictional regime into a theoretical framework. In this regard, the book analyses the impact of a multilateral and regulatory conception of private international law on the private law enforcement of choice of court agreements before the English courts. In the process, it both pre-empts and offers innovative solutions to issues that may arise under the jurisprudence of the emergent Brussels I Recast Regulation and the Hague Convention. The need to understand the nature and enforcement of choice of court agreements before the English courts from the perspective of the EU private international law regime and the Hague Convention cannot be understated. This important new study aims to fill an existing gap in the literature in relation to an account of choice of court agreements which explores and reconnects arguments drawn from international legal theory with legal practice. However, the scope of the work remains most relevant for cross border commercial lawyers interested in crafting pragmatic solutions to the conflicts of jurisdictions. - See more at: http://www.bloomsburyprofessional.com/uk/the-nature-and-enforcement-of-choice-of-court-agreements-9781509914463/#sthash.eUk8puZk.dpuf

In a rapidly globalizing economy, and particularly in the face of a process of economic integration such as that occurring in the EU, regions forge an increasing number of linkages with other locations within and across national boundaries through the local technological development efforts of multinational corporations (MNCs). By using a database of patents granted to the largest firms by the US Patent and Trademark Office (USPTO), we have shown in previous research that the pattern of MNC networks for innovation conforms to an internal (within national boundaries) hierarchy of regional centres. In this paper the hypothesis of the combined significance of cumulativeness and incremental change in innovation is examined by testing the extent of continuity in the sectoral composition of technological profiles of different EU regional centres between the 1970s and the 1990s. The results provide support for our hypothesis that a geographical hierarchy of regional locations can be established also across national boundaries within the EU. It is shown that the core European regions can be divided into two kinds—those in which MNCs have consolidated areas of traditional specialisation for the regions in question, and those in which there has been a shift towards (and a relative growth of) the development of fields of high technological opportunities.

This article examines the extraterritorial reach of international human rights treaties, as a way to hold accountable states that perform human rights violations outside of their national boundaries. In order to illustrate this, the case law of the European Court of Human Rights, the Inter-American Convention on Human Rights and the International Covenant on Civil and Political Rights are discussed. The final aim of the article is to show that the notion of jurisdiction in international human rights treaties is to be interpreted in light of their distinct purpose.

report, topic is very broad and forms in itself alone a great part of private international law.1 Although the Netherlands's government memorandum that was distributed with the note calling the Conference in August 1893 addressed, in the procedural area, only the possibility of an international agreement with respect to foreign judgments based upon uniform rules of territorial jurisdiction of the courts, the commission decided that it did not have enough time to reach agreement on judicial jurisdiction. Thus, it limited itself, for the moment, to preparing a draft agreement on service of judicial documents and on the execution of letters of request. Despite the fact that the original program for the Conference's first session was heavily weighted with family law and general principles of the conflict of laws, articles on service of process and taking of evidence abroad were the first to be drafted. These articles, with the addition of chapters on deposits for costs, legal aid, and physical detention of foreign debtors, formed the nucleus of the first Hague Convention to be fully drafted and to enter into force. The package as a whole, referred to as the Convention on Civil Procedure with additional Protocol, was adopted in the final act of the Conference's second session in 1894. It was signed November 14, 1896, and the Convention entered into force on May 23, 1899, coinciding with the first Hague Peace Conference. This first successful Hague Convention, ratified by fourteen European countries ranging from Portugal to Russia and from Norway to Romania, laid the groundwork for the conclusion of five family law Conventions at the Conference's third and fourth sessions in 1900 and 1904. Also, a revised version of the Convention on Civil Procedure was signed on July 17, 1905. The 1905 version of this Convention remains in force today, controlling relations between countries that have not both ratified the Civil Procedure Convention of March 1, 1954. This 1954 Convention2 remains in force among thirty countries. Its chapters on service of documents abroad and on the taking of evidence abroad were replaced, however, by the 1965 and 1970 Conventions, respectively, and

I use records on commercial litigation in New South Wales to assess the role of norms and social capital during economic development. The data indicate that total disputes fell over time, whereas the rate of out of court settlements increased. Litigation rates were initially higher in frontier areas that arguably needed to adapt institutions to new circumstances because norms and standards were as yet undeveloped. The fraction of settled cases was significantly lower in frontier areas and areas without market access. Patterns related to jury trials, plaintiff recovery rates, and attorney representation are also assessed. The results are consistent with the theory that cooperative solutions emerge as areas gain access to markets, and suggest that order and law are complementary inputs into the process of economic development.

The article is dedicated to the (still relatively unknown) EU Regulation 2016/1191. The Regulation disposes of some of the formalities with respect to circulation of the public documents within EU. In particular, no legalization in any form, including the apostille under the Hague Convention, will be needed with respect to documents covered by the Regulation. Unliked originally planned by the Commission, the Regulation does not, unfortunately, completes a more challenging goal of mandating recognition of the civil status throughout the Union. This issue still remains subject to national conflict-of-law rules. Moreover, the scope of Regulation is relatively narrow. It does not, again regrettably, apply to many public documents which are crucial in cross-border transactions (excerpts from commercial registers, powers of attorney for sale of immovable property). The author analyses to what extent Regulation 2016/1191 offers progress in circulation of documents. This question is first raised in light of the long standing application of the Hague Apostille Convention. The author then attempts to discern the effective role of the Regulation given the fact that under Article 1138 of the Polish Code of Civil Procedure, no legalization in any form is in principle required for the foreign public documents to be treated as authentic and official proof in Poland (although the practice often is to ask for the apostille even if not required by law). Still, the Regulation 2016/1138 might come of assistance for the parties in some respects. First, it will facilitate acceptance of Polish public documents in those Member States, which have so far required apostille. Second, the Regulation may help to overcome an incorrect practice in Poland of requiring apostille by the officials, where Article 1138 actually dispenses of such formality. Third, the Regulation introduces an administrative cooperation based on the IMI system which allows to verify doubts as to the authenticity of the public document from another Member States. This last feature of the Regulation, it is argued, may prove of its true value to the freedom of circulation of public documents within the EU.

This article is devoted to the study of the principle of the best interests of the child in the context of judicial disputes, with an emphasis on international legal approaches and recommendations. In the context of globalization and population mobility, issues of protecting children’s rights in legal proceedings are becoming increasingly relevant. Key international documents are analyzed, such as the Convention on the Rights of the Child and the Hague Convention on the Civil Aspects of International Child Abduc tion. The importance of a comprehensive approach to protecting children’s rights in legal disputes is highlighted, taking into account their unique needs and circumstances, as well as the necessity of harmonizing national and in ternational standards to effectively ensure the most favorable conditions for a child’s growth and development.

This article aims to examine the legal and policy challenges associated with adopting an electronic voting (e-voting) system in Nigeria’s electoral process. Nigeria, Africa’s largest democracy, has for many years been held down by issues of election fraud, thuggery, violence as seen in past manual elections in the country. The article argues that, if properly implemented and financed, e-election offers great promise and potential as the panacea for voter fraud in Nigeria’s electoral system. First, it examines the theoretical, legal and constitutional basis for e-voting. Second, drawing lessons from other jurisdictions, it analyses practical challenges for the implementation and adoption of an e-voting system in Nigeria. These challenges include the possible compromise of e-voting devices, by viruses or other malicious software; manipulation by people with privileged access to the system, either system developers, system administrators or malicious hackers; denial-of-service attacks (attacks that result in the e-voting facility being disabled or otherwise unavailable for voters to use); lack of adequate supervision mechanisms; and the difficulties of proving electronic attacks in courts of law among other things. Many of these problems are beyond the contemplation of and, therefore, are unaddressed by Nigeria’s Electoral Act, making the law currently incapable and unsuitable to effectively respond to these problems. The article calls for a reform of the Nigerian Electoral Act to better address peculiar legal and constitutional challenges associated with e-voting systems.Keywords: E-elections, Hacking, Democracy, Election Piloting

After implementation of Directive 2014/41 by the EU Member States (bound by the Directive) in 2017 and the first half of 2018, the European Investigation Order (EIO) has become the core instrument for obtaining evidence located in another EU Member State. The EIO simplifies and accelerates cross-border investigations, but practical and legal challenges remain. Such challenges as well as first experiences and best practices in the application of the EIO were discussed among practitioners at a meeting organised by Eurojust in September 2018. This article summarises the main results of the meeting. Participants acknowledged the need to interpret national law in light of EU law, in line with the principles of mutual recognition and mutual trust, but also underlined the challenge of constantly searching for legally sound and practically feasible solutions between different national legal systems. They agreed on the importance of an overall pragmatic and flexible approach. Views diverged on several topics (e.g. the speciality rule, costs in the context of the proportionality test), but coincided on many others. Recommendations relate inter alia to the scope of the EIO, the use of the forms, the language regime and time limits. Participants envisaged that the support of Eurojust in relation to EIOs will probably be higher, when compared to the MLA regime, as more consultations are foreseen in the EIO Directive. Whilst participants acknowledged that “direct contact” amongst judicial authorities is the core principle of the Directive, they strongly believed that, in bilateral cases, Eurojust’s bridge-making role can facilitate communication between the judicial authorities involved if one of the consultation procedures is triggered and that, moreover, in complex multilateral cases Eurojust has a unique and important coordinating role.

The regulation of cross border civil and commercial litigation is a burgeoning EU policy area. Legislative measures and other initiatives now provide a framework for the regulation of cross border service of documents, obtaining evidence, establishing jurisdiction and enforcement of judgments, enforcement orders, legal aid, alternative dispute resolution, payment orders, and small claims. In addition, overarching measures have been created or proposed including the creation of a judicial network and judicial training structures. This book offers a detailed analysis of the EU's activity in procedural harmonization, spanning civil procedure, private international law, and European law. It situates the development of the policy area called judicial cooperation in civil matters and its regulation in relation to broader themes of the European integration process: market building, citizenship, fundamental rights, subsidiarity, and governance. It provides detailed analysis of the legislative measures and assesses their impact on fundamental principles of civil justice, including due process rights. The case-law in the area is also analysed as well as the introduction of the principle of mutual recognition. The book concludes with comparative analysis of the EU's approach with broader international efforts for procedural harmonization.

In the international world, and sometimes in the domestic one as well, lawyers tend to live on comfortable but unchecked assumptions. I have regularly been faced over the years with the following statement, usually uttered, for some unknown reason, by elderly ladies: ‘My father, who was a solicitor, always told me that on the continent the accused was presumed to be guilty and had to prove his innocence, whereas in England the accused is assumed to be innocent unless he is proved guilty’. Strangely I have never been told the same thing by offspring of the other branch of the legal profession. Another such assumption is the widespread opinion that civil procedure in Civil Law countries is inquisitorial, whereas this popish inheritance has been healthily rejected by Common Law countries, whose procedure is purely accusatorial. As with many such trenchant generalities, this proposition is to some extent correct, but, in my humble submission, to a greater extent incorrect. It is the advantage of a discussion such as this that it gives us an opportunity to try to present things as they are, and the best way to do this is to compare them from a practical point of view. My first remark is that there is no such thing as ‘ Civil Law procedure ’ in civil and commercial litigation. In Common Law countries, there are undoubtedly certain common basic principles of procedure, which go back to the procedure practised in the English Courts. In continental Europe, there is no such common origin. In each country, one finds a different blend of civil procedure, largely influenced by local custom, the legal education received by judges and by counsel, and, to a varied extent, by the influence of the procedure practised in the old ecclesiastical courts, although such courts were abolished, …