TRANSFORMATION OF INVESTIGATION ERRORS IN CRIMINAL LEGAL PRОCEEDINGS
Author(s) -
O. Yu. Bululukov
Publication year - 2016
Publication title -
theory and practice of forensic science and criminalistics
Language(s) - English
Resource type - Journals
eISSN - 2708-5171
pISSN - 1993-0917
DOI - 10.32353/khrife.2015.06
Subject(s) - conformity , psychology , conviction , perception , social psychology , identity (music) , verdict , subject (documents) , mental state , law , political science , cognitive psychology , physics , neuroscience , library science , acoustics , computer science
The article deals with the notion of a judicial error which is referred to as an inconsistency between the verdict and the situation of the committed offense, the person of the offender and the eventual consequences. It also enumerates factors that may result in judicial errors and they include the following: peculiarities of the judge’s psychological traits; the judge’s perception of the public danger that the committed crime may have; obstructions from potential stakeholders’; the investigator S tactical errors that were made at the pre-trial investigation stage. The article suggests two classifications of judicial errors. It also describes the notion of the judge’s «inner conviction» and determines its role in the emergence of the transformation of errors. The article specifies that the formation of inner convictions is influenced by subjective and objective factors. Subjective factors include: the subject’s mental state; character and temperament; aptitude of solving intellectual tasks; life and professional experience; conformity level; emotional state. Objective factors include: the influence of the environment; the severity and danger of the committed crime; the criminal’s identity. The article is the first to describe the notion of the judge’s «gender» and its influence on making court decisions.
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