Journal of Legal Studies and Criminal Justice

Examining the Significance of Saliva and Sweat in Forensic Science

Muskan Jain — 2020-06-21

Forensic science plays a very crucial role in establishing the links between the series of evidences and body of facts. This article argues that personal identification is that important concept of forensic science which is responsible for the identification of victim as well as the culprit. After the concept of blood examination as an important body fluid, saliva is emerging as an attention gaining fluid for the forensic scientist. This article aims to study that saliva is a source of wider scope in the medico-legal field and having a vast role in serological testing, crime detection, drug and alcohol abuse, hormone analysis, poisoning cases, unknown animal bites. Sweat has its own unique identification feature as an average square of skin has 650 sweat glands, which is itself a unique identification just like the fingerprints and this number varies from person to person. Saliva and sweat are easy to handle and analysis. Sweat is very hard to find and collect, that is why, it has a limited scope. These two body fluids are alternative and very useful body fluids in the study of forensic science.

Theory of Utility and the Modern Legislation: A study of application of Bentham’s Utilitarian Theory

Susree Sinha — 2020-06-21

The Jurisprudential theory of Jeremy Bentham, though have been considered way too old, especially in the socialist countries the Theory of Utility, might have been disregarded as unacceptable on the grounds that only the thoughts about pain and pleasure might not be the sole interest of the country. The country’s welfare might not be measured in the quantum of happiness to majority and grief and pain to minorities. However, it cannot be totally waived and be done away with. For how can social welfare legislations be not measured on the quantum of maximum pleasure and minimum pain? The essence of Bentham’s theory and his philosophy is retained by the world even in today’s modern day legislation. It is human nature to take a step forward when he can measure the risk and the gain of that direction. Thereby the modern day man is much more a hedonistic calculus. This research aims at reflecting the various juncture whereby the modern day legislations, directives, judgments and policies draw their essence from the Theory of Utility.

Rules of natural justice with emphasis on Nemo Judex in Causa Sua: An insight into administrative law

Shreya Srivastava — 2020-06-21

“It is the spirit and not the form of law that keeps justice alive”. Earl Warren

This paper contains a brief overview of the concept of Natural Justice and how the two rules of Audi Alteram Partem and Nemo debet esse judex in popria causa forms the integral part of it. Briefly there are three rules that in totality defines Natural Justice – The first being the “rule of hearing” whereby the opportunity to be heard is to be given to all parson where a decision is let out by the panel or adjudicating authority. Second is the “rule against bias” whereby the deciding authority should be free from any kind of bias while deciding a matter; and Lastly, the “reasoned decision” whereby reasonableness is one vital ground to be kept in mind while deciding a matter This article consists of two major parts; one that defines the principle of Natural Justice tracing its origin and development through judicial trends and the second part focusing majorly on the Rule against Bias, the origin and evolution and trends in the judicial procedures while deciding cases affecting the rights of individuals and questioning the validity of actions of the administrative authority that has civil consequence; and ultimately the conclusion that ends the topic with the controversies that surround the principle.

Teaching Methods in Law

Madhumita Acharjee — 2020-06-21

Teaching is a very tedious job if someone does not know how to teach. A teacher plays a pivotal role in a student’s life to be played in different capacities such as a friend, philosopher, guide depending on the situation and circumstances. Teaching whether in school or higher education institutions requires a lot of hard work, perseverance and dedication on the part of the teacher. The six-letter word teacher can be denoted as T-Tolerant, E-Energetic, A-Awesome, C-Caring, H-Helpful, E-Enthusiastic, and R-Responsible, an effective teacher needs to have all these qualities. Teaching in higher educational institutions is becoming very difficult these days as there are plenty of knowledge available very easily at a single click which is both a blessing and a boon for a teacher. Blessing in the sense that unlike earlier times when a teacher had to confine his or her understanding and knowledge within few books, these days a lot of relevant and endangered e-resources are available for a teacher which ensures a comprehensive understanding about any topic before disseminating the knowledge to the students. But this can also be said to be a boon as the available content turns to be a limitation for the teacher not to develop an analytical understanding of the subject. Moreover, the student can also easily access the materials which may be a hindrance to the creativity of thoughts and free flow of knowledge. Teaching law involves a lot of techniques, methods and skill. Being a unique degree which when offered as 3Year, LL.B., 5 Year B.A.LL.B (Hons), B.Com. LL.B.(Hons), BSc. LL.B. (Hons) etc., is known as a professional degree. But, in LL.M. which is again designed both as 1 Year Degree or 2 Year Degree is more of an academic degree.

Constitutional Equality: Mythical or Factual?

Ramila Rajpurohit — 2020-06-21

A very significant character of this paper is, that the researcher has made her painstaking efforts to stave off the curving of work to any particular segment. Every discussion and findings made in this paper covers every under the classed and unheeded section of society. Through, this piece of work researcher tends to bundle up the segments which are devoid of privileges provided in policies of Equality. Constitution of India talks about Equality, but in the real sense, the concept of equality is sketchy as provided in the Constitution of India. Legal jurisprudence provided equality incomplete without the essence of Equity. A Copernican question arises in the implementation is that “whether mere treating everyone equal is sufficient to bring harmony in society?” A general understanding of the scenario presents a different opinion to harmonize society. Equality will work only if it followed with Equity, in furtherance of it India needs to formulate numerous laws in required area.

Unravelling the translucent theories on espionage: A periodical study on Crime and Security

Abhisekh Rodricks — 2020-07-26

The concept of human based Espionage has grown between nation-states since the time of ancient civilisations thus the same is not a new phenomenon, but in the last few decades the globe has moved into an absolutely new dimension of spying through artificial intelligence and internet system aptly known as cyber espionage. This futuristic form of espionage has brought the global sphere into their control tackling national security, affecting the economic and political relationships between nation-states as well as changing the shape of modern warfare. Therefore, in spite of the advantages brought about by modern technology, there is a whole new set of problems as well. This paper provides some background on cyber espionage, including what it is, how it works, how it is used, and who is using it. This paper tends to analyse and identify how cyber espionage is affecting the world today and describe some possible methods for nation-states to create policies keeping in mind citizen privacy against cyber-attacks.