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Sample records for content cybercrimes criminality

  1. When should virtual cybercrime be brought under the scope of the criminal law?

    Strikwerda, Litska; Rogers, Marcus; Seigfried-Spellar, Kathryn C.

    2012-01-01

    This paper is about the question when virtual cybercrime should be brought under the scope of the criminal law. By virtual cybercrime I mean crime that involves a specific aspect of computers or computer networks: virtuality. Examples of virtual cybercrime are: virtual child pornography, theft of

  2. Cybercrime

    WODC

    2004-01-01

    Cybercrime ofwel computer- en internetcriminaliteit is in een luttel aantal jaren uitgegroeid tot een verschijnsel waarmee iedere computergebruiker bijna dagelijks wordt geconfronteerd. De gevolgen van bijvoorbeeld spam en (vooralsnog toegestane) spionagesoftware mogen dan meestal beperkt blijven en

  3. Should virtual cybercrime be regulated by means of criminal law? A philosophical, legal-economic, pragmatic and constitutional dimension

    Strikwerda, Litska

    2014-01-01

    This paper will be about the question of whether or not virtual cybercrime should be regulated by means of criminal law. By virtual cybercrime I mean activities such as the stealing of virtual property or the killing of an avatar (a player's virtual representation) within the virtual worlds of

  4. nalysis of the criminalization of cybercrime in Spanish-speaking countries

    Rojas Parra, Jaime Hernán

    2016-12-01

    Full Text Available This article proposes an analysis of the criminalization and prosecution of criminal conduct related to cybercrime in each of the 20 spanish-speaking countries worldwide, as well as the description of the normalization of its laws regarding instruments and international agreements related to the regulation of the use of information technology. This analysis is done from the following three perspectives: study of existing criminal law and force, identification of established computer crime, selection of computer crime with greater penalties and participation of each of the countries investigated in the agreement cybercrime Budapest (as a world reference in this field. It also, offered the tables and graphs comparisons between the countries being studied, whereby countries with major and minor amount of established computer crime and the range of maximum and minimum in each of the same penalty are identified countries.

  5. A Comparative Study of Cybercrime in Criminal Law: China, US, England, Singapore and the Council of Europe

    Q. Wang (Qianyun)

    2016-01-01

    markdownabstractThis research intends to unveil problems in the criminal law when dealing with cybercrime and explore possible solutions through comparative study of China, US, England, Singapore and the Council of Europe. Criminals have abused the convenience brought by information technology. When

  6. From Cybercrime to Cyborg Crime: Botnets as Hybrid Criminal Actor-Networks

    van der Wagen, Wytske; Pieters, Wolter

    2015-01-01

    Botnets, networks of infected computers controlled by a commander, increasingly play a role in a broad range of cybercrimes. Although often studied from technological perspectives, a criminological perspective could elucidate the organizational structure of botnets and how to counteract them.

  7. From Cybercrime to Cyborg Crime : Botnets as Hybrid Criminal Actor-Networks

    van der Wagen, Wytske; Pieters, Wolter

    2015-01-01

    Botnets, networks of infected computers controlled by a commander, increasingly play a role in a broad range of cybercrimes. Although often studied from technological perspectives, a criminological perspective could elucidate the organizational structure of botnets and how to counteract them.

  8. Vigilantism and cooperative criminal justice: : Is there a place for cybersecurity vigilantes in cybercrime fighting

    E Silva, Karine

    2017-01-01

    Are cybersecurity vigilantes at odds with criminal justice? Perhaps. In general terms, vigilantism could be understood as an act of retaliation launched by private agents in response to a perceived criminal conduct and targeting alleged perpetrators of a crime. This form of unofficial crime control

  9. Cybercrime, digital forensics and jurisdiction

    Chawki, Mohamed; Khan, Mohammad Ayoub; Tyagi, Sapna

    2015-01-01

    The purpose of law is to prevent the society from harm by declaring what conduct is criminal, and prescribing the punishment to be imposed for such conduct. The pervasiveness of the internet and its anonymous nature make cyberspace a lawless frontier where anarchy prevails. Historically, economic value has been assigned to visible and tangible assets. With the increasing appreciation that intangible data disseminated through an intangible medium can possess economic value, cybercrime is also being recognized as an economic asset. The Cybercrime, Digital Forensics  and Jurisdiction disseminate knowledge for everyone involved with understanding and preventing cybercrime - business entities, private citizens, and government agencies. The book is firmly rooted in the law demonstrating that a viable strategy to confront cybercrime must be international in scope.

  10. Exploring cybercrime – realities and challenges

    Victoria Stanciu

    2017-12-01

    Full Text Available Cybercrime is a global, transnational serious problem that needs strong technical and legal responses. The information represents an important asset that must be secured and properly used as it provides the support for value creation and sustainable development. Being a valuable asset, the information is exposed to continuous and virulent attacks conducted by cybercrime groups and significant financial and human resources must be allocated to the cybercrime limitation. The purpose of authors’ research was to get more knowledge about cybercrime and attacker’s behavior and to develop a discussion on the cyber security and the means of its improvement. The research results attempt to provide useful recommendations on countermeasures against cybercrime and raise the awareness of companies’ senior management and governments’ representatives on cyber criminality.

  11. Comment: Some Remarks on Ethiopia's New Cybercrime Legislation

    Ethiopia has been enacting various pieces of legislation, since recently, to regulate some aspects of the digital environment. The Cybercrime Proclamation of 2016 (Computer Crime Proclamation No.958/2016) is the most recent addition to the legal regime that criminalizes a range of cybercrimes. It has also introduced a ...

  12. Individual cybercrime offenders

    Weulen Kranenbarg, Marleen; van der Laan, André; de Poot, C.J.; Verhoeven, Maite; van der Wagen, Wytske; Weijters, Gijs; Leukfeldt, Rutger

    2017-01-01

    Weulen Kranenbarg, M., Laan, A. van der, Poot, C. de, Verhoeven, M., Wagen, W. van der, Weijters, G. (2017). Individual Cybercrime Offenders. In E.R. Leukfeldt (Ed.), Research Agenda: The Human Factor in Cybercrime and Cybersecurity. Den Haag: Eleven International Publishing.

  13. Cybercrime Victimisations/Criminalisation and Punishment

    Al-Nemrat, Ameer; Jahankhani, Hamid; Preston, David S.

    With the increased of use of the internet as a means of sharing information, the need to protect and preserve the confidentiality and integrity of data is ever more evident. The digital age provides not only established criminals with new ways of committing, but also has empowered previously non deviant individuals, into new cyber criminal behaviour. Many individuals are unaware of online threats and many fail to take advantage of precautionary measures to protect themselves from risks when they are online. Therefore, individuals consistently underestimate their risk of becoming victims or underestimate the punishment that may face if they are engaged on online deviant behaviour. This ongoing research has found that there is a relationship between individual's perception of cybercrime law and cybercrime victimisation and/or criminalisation.

  14. Recent Cybercrimes In Fiji

    Shireen Nisha

    2015-08-01

    Full Text Available In this age of digital natives we are immersed in digital information 247. Individuals organizations and government have their share of information systems to mange and use in the various processes of their digital existence. Being a small island state and still developing amidst various problems Fiji cannot afford losses due to cybercrime. This paper aims to create awareness in regards to some major cybercrimes in Fiji in the year 2016. We believe that the cases and solutions discussed will assist in enforcing better cyber security measures to prevent being victims of such cybercrimes in the future.

  15. Implementing the Provision of the European Council Convention on Cybercrime în the Romanian Legislation

    Gheorghe-Iulian IONITA

    2010-11-01

    Full Text Available The European concerns with respect to preventing and fighting cybercrime materialized in the Council of Europe Convention on Cybercrime. As a reflection of such concerns, the Draft onpreventing and fighting cybercrime was included in Title III of Romanian Law no. 161/2003. In the same context, most recommendations which incriminate cybercrimes were also entered in the futureRomanian Criminal Code as well. As in other countries, the implementation in the Romanian legislation of the convention provisions generated a number of problems which have been more orless noted and solved. This study attempts to pinpoint such problems.

  16. Terrorism and Cybercrime

    Chargualaf, Jr, Joseph

    2008-01-01

    .... However, what is not as well publicized is their use of the Internet to conduct cybercrimes such as identity theft and credit card fraud for the express intent of raising finds in support of terrorist...

  17. Ethiopia's New Cybercrime Legislation

    Kinfe Micheal Yilma

    Ethiopia introduced the first set of cybercrime rules with the enactment of the ... Information Network Security Agency (INSA)– released a draft comprehensive .... attention to the importance of cooperation with law enforcement bodies of other.

  18. DETERMINATION OF POTENTIAL CRIMINALS IN SOCIAL NETWORK

    Ceyhan, Eyüp Burak; Sağıroğlu, Şeref; Cesur, Ramazan; Kermen, Ayten

    2017-01-01

    This paper proposes a new approach to determine potential criminals by performing content analysis on Tweets. The analysis is done with the help of machine learning technologies and big data analysis. In this study, we have utilized from the MLP algorithm. A dataset consisting of 384 words are used to make the classification process. Dataset consist of two classes that are organized crime and cyber-crimes. In the analysis process, date, time, location values of sent twitter sharings are also ...

  19. Selected Trends of the Cybercrime

    Josef Požár

    2015-12-01

    Full Text Available The contribution paid particular attention to trends of the cybercrime in future period dedicated to combating negative phenomena in the context of cyberspace. The structure of article concern of definition of cybercrime, its legal classification especially choosing trends of cybercrime in future period.

  20. Understanding Cybercrime: A Phenomenological Study

    Sine, Lori M.

    2010-01-01

    Research done over the last 15 years has promoted the need for a concise, common definition of cybercrime. Hardesty and Ball (NW3C, 1996) contended that once a universal definition was agreed upon, common procedures for investigation could be established. Cybercrime training is also essential in the investigation of this type of crime. This…

  1. Approach To Solving Cybercrime And Cybersecurity

    Ayofe, Azeez Nureni; Oluwaseyifunmitan, Osunade

    2009-01-01

    Cybercrime is becoming ever more serious. Findings from 2002 Computer Crime and Security Survey show an upward trend that demonstrates a need for a timely review of existing approaches to fighting this new phenomenon in the information age. In this paper, we provide an overview of Cybercrime and present an international perspective on fighting Cybercrime. This work seeks to define the concept of cyber-crime, identify reasons for cyber-crime, how it can be eradicated, look at those involved an...

  2. Criminal groups and criminal subculture

    Romanova N.M.

    2013-01-01

    The paper provides a classification of criminal groups, structured by the following parameters: a) operation mode (secret/open), b) law-enforcement and administrative support (presence/absence). We describe four types of criminal groups: a) legitimized criminal organization, b) secret criminal organization engaged in illegal business, c) secret general crime group, and d) general crime group operating openly. The four types differ in the content of criminal subculture. Modern criminal subcult...

  3. SOCIAL-ECONOMIC ASPECTS OF CYBERCRIME

    Aleksandar Ilievski

    2016-09-01

    Full Text Available The purpose of the study is to highlight the main issues of developing countries regarding cybercrime and examine the possible link between weak economic development and escalating levels of cybercrime. The findings were established on the basis of literature review, comparative studies and the synthesis of findings. The existing sociological theories of crime are not limited to traditional crime and may be used for the interpretation of its cyber version. By analysing individual sociological theories and the results of empirical research, we found that social-economic factors, such as GDP per capita, unemployment and education, are closely related to the incidence of cybercrime in different countries. This enables us to conclude that the relatively poor economic development is one of the reasons contributing to a higher incidence of cybercrime in Eastern European countries. By taking into account factors of different nature, one could increase the understanding of cybercrime and the possibility of adopting and implementing reliable preventive measures. However, this paper strives not only to understand the factors related to cybercrime, but also to raise awareness, stimulate a proactive approach and develop preventive actions in the fight against cybercrime.

  4. Dealing with the Problem of Cybercrime

    Alkaabi, Ali; Mohay, George; McCullagh, Adrian; Chantler, Nicholas

    Lack of a universally accepted and comprehensive taxonomy of cybercrime seriously impedes international efforts to accurately identify, report and monitor cybercrime trends. There is, not surprisingly, a corresponding disconnect internationally on the cybercrime legislation front, a much more serious problem and one which the International Telecommunication Union (ITU) says requires 'the urgent attention of all nations'. Yet, and despite the existence of the Council of Europe Convention on Cybercrime, a proposal for a global cybercrime treaty was rejected by the United Nations (UN) as recently as April 2010. This paper presents a refined and comprehensive taxonomy of cybercrime and demonstrates its utility for widespread use. It analyses how the USA, the UK, Australia and the UAE align with the CoE Convention and finds that more needs to be done to achieve conformance. We conclude with an analysis of the approaches used in Australia, in Queensland, and in the UAE, in Abu Dhabi, to fight cybercrime and identify a number of shared problems.

  5. Cybercrimes: A Proposed Taxonomy and Challenges

    Harmandeep Singh Brar

    2018-01-01

    Full Text Available Cybersecurity is one of the most important concepts of cyberworld which provides protection to the cyberspace from various types of cybercrimes. This paper provides an updated survey of cybersecurity. We conduct the survey of security of recent prominent researches and categorize the recent incidents in context to various fundamental principles of cybersecurity. We have proposed a new taxonomy of cybercrime which can cover all types of cyberattacks. We have analyzed various cyberattacks as per the updated cybercrime taxonomy to identify the challenges in the field of cybersecurity and highlight various research directions as future work in this field.

  6. Book Review: Placing the Suspect behind the Keyboard: Using Digital Forensics and Investigative Techniques to Identify Cybercrime Suspects

    Thomas Nash

    2013-06-01

    Full Text Available Shavers, B. (2013. Placing the Suspect behind the Keyboard: Using Digital Forensics and Investigative Techniques to Identify Cybercrime Suspects. Waltham, MA: Elsevier, 290 pages, ISBN-978-1-59749-985-9, US$51.56. Includes bibliographical references and index.Reviewed by Detective Corporal Thomas Nash (tnash@bpdvt.org, Burlington Vermont Police Department, Internet Crime against Children Task Force. Adjunct Instructor, Champlain College, Burlington VT.In this must read for any aspiring novice cybercrime investigator as well as the seasoned professional computer guru alike, Brett Shaver takes the reader into the ever changing and dynamic world of Cybercrime investigation.  Shaver, an experienced criminal investigator, lays out the details and intricacies of a computer related crime investigation in a clear and concise manner in his new easy to read publication, Placing the Suspect behind the Keyboard. Using Digital Forensics and Investigative techniques to Identify Cybercrime Suspects. Shaver takes the reader from start to finish through each step of the investigative process in well organized and easy to follow sections, with real case file examples to reach the ultimate goal of any investigation: identifying the suspect and proving their guilt in the crime. Do not be fooled by the title. This excellent, easily accessible reference is beneficial to both criminal as well as civil investigations and should be in every investigator’s library regardless of their respective criminal or civil investigative responsibilities.(see PDF for full review

  7. TO FEAR OR NOT TO FEAR ON CYBERCRIME

    Igor Bernik

    2013-09-01

    Full Text Available To understand cybercrime and its various forms, one must be familiar with criminality in general. How individuals perceive crime, and how much they fear it is further influenced by news media (Crawford, 2007. Van Duyne (2009, who monitored criminality, wrote about changes which started to be noticed twenty years ago and have shaped a new Europe, a territory without inner borders, and so with more mobility and opportunities for the Europeans. But these novelties and changes in the way we work have also caused certain new problems. It can be said that perpetrators of crimes, who are no longer hindered by state borders, now know no geographical limitations. Vander Baken and Van Daele (2009, for example, have researched mobility in connection to transnational criminality. Von Lampe (2007 has established that perpetrators no longer act individually, but frequently work in cooperation with one another. Crime and mobility are being “greased” by money, and have become a part of everyday life (Van Duyne, 2009. An individual’s perception and understanding of criminality is also biased on certain cultural myths in regard to crime (Meško and Eman, 2009.

  8. Cybercrime and its challenges between reality and fiction. Where do we actually stand ?

    Simion Raluca

    2010-03-01

    Full Text Available When speaking about transnational crime, cybercrime represents one of the major threats posed globally. The present article tries therefore to offer an accurate overview of criminal policies in the field. It starts with some conceptual delimitation and then presents arguments for the specificity of computer criminality. Threats and responses are briefly introduced in the context and then the author speaks extensively about the regional and international approaches, the challenges brought by the high tech crime to the law enforcement agencies and the possible evolutions of regional and international measures to combat this type of crime.

  9. Process Control Security in the Cybercrime Information Exchange NICC

    Luiijf, H.A.M.

    2009-01-01

    Detecting, investigating and prosecuting cybercrime? Extremely important, but not really the solution for the problem. Prevention is better! The sectors that have joined the Cybercrime Information Exchange have accepted the challenge of ensuring the effectiveness of the (information) security of

  10. Deploying ICT with Entrepreneurship Culture can Fight Cyber-Crime ...

    Deploying ICT with Entrepreneurship Culture can Fight Cyber-Crime Menace ... Again he innovates, introducing new products & technologies by the ... Keywords: Cyber-crimes, entrepreneurs, compupreneur, firewalls, computer forensics, ICT, ...

  11. Big Five Personality Traits of Cybercrime Victims.

    van de Weijer, Steve G A; Leukfeldt, E Rutger

    2017-07-01

    The prevalence of cybercrime has increased rapidly over the last decades and has become part of the everyday life of citizens. It is, therefore, of great importance to gain more knowledge on the factors related to an increased or decreased likelihood of becoming a cybercrime victim. The current study adds to the existing body of knowledge using a large representative sample of Dutch individuals (N = 3,648) to study the relationship between cybercrime victimization and the key traits from the Big Five model of personality (i.e., extraversion, agreeableness, conscientiousness, emotional stability, and openness to experience). First, multinomial logistic regression analyses were used to examine the associations between the personality traits and three victim groups, that is, cybercrime victims versus nonvictims, traditional crime victims versus nonvictims, and cybercrime victims versus traditional crime victims. Next, logistic regression analyses were performed to predict victimization of cyber-dependent crimes (i.e., hacking and virus infection) and cyber-enabled crimes (i.e., online intimidation, online consumer fraud, and theft from bank account). The analyses show that personality traits are not specifically associated with cybercrime victimization, but rather with victimization in general. Only those with higher scores on emotional stability were less likely to become a victim of cybercrime than traditional crime. Furthermore, the results indicate that there are little differences between personality traits related to victimization of cyber-enabled and cyber-dependent crimes. Only individuals with higher scores on openness to experience have higher odds of becoming a victim of cyber-enabled crimes.

  12. Medical Differential Diagnosis (MDD) as the Architectural Framework for a Knowledge Model: A Vulnerability Detection and Threat Identification Methodology for Cyber-Crime and Cyber-Terrorism

    Conley-Ware, Lakita D.

    2010-01-01

    This research addresses a real world cyberspace problem, where currently no cross industry standard methodology exists. The goal is to develop a model for identification and detection of vulnerabilities and threats of cyber-crime or cyber-terrorism where cyber-technology is the vehicle to commit the criminal or terrorist act (CVCT). This goal was…

  13. CyberCrime and Punishment.

    Drucker, Susan J.; Gumpert, Gary

    2000-01-01

    Surveys ways in which criminal laws are finding their way into cyberspace, the implications of such actions for communicative rights and liabilities, and the media differentials of crime and punishment. Examines crime committed using email and the Internet; computer mediated felonies, misdemeanors, and violations committed in cyberspace; forgery;…

  14. Tinjauan Yuridis Terhadap Cybercrime di Indonesia

    Azamul Fadhly Noor

    2005-01-01

    Modus operandi Cybercrime sangat beragam dan terus berkembang sejalan dengan perkembangan teknologi, tetapi jika diperhatikan lebih seksama akan terlihat bahwa banyak di antara kegiatan-kegiatan tersebut memiliki sifat yang sama dengan kejahatan-kejahatan konvensional yang selama ini sudah dikenal, oleh Azamul Fadhly Noor 05002515

  15. Assessing the trends, scale and nature of economic cybercrimes: overview and issues

    Levi, Michael

    2017-01-01

    Trends in police-recorded and (where they exist) household survey-measured cybercrimes for economic gain are reviewed in a range of developed countries – Australia, Canada, Germany, Hong Kong, the Netherlands, Sweden, the UK and the US - and their implications for criminal policy are considered. The datasets indicate a substantial rise in online fraud – though one that is lower than the rise in online shopping and other ‘routine activity’ indicators - but it is not obvious whether this is jus...

  16. The Constitutive Content of the Offense of not Complying with the Regime of Explosive Materials in the Romanian Criminal Law

    Ion Rusu

    2014-08-01

    Full Text Available In the present work we examined the constitutive content of the offense of not complying with the regime of explosive materials, according to the new provisions of the new Criminal Code. The paper can be helpful both to theorists and those who carry their activity in preventing and combating crime of this kind. The innovations consist of the objective and subjective side examination of the crime, focusing on the changes in its legal content.

  17. Cyber-crime Science = Crime Science + Information Security

    Hartel, Pieter H.; Junger, Marianne; Wieringa, Roelf J.

    2010-01-01

    Cyber-crime Science is an emerging area of study aiming to prevent cyber-crime by combining security protection techniques from Information Security with empirical research methods used in Crime Science. Information security research has developed techniques for protecting the confidentiality,

  18. Understanding Cybercrime from Its Stakeholders’ Perspectives: Part 1 - Attackers

    Arief, Budi; Bin Adzmi, Mohd Azeem; Gross, Thomas

    2015-01-01

    Although cybercrime is rampant, there is no authoritative definition of the term\\ud and all that it implies. A comprehensive model and taxonomy of cybercrime, including all of\\ud its stakeholders, would contribute to better cybersecurity. Part one of this two-part series\\ud explores attackers and their motives in detail.

  19. Towards the normalization of cybercrime victimization : A routine activities analysis of cybercrime in europe

    Junger, Marianne; Montoya, L.; Hartel, Pieter H.; Heydari, Maliheh

    2017-01-01

    This study investigates the relationships between users' routine activities and socio-economic characteristics and three forms of cybercrime victimization of 1) online shopping fraud, 2) online banking fraud and 3) cyber-attacks (i.e. DDoS attacks). Data from the Eurobarometer, containing a sample

  20. Criminal Sanction for Users of Pornographic Content on Internet Sites: A Pornographic Law Perspecive

    Ferry Irawan Febriansyah

    2018-05-01

    Full Text Available Inside the internet, information becomes something very important and really life. Mobility is so fast and can be downloaded, produced, and then uploaded again. The internet network is one of the most popular information sources today. Many internet users access pornographic websites because these pornographic websites supported by the development of rapid internet. The purpose of this study is to review Pornographic Law related to cyberporn.  This criminal act is called Cyberporn. Given the enormous impact that is caused by the act of pornography, especially on the internet site, the government legalized the bill against pornography into pornography law with clear criminal provisions. This research method using normative law research method, with a normative juridical approach related to pornography. In relation to this type of research is a normative legal research, then the source of legal material used is the legislation. In accordance with this type of research, the analysis used is a normative juridical analysis that relies on the ability of legal argumentation, legal interpretation, and legal reasoning related to criminal provisions in pornography law. From the results of research have found that criminal provisions in the law number 44 of 2008 on pornography is quite clear that everyone who access on porn sites on the internet threatened with criminal sanctions. Juridically, criminal provisions in pornography law provide legal certainty is quite clear.

  1. The implications of transnational cyber threats in international humanitarian law: analysing the distinction between cybercrime, cyber attack, and cyber warfare in the 21st century

    Faga, Hemen Philip

    2017-01-01

    This paper is an attempt to draw distinctive lines between the concepts of cybercrime, cyber-attack, and cyber warfare in the current information age, in which it has become difficult to separate the activities of transnational criminals from acts of belligerents using cyberspace. The paper considers the implications of transnational cyber threats in international humanitarian law (IHL) with a particular focus on cyber-attacks by non-state actors, the principles of state responsibility, and t...

  2. Process Control Security in the Cybercrime Information Exchange NICC

    Luiijf, H.A.M.

    2009-01-01

    Detecting, investigating and prosecuting cybercrime? Extremely important, but not really the solution for the problem. Prevention is better! The sectors that have joined the Cybercrime Information Exchange have accepted the challenge of ensuring the effectiveness of the (information) security of process control systems (PCS), including SCADA. This publication makes it clear why it is vital that organizations establish and maintain control over the security of the information and communication...

  3. Criminal Justice in America.

    Croddy, Marshall; And Others

    An introduction to criminal law, processes, and justice is provided in this high school level text. Content is divided into six chapters, each treating a particular aspect of criminal procedure and the social and political issues surrounding it. Chapter 1 considers the criminal, the effects of crime on its victims, and legislation to aid victims.…

  4. Predictors of patrol officer interest in cybercrime training and investigation in selected United States police departments.

    Holt, Thomas J; Bossler, Adam M

    2012-09-01

    Cybercrime has created substantial challenges for law enforcement, particularly at the local level. Most scholars and police administrators believe that patrol officers need to become more effective first responders to cybercrime calls. The evidence illustrates, however, that many patrol officers are neither adequately prepared nor strongly interested in taking an active role in addressing cybercrime at the local level. This study, therefore, examined the factors that predicted patrol officer interest in cybercrime training and investigations in two southeastern U.S. cities. The study specifically examined the relationship between demographics, cybercrime exposure, computer training, computer proficiency, Internet and cybercrime perceptions, and views on policing cybercrime with officer interest in cybercrime investigation training and conducting cybercrime investigations in the future. Officer views on policing cybercrime, particularly whether they valued cybercrime investigations and believed that cybercrime would dramatically change policing, along with their computer skills, were the strongest predictors of interest in cybercrime efforts. Officers who had received previous computer training were less interested in additional training and conducting investigations. These findings support the argument that more command and departmental meetings focusing on the value of investigating these types of crime need to be held in order to increase officer interest.

  5. Predatory publishing and cybercrime targeting academics.

    Umlauf, Mary Grace; Mochizuki, Yuki

    2018-04-01

    The purpose of this report is to inform and warn academics about practices used by cybercriminals who seek to profit from unwary scholars and undermine the industry of science. This report describes the signs, symptoms, characteristics, and consequences of predatory publishing and related forms of consumer fraud. Methods to curb these cybercrimes include educating scholars and students about tactics used by predatory publishers; institutional changes in how faculty are evaluated using publications; soliciting cooperation from the industries that support academic publishing and indexing to curb incorporation of illegitimate journals; and taking an offensive position by reporting these consumer fraud crimes to the authorities. Over and above the problem of publishing good science in fraudulent journals, disseminating and citing poor-quality research threaten the credibility of science and of nursing. © 2018 John Wiley & Sons Australia, Ltd.

  6. Raising Awareness of Cybercrime--The Use of Education as a Means of Prevention and Protection

    Bele, Julija Lapuh; Dimc, Maja; Rozman, David; Jemec, Andreja Sladoje

    2014-01-01

    The widespread use of mobile devices that enable Internet access increases the exposure of both individuals and organizations to cybercrime. This article addresses the issue of strategic prevention of cybercrime with the key focus on the measures to prevent cybercrime related to children and teenagers. The primary tool for such prevention is…

  7. Understanding cybercrime perpetrators and the strategies they employ in Nigeria.

    Aransiola, Joshua Oyeniyi; Asindemade, Suraj Olalekan

    2011-12-01

    A lot has been written on cybercrime and its prevention, but the problem has proved particularly resilient to remedial action. Desperate and vulnerable individuals in every continent continue to fall into its trap. Despite this, there is dearth of descriptive study that attempts to unravel the strategies employed by the perpetrators in Nigeria, as an important precondition for workable and reliable policy direction to address the problem. This article has filled this gap by using data from 40 cybercrime perpetrators selected with snowballing technique. The findings revealed that most of the cybercrime perpetrators in Nigeria are between the age of 22 and 29 years who were undergraduates and have distinctive lifestyles from other youths. Their strategies include collaboration with security agents and bank officials, local and international networking, and the use of voodoo that is, traditional supernatural power. It was clear that most perpetrators of cybercrime were involved in on-line dating and buying and selling with fake identity among others. The article discussed the need for reorientation of Nigerian youths in higher institutions, and various methods as guiding principles for potential victims. It recommended a complete reorganization of the Nigerian Police Force and Economic and Financial Crime Commission, as some of the officers in the institutions aid and abet cybercrime. It finally suggested a review of the Nigerian law guiding the operations of banking, poster agencies, and various speed post services in the country, as these are necessary preconditions to effectively combat the problem.

  8. The work about the cybercrime and computer forensics course

    Tang Ling

    2016-01-01

    Full Text Available Currently, along with the maturity and widespread of computer technology and Internet, cybercrime are worsening. Therefore, it not only brings harm to the society, but also brings problems to traditional forensics. So it is very important for the university to develop a related course and train students to deal with information crime and computer forensics. East China University of Politics and Law has set up a college course named cybercrime and computer forensics for undergraduate students for six years and done some researches. Both of them get great achievements.

  9. The problem of the content of the recognition of the testimony of the informers towards the concept of just cause for the regular exercise of the criminal action

    Walter Barbosa Bittar

    2017-03-01

    Full Text Available This article analyzes the conceptual problems regarding the legal nature of the plea bargaining and the just cause, seeking to establish limits regarding the recognition of the content of the version presented by the informers, with greater attention to the probative value, as seen in the Brazilian legal system, seeking if it is possible to include the content of what can be understood as accepted just cause, or not, as a legitimate requirement for the criminal action procedure. To fulfill this objective, we sought to establish existence and validity requirements for the beginning of a valid criminal prosecution procedure, highlighting the criminal political aspects that end up influencing in the conclusion of the inherent contours of the object of the analysis of the present study.

  10. Victims of cybercrime in Europe : a review of victim surveys

    Reep-van den Bergh, Carin M.M.; Junger, Marianne

    2018-01-01

    Objectives: Review the evidence provided by victim surveys in order to provide a rough estimate of the personal crime prevalence of the main types of cybercrime. Methods: We performed a search in databases, searched online, and contacted several Offices for National Statistics in Europe and selected

  11. The Case for an African Solution to Cybercrime -A Critical ...

    Unlike the Council of Europe Convention on Cybercrime (CoECC, 2001), benchmarked herein, the AUCSCPDP attunes to Africa's context, prohibiting identity ... The provisions covering aggravation and corporate liability are crafted, albeit inadvertently, in ways that will impose unjustified legal burdens on individuals and ...

  12. CyberWar, CyberTerror, CyberCrime

    Mehan, Julie E

    2008-01-01

    CyberWar, CyberTerror, CyberCrime provides a stark and timely analysis of the increasingly hostile online landscape that today’s corporate systems inhabit, and gives a practical introduction to the defensive strategies that can be employed in response.

  13. The Relationship Between Attachment Styles, Self-Monitoring and Cybercrime in Social Network Users.

    Yaghoobi, Abolghasem; Mohammadzade, Serwa; Chegini, Ali Asghar; Yarmohammadi Vasel, Mosaeib; Zoghi Paidar, Mohammad Reza

    2016-09-01

    The anonymity in the cyberspace environment, as well as the rapid advent of and improvements to online activities has increased cybercrime. The aim of this paper was to survey the relationship between attachment styles, self-monitoring and cybercrime in social network users. The Collins and Read Adult Attachment Scale, and the Snyder self-monitoring and cybercrime scales were sent to 500 social network users. Of these, 203 users (103 men and 100 women) filled out the questionnaires. The results showed that women achieved higher scores in self-monitoring and the anxious attachment style, and men achieved higher scores in cybercrime and the anxious attachment style. There was a negative correlation between self-monitoring and cybercrime, and the anxious attachment style had a positive correlation with cybercrime and a negative correlation with self-monitoring. The secure attachment style had a positive correlation with self-monitoring and a negative correlation with cybercrime. The dependent attachment style had a positive correlation with self-monitoring and a negative correlation with cybercrime. All correlations were significant. Attachment styles have significant relationships with both self-monitoring and cybercrime. Self-monitoring and attachment styles are significant predictors of cybercrimes.

  14. Criminal Law

    Langsted, Lars Bo; Garde, Peter; Greve, Vagn

    <> book contains a thorough description of Danish substantive criminal law, criminal procedure and execution of sanctions. The book was originally published as a monograph in the International Encyclopaedia of Laws/Criminal Law....... book contains a thorough description of Danish substantive criminal law, criminal procedure and execution of sanctions. The book was originally published as a monograph in the International Encyclopaedia of Laws/Criminal Law....

  15. Process Control Security in het Informatieknooppunt Cybercrime NICC : Eén publiekprivate geïntegreerde aanpak. Eén sluitende nationale infrastructuur ter bestrijding van cybercrime.

    Luiijf, H.A.M.

    2009-01-01

    Opsporing en vervolging van cybercrime? Heel belangrijk, maar niet dé oplossing voor het probleem. Voorkómen is beter! De sectoren die zijn aangesloten op het Informatieknooppunt Cybercrime hebben de (informatie)beveiliging van procescontrolesystemen (PCS), waaronder SCADA, als uitdaging opgepakt.

  16. Reliability, Validity, Comparability and Practical Utility of Cybercrime-Related Data, Metrics, and Information

    Nir Kshetri

    2013-01-01

    With an increasing pervasiveness, prevalence and severity of cybercrimes, various metrics, measures and statistics have been developed and used to measure various aspects of this phenomenon. Cybercrime-related data, metrics, and information, however, pose important and difficult dilemmas regarding the issues of reliability, validity, comparability and practical utility. While many of the issues of the cybercrime economy are similar to other underground and underworld industries, this economy ...

  17. The online romance scam: a serious cybercrime.

    Whitty, Monica T; Buchanan, Tom

    2012-03-01

    The Online Romance Scam is a relatively new form of fraud that became apparent in about 2008. In this crime, criminals pretend to initiate a relationship through online dating sites then defraud their victims of large sums of money. This paper presents some descriptive statistics about knowledge and victimization of the online dating romance scam in Great Britain. Our study found that despite its newness, an estimated 230,000 British citizens may have fallen victim to this crime. We conclude that there needs to be some rethinking about providing avenues for victims to report the crime or at least making them more comfortable when doing so.

  18. Formulating specialised Legislation to address the Growing Spectre of Cybercrime: A Comparative Study

    F Cassim

    2009-12-01

    Full Text Available The article looks at cyber legislation formulated to address cybercrime in the United States of America, the United Kingdom, Australia, India, the Gulf States and South Africa. The study reveals that the inability of national laws to address the challenges posed by cybercrime has led to the introduction of specialised cyber legislation. It is advocated that countries should amend their procedural laws to include intangible evidence of cybercrime, as opposed to tangible evidence of traditional crimes. It is possible that new forms of cybercrime will often emerge with evolving technology; therefore new cyber laws should be introduced to respond to these rapid changes. There should also be continuous research and training of IT security personnel, financial services sector personnel, police officers, prosecutors and the judiciary to keep them abreast of the evolving technology. International co-operation between countries is also required to address the global nature of cybercrime. To this end countries such as South Africa should ratify the Council of Europe’s Convention on Cybercrime (COECC to serve as a deterrent against international cybercrime. A balanced approach that considers the protection of fundamental human rights and the need for the effective prosecution of cybercrime has been mooted as the way forward.

  19. Virtual acts, real crimes? A legal-philosophical analysis of virtual cybercrime

    Strikwerda, Litska

    2014-01-01

    The advent of computer technology has given rise to a new type of crime: cybercrime, which can, in broad terms, be defined as crime that involves the use of computers or computer networks. Examples of cybercrime are hacking (in legal terms: illegal access) and e-fraud. The newest generation of

  20. Megatrends and grand challenges of cybercrime and cyberterrorism policy and research

    Koops, Bert Jaap; Akhgar, Babak; Brewster, Ben

    2016-01-01

    What are grand challenges of cybercrime and cyberterrorism policy and research for the coming one or two decades? To answer this question, we first need to grasp some major trends that influence the future of cybercrime and cyberterrorism, and the combatting thereof, in fundamental ways. This

  1. Understanding Cybercrime from Its Stakeholders’ Perspectives: Part 2 - Defenders and Victims

    Arief, Budi; Bin Adzmi, Mohd Azeem

    2015-01-01

    A comprehensive model and taxonomy of cybercrime, including all of its stakeholders, would contribute to better cybersecurity. Part 1 of this two-part series, which appeared in the January/February 2015 issue of IEEE Security & Privacy, explored cyberattackers and their motives in detail. Part 2 focuses on the other key stakeholders: defenders and victims of cybercrime.

  2. From cybercrime to cyborg crime : An exploration of high-tech cybercrime, offenders and victims through the lens of Actor-Network Theory

    van der Wagen, Wytske

    2018-01-01

    Universiteiten die worden gehackt, computersystemen die worden gegijzeld of tot ‘zombies’ gemaakt, servers van Internetproviders die worden gebombardeerd, we worden bijna dagelijks wel geconfronteerd met cybercrime en haar gevolgen. Deze meer technische vormen van criminaliteit wijken op

  3. Process Control Security in het Informatieknooppunt Cybercrime NICC : Eén publiekprivate geïntegreerde aanpak. Eén sluitende nationale infrastructuur ter bestrijding van cybercrime.

    Luiijf, H.A.M.

    2009-01-01

    Opsporing en vervolging van cybercrime? Heel belangrijk, maar niet dé oplossing voor het probleem. Voorkómen is beter! De sectoren die zijn aangesloten op het Informatieknooppunt Cybercrime hebben de (informatie)beveiliging van procescontrolesystemen (PCS), waaronder SCADA, als uitdaging opgepakt. Deze publicatie maakt duidelijk waarom het noodzakelijk is dat organisaties de controle hebben en houden over de beveiliging van de informatie- en communicatietechnologie (ICT) in hun procesbesturin...

  4. Reliability, Validity, Comparability and Practical Utility of Cybercrime-Related Data, Metrics, and Information

    Nir Kshetri

    2013-02-01

    Full Text Available With an increasing pervasiveness, prevalence and severity of cybercrimes, various metrics, measures and statistics have been developed and used to measure various aspects of this phenomenon. Cybercrime-related data, metrics, and information, however, pose important and difficult dilemmas regarding the issues of reliability, validity, comparability and practical utility. While many of the issues of the cybercrime economy are similar to other underground and underworld industries, this economy also has various unique aspects. For one thing, this industry also suffers from a problem partly rooted in the incredibly broad definition of the term “cybercrime”. This article seeks to provide insights and analysis into this phenomenon, which is expected to advance our understanding into cybercrime-related information.

  5. AN EXPLANATION OF THE CYBERCRIME VICTIMISATION: SELF-CONTROL AND LIFESTILE/ROUTINE ACTIVITY THEORY

    Aleksandar Ilievski

    2016-01-01

    Full Text Available The purpose of the current paper is to examine the causes of cybercrime victimisation, to highlight limitations of the existing cybercrime victimisation etiological studies and provide guidance for further research. The general findings are reported on the basis of a review of previous empirical studies. In addition to minor deficiencies, elements of self-control and lifestyle/routine activity theory together can be applied to the study of cybercrime victimisation. On the basis of the review of existing research, six main conclusions have been drawn. The limitation of the current research is that examines only the causes of cybercrime victimisation through the application of self-control and lifestyle/routine activity theory as the most useful for this purpose. Future research should take into account all the conclusions discussed in the paper and test new or other existing victimological theories for the purpose of better explaining cybercrime victimisation. This study contributes to improved etiological exploration of cybercrime victimisation and, consequently, to the creation of effective measures to prevent it.

  6. The Implications of Transnational Cyber Threats in International Humanitarian Law: Analysing the Distinction Between Cybercrime, Cyber Attack, and Cyber Warfare in the 21st Century

    Faga Hemen Philip

    2017-06-01

    Full Text Available This paper is an attempt to draw distinctive lines between the concepts of cybercrime, cyber-attack, and cyber warfare in the current information age, in which it has become difficult to separate the activities of transnational criminals from acts of belligerents using cyberspace. The paper considers the implications of transnational cyber threats in international humanitarian law (IHL with a particular focus on cyber-attacks by non-state actors, the principles of state responsibility, and the implications of targeting non-state perpetrators under IHL. It concludes that current international law constructs are inadequate to address the implications of transnational cyber threats; the author recommends consequential amendments to the laws of war in order to address the challenges posed by transnational cyber threats.

  7. Criminal Compliance

    Cristina Antonella Andretta

    2015-10-01

    The article discusses the concepts of both compliance and criminal compliance, its main components and structure as well as the main rules relating to its global application, and finally his emergence in the Ecuadorian legal system.

  8. Tourist criminality

    Jakovlev, Zlatko; Koteski, Cane; Dimitrov, Nikola

    2015-01-01

    In this book expert processed chapters on the development of tourism, the conditions for the development of tourism, the definition of tourism, positive and negative effects of tourism, the necessity of defining tourism criminality and its component elements, narrower and wider tourist criminality , theories of crime, the structure of tourism crime, property crime in tourism, forest fires, sexual offenses, other tourist crimes stakeholders of tourism offenses, victims of tourist crime prevent...

  9. Estimating the costs of consumer-facing cybercrime: A tailored instrument and representative data for six EU countries.

    Riek, Markus; Boehme, Rainer; Ciere, M.; Hernandez Ganan, C.; van Eeten, M.J.G.

    2016-01-01

    While cybercrime has existed for many years and is still reported to be a growing problem, reliable estimates of the economic impacts are rare. We develop a survey instrument tailored to measure the costs of consumer-facing cybercrime systematically, by aggregating different cost factors into direct

  10. An Overview of the Legal framework of Advanced Fee Fraud and Cybercrime in Nigeria

    Mu’azu Abdullahi Saulawa

    2016-08-01

    Full Text Available The paper seeks to discuss an overview on the advanced fee fraud offences as well as cybercrime in Nigerian. The aims of the paper focus on discussing the advanced fee fraud under the related provisions of Advanced Fee Fraud Act 2006 on the success of the law in addressing the practices of crimes in relation to information technology. The paper also discusses the cybercrimes in Nigeria with a brief look out on the Cybercrime (Prohibition and Prevention Act 2015. Further, it also aims at examining the application of the law in the fraud offences which raises an issue of the regulatory framework of the cybercrime. The methodology adopted by the paper is doctrinal approach method wherein both primary and secondary sources of data were analysed, particularly the local laws and other relevant documents. The finding of the paper reveals that the relevant section of the in the Advanced Fee Fraud Act that deals with electronic communication has not been invoked. This is because the discussed relevant law under the advanced fee fraud did not in any away deal with cases concerning electronic communication under section 13. The paper recommends that there is a need to strengthen the adequacy of the legal framework on the Cybercrimes so as to checkmate such practices in Nigeria.

  11. KEDUDUKAN ALAT BUKTI DIGITAL DALAM PEMBUKTIAN CYBERCRIME DI PENGADILAN

    Cahyo Handoko

    2017-01-01

    Full Text Available Pada dasarnya setiap undang-undang yang dibuat oleh pembuat undang-undang merupakan jawaban hukum terhadap persoalan masyarakat pada waktu dibentuknya undang-undang tersebut. Perkembangan hukum seharusnya seiring dengan perkembangan masyarakat, sehingga ketika masyarakatnya berubah atau berkembang maka hukum harus berubah untuk menata semua perkembangan yang terjadi dengan tertib di tengah pertumbuhan masyarakat modern,, karena globalisasi telah menjadi pendorong lahirnya era teknologi informasi.  Penelitian ini bertujuan untuk mendiskripsikan profil alat bukti digital pada perkara cyber crime, mengetahui kedudukan alat bukti digital pada perkara cyber crime. Teori yang digunakan dalam penelitian ini merupakan teori hukum progresif dengan metode penelitian yuridis empiris dengan menggunakan analisis data secara kualitatif, jenis penelitian nya merupakan penelitian deskriptif. Kesimpulan dari penelitian ini, Sistem pembuktian dan alat-alat bukti berdasarkan Pasal 184 KUHAP mampu menjangkau pembuktian untuk kejahatan cybercrime yang tergolong tindak pidana baru. Penelusuran terhadap alat-alat bukti konvensional seperti keterangan saksi dan saksi ahli, juga pergeseran surat dan petunjuk dari konvensional menuju elektronik akan mampu menjerat pelaku cyber crime. Undang-Undang No. 11 tahun 2008 tentang Informasi dan Transaksi Elektronik pada Pasal 5 telah secara jelas menyebutkan bahwa Informasi Elektronik merupakan alat bukti hukum yang sah berupa informasi elektronik dan/atau dokumen elektronik dan/atau hasil cetaknya.

  12. The Consent of the Victim as Legal Defence in Cybercrime cases

    Maxim DOBRINOIU

    2017-05-01

    Full Text Available The rise of Cybercrimes provides with great concerns among users, industry, banking sector or public institutions in terms of how much secure their computer systems or computer data are. Both Ethical and Non-Ethical hacking came-up as viable solutions for any natural or legal person willing to perform its own security checks. Taking into consideration the nature of such security evaluation techniques, that in certain situations may be regarded as cybercrimes, there should be a proper understanding of the circumstances when the victim may grant permission to the attackers to perform specific tasks against its own systems or data, especially when these belongs to a public institution.

  13. The Criminalisation of Identity Theft Under the Saudi Anti-Cybercrime Law 2007

    Almerdas, Suhail

    2014-01-01

    This article examines the extent to which legal measures enacted in Saudi Arabia are able to tackle the problem of widespread cybercrime, namely identity theft. It examines to what extent the Saudi Anti-Cybercrime Law 2007 is capable of encompassing possible methods for obtaining the financial information of others, including phishing, pharming, using malware and hacking, which appear to be the most common methods of obtaining the personal information of others online. It also questions ...

  14. Cybercrime Victimization and Subjective Well-Being: An Examination of the Buffering Effect Hypothesis Among Adolescents and Young Adults.

    Kaakinen, Markus; Keipi, Teo; Räsänen, Pekka; Oksanen, Atte

    2018-02-01

    The wealth of beneficial tools for online interaction, consumption, and access to others also bring new risks for harmful experiences online. This study examines the association between cybercrime victimization and subjective well-being (SWB) and, based on the buffering effect hypothesis, tests the assumption of the protective function of social belonging in cybercrime victimization. Cross-national data from the United States, United Kingdom, Germany, and Finland (N = 3,557; Internet users aged 15-30 years; 49.85 percent female) were analyzed using descriptive statistics and main and moderation effect models. Results show that cybercrime victimization has a negative association with SWB after adjusting for a number of confounding factors. This association concerns both general cybercrime victimization and subcategories such as victimization to offensive cybercrime and cyberfraud. In line with the buffering effect hypothesis, social belonging to offline groups was shown to moderate the negative association between SWB and cybercrime victimization. The same effect was not found in the social belonging to online groups. Overall, the study indicates that, analogously to crime victimization in the offline context, cybercrime is a harmful experience whose negative effects mainly concern those users who have weak social ties offline to aid in coping with such stressors.

  15. Criminal law

    Silva, J.M. da.

    1979-01-01

    Facts concerning the application of atomic energy are presented and those aspects which should be under tutelage, the nature and guilt of the nuclear offenses and the agent's peril are presented. The need of a specific chapter in criminal law with adequate legislation concerning the principles of atomic energy is inferred. The basis for the future elaboration this legislation are fixed. (A.L.S.L.) [pt

  16. PROBLEMATIC ASPECTS OF INTERNATIONAL COOPERATION OF THE RUSSIAN FEDERATION ON THE FIGHT AGAINST CYBERCRIME

    MAKUSHEV DMITRY IVANOVICH

    2016-01-01

    The article is devoted to topical issues of international cooperation of the Russian Federation and foreign countries in combating cybercrime. The author offers measures in international law on the improvement of cooperation between law enforcement agencies of foreign countries in the fight against computer crimes.

  17. E-Business Curricula and Cybercrime: A Continuing Error of Omission?

    Fusilier, Marcelline; Penrod, Charlie

    2013-01-01

    The growth of e-business has been accompanied by even faster increases in losses from security breaches, legal problems, and cybercrime. These unnecessary costs inhibit the growth and efficiency of e-business worldwide. Professional education in e-business can help address these problems by providing students with coursework aimed at them. The…

  18. Cybercrime: An Empirical Study of its Impact in the Society- A Case ...

    Results from this study show that, there are many negative impacts which the society suffer from the cybercrimes and why the computer or networking are tools target for the crimes. The discussions are made from the findings and finally the paper addresses different measures which can be taken to combat these ...

  19. Illuminating the Dark Side of the Internet with Actor-Network Theory: An Integrative Review of Current Cybercrime Research

    Rocci Luppicini

    2014-06-01

    Full Text Available Cybercrime is a relatively new area of research within criminology and media studies. The purpose of this paper is to pull together current research scholarship at the intersection of Actor-Network Theory (ANT and cybercrime by addressing the following question: How does ANT apply to cybercrime research? A selective integrative review of cybercrime research utilizing ANT was conducted to examine recent developments and identify trends. The review draws on core research papers that span 2002 to 2013. Findings provided a strong indication of ANT’s role in key areas of current cybercrime, namely, cyber bullying, cyber theft, and cyber terrorism and cyber espionage. More specifically, ANT was applied within cyber criminology research to address complex problems involving human-technological interactions, advance alternative models and theoretical perspectives, compare ANT with existing models and theoretical perspectives, and leverage understanding of network influences on actors. Recommendations are provided to help optimize the application of ANT to cybercrime research and practice. This paper helps advance knowledge at the intersection of ANT and the study of cyber criminology.

  20. The Protection of Consumer’s Rights and the Application of Criminal Law in the Unlawful Operation of Services and Content Service Application

    Edmon Makarim

    2012-05-01

    Full Text Available Media reports on cases of the theft of pre-paid pulses taking place nowadays have created a misunderstanding in terms of the appropriate application of criminal law. In the context of existing legal provisions concerning consumer protection as set forth both under the Consumer Protection Law as well as in part under the Telecommunications Law, law enforcement agencies are leaning towards applying general criminal provisions (theft which, after a careful observation of the Indonesian Criminal Code, in fact do not extend to corporate criminal acts. This paper purports to explain that the currently occurring cases of the theft of pre-paid pulses should be adequately dealt with by imposing administrative sanctions by the governing and supervisory agencies, both under the Telecommunications Law as well as the Consumer Protection Law. It is proposed that it would be more effective to apply the Consumer Protection Law in such cases, as it contains provisions concerning the threat of alternative criminal punishment in the form of confinement or fines, along with additional sanctions in the form of an order to pay compensation for damages to consumers accompanied by the seizure and the halting of the application system in use by the Operator and/or CP concerned. It is proposed that in administering a proper telecommunications system to the public, the application of the Consumer Protection Law is likely to be less counterproductive as opposed to the application of general criminal provisions, considering that the latter are contradictory to the principles of legal certainty and partnership mandated under the Telecommunications Law itself.

  1. On the Issue of the Concept "Coercive Criminality"

    Pestereva Y. S.

    2014-04-01

    Full Text Available The article deals with the actual problems relating to the concept of coercive criminality. Here is determined the lexical scope of the concept "coercion"; the philosophical and criminal law contents of the researched term are compared; the types of the coercive criminality are determined.

  2. URGENSI PEMBENTUKAN MODEL PEMBINAAN DAN PEMBIMBINGAN BERBASIS KOMPETENSI BAGI NARAPIDANA PELAKU CYBERCRIME

    Widodo Widodo

    2015-06-01

    Full Text Available Abstract The judge imprison all cybercrime convicts in Indonesia to be trained in house of correction. Nonetheles, the application of training model for inmate in house of correction.(Lembaga Pemasyarakatan/LAPAS or even mentoring model for inmate in correctional center (Balai Pemasyarakatan/BAPAS has not used the principles of modern penology. This fact causes the purpose of imprisonment the convicts cannot be obtained optimally. One of the evidences is the inmates repeating their crimes (residive.  Therefore, it is necessary to develop new model based on modern penology for training and mentoring the inmates. The purpose of this research is finding out the urgency and the specification of new model training. The achievement of  goals is conducted using research techniques development in LAPAS and BAPAS on territory East Java and D.I Yogyakarta. The new model is called as Training and Competency-Based Mentoring for cybercrime convict. The reason of the urgency this new model is the inmates individually have a potential in the field of Information and Communication Technology. They also want to get more value in LAPAS. Now, there is no law governing the specific training for cybercrime inmates. Therefore, it is necessary to develop a new model of training the inmate based on rational and scientific approaching. While, the specification of the model and the construction of the model is based on the inmates’ need and what they need to get job in accordance with 9 competency of information and technology experts, as well as in accordance with visionary modern penology. Key words: model, inmate, cybercrime, competency, penology   Abstrak Hakim menjatuhkan pidana penjara terhadap semua pelaku tindak pidana cybercrime di Indonesia, dan dibina di Lembaga Pemasyarakatan (LAPAS. Namun, model pembinaan di narapidana di LAPAS dan pembimbingan narapidana di BAPAS belum menggunakan prinsip-prinsip penologi modern, sehingga tujuan pemidanaannya belum

  3. CLASSIFICATION OF CRIMINAL GROUPS

    Natalia Romanova

    2013-01-01

    New types of criminal groups are emerging in modern society.  These types have their special criminal subculture. The research objective is to develop new parameters of classification of modern criminal groups, create a new typology of criminal groups and identify some features of their subculture. Research methodology is based on the system approach that includes using the method of analysis of documentary sources (materials of a criminal case), method of conversations with themembers of the...

  4. Data Protection and the Prevention of Cybercrime: The EU as an area of security?

    PORCEDDA, Maria Grazia

    2012-01-01

    (This working paper is a revised version of Ms. Porcedda's EUI LL.M. thesis, 2012.) Cybercrime and cyber-security are attracting increasing attention, both for the relevance of Critical Information Infrastructure to the national economy and security, and the interplay of the policies tackling them with ‘ICT sensitive’ liberties, such as privacy and data protection. This study addresses the subject in two ways. On the one hand, it aims to cast light on the (legal substantive) nature of, ...

  5. Perlindungan Hukum Terhadap Nasabah Bank Pengguna Internet Banking Dari Ancaman Cybercrime

    Astrini, Dwi Ayu

    2015-01-01

    Tujuan dilakukan penelitian ini adalah untuk mengetahui bagaimana peratuan Perundang-undangan yang melindungi nasabah bank pengguna internet banking dari ancaman cybercrime, dan bagaimana mekanisme perlindungan dan tanggungjawab yang diberikan pihak bank terhadap nasabah yang mengalami masalah dalam pengguna internet banking. Berdasarkan penelitian normatif disimpulkan bahwa; 1. Sumber hukum formal mengenai bidang perbankan, adalah UUD 1945 (Pasal 1 ayat 3), Undang-undang Nomor 7 Tahun 1992 ...

  6. Methamphetamine use and criminal behavior.

    Gizzi, Michael C; Gerkin, Patrick

    2010-12-01

    This research seeks to broaden our understanding of methamphetamine's (meth's) place within the study of drugs and crime. Through extensive court records research and interviews with 200 offenders in local jails in western Colorado, this research contributes to the creation of a meth user profile and begins to identify the place of meth in the drug-crime nexus. The study compares the criminal behavior of meth users with other drug users, finding that meth users are more likely than other drug users to be drunk or high at the time of arrest and claim their crimes were related to drug use in other ways. A content analysis of criminal records demonstrates that meth users have more extensive criminal records and are more likely than other drug users to commit property crimes.

  7. Murder in French criminal law

    Jovašević Dragan

    2015-01-01

    Full Text Available The most dangerous forms and aspects of violent crime are criminal offences against life and bodily integrity of others, which are generally designated as acts of homicide. The most prominent among these criminal offences is the crime of murder. Due to the significance, legal nature, characteristics and consequences of this criminal act, all contemporary legislations prescribe the most severe measures and types of punishment for the commission of this crime. There are three types of murder: 1 ordinary (common murder, 2 murder committed under mitigating circumstances, and 3 murder committed under aggravating circumstances, which is as a rule punishable by the most severe punishment. All contemporary criminal legislations, including French legislation, recognize various types and forms of murder, depending on the classification criteria. The most prominent forms of murder are those involving various motives that induce the perpetrators to cause death to another person. In this paper, the author examines the concept, contents, characteristics, forms and elements of the crime of murder in French criminal law, discussing the theoretical and practical aspects of this issue.

  8. An Exploratory Multi-Method Analysis of Cybercrime Perpetrators' Perceptions to Combat Cyber Crime in Sub Saharan Africa: The Case of Cameroon

    Akuta, Eric Agwe-Mbarika

    2012-01-01

    The past decade has projected much of Africa as a haven for cybercrime perpetration. This view was widely evidenced in Cameroon, a country regarded as a miniature Africa due to its diverse socio-cultural, economic and political characteristics. In spite of efforts by government to curb cybercrime, the perpetration rate has not declined due to a…

  9. Judicial Functions in the Criminal Trial

    Constantin Tănase

    2014-05-01

    Full Text Available The separation of judicial functions falls, indisputably, in the news gallery of the Romanian criminal trial current rules. The previous Criminal Procedure Code, namely that of 1968, as well as the older ones, hadn‟t enrolled in their content such a principle. However, the doctrine identified, under mentioned legal regulations, the existence of distinct procedural functions and their need to separate, in the idea of genuine criminal justice accomplishment. These procedural functions were: the indictment function (or charges, the defense function the trial function. In the new code, this principle proclaims the existence of four judicial functions that aim the efficiency and speed of the criminal trial, but also guarantee the presumption of innocence, equal opportunity of parties, protection of rights and fundamental freedoms. This research try to explain this principle and its connections with other institutions of the criminal trial.

  10. Victim-induced criminality.

    Fooner, M

    1966-09-02

    about the probable effects on the administration of criminal justice. These are pragmatic problems; there is a third problem which may at this time seem speculative, but is, nevertheless, quite important. 3) To what extent will a particular proposal for victim compensation contribute to a temptation-opportunity pattern in victim behavior? In previous studies it has been pointed out that large numbers of our fellow Americans have tended to acquire casual money-handling habits-generically designated "carelessness"-which contribute to the national growth of criminality. How the victim helps the criminal was sketched in reports of those studies (10). It was made abundantly clear that human beings in our affluent society cannot be assumed to be prudent or self-protective against the hazards of crime. Even when the "victim" is not overtly acting to commit a crime-as in the case of the property owner who hires an arsonist-he often tempts the offender. Among the victims of burglary-statistically the most prevalent crime in the United States-are a substantial number of Americans who keep cash, jewelry, and other valuables carelessly at home or in hotel rooms to which the burglar has easy access through door or window. Victims of automobile theft-one of the fastest growing classes of crime-include drivers who leave the vehicle or its contents invitingly accessible to thieves. And so on with other classes of crime. As pointed out in previous studies, when victim behavior follows a temptation-opportunity pattern, it (i) contributes to a "climate of criminal inducements," (ii) adds to the economic resources available to criminal societies, and (iii) detracts from the ability of lawenforcement agencies to suppress the growth of crime.

  11. Framing in criminal investigation

    2016-01-01

    Failures in criminal investigation may lead to wrongful convictions. Insight in the criminal investigation process is needed to understand how these investigative failures may rise and how measures can contribute to the prevention of this kind of failures. Some of the main findings of an empirical study of the criminal investigation process in four cases of major investigations are presented here. This criminal investigation process is analyzed as a process of framing, using Goffman's framing (Goffman, 1975) and interaction theories (Goffman, 1990). It shows that in addition to framing, other substantive and social factors affect the criminal investigation. PMID:29046594

  12. Sexual history disclosure polygraph examinations with cybercrime offences: a first Dutch explorative study.

    Buschman, Jos; Bogaerts, Stefan; Foulger, Sarah; Wilcox, Daniel; Sosnowski, Daniel; Cushman, Barry

    2010-06-01

    This article presents the first study on post-conviction polygraphy in the Netherlands. Importantly, it exclusively focuses on cybercrime offenders. The study is designed to systematically address the different child sexual behaviours exhibited by 25 participants who are in treatment for possessing child abuse images. The results indicate that post-conviction polygraphy can provide additional data to inform the development of theory in this area and contribute to the treatment, supervision, and more effective containment of offending behaviour and the reduction of future victimization.

  13. Studiare la cybercriminalità: alcune riflessioni metodologiche/Studying cybercrime: some methodological reflections

    Giorgia Macilotti

    2018-03-01

    Full Text Available L’articolo propone alcune riflessioni metodologiche in merito all’analisi delle forme di criminalità associate all’utilizzo di Internet e delle tecnologie digitali. Queste realtà devianti rappresentano infatti un fecondo terreno di ricerca, grazie in particolare alla relativa tracciabilità delle pratiche degli utenti e alla quantità di dati disponibili online. Si presenteranno i principali approcci, metodi e problematiche riguardanti lo studio della cybercriminalità, focalizzandosi in particolare su alcuni esempi tratti da ricerche sulle unità di polizia specializzate nel contrasto al fenomeno in esame. Oltre agli apporti degli strumenti “tradizionali” dell’indagine sociologica, si esploreranno le interazioni con le nuove opportunità offerte dalle tecnologie digitali, così come gli effetti della relazione tra il ricercatore e l’oggetto della sua ricerca sulla costruzione e l’interpretazione dei dati. The article intends to provide an overview of research methods on studying digital crimes. Indeed, these deviant realities provide a rich ground for social research, especially thanks to the traceability of digital activities and the availability of online data. We will discuss the main approaches, methods and issues related to the study of cybercrime, focusing particularly on some examples drew from researching cybercrime law enforcement agencies. In addition to the opportunities offered by “traditional” sociological methods, the article explores their interplays with digital approaches, as well as the impacts of the researcher/researched relationship on data construction and analysis.

  14. Detecting and Analyzing Cybercrime in Text-Based Communication of Cybercriminal Networks through Computational Linguistic and Psycholinguistic Feature Modeling

    Mbaziira, Alex Vincent

    2017-01-01

    Cybercriminals are increasingly using Internet-based text messaging applications to exploit their victims. Incidents of deceptive cybercrime in text-based communication are increasing and include fraud, scams, as well as favorable and unfavorable fake reviews. In this work, we use a text-based deception detection approach to train models for…

  15. Criminal Justice Transitions

    McAra, Lesley; McVie, Susan

    2007-01-01

    This report explores transitions into the adult criminal justice system amongst a large cohort of young people who were involved in the Edinburgh Study of Youth Transitions and Crime. It includes: a description of patterns of criminal convictions and disposals for young people up to age 19 (on average); an examination of the characteristics and institutional histories of cohort members with a criminal record as compared with youngsters with no such record; and an exploration of the profile of...

  16. Criminal aspects domestic violence

    Smetanová, Kristina

    2013-01-01

    Smetanová, Kristina. Criminal aspects of domestic violence The topic of this thesis is the criminal aspects of domestic violence. The aim of the thesis is to describe this dangerous and complicated social problem and focus on outlining the possibilities of protection under Czech criminal law. The thesis consists of eight chapters. The first chapter explains what the domestic violence is and which sources, types and characters does it have.The second chapter shows who can be the violent person...

  17. Psychology and criminal justice

    Adler, Joanna R.

    2013-01-01

    This chapter is designed to give the reader a flavour of a few areas in which psychology has been applied to criminal justice. It begins by providing some historical context and showing the development of some applications of psychology to criminal justice. The chapter is broadly split into 3 sections: Pre Trial; Trial; and Post Trial. In most of this chapter, the areas considered assess how psychology has had an influence on the law and how psychologists work within criminal justice settings...

  18. The International Criminal Court

    Damgaard, Ciara Therése

    This article considers whether acts of international terrorism can and should be prosecuted before the International Criminal Court as crimes against humanity.......This article considers whether acts of international terrorism can and should be prosecuted before the International Criminal Court as crimes against humanity....

  19. The principle of guilt as a basis for criminal sanctions justification review in the Criminal Law in Serbia

    Ćorović Emir A.

    2013-01-01

    Full Text Available The principle of guilt is one of the essential principles of criminal law. However, it is a very complex principle. Its content has been presented in this paper particularly referring to a systematic deviation of it in the criminal legislation of the Republic of Serbia. According to the provisions of the article 2 of the Criminal Code of Serbia the principle of guilt is related to punishments and warning measures, while security and educational measures remained beyond its reach. On the other side, The Criminal Code defining a crime offense in the article 14 demands culpability of perpetrator's behavior. It involves a conceptual problem: a possibility is given for criminal sanctions of the principle of guilt, article 2 of the Criminal Code not referring to security and educational measures could be applied for people acting without culpability. It is paradoxical to accept criminal-justice reaction in the form of criminal sanctions regarding people without guilt. According to author of this paper, such a normative solution brings into issue the relevant principle, more precisely its basis, generality and guidance, the qualities that every legal principle should maintain. Of course, deviations of legal principle and the principle of guilt are possible but they must be kept to a minimum. Otherwise, systematic legal principle deviations, in this case the principle of guilt, are not to be tolerated. Connecting the principle of guilt with the system of criminal sanctions opens the debate on voluntarism embodied in the freedom of will and guilt and positivism/determinism embodied in perpetrator's danger and educational neglect within the criminal law. It is over a century discussion in the science of criminal law. The author of the paper concludes criminal-justice reaction in the form of criminal sanction can be justified only of based on the principle of guilt. Otherwise, such a reaction has no place in the criminal law.

  20. Indagini informatiche e acquisizione della prova nel processo penale / Enquêtes informatiques et acquisition d’éléments de preuve dans le procès pénal / Computer investigation and acquisition of evidence in criminal proceedings

    Bravo Fabio

    2010-03-01

    Full Text Available This article aims to examine the new regulations introduced by the Budapest Convention on Cybercrime and the Italian Ratification Law No. 48/2008. Attention is focused primarily on the impact on computer investigation and the acquisition of evidence in criminal proceedings. The article also analyzes some relevant Italian Court decisions, in which we can find an uncertain and fluctuating trend as regards elements and principles of computer forensics. Although the Italian law has now implemented several articles of the Criminal Procedure Code, the principles of computer forensics, it will be necessary to verify how these principles will be implemented in practice.

  1. The Growing Global Threat of Cyber-crime given the Current Economic Crisis: A Study regarding Internet Malicious Activities in Romania

    Ana Maria Tuluc

    2011-02-01

    Full Text Available Computer crime, also referred as cyber-crime, is considered today one of the main leadingproblems in the ongoing global economic crisis and an impediment in the development of manycountries. Objectives of this work are: to determine the evolution of cyber-crime during the currenteconomic crisis, to emphasize the severity of this problem and the urgent need to limit its impactworldwide, to determine consumers perceptions regarding this phenomenon in Romania. Prior Workrelated to this issue was conducted by the Computer Security Institute in United States, InternationalComputer Protection Agency, Symantec and Ponemon Institute. In their studies, these institutionshave revealed many of cyber-crime features and proposed valuable solutions for decreasing itsimpact. The Approach used in this paper was a survey among Romanian consumers regarding cybercrime.A total number of 110 respondents participated in this survey. Results showed that almost80% of respondents were victims of cyber-crime at least once and more than 87% of respondentsnever reported these crimes to the police. As regards Implications, the study can offer support tospecialized institutions, while academics can use these findings for further research. The Value of thispaper consists of relevant findings regarding cyber-crime issue in Romania.

  2. Civil & Criminal Penalties

    US Consumer Product Safety Commission — When CPSC is involved in a civil or criminal investigations into violations of the Consumer Products Safety Act the Commission publishes final determinations and...

  3. Dentistry and criminal law.

    Khoury, B S; Khoury, J N

    2017-09-01

    Criminal law in dentistry, as shaped and moulded by the prevailing views of society, defines what is or is not socially acceptable. It applies in both personal and professional contexts with the intended consequence of protecting the public from unacceptable conduct and potential imbalances of power. At its centre, a patient's consent plays a pivotal role in transforming unlawful conduct into lawful conduct. This literature review considers the current law and the trend of utilizing criminal law in addition to non-criminal law alternatives of reprimanding clinicians for failure to achieve consent in the course of dental practice. Dentists must appreciate this change and the prosecuting authority's increasing willingness to resort to criminal law. © 2017 Australian Dental Association.

  4. Criminal Law in Denmark

    Langsted, Lars Bo; Garde, Peter; Greve, Vagn

    Derived from the renowned multi-volume International Encyclopaedia of Laws, this book provides a practical analysis of criminal law in Denmark. An introduction presents the necessary background information about the framework and sources of the criminal justice system, and then proceeds......-trial proceedings, trial stage, and legal remedies. A final part describes the execution of sentences and orders, the prison system, and the extinction of custodial sanctions or sentences. Its succinct yet scholarly nature, as well as the practical quality of the information it provides, make this book a valuable...... resource for criminal lawyers, prosecutors, law enforcement officers, and criminal court judges handling cases connected with Denmark. Academics and researchers, as well as the various international organizations in the field, will welcome this very useful guide, and will appreciate its value in the study...

  5. Euthanasia and criminal law

    Ullrichová, Petra

    2008-01-01

    71 8. Summary- Euthanasia and criminal law Euthanasia is often regarded as a controversial topic that is being discussed all around the world. The legislative rules differ among the countries to various extent. The scope of this work is to offer a summary of legal regulations in euthanasia, particulary in the area of criminal law and a several examples of these regulations in Europe, USA and Australia. In the first chapter, the term of euthanasia is defined which is necessary for the purpose ...

  6. Content

    Keiding, Tina Bering

    secondary levels. In subject matter didactics, the question of content is more developed, but it is still mostly confined to teaching on lower levels. As for higher education didactics, discussions on selection of content are almost non-existent on the programmatic level. Nevertheless, teachers are forced...... curriculum, in higher education, and to generate analytical categories and criteria for selection of content, which can be used for systematic didactical reflection. The larger project also concerns reflection on and clarification of the concept of content, including the relation between content at the level......Aim, content and methods are fundamental categories of both theoretical and practical general didactics. A quick glance in recent pedagogical literature on higher education, however, reveals a strong preoccupation with methods, i.e. how teaching should be organized socially (Biggs & Tang, 2007...

  7. EU Criminal Law and the Regulation of Information and Communication Technology

    Sarah Summers

    2015-07-01

    Full Text Available The opportunities afforded by the global information space give rise to the potential for the commission of new crimes –crimes such as hacking or denial of service attacks– and for existing crimes, such as speech offences or fraud, to be committed in new ways and with potentially larger consequences. One of the biggest challenges for the regulation of information and communications technology is that the global information space does not respect national boundaries. In order to be successful, any regulatory approach will call for some degree of cooperation between countries. This poses an obvious problem for those seeking to develop a regulatory structure. This challenge is particularly relevant in the criminal law context, as the criminal law has traditionally been considered to be the product and responsibility of national law. This article considers the EU’s regulatory approach in this area. The aim here is not to offer a critique of the EU’s regulatory structure in the context of cybercrime, but rather to use the situation in the EU to illustrate various issues arising in the context of the criminal law regulation of information and communications technology. This article examines some of the issues which have arisen in the context of the regulation of cyber activity at the EU level as a result of this tension between national sovereignty and broader overarching EU regulation and assesses the relevance of these issues in the context of criminal law regulation more broadly. Consideration of the processes of criminalisation and harmonisation provides the basis for an analysis of the manner in which the EU seeks to justify its involvement in criminal law in this field.

  8. The criminal law responsibility of officials under environmental criminal law

    Winkelbauer, W.

    1986-01-01

    The legal application of environmental criminal law has attributed to office-bearers of the environmental administration a determining function in the field of criminal protection of legal objects. Criminal law shall prevent the misuse of official authority. In this connection law has to observe the limits of admissible procedure of the administration. (CW) [de

  9. Motive Criminal Procedure Evidence

    В. В. Вапнярчук

    2015-03-01

    Full Text Available In the article the need for such a level of mental regulation of behavior of proving motivation. The latter refers to internal motivation conscious entity Criminal Procedure proof, due to specific needs, interests and goals that cause a person to act rishymist. Detailed attention is given to the first two determinants, namely the nature of needs and interests. In particular, analyzes highlighted in the literature variety of needs (physiological, ekzistentsionalni, social, prestige, cognitive, aesthetic and spiritual and the manifestation of some of them in the criminal procedural proof.

  10. Criminal aspects of domestic violence

    Váňová, Radka

    2013-01-01

    Criminal aspects of domestic violence SUMMARY Domestic violence is a serious social concern with high level of latency. The domestic violence victims protection is ensured by legal standarts of Civil, Administrative and Criminal Law and other legal standarts. Criminal Law is one of the important instruments for tackling of serious forms of domestic violence. However Criminal Law is an instrument "ultima ratio" which needs claiming of subsidiarity principal of the crime repression. The purpose...

  11. The definition of the sources of the criminal law

    Анна Суренівна Сохікян

    2016-01-01

    power law. Thus, the sources of criminal law, depending on various criteria (for example, form and content can be viewed from different sides. However, we propose to consider the sources of criminal law only formal-legal. Conclusions of the research. The form of law is multi-faceted, multi-level and multi-valued, not existing in isolation. It is not based on the content of the phenomenon. Formality in criminal law is manifested in the enactment of criminal law norms in normative legal acts. The analyzed aspect I would like to pay special attention to the confluence of the sources of criminal law and its forms, that is, formal-legal aspect. Not coincidentally, all of the above sources exist in the legal system in the form of legal acts. Therefore, the shape of the sources of criminal law must be textually reflect the standards enshrined in legal act. In addition to the form and content, plays an important entity that establishes a particular norm as criminal law. So, legal effectiveness and social significance of each source of law depends on what place in the state authorities took the body. Regarding the sources of criminal law, I would like to mention that only certain bodies have the authority to create relevant normative-legal acts, to amend and repeal the last. Thus, the Verkhovna Rada ofUkraineis able to influence the criminal legislation ofUkraine, with changes. Based on the foregoing, the people's deputies ofUkrainehave the right to submit draft laws on amending the criminal law.

  12. PROBLEM OF CRIMINAL REPRESSION, APPLIED OUTSIDE OF CRIMINAL LIABILITY

    Vitaly Stepashin

    2017-01-01

    Full Text Available УДК 343.2A new institute of repressive measures applied outside the criminal liability in criminal law (including as a condition for exemption from criminal liability is forming now in Russian legislation. The author concludes that the provisions of the criminal law on monetary compensation and a court fine should be deleted because of the following reasons. 1 By their nature, and monetary compensation and a court fine, not being a formal punishment (and, therefore, a form of realization of criminal responsibility is a monetary penalty, i.e., penalty-punishment. Moreover, the rules of court fine destination identical rules of criminal sentencing. 2 Quantitatively court fine may exceed the minimum limits of criminal punish-ment in the form of fines. The dimensions of monetary compensation in the order of hours. Pt. 2, Art. 76.1 of the Criminal Code and at all close to the maximum values of fine-punishment. 3 Exemption from criminal liability requires states to refrain from prosecuting the person alleged to have committed a crime, which means that the nonuse of criminal repression. Regulatory standards analyzed, on the other hand, require mandatory use of repression, ie, virtually no exemption from criminal liability does not occur at all. 4 The use of a quasi-penalty in the form of monetary compensation and court fines are not an exemption from criminal responsibility, but on the contrary, the use of criminal repression (of responsibility, and in a simplified manner. 5 Contrary to the requirements of the Constitution and the Criminal Code of criminal repression is applied to persons whose guilt has not been established in the commission of a crime. Thus, in criminal law introduced a presumption of guilt. 6 Customization repression (in fact – of criminal responsibility in the application of the judicial penalty is substantially limited, and the application of monetary compensation is excluded at all, contrary to the requirement that the rough

  13. Criminal Justice Web Sites.

    Dodge, Timothy

    1998-01-01

    Evaluates 15 criminal justice Web sites that have been selected according to the following criteria: authority, currency, purpose, objectivity, and potential usefulness to researchers. The sites provide narrative and statistical information concerning crime, law enforcement, the judicial system, and corrections. Searching techniques are also…

  14. Managing Criminal Investigations.

    Bloch, Peter B.; Weidman, Donald R.

    The report discusses many ways for police managers to improve the success of their departments' criminal investigation efforts. Management issues addressed include budgeting and allocating resources; improving relationships with the prosecutor; interacting with the public, especially victims and witnesses; improving relationships between…

  15. Europol’s Cybercrime Centre (EC3), its Agreements with Third Parties and the Growing Role of Law Enforcement on the European Security Scene

    Vendius, Trine Thygesen

    2015-01-01

    The European Cyber Crime Centre, EC3, established under the umbrella of Europol, started operations on January 1 2013. It is to act as the focal point in the fight against cybercrime in the European Union. Using a “shared, cross-community approach” the EC3 is concluding partnerships with member...... states, European agencies, international partners and the private sector. This article describes the coming about of EC3 and its efforts to address cybercrime. Furthermore, the article is an attempt to assess the growing role of the European law enforcement community on the European security scene...

  16. An Outline of the New Norwegian Criminal Code

    Jørn Jacobsen

    2015-12-01

    Full Text Available This article gives an overview of the new criminal code, its background and content. It maps out the code’s background, the legislative process and central ideas. Furthermore, the article gives an outline of the general criteria for criminal responsibility according to the code, the offences and forms of punishment and other reactions. The article emphasises the most important changes from the previous code of 1902. To some degree, strengths and weaknesses of the new code are addressed.

  17. Manufacturing white criminals: Depictions of criminality and violence on Law & Order

    Andrew G. Selepak

    2015-12-01

    Full Text Available This study examines exposure to the police drama television genre and its impact on perceptions of crime and racial criminality. Content analyses of three seasons of Law & Order were examined to evaluate the show’s portrayal of race and crime compared to actual crime statistics for New York City during the same periods. A survey was also conducted to examine perceptions of personal safety and the influence of television’s depiction of race and crime. Results suggest whites are disproportionately portrayed as criminals five to eight times more often on police dramas compared to actual crime statistics for the city of New York, exposure to police dramas increases beliefs of threats to personal safety, and exposure to police dramas leads to elevated perceptions of white criminality among non-whites. Results provide additional support for cultivation theory and “Mean World Syndrome,” and implications for delimitation and racial distrust.

  18. Criminal Justice History

    Thomas Krause

    2005-01-01

    Full Text Available This review article discusses studies on the history of crime and the criminal law in England and Ireland published during the last few years. These reflect the ›history of crime and punishment‹ as a more or less established sub-discipline of social history, at least in England, whereas it only really began to flourish in the german-speaking world from the 1990s onwards. By contrast, the legal history of the criminal law and its procedure has a strong, recently revived academic tradition in Germany that does not really have a parallel in the British Isles, whose legal scholars still evidence their traditional reluctance to confront penal subjects.

  19. Pathological gambling and criminality.

    Folino, Jorge Oscar; Abait, Patricia Estela

    2009-09-01

    To review research results on the relationship between pathological gambling and criminality, published in 2007 and 2008, in English and in Spanish. An important association between pathological gambling and criminality was confirmed in populations of anonymous gamblers, helpline callers and substance abusers. Helplines provide a timely service to gamblers who have not reached the maximum stages in the development of a pathological gambling pattern. Pathological gambling is associated with violence in couples and dysfunctional families. Inversely, violence is also an antecedent promoting vulnerability toward pathological gambling. Impulsiveness shows diverse relationships with pathological gambling and violence as well. A pathological gambler's involvement in crime is exceptionally considered without responsibility by justice, but it may be an indicator of the disorder severity and the need for special therapeutic tactics. While reviewing the present study, research work was published that contributed to a better understanding of the association between pathological gambling and criminality and went further into their complex relationship and the formulation of explanatory models related to impulsiveness.

  20. Offending and Victimization in the Digital Age : Comparing Correlates of Cybercrime and Traditional Offending-Only, Victimization-Only and the Victimization-Offending Overlap

    Kranenbarg, Marleen Weulen; Holt, Thomas J.; van Gelder, Jean Louis

    2017-01-01

    Cybercrime research suggests that, analogous to traditional crime, victims are more likely to be offenders. This overlap could be caused by shared risk factors, but it is unclear if these are comparable to traditional risk factors. Utilizing a high risk sample of computer-dependent cyber-offenders

  1. Contents

    Editor IJRED

    2012-11-01

    Full Text Available International Journal of Renewable Energy Development www.ijred.com Volume 1             Number 3            October 2012                ISSN 2252- 4940   CONTENTS OF ARTICLES page Design and Economic Analysis of a Photovoltaic System: A Case Study 65-73 C.O.C. Oko , E.O. Diemuodeke, N.F. Omunakwe, and E. Nnamdi     Development of Formaldehyde Adsorption using Modified Activated Carbon – A Review 75-80 W.D.P Rengga , M. Sudibandriyo and M. Nasikin     Process Optimization for Ethyl Ester Production in Fixed Bed Reactor Using Calcium Oxide Impregnated Palm Shell Activated Carbon (CaO/PSAC 81-86 A. Buasri , B. Ksapabutr, M. Panapoy and N. Chaiyut     Wind Resource Assessment in Abadan Airport in Iran 87-97 Mojtaba Nedaei       The Energy Processing by Power Electronics and its Impact on Power Quality 99-105 J. E. Rocha and B. W. D. C. Sanchez       First Aspect of Conventional Power System Assessment for High Wind Power Plants Penetration 107-113 A. Merzic , M. Music, and M. Rascic   Experimental Study on the Production of Karanja Oil Methyl Ester and Its Effect on Diesel Engine 115-122 N. Shrivastava,  , S.N. Varma and M. Pandey  

  2. International Criminal Law & Its Paradoxes

    Carlson, Kerstin Bree

    2017-01-01

    criminal law are unrealizable under current ICT practice. This is due to international criminal law's foundational, legitimizing basis in natural law, rather than political liberalism. The article calls for a revision of ICT institutional accountability structures.......This article challenges international criminal tribunals' (ICTs) capacity to perform the socially constitutive work of transitional justice. Highlighting paradigmatic ICT jurisprudence, it shows both the "progress" and "justice" constructs central to the work and legitimacy of international...

  3. Racial Profiling and Criminal Justice

    Ryberg, Jesper

    2011-01-01

    According to the main argument in favour of the practice of racial profiling as a low enforcement tactic, the use of race as a targeting factor helps the police to apprehend more criminals. In the following, this argument is challenged. It is argued that, given the assumption that criminals...... are currently being punished too severely in Western countries, the apprehension of more criminals may not constitute a reason in favour of racial profiling at all....

  4. Drones in (Slovene) criminal investigation

    Boštjan, Slak

    2016-01-01

    Unmanned aircrafts, also known as drones, are increasingly used in modern society. Their versatility allows them to be used in a range of different industries, sectors, spheres and activities, including in the area of policing and criminal investigation. In policing, drones are primarily used for the control of state borders, public events and traffic, while their use in criminal investigation is related all from assisting crime scene investigation to tracking suspects or criminal gangs. The ...

  5. Addiction between therapy and criminalization.

    Birklbauer, Alois; Schmidthuber, Kathrin

    2014-12-01

    The present paper delves into the question of whether and to what extent it is appropriate to leave addiction problems between the conflicting priorities of therapy and criminalization. After outlining the issue the criminal addictive behaviour including crimes associated with drug misuse and with obtaining drugs is described. Subsequently it is discussed if and how you could make allowances for addiction-related legal insanity in the criminal law sector. Following a few remarks on the principle of "voluntary therapy instead of penal sanction" as a way to alleviate the strict law on narcotic drugs misuse a summary and an outlook with criminal-political demands complete the issue.

  6. The Removal of the Judge as a Guarantee of Fair Criminal Justice

    Yury V. Derishev

    2016-11-01

    Full Text Available The article is devoted to the institution of the removal of a judge in criminal trial proceedings, which is regarded as the most important guarantees of fair criminal justice. Based on the definition of the nature and content of the mechanism for the removal of a judge, the Authors offer an analysis of the problems of the application of law that accompany its implementation in modern criminal proceedings

  7. [The pedophilic criminal].

    Heim, M; Morgner, J

    1985-02-01

    After a review of the literature dealing with pedophilia, the results of an analysis of 100 forensic psychiatric reports dealing with pedophile criminals are described. They show that, except for a few homosexual pedophiles, pedophilia is a pseudoperversion originating from different developmental conditions and, in individual cases, verifiable personality traits. The authors discuss problems involved in the forensic-psychiatric assessment of these delinquents. Attention is drawn to the necessity of purposeful, coordinated further education in this respect to enable the existing considerable discrepancies between forensic-psychiatric evaluation of these and other sexual deviants to be overcome.

  8. Defendants' Rights in Criminal Trials.

    Martin, Ralph C., II; Keeley, Elizabeth

    1997-01-01

    Reviews the protections afforded by the Constitution for defendants in criminal trials. These include the right to a jury trial (in cases of possible incarceration), an impartial jury, and the requirement of a unanimous verdict. Defends the use of plea bargaining as essential to an efficient criminal justice system. (MJP)

  9. Drug Use and Criminal Behavior

    Fink, Ludwig; Hyatt, Murray P.

    1978-01-01

    An overview of addiction and crime is presented. Crimes of violence and sex crimes are contrasted with non-violent criminal behavior when drug-connected. It is suggested that alternative methods of dealing with drug abuse and criminal behavior be explored, and that several previously discarded methods be re-examined. (Author)

  10. THREE MODELS OF NATIONAL CRIMINAL POLICY IN THE CONTEXT OF GLOBALIZATION

    Ivan Kleymenov

    2017-01-01

    policy of the various states tends by globalist influence more or less. The desire for sovereignty in every sphere, including criminal justice, results the imposition of sanctions by the globalist structures. Reformist penal policy expresses the loss of a strategic, informed criminological development goals of criminal justice, and, as a rule, corresponds to the group, not the public interest. Experimental criminal policy demonstrates a high rate of development and takes a growing place in the globalist projects with an anti-Russian content.

  11. Rethinking Conceptual Definitions of the Criminal Career and Serial Criminality.

    Edelstein, Arnon

    2016-01-01

    Since Cesare Lombroso's days, criminology seeks to define, explain, and categorize the various types of criminals, their behaviors, and motives. This aim has theoretical as well as policy-related implications. One of the important areas in criminological thinking focuses chiefly on recidivist offenders who perform large numbers of crimes and/or commit the most dangerous crimes in society (rape, murder, arson, and armed robbery). These criminals have been defined as "habitual offenders," "professional criminals," "career criminals," and "serial offenders." The interest in these criminals is a rational one, given the perception that they present a severe threat to society. The main challenge in this area of research is a conceptual problem that has significant effects across the field. To this day, scholars have reused and misused titles to define and explain different concepts. The aim of this article is 3-fold. First, to review the concepts of criminal career, professional crime, habitual offenses, and seriality with a critical attitude on confusing terms. Second, to propose the redefinition of concepts mentioned previously, mainly on the criminal career. Third, to propose a theoretical model to enable a better understanding of, and serve as a basis for, further research in this important area of criminology. © The Author(s) 2015.

  12. Proactive and Reactive Composite Scales for the Psychological Inventory of Criminal Thinking Styles (PICTS)

    Walters, Glenn D.

    2006-01-01

    The purpose of this study was to construct composite scales for the Psychological Inventory of Criminal Thinking Styles (PICTS) from the PICTS thinking style, factor, and content scales designed to provide general estimates of criminal thinking. The Entitlement thinking style scale, Self-Assertion/Deception factor scale, and Historical content…

  13. The perfect match: Do criminal stereotypes bias forensic evidence analysis?

    Smalarz, Laura; Madon, Stephanie; Yang, Yueran; Guyll, Max; Buck, Sarah

    2016-08-01

    This research provided the first empirical test of the hypothesis that stereotypes bias evaluations of forensic evidence. A pilot study (N = 107) assessed the content and consensus of 20 criminal stereotypes by identifying perpetrator characteristics (e.g., sex, race, age, religion) that are stereotypically associated with specific crimes. In the main experiment (N = 225), participants read a mock police incident report involving either a stereotyped crime (child molestation) or a nonstereotyped crime (identity theft) and judged whether a suspect's fingerprint matched a fingerprint recovered at the crime scene. Accompanying the suspect's fingerprint was personal information about the suspect of the type that is routinely available to fingerprint analysts (e.g., race, sex) and which could activate a stereotype. Participants most often perceived the fingerprints to match when the suspect fit the criminal stereotype, even though the prints did not actually match. Moreover, participants appeared to be unaware of the extent to which a criminal stereotype had biased their evaluations. These findings demonstrate that criminal stereotypes are a potential source of bias in forensic evidence analysis and suggest that suspects who fit criminal stereotypes may be disadvantaged over the course of the criminal justice process. (PsycINFO Database Record (c) 2016 APA, all rights reserved).

  14. CONCEPTUAL AGGREGATION OF CRIMINAL OFFENCES SEPARATION FROM COLLISION OF THE CRIMINAL LAW NORMS

    Persidskis, Ainārs

    2017-01-01

    The topic of the paper is the conceptual aggregation of criminal offences separation from collision of the Criminal Law norms. The conceptual aggregation of criminal offences is the most difficult type of all multiplicity types of criminal offences. This research paper provides an overview of the conceptual aggregation of criminal offences separation from collision of the Criminal Law norms. In the paper is given analyses of conceptual aggregation of criminal offences separation from collisio...

  15. Constitutional collisions of criminal law

    Sergey M. Inshakov

    2016-12-01

    Full Text Available Objective to identify and resolve conflicts between the norms of constitutional and criminal law which regulate the issue of legal liability of senior officials of the state. Methods formallogical systematic comparativelegal. Results the article analyzes the embodiment of the principle of citizensrsquo equality under the law regarding the criminal responsibility of the President of the Russian Federation as one of the segments of the elite right other criminal and legal conflicts are considered associated with the creation of conditions for derogation from the principle of equality. Basing on this analysis the means of overcoming collisions between the norms of constitutional and criminal law are formulated. Scientific novelty in the article for the first time it has been shown that in the Russian criminal law there are exceptions to the principle of citizensrsquo equality under the law relating to the President of the Russian Federation the conflicts are identified between the norms of constitutional and criminal law regulating the issue of legal liability of senior officials of the state ways of overcoming conflicts are suggested. Practical significance the main provisions and conclusions of the article can be used in research and teaching in the consideration of issues of senior state officialsrsquo criminal liability.

  16. International Criminalization of International Terrorizm

    Alexander Grigoryevich Volevodz

    2014-01-01

    Full Text Available Analysis and studying of the terrorism in all its facets is a complex entangled problem with less clear legal regulation that it might seem at first glance, especially after its transformation from local phenomenon into a world threat. Hitherto terrorism and actions connected to it have been criminalized by the majority of states. There are in modern criminal law whole systems of rules on criminal liability for terrorism which differs considerably from country to country. Terrorism has been criminalized in numerous international regional and universal antiterrorist legal instruments. The author notes that differences in definitions that are enshrined in them hinders international cooperation in criminal matters with respect to terrorist cases. Difficulties reside in the necessity to meet the dual criminality requirement and in the political offense exception. These difficulties can only be overcome through elaboration of a universally recognized definition of the notion of international terrorism and making it legally binding via its inclusion into a universal convention. The issue of definition of international terrorism is an important part of an efficient mutual assistance among states in fight against this crime. In this article the author accounts of actual ways of tackling by the international community of the issue of criminalization of international terrorism and of factors influencing them.

  17. CRIMINAL PROTECTION OF PRIVATE LIFE

    RADU SLAVOIU

    2012-05-01

    Full Text Available This study is meant, first of all, to analyze the incriminations that the new Romanian Criminal Code sets for the protection of a person’s private life as a social value of maximum significance both for the human being and for any democratic society as a whole.There are two criminal offences treated in this study that are not to be found in the current criminal legislation: violation of private life and criminal trespassing of a legal person’s property. Likewise, the study will bring forth the novelties and the differences regarding the offences of criminal trespassing of a natural person’s property, disclosure of professional secret, violation of secret correspondence, illegal access to computerized system and illegal interception of electronic data transfer – acts that when, directly or indirectly, committed can cause harm to the intimacy of a person’s life.As an expression of the interdisciplinary nature of this subject, the study also sets out, as a subsidiary aspect, an evaluation of the circumstances under which the new criminal proceeding legislation allows public authorities to interfere with an individual’s private life. Thus, the emphasis is on the analysis of the circumstances under which special surveillance and investigation techniques can be used as evidence proceedings regulated by the new Romanian Criminal Procedure Code.

  18. Objective Truth Institution in Criminal Procedure

    Voltornist O. A.

    2012-11-01

    Full Text Available The article deals with the category of objective truth in criminal procedure, its importance for correct determination of criminal court procedure aims. The author analyzes also the bill draft offered by the RF Committee of Inquiry “On amending in the RF Criminal Procedure Code due to the implementation ofobjective truth institution in criminal procedure”

  19. Criminal Law Study Guide (Revision)

    1998-01-01

    .... Correct application of principles of military criminal law. This study guide is the is the primary text for students in the course and may be also useful to practicing judge advocates as a starting point for research...

  20. Handedness, criminality, and sexual offending.

    Bogaert, A F

    2001-01-01

    A very large database was used to investigate whether men with a history of criminality and/or sexual offending have a higher incidence of nonright-handedness (NRH) relative to a control sample of nonoffender men. The sample (N>8000) comprised interviews by investigators at the Kinsey Institute for Sex and Reproduction in Indiana. The general offender group and a subsample of sex offenders (e.g. pedophiles) had a significantly higher rate of NRH relative to the control (nonoffender) men. In addition, evidence was found that the general criminality/NRH relationship might result from increased educational difficulties that some nonright-handers experience. In contrast, education was unrelated to the handedness/pedophilia relationship, suggesting that there may be a different mechanism underlying the handedness/pedophile relationship than the handedness/(general) criminality relationship. Finally, as a cautionary note, it is stressed that the effects are small and that NRH should not be used as a marker of criminality.

  1. Profiling, Screening and Criminal Recruitment

    Christopher Cotton; Cheng Li

    2012-01-01

    We model major criminal activity as a game in which a law enforcement officer chooses the rate at which to screen different population groups and a criminal organization (e.g., drug cartel, terrorist cell) chooses the observable characteristics of its recruits. Our model best describes smuggling or terrorism activities at borders, airports and other security checkpoints. When the social costs of crime are high, law enforcement is most-effective when it is unconstrained in its ability to profi...

  2. Criminal Aspects of Artificial Abortion

    Hartmanová, Leona

    2016-01-01

    Criminal Aspects of Artificial Abortion This diploma thesis deals with the issue of artificial abortion, especially its criminal aspects. Legal aspects are not the most important aspects of artificial abortion. Social, ethical or ideological aspects are of the same importance but this diploma thesis cannot analyse all of them. The main issue with artificial abortion is whether it is possible to force a pregnant woman to carry a child and give birth to a child when she cannot or does not want ...

  3. Spam nation the inside story of organized cybercrime-from global epidemic to your front door

    Krebs, Brian

    2014-01-01

    In Spam Nation, investigative journalist and cybersecurity expert Brian Krebs unmasks the criminal masterminds driving some of the biggest spam and hacker operations targeting Americans and their bank accounts. Tracing the rise, fall, and alarming resurrection of the digital mafia behind the two largest spam pharmacies-and countless viruses, phishing, and spyware attacks-he delivers the first definitive narrative of the global spam problem and its threat to consumers everywhere. Blending cutting-edge research, investigative reporting, and firsthand interviews, this terrifying true story reveals how we unwittingly invite these digital thieves into our lives every day. From unassuming computer programmers right next door to digital mobsters like "Cosma"-who unleashed a massive malware attack that has stolen thousands of Americans' logins and passwords-Krebs uncovers the shocking lengths to which these people will go to profit from our data and our wallets. Not only are hundreds of thousands of Americans expos...

  4. Criminal Liability for Human Abduction​

    Vyacheslav N. Voronin

    2017-08-01

    Full Text Available The Author considers the quality of the construction of the criminal law provision which is stipulated in article 126 of the Criminal Code of Russian Federation (Kidnapping. The Author signifies some application problems of the concerned article, researches judicial interpretations of the elements of crime characteristics and opinions of contemporary scientists who propose to redraft the article. The Author also analyses the law of Armenia, Belarus, Kyrgyzstan, Turkmenistan, Tajikistan and Latvia. On the basis of the research the Author concludes that a primitive disposition which doesn’t include elements of a criminal conduct doesn’t meet the requirements of legality and legal certainty, and, because of the above-mentioned reason, the Author proposes his own definition of the disposition of kidnapping.

  5. Neurologic disorder and criminal responsibility.

    Yaffe, Gideon

    2013-01-01

    Sufferers from neurologic and psychiatric disorders are not uncommonly defendants in criminal trials. This chapter surveys a variety of different ways in which neurologic disorder bears on criminal responsibility. It discusses the way in which a neurologic disorder might bear on the questions of whether or not the defendant acted voluntarily; whether or not he or she was in the mental state that is required for guilt for the crime; and whether or not he or she is deserving of an insanity defense. The discussion demonstrates that a just determination of whether a sufferer from a neurologic disorder is diminished in his or her criminal responsibility for harmful conduct requires equal appreciation of the nature of the relevant disorder and its impact on behavior, on the one hand, and of the legal import of facts about the psychologic mechanisms through which behavior is generated, on the other. © 2013 Elsevier B.V. All rights reserved.

  6. Complicity in International Criminal Law

    Aksenova, Marina

    2014-01-01

    Complicity is a criminal law doctrine that attributes responsibility to those who do not physically perpetrate the crime. It is an essential mode of liability for core international crimes because it reaches out to senior political and military leadership. These persons do not usually engage...... in direct offending, yet in the context of mass atrocities they are often more culpable than foot soldiers. The Statutes of the ad hoc tribunals, hybrid courts and the International Criminal Court expressly provide for different forms of complicity, and domestic legal systems recognize it in one form...... or another. This is in contrast with alternative modes of liability implied from the Statutes to address the situations with multiple accused removed from the scene of the crime / (in)direct co-perpetration, extended perpetration and the joint criminal enterprise....

  7. The European Union and National Criminal Law

    Greve, Vagn

    1995-01-01

    Beware of Punishment. Annika Snare (ed.) Beware of Punishment. On the Utility and Futility of Criminal Law......Beware of Punishment. Annika Snare (ed.) Beware of Punishment. On the Utility and Futility of Criminal Law...

  8. Mentally disordered criminal offenders in the Swedish criminal system.

    Svennerlind, Christer; Nilsson, Thomas; Kerekes, Nóra; Andiné, Peter; Lagerkvist, Margareta; Forsman, Anders; Anckarsäter, Henrik; Malmgren, Helge

    2010-01-01

    Historically, the Swedish criminal justice system conformed to other Western penal law systems, exempting severely mentally disordered offenders considered to be unaccountable. However, in 1965 Sweden enforced a radical penal law abolishing exceptions based on unaccountability. Mentally disordered offenders have since then been subjected to various forms of sanctions motivated by the offender's need for care and aimed at general prevention. Until 2008, a prison sentence was not allowed for offenders found to have committed a crime under the influence of a severe mental disorder, leaving forensic psychiatric care the most common sanction in this group. Such offenders are nevertheless held criminally responsible, liable for damages, and encumbered with a criminal record. In most cases, such offenders must not be discharged without the approval of an administrative court. Two essentially modern principles may be discerned behind the "Swedish model": first, an attempted abolishment of moral responsibility, omitting concepts such as guilt, accountability, atonement, and retribution, and, second, the integration of psychiatric care into the societal reaction and control systems. The model has been much criticized, and several governmental committees have suggested a re-introduction of a system involving the concept of accountability. This review describes the Swedish special criminal justice provisions on mentally disordered offenders including the legislative changes in 1965 along with current proposals to return to a pre-1965 system, presents current Swedish forensic psychiatric practice and research, and discusses some of the ethical, political, and metaphysical presumptions that underlie the current system. Copyright 2010 Elsevier Ltd. All rights reserved.

  9. Relation of criminal offence of tax evasion and criminal offence of non-payment of withholding tax in Serbian criminal law

    Kulić, Mirko; Milošević, Goran

    2011-01-01

    Countries often resort to tightening of criminal sanctions against those who do not fulfill their tax obligations on time. Instead of more organized undertaking of measures to eliminate the causes of tax crime, Serbia seeks to solve the problem by upgrading the criminal legislation. There are six criminal offences which provide for criminal law protection of public revenues. Among these criminal offences, the central place belongs to the criminal offence of tax evasion and criminal offence of...

  10. Defence counsel in international criminal law

    Temminck Tuinstra, J.P.W.

    2009-01-01

    The field of international criminal law is relatively new and rapidly developing. This dissertation examines whether international criminal courts enable defence counsel to conduct an effective defence. When the International Criminal Tribunals for the former Yugoslavia and Rwanda (the ad hoc

  11. Interpreter in Criminal Cases: Allrounders First!

    Frid, Arthur

    1974-01-01

    The interpreter in criminal cases generally has had a purely linguistic training with no difference from the education received by his colleague interpreters. The position of interpreters in criminal cases is vague and their role depends to a large extent on individual interpretation of officials involved in the criminal procedure. Improvements on…

  12. Tax penalties : minor criminal charges?

    Baron, J.; Poelmann, Eric

    2017-01-01

    In European Court of Human Rights (ECtHR) 15 November 2016, No. 24130/11 and 29758/11, (A. and B. v. Norway) the Jussila-doctrine was repeated once again. The ECtHR seems to have taken the next step in the discussion whether the criminal-head guarantees of Article 6 ECHR and other fundamental rights

  13. Cultural Cleavage and Criminal Justice.

    Scheingold, Stuart A.

    1978-01-01

    Reviews major theories of criminal justice, proposes an alternative analytic framework which focuses on cultural factors, applies this framework to several cases, and discusses implications of a cultural perspective for rule of law values. Journal available from Office of Publication, Department of Political Science, University of Florida,…

  14. Study on the Future of Mutual Recognition in Criminal Matters in the European Union

    Vestergaard, Jørn; Adamo, Silvia

    2008-01-01

    Practitioners in the criminal justice system are fairly content with the European Arrest Warrant and other schemes based on the principle of mutual recognition of judicial decisions. This is the result of a survey published by Professor of Criminal Law Jørn Vestergaard and research asststant Silvia...... Adamo from The Faculty of Law, University of Copenhagen. In recent years, the principle  of mutual recognition has become a cornerstone in police and criminal law cooperation between Member States. In particular, the European Arrest Warrant has come to play an important role. The pivotal point...

  15. Criminal characteristics of a group of primary criminals diagnosed with aspd: approach to criminal recidivis

    R. Larrotta-Castillo

    Full Text Available Abstract Introduction: Antisocial personality disorder (ASPD is commonly associated with the risk of criminal recidivism. Knowing more about the factors associated with this pattern of behaviour can help with the design of effective prevention strategies. The purpose of this article is to establish if there are differences in socio-criminogenic variables of a group of criminals sentenced for the first time and with APSD compared to another group of first-time offenders who do not present this disorder. Materials and methods: Analytical observation study of 70 men classified into 2 groups according to the presence of ASPD TPA (n=47; age: 29.98±7.8 years or absence of ASPD (n=23; age: 32.35±8.7 years. Results: The inmates with ASPD showed higher frequencies of current consumption of psychoactive substances (31.9%, criminal associations and simultaneous use of psychoactive substances (70.2%, having committed the crime under the effects of a psychoactive substance (55.3%, not having the possibility of distancing themselves from criminal associations (83% and a lack of legal resources for proceedings for defence and release (76.6%. Discussion: This sample contains a group of variables called dynamic that are more commonly present amongst first time offenders with ASPD; said variables have been associated as major predictors of recidivism. Given that they are regarded as dynamic, they may well be modifiable.

  16. The Execution of Criminal Fine Penalty

    Cosmin Peneoașu

    2014-05-01

    Full Text Available This paper aims at dissecting the criminal provisions on criminal enforcement of fines in current Romanian criminal law with the goal of highlighting the new penal policy stated in the larger field of criminal penalties. In the new Criminal Code the fine penalty experience a new regulation, but also a wider scope compared to the Criminal Code from 1968, with an exponential growth of the number of offenses or variations of them, for which a fine may be imposed as a unique punishment, but, especially, as an alternative punishment to imprisonment. Consequently, to ensure the efficiency of this punishment, the effective enforcement manner of the fine takes a new dimension. The study aims both students and academics or practitioners in the making. Furthermore, throughout the approach of this scientific research, new matters that new criminal legislation brings, are emphasized regarding this institution, both in a positive, and especially under a critical manner.

  17. Understanding criminal behavior: Empathic impairment in criminal offenders.

    Mariano, Melania; Pino, Maria Chiara; Peretti, Sara; Valenti, Marco; Mazza, Monica

    2017-08-01

    Criminal offenders (CO) are characterized by antisocial and impulsive lifestyles and reduced empathy competence. According to Zaki and Ochsner, empathy is a process that can be divided into three components: mentalizing, emotional sharing and prosocial concern. The aim of our study was to evaluate these competences in 74 criminal subjects compared to 65 controls. The CO group demonstrated a lower ability in measures of mentalizing and sharing, especially in recognizing the mental and emotional states of other people by observing their eyes and sharing other people's emotions. Conversely, CO subjects showed better abilities in prosocial concern measures, such as judging and predicting the emotions and behavior of other people, but they were not able to evaluate the gravity of violations of social rules as well as the control group. In addition, logistic regression results show that the higher the deficits in the mentalizing component are, the higher the probability of committing a crime against another person. Taken together, our results suggest that criminal subjects are able to judge and recognize other people's behavior as right or wrong in a social context, but they are not able to recognize and share the suffering of other people.

  18. Emotional intelligence and criminal behavior.

    Megreya, Ahmed M

    2015-01-01

    A large body of research links criminality to cognitive intelligence and personality traits. This study examined the link between emotional intelligence (EI) and criminal behavior. One hundred Egyptian adult male offenders who have been sentenced for theft, drug dealing or murder and 100 nonoffenders were administered the Bar-On Emotional Quotient Inventory (EQ-i). The offenders had lower levels of EI than the nonoffenders. In addition, EI varied as a function of the types of offenses. Namely, it decreased in magnitude with crime severity (lowest for murder, higher for drug dealing, and highest for theft). These results converged with the direct/ indirect aggression theory suggesting that indirect aggression requires more social intelligence than physical aggression. Forensic intervention programs should therefore include EI training, especially when violence is involved. © 2014 American Academy of Forensic Sciences.

  19. Born criminal? Differences in structural, functional and behavioural lateralization between criminals and noncriminals.

    Savopoulos, Priscilla; Lindell, Annukka K

    2018-02-15

    Over 100 years ago Lombroso [(1876/2006). Criminal man. Durham: Duke University Press] proposed a biological basis for criminality. Based on inspection of criminals' skulls he theorized that an imbalance of the cerebral hemispheres was amongst 18 distinguishing features of the criminal brain. Specifically, criminals were less lateralized than noncriminals. As the advent of neuroscientific techniques makes more fine-grained inspection of differences in brain structure and function possible, we review criminals' and noncriminals' structural, functional, and behavioural lateralization to evaluate the merits of Lombroso's thesis and investigate the evidence for the biological underpinning of criminal behaviour. Although the body of research is presently small, it appears consistent with Lombroso's proposal: criminal psychopaths' brains show atypical structural asymmetries, with reduced right hemisphere grey and white matter volumes, and abnormal interhemispheric connectivity. Functional asymmetries are also atypical, with criminal psychopaths showing a less lateralized cortical response than noncriminals across verbal, visuo-spatial, and emotional tasks. Finally, the incidence of non-right-handedness is higher in criminal than non-criminal populations, consistent with reduced cortical lateralization. Thus despite Lombroso's comparatively primitive and inferential research methods, his conclusion that criminals' lateralization differs from that of noncriminals is borne out by the neuroscientific research. How atypical cortical asymmetries predispose criminal behaviour remains to be determined.

  20. The debate on expanding criminal law towards upper class criminality and minimal criminal law

    Julio César Montáñez-Ruiz

    2010-06-01

    Full Text Available Hoy en día el debate sobre la pregunta de cuáles conflictos sociales deben ser castigados desde la óptica de la política criminal aún continúa. La batalla para imponer un particular discurso de criminalidad está relacionada con el hecho de que el marco de la criminalización depende del legislador que refleja la expansión punitiva. El propósito de este artículo es discutir sobre la lucha entre modelos de criminalización, los cuales, de una parte, tienden a la aplicación del sistema criminal persiguiendo a la criminalidad de las clases poderosas y, de otra, buscan el criterio de intervención mínima para prevenir la excesiva intervención del derecho penal.

  1. The Rise of the Autonomous Cyber Criminal

    Rogers, Marcus

    2015-01-01

    Are we on the threshold of a new evolution of cyber crime? There has been numerous discussions and SciFi themes that have centered around truly autonomous online criminal behavior. This talk will look at the myths and realities surrounding the potential for automated systems to turn to the "dark side" and become uber cyber criminals, and what if anything we can do to prevent or at least detect this type of criminal behavior.

  2. Guarantee of Criminal Policy as Limited to Criminal Decisionism

    María Belén Bonilla Albán

    2016-06-01

    Full Text Available The essay explains how the inclusion of the security of public policy in the 2008 Constitution of Ecuador as part of the constitutional state of law and justice or “guarantor state” can become a substantial limit for criminal decisionism, which is usually behind the penal policy in Latin America. Thus, the function of this collateral is to eliminate the huge space of discretion in the management of the most sensitive policy of modern state penal policy. However, the guarantee of public policy is not clear in determining the limits of punitive power; therefore, this paper seeks to explore some of the international human rights.

  3. Quasi and real toughening of criminal liability for mediation of bribery

    Evgeniya V. Rogova

    2015-12-01

    Full Text Available Objective to identify the disputable issues of criminallegal regulation and problems of criminal law norms application establishing liability for mediation in bribery. Basing on the analysis to propose ways to resolve some of them. Methods for the accuracy and completeness general and special methods of scientific cognition were applied. The general methods include historicallegal logicallegal comparative legal methods systemic analysis and synthesis. Special methods are study of documents and content analysis expert evaluation method. Results the authors came to a conclusion about the need to reform the law concerning the criminal liability for mediation in bribery. One of the solutions to the problem is to change the disposition of Article 291.1 of the Criminal Code. However a comprehensive analysis of the problems of application of this regulation and the norms of the General part of the Criminal Code indicates that there is no need to legislatively confirm the criminal liability for mediation in bribery. Scientific novelty the complex analysis of problems of the application of Article 291.1 of the RF Criminal Code has been made which serves as the basis to justify the inconsistency of this provision of the criminal law a proposal is made to make amendments in the norms of the General part of the Criminal Code of the Russian Federation relating to the concept of accomplice of the crime. Practical significance the results can be used in the reforming of criminal legislation of the Russian Federation and also at the further research of problems of differentiation of liability for bribery.

  4. HIV is a virus, not a crime: ten reasons against criminal statutes and criminal prosecutions

    Cameron, Edwin; Burris, Scott; Clayton, Michaela

    2008-01-01

    Abstract The widespread phenomenon of enacting HIV-specific laws to criminally punish transmission of, exposure to, or non-disclosure of HIV, is counter-active to good public health conceptions and repugnant to elementary human rights principles. The authors provide ten reasons why criminal laws and criminal prosecutions are bad strategy in the epidemic.

  5. A triangle model of criminality

    Nuno, J.C.; Herrero, M.A.; Primicerio, M.

    2008-01-01

    This paper is concerned with a quantitative model describing the interaction of three sociological species, termed as owners, criminals and security guards, and denoted by X, Y and Z respectively. In our model, Y is a predator of the species X, and so is Z with respect to Y . Moreover, Z can also be thought of as a predator of X, since this last population is required to bear the costs of maintaining Z. We propose a system of three ordinary differential equations to account for the time evolu...

  6. ‘The Very Foundations of Any System of Criminal Justice’: Criminal Responsibility in the Australian Model Criminal Code

    Arlie Loughnan

    2017-08-01

    Full Text Available The Model Criminal Code (MCC was intended to be a Code for all Australian jurisdictions. It represents a high point of faith in the value and possibility of systematising, rationalising and modernising criminal law. The core of the MCC is Chapter 2, the ‘general principles of criminal responsibility’, which outlines the ‘physical’ and ‘fault’ elements of criminal offences, and defines concepts such as recklessness. This paper assesses the MCC as a criminal law reform project and explores questions of how the MCC came into being, and why it took shape in certain ways at a particular point in time. The paper tackles these questions from two different perspectives—‘external’ and ‘internal’ (looking at the MCC from the ‘outside’ and the ‘inside’. I make two main arguments. First, I argue that, driven by a ‘top down’ law reform process, the MCC came into being at a time when changes in crime and criminal justice were occurring, and that it may be understood as an attempt to achieve stability in a time of change. Second, I argue that the significance of the principles of criminal responsibility, which formed the central pivot of the MCC, lies on the conceptual level—in relation to the language through which the criminal law is thought about, organised and reformed.

  7. Editorial International Criminal Justice, Peace and Reconciliation in ...

    conference in July 2014 on the theme 'International Criminal Justice,. Reconciliation ... International Criminal Court (ICC) had come to occupy in discussions .... Pella, V. P., 1950, 'Towards an international criminal court', The American Journal.

  8. Psycho-Sociological Review of Criminal Thinking Style

    Boduszek, Daniel; Hyland, Philip

    2012-01-01

    Criminal thinking has been long established as a very important predictor of criminal behaviour, however far less research effort has been undertaken to understand what variables can predict the emergence of criminal thinking. Considering the importance of criminal thinking, we feel it necessary to conduct a systematic review of the literature on criminal thinking in order to bring together what is currently known regarding the factors that relate to, and predict, habitual criminal thinking s...

  9. Criminal Misdemeanor: Novels of the Russian Criminal Legislation and Questions of Its Improvement​

    Yurchenko Irina A.

    2018-03-01

    Full Text Available The article is devoted to the problem of legally securing in the Criminal Code of the Russian Federation the concept of a criminal misdemeanor. On the basis of doctrinal provisions, Russian and foreign criminal legislation, the concept of a criminal misdemeanor is investigated, its relation to an insignificant act is analyzed, and the category of administrative prejudice is analyzed. The Author justifies the position according to which criminal misdemeanor cannot be a kind of crime of little gravity. It is concluded that a group of crimes with administrative prejudice, regardless of their category, should be classified as a criminal misdemeanor. With regard to this type of socially dangerous acts, the criminal law proposes to use the term “criminal misdemeanor”. An approach is presented to the establishment in the Criminal Code of the Russian Federation of a preferential criminal law regime for criminal misdemeanor: the unpunishable assassination and complicity in such a crime, the absence of aggregate and relapse, if one of the crimes is small, the reduction of the statute of limitations, the recognition of the person who committed such an act is unacceptable.

  10. Mapping Criminal Governance in African Cities | IDRC ...

    Mapping Criminal Governance in African Cities. This grant will allow the Institute for Security Studies (ISS), through its Organized Crime and Money Laundering Programme (OCML), to explore the causal links between weak state authority and the emergence of criminal governance ... Profile of crime markets in Dakar.

  11. Criminal Trajectories of White-collar Offenders

    van Onna, J.; van der Geest, V.R.; Huisman, W.; Denkers, A.J.M.

    2014-01-01

    Objectives:This article analyzes the criminal development and sociodemographic and criminal profile of a sample of prosecuted white-collar offenders. It identifies trajectory groups and describes their profiles based on crime, sociodemographic, and selection offence characteristics.Methods:The

  12. The Relative Ineffectiveness of Criminal Network Disruption

    Duijn, Paul A. C.; Kashirin, Victor; Sloot, Peter M. A.

    2014-01-01

    Researchers, policymakers and law enforcement agencies across the globe struggle to find effective strategies to control criminal networks. The effectiveness of disruption strategies is known to depend on both network topology and network resilience. However, as these criminal networks operate in secrecy, data-driven knowledge concerning the effectiveness of different criminal network disruption strategies is very limited. By combining computational modeling and social network analysis with unique criminal network intelligence data from the Dutch Police, we discovered, in contrast to common belief, that criminal networks might even become ‘stronger’, after targeted attacks. On the other hand increased efficiency within criminal networks decreases its internal security, thus offering opportunities for law enforcement agencies to target these networks more deliberately. Our results emphasize the importance of criminal network interventions at an early stage, before the network gets a chance to (re-)organize to maximum resilience. In the end disruption strategies force criminal networks to become more exposed, which causes successful network disruption to become a long-term effort. PMID:24577374

  13. Child maltreatment and adult criminal behavior: does criminal thinking explain the association?

    Cuadra, Lorraine E; Jaffe, Anna E; Thomas, Renu; DiLillo, David

    2014-08-01

    Criminal thinking styles were examined as mediational links between different forms of child maltreatment (i.e., sexual abuse, physical abuse, and physical neglect) and adult criminal behaviors in 338 recently adjudicated men. Analyses revealed positive associations between child sexual abuse and sexual offenses as an adult, and between child physical abuse/neglect and endorsing proactive and reactive criminal thinking styles. Mediation analyses showed that associations between overall maltreatment history and adult criminal behaviors were accounted for by general criminal thinking styles and both proactive and reactive criminal thinking. These findings suggest a potential psychological pathway to criminal behavior associated with child maltreatment. Limitations of the study as well as research and clinical implications of the results are discussed. Copyright © 2014 Elsevier Ltd. All rights reserved.

  14. Legislative virus in the system of the Criminal Code of Ukraine: definition and actualization of the problem on the example of Article 368-2 of the Criminal Code of Ukraine

    Василь Миколайович Киричко

    2016-06-01

    Full Text Available In this article was first justified need for a scientific use of a term «legislative virus in the system of the Criminal Code of Ukraine» and its definition is provided. This virus is proposed to understand a legislative requirement, which, after its inclusion in the Criminal Code of Ukraine, interacting with other elements of the system, determines the content of the criminal law legalized the possibility of arbitrary violation of human rights at its application in practice. As an example, the presence of the virus in the Article 368-2 of the Criminal Code of Ukraine «Illegal enrichment» was detail analyzed, shown history of the emergence of the virus and its impact on the determination of the content of this Article and how it causes human rights violations in the application of this Article in practice. The search of the viruses in the system of the Criminal Code of Ukraine is recognized the urgent task for the science of criminal law. Fighting these viruses is one of the areas of implementation of the rule of law principle in criminal law of Ukraine.

  15. Rehabilitation and Re-socialization of Criminals in Iranian Criminal Law.

    Mollaei, Mohammad; Ghayoomzadeh, Mahmood; Mirkhalili, Seyed Mahmoud

    2018-02-08

    One of the concerns that always remain for the repentant criminal is the condition for his return to society. This concern may be so strong and effective that the criminal may seclude from the society due to the fear of its consequences and may return to crime. Therefore, paying attention to eliminating the social effect of the criminal conviction of criminals can return security to society and return the repentant criminals to normal life. So, all military and social institutions are effective in the re-socialization, in such a way that the re-socialization of criminals requires the provision of social platforms that starts with their own family and expands to society. The main concern of this research is how we can provide the favorable conditions for the re-socialization of repentant criminals that effectively realize the socialization goals. The Islamic Penal Code initiatives in 2013, despite the gaps in this regard, partly help to achieve such goals, but they are not enough. Therefore, the present article focused on the criminals' re-socialization and tried to raise the criminals' re-socialization both socially and criminally. The method was descriptive analytical. The result showed that the Islamic Penal Code, adopted in 2013 on the period of the subsequent effects, needs to be reformed, and the effective social institutions should be raised orderly in such a case.

  16. Personality correlates of criminals: A comparative study between normal controls and criminals

    Sinha, Sudhinta

    2016-01-01

    Background: Personality is a major factor in many kinds of behavior, one of which is criminal behavior. To determine what makes a criminal “a criminal,” we must understand his/her personality. This study tries to identify different personality traits which link criminals to their personality. Materials and Methods: In the present study, 37 male criminals of district jail of Dhanbad (Jharkhand) and 36 normal controls were included on a purposive sampling basis. Each criminal was given a personal datasheet and Cattel's 16 personality factors (PFs) scale for assessing their sociodemographic variables and different personality traits. Objective: The objective of this study was to examine the relation between personality traits and criminal behavior, and to determine whether such factors are predictive of future recidivism. Results: Results indicated high scores on intelligence, impulsiveness, suspicion, self-sufficient, spontaneity, self-concept control factors, and very low scores on emotionally less stable on Cattel's 16 PFs scale in criminals as compared with normal. Conclusion: Criminals differ from general population or non criminals in terms of personality traits. PMID:28163407

  17. Criminal tendencies and psychological testing

    Sobchik L. N.

    2017-04-01

    Full Text Available Methods of psychological diagnostics closer to the psychology main research areas, which involve measuring the accuracy and statistical reliability. A set of methods that includes questionnaires should be complemented with projective tests in which the stimulus material is verbal in nature. The article presents the results of surveys of different groups of persons in conflict with the law, as well as screening tests contingent of youth groups and adolescents. High performance, spontaneously manifested aggressiveness, traits, emotional immaturity, low self-control and primitive-the requirement of the hierarchy of values at statistically significant level are identified in the data psychodiagnostic study, thus allowing to allocate the risk of wrongful conduct and to develop preventive measures of psycho-pedagogical and social nature. Psychological testing is an effective tool in the study of criminal predisposici and gives the key to a science-based approach in the development of preventive measures aimed at reducing crime.

  18. Criminal Courts of Justice, Dublin

    Jonathan Tooth

    2012-04-01

    Full Text Available The newly completed Criminal Courts of Justice (CCJ at Parkgate Street in Dublin 8 is the largest courts project undertaken in the history of the Irish State. The design of the heating, ventilation and air conditioning (HVAC systems was based on computer simulated modelling of the build ing to determine the optimum plant selection and operation based on the contract conditions and energy targets. The report will analyse the computer simulated energy targets versus the actual energy consumption and assess the benefit of engineering solutions such as twin-skin facades and heat recovery based on real data. The report will draw conclusions on the real benefit of such systems with in the built environment. In addition to the energy targets, the report will discuss the commission ing processes involved in delivering the energy targets required and the importance of designing metering strategies to enable the data to be collected and analysed.

  19. Protecting Children Rights under International Criminal Justice

    Erinda Duraj (Male

    2015-03-01

    Full Text Available Children are a central concern of international criminal justice. International crimes and other forms of violence and the abuse of children are disturbing daily realities in today’s world. Children and young persons are increasingly being targeted for the purposes of murder, rape, abduction, mutilation, recruitment as child soldiers, trafficking, sexual exploitation and other abuses. Sierra Leone, the Democratic Republic of Congo, Rwanda, Colombia, and many others illustrate this. The participation of children in international criminal justice and other accountability mechanisms is now one of the major issues facing criminal justice today. In this sense, this paper presents a short overview on the issue of children and their participation in international criminal justice. The paper thus focuses on giving a definition of “child/children” according to international norms, which are the key principles of children’s rights, their participation in the criminal justice system, the different international crimes committed by them or against them etc. Also, this paper briefly addresses the main contours of the normative framework regarding the criminal responsibility of children for their alleged participation in international crimes. It reviews international norms regarding children who may be accused of having participated in the commission of such crimes themselves (as child soldiers and identifies their criminal responsibility for such acts. Finally, this paper acknowledges the obligations of states under international law to prosecute persons accused of genocide, war crimes, crimes against humanity, torture and enforced disappearances, specifically focusing on crimes against children.

  20. The Criminal justice system in Northern Ireland

    Carr, Nicola

    2017-01-01

    As with any country, crime and justice and the contours of criminal justice have to be situated within the particular historical, social, and political context. Nowhere is this truer than in Northern Ireland, where the criminal justice system that has emerged has been shaped by a violent political conflict which spanned over three decades (from the late 1960s to the late 1990s). In the transition to peace, the reform of criminal justice agencies has been central—to a wider project of state le...

  1. The suspended sentence in French Criminal Law

    Jovašević Dragan

    2016-01-01

    Full Text Available From the ancient times until today, criminal law has provided different criminal sanctions as measures of social control. These coercive measures are imposed on the criminal offender by the competent court and aimed at limitting the offender's rights and freedoms or depriving the offender of certain rights and freedoms. These sanctions are applied to the natural or legal persons who violate the norms of the legal order and injure or endanger other legal goods that enjoy legal protection. In order to effectively protect social values, criminal legislations in all countries predict a number of criminal sanctions. These are: 1 imprisonment, 2 precautions, 3 safety measures, 4 penalties for juveniles, and 5 sanctions for legal persons. Apart and instead of punishment, warning measures have a significant role in the jurisprudence. Since they emerged in the early 20th century in the system of criminal sanctions, there has been an increase in their application to criminal offenders, especially when it comes to first-time offenders who committed a negligent or accidental criminal act. Warnings are applied in case of crimes that do not have serious consequences, and whose perpetrators are not hardened and incorrigible criminals. All contemporary criminal legislations (including the French legilation provide a warning measure of suspended sentence. Suspended sentence is a conditional stay of execution of sentence of imprisonment for a specified time, provided that the convicted person does not commit another criminal offense and fulfills other obligations. This sanction applies if the following two conditions are fulfilled: a forma! -which is attached to the sentence of imprisonment; and b material -which is the court assessment that the application of this sanction is justified and necessary in a particular case. In many modern criminal legislations, there are two different types of suspended (conditional sentence: 1 ordinary (classical suspended

  2. Cybercrimes vs. Cyberliberties

    Strossen, Nadine

    This new Introduction explains how all of the themes and conclusions of the original chapter remain valid despite intervening developments, including the 2001 terrorist attacks. It shows that the major points that the 1999 chapter made about one particular medium, at one particular historical point, concerning particular safety and security issues that were then at the forefront of public concern, apply more universally to other media, during other historical periods, and regarding other safety and security concerns. The Introduction supports this generalization by analyzing two sets of subsequent developments. First, it shows that post-911 surveillance measures that target communications, including Internet communications, violate freedom of speech and privacy without sufficient countervailing security benefits. Second, it shows that the government’s continuing efforts to suppress online sexual expression, in order to protect children from seeing it, continue appropriately to be struck down by the courts as violating free speech rights without sufficient countervailing benefits.

  3. Justifying genetics as a possible legal defence to criminal ...

    However, jurisprudence of many criminal cases tends to question whether a person's inherited genes predispose him to violence and further determine his criminal responsibility in law. Under the Nigerian criminal law, the legal test of criminal responsibility is mainly whether the accused person intends the consequence of ...

  4. Methods and manners of interpretation of criminal norms | Assefa ...

    The criminal justice system is constituted of criminal norms, institutions and methods, among others. Interpretation of the criminal law is a process that transforms the text of the law into reality. The process is influenced by various factors, such as, the courts' conception of the criminal law, the concept and practice of ...

  5. 5. Combating Cyber Racism: Analisis Komparatif Terhadap Implementasi Protokol Tambahan Council of Europe Convention on Cybercrime Tentang Cyber Racism (CETS 189) Di Amerika Serikat Dan Australia Tahun 2012-2016

    Charlina, Riani; Utama, Tri Cahya; Farabi, Nadia

    2017-01-01

    In this globalization era, technological advances undeniably encouraged the developmentof the scope of crime along with the development of science. The phenomenon of crimecommitted in cyberspace, known as cybercrime, is one of the most dangerous crimes thatare currently faced by most people in the world. One of those crimes is racism incyberspace or what so-called cyber racism. The United States and Australia are the twolargest countries out of the Council of Europe member countries which com...

  6. Mapping the criminal mind: idiographic assessment of criminal belief systems.

    Walters, Glenn D

    2005-02-01

    An idiographic procedure designed to assess the belief systems of criminal offenders is described, investigated, and clarified. This measure, the Cognitive Map of Major Belief Systems (CMMBS), assesses the five belief systems (self-view, world-view, past-view, present-view, future-view) held to occupy the higher echelons of human cognition. Modest to moderate test-retest reliability was achieved when 19 inmates, enrolled in one of three drug-counseling groups, completed the CMMBS on two separate occasions, 2 weeks apart. It was also ascertained that the drug treatment specialist who served as therapist for all three groups "blindly" matched the 19 CMMBS records to the inmates who produced them. A case study of one of the 19 participants was used to illustrate how the CMMBS is employed with individual offenders and how belief systems interact with major schematic subnetworks such as attributions, outcome expectancies, efficacy expectancies, goals, values, and thinking styles to create crime-supporting lifestyles.

  7. Dynamical analysis of a model of social behavior: Criminal vs non-criminal population

    Abbas, Syed; Tripathi, Jai Prakash; Neha, A.A.

    2017-01-01

    Highlights: • A new social model of interaction between criminal and non-criminal population is proposed • The effect of law enforcement is studied • Many real life situations are analyzed • List of open problems is given for future work. - Abstract: In this paper, we construct a model motivated by the well known predator-prey model to study the interaction between criminal population and non-criminal population. Our aim is to study various possibilities of interactions between them. First we model it using simple predator-prey model, then we modify it by considering the logistic growth of non-criminal population. We clearly deduce that the model with logistic growth is better than classical one. More precisely, the role of carrying capacity on the dynamics of criminal minded population is discussed. Further, we incorporate law enforcement term in the model and study its effect. The result obtained suggest that by incorporating enforcement law, the criminal population reduces from the very beginning, which resembles with real life situation. Our result indicates that the criminal minded population exist as long as coefficient of enforcement l_c does not cross a threshold value and after this value the criminal minded population extinct. In addition, we also discuss the occurrence of saddle-node bifurcation in case of model system with law enforcement. Numerical examples and simulations are presented to illustrate the obtained results.

  8. Original article Latent classes of criminal intent associated with criminal behaviour

    Daniel Boduszek

    2014-07-01

    Full Text Available Background This study aimed to examine the number of latent classes of criminal intent that exist among prisoners and to look at the associations with recidivism, number of police arrests, type of offending (robbery, violent offences, murder, and multiple offences, and age. Participants and procedure Latent class analysis was used to identify homogeneous subgroups of prisoners based on their responses to the 10 questions reflecting criminal intent. Participants were 309 male recidivistic prisoners incarcerated in a maximum security prison. Multinomial logistic regression was used to interpret the nature of the latent classes, or groups, by estimating the association between recidivism and latent classes of criminal intent while controlling for offence type (robbery, violent offences, murder, and multiple offences, number of arrests, and age. Results The best fitting latent class model was a three-class solution: ‘High criminal intent’ (49.3%, ‘Intermediate criminal intent’ (41.3%, and ‘Low criminal intent’ (9.4%. The latent classes were differentially related to the external variables (recidivism, violent offences, and age. Conclusions Criminal intent is best explained by three homogeneous classes that appear to represent an underlying continuum. Future work is needed to identify whether these distinct classes of criminal intent may predict engagement in various types of criminal behaviour.

  9. A Framework for visualization of criminal networks

    Rasheed, Amer

    networks, network analysis, composites, temporal data visualization, clustering and hierarchical clustering of data but there are a number of areas which are overlooked by the researchers. Moreover there are some issues, for instance, lack of effective filtering techniques, computational overhead......This Ph.D. thesis describes research concerning the application of criminal network visualization in the field of investigative analysis. There are number of way with which the investigative analysis can locate the hidden motive behind any criminal activity. Firstly, the investigative analyst must...... have the ability to understand the criminal plot since a comprehensive plot is a pre-requisite to conduct an organized crime. Secondly, the investigator should understand the organization and structure of criminal network. The knowledge about these two aspects is vital in conducting an investigative...

  10. Criminal sanctions: does imprisonment strategy reduce crimes ...

    What works, in our views, is the delivery of appropriate correctional treatment, and ... adult criminal treatment among both Lagos and Enugu prisoners that summarized ... Keywords: Imprisonment, Sanctions, Crimes, Rehabilitation, Recidivism.

  11. What Defines an International Criminal Court?

    Kjeldgaard-Pedersen, Astrid

    2015-01-01

    that only criminal tribunals deriving their authority from international law should be labelled ‘international’, while the term ‘national criminal court’ should apply to tribunals set up under national law. This terminology would underline that issues concerning jurisdiction and applicable law must......Since the post-World War II tribunals, only few scholars have attempted to draw a definitional distinction between international and national criminal courts. Remarkable exceptions include Robert Woetzel, who in 1962 categorized criminal courts according to ‘the involvement of the international...... that ‘the involvement of the international community’ is at best an unhelpful criterion when it comes to resolving questions, e.g. regarding the immunity of state officials and the relevance of domestic law, that require a determination of the legal system in which the court operates. Instead, it is argued...

  12. Page | 14 STATES' CRIMINAL JURISDICTION UNDER ...

    Fr. Ikenga

    The criminal jurisdiction of a State's courts under international law is primarily territorial.25 Only under ..... Attorney General of the Government .... also P. Sands, ''After Pinochet : the role of national courts'' in P. Sands (ed) From Nuremberg to ...

  13. Expert Evidence and International Criminal Justice

    Appazov, Artur

    The book is a comprehensive narration of the use of expertise in international criminal trials offering reflection on standards concerning the quality and presentation of expert evidence. It analyzes and critiques the rules governing expert evidence in international criminal trials...... and the strategies employed by counsel and courts relying upon expert evidence and challenges that courts face determining its reliability. In particular, the author considers how the procedural and evidentiary architecture of international criminal courts and tribunals influences the courts' ability to meaningfully...... incorporate expert evidence into the rational fact-finding process. The book provides analysis of the unique properties of expert evidence as compared with other forms of evidence and the challenges that these properties present for fact-finding in international criminal trials. It draws conclusions about...

  14. Violent and criminal manifestations in dementia patients.

    Cipriani, Gabriele; Lucetti, Claudio; Danti, Sabrina; Carlesi, Cecilia; Nuti, Angelo

    2016-05-01

    Although the older adults have been studied as victims of violence, geriatric patients can display violent behavior. The purpose of the present review was to explore the phenomenon of criminal violations and violent acts in people with dementia. The authors used PubMed to search the MEDLINE database and other sources for original research and review articles on criminal and violent manifestation in demented patients combining the terms "criminal manifestation," "violence, aggressive behavior," "homicide," "suicide" and "homicide-suicide" together with "dementia". Possible biomarkers of violence are considered. The present review highlights the risk factors for violence in patients suffering from dementia, and reviews the literature about criminal violations and homicidal/suicidal behavior in this patient group. Geriatr Gerontol Int 2016; 16: 541-549. © 2015 Japan Geriatrics Society.

  15. Are Celebrities Criminally Responsible For Deceptive Advertising?

    2010-01-01

    The State Administration for Industry and Commerce recently said it has suggested the addition of an article in the Advertising Law to make celebrities who represent fake products in deceptive advertising criminally responsible for their actions if it is confirmed

  16. Employers liability to the international criminal court

    Yenifer Yiseth Suárez Díaz

    2014-01-01

    Full Text Available The constant changes in the social dynamics due to economic and technological development has brought along the need to dispose of a High Court, with competence over International Crimes. The above was the reason to establish the International Criminal Court, destined to prosecute and punish the maximum responsible for crimes of its jurisdiction. Nonetheless, despite the existence of individual criminal responsibility as an accomplice in the case of entrepreneurs who contribute to the crime, there is not an actual investigation or conviction as such in the Court fase for those individuals. Through a criminological study, the actions in the frame of the criminal policy in international law, in order to hold individual criminal responsibility towards entrepreneurs for international crimes, will be evaluated, from the dogmatic categories established in the international guidelines as well as from international doctrine.

  17. Criminal Network Investigation: Processes, Tools, and Techniques

    Petersen, Rasmus Rosenqvist

    important challenge for criminal network investigation, despite the massive attention it receives from research and media. Challenges such as the investigation process, the context of the investigation, human factors such as thinking and creativity, and political decisions and legal laws are all challenges...... that could mean the success or failure of criminal network investigations. % include commission reports as indications of process related problems .. to "play a little politics" !! Information, process, and human factors, are challenges we find to be addressable by software system support. Based on those......Criminal network investigations such as police investigations, intelligence analysis, and investigative journalism involve a range of complex knowledge management processes and tasks. Criminal network investigators collect, process, and analyze information related to a specific target to create...

  18. International Criminal Law: Over-studied and Underachieving?

    Van Sliedregt, E

    2016-01-01

    In his recent review of Neil Boister's book, An Introduction to Transnational Criminal Law, Robert Currie praises the author for shedding light on a field of law that has suffered from inattention. Transnational criminal law (TCL), the 'other' branch of what was traditionally called international criminal law, has been overshadowed by international criminal law 'proper' (ICL). The establishment of international criminal tribunals after the end of the Cold War, culminating in the establishment...

  19. Discovering Cartels: Dynamic Interrelationships between Civil and Criminal Antitrust Investigations

    Ghosal, Vivek

    2006-01-01

    This paper focuses on the genesis, taxonomy and timeline of U.S. criminal antitrust investigations, and uses time-series data on enforcement to examine the interrelationships between the various criminal enforcement variables as well as the linkages between criminal and civil enforcement. The key findings are: (1) there appears to be considerable dynamic interplay between the criminal variables. For example, an increase in grand jury investigations or criminal cases initiated or the number of...

  20. Criminal law and psychology: Connection points

    Drakić Dragiša

    2014-01-01

    In the paper the author discovers and analyzes areas which represent points of connection between criminal law and psychology, the areas in which cooperation between these two fields of science is possible and desirable. This article is divided into several sections. Firstly, the author talks about the emergence of psychology as a science and its definition. In the sections that follow the author offers analysis of initial contact between ways of thinking in primeval criminal law and psycholo...

  1. Colour revolutions: criminal-legal aspect

    Sergey Alekseyevich Gordeychik

    2015-03-01

    Full Text Available Objective basing on the analysis of colour revolution technologies in different countries to formulate propositions for improving criminal legislation aimed at counteraction against this phenomenon. Methods general scientific induction deduction analysis synthesis and specific scientific formaljuridical and comparativelegal. Results using the results of colour revolutionsrsquo research carried out by political scientists the author evaluates the character and level of public danger of colour revolutions. The author states that the colour revolutions threaten the normal existence of the country or several countries. The conclusion is made that the colour revolutions must be counteracted by criminallegal means. The article states the absence of norms in the existing criminal legislation which would impose criminal liability on organizers incendiaries and participants of colour revolutions. It is proposed to supplement the existing criminal law with the norm stipulating the liability for such deeds and to insert this norm into Art. 34 ldquoCrimes against peace and security of humanityrdquo thus equating organization preparation and implementing colour revolutions with planning preparation launching and conducting an aggressive war Art. 353 of the Russian Criminal Code. Scientific novelty basing on the existing legal norms modern politological and juridical scientific literature a conclusion is made that the colour revolutions are based on the abuse of law. This allows the organizers of colour revolutions to legally prepare and implement the subversion of undesirable political regimes. The author formulates proposals for supplementing the criminal legislation. Practical value the materials and conclusions of the article can be used in lawmaking activity when elaborating the drafts of legal acts for changing and supplementing the Russian Criminal Code for research activity when preparing monographs and dissertations tutorials and articles when

  2. Comparison of criminal procedure and inspection

    Hyung, Sang Cheol

    2009-01-01

    While a criminal investigation and international inspection are similar in the purpose of identifying any possible violator, there are also differences between them. Especially in the case of a criminal procedure, the defendants are presumed to be innocent until he or she is convicted, but states must make efforts to prove their nuclear transparency. Let's compare both of them to find out the reason why these different points have happened

  3. Neurotechnological Behavioural Treatment of Criminal Offenders

    Ryberg, Jesper; Petersen, Thomas Søbirk

    2013-01-01

    at the behaviour for which the criminal is convicted. In this article it is argued that Bomann-Larsen's analysis of the morality of offers does not provide a solid base for this conclusion and that, even if the analysis is assumed to be correct, it still does not follow that voluntary rehabilitation schemes...... targeting behaviour beyond the act for which a criminal is convicted are inappropriate....

  4. Cognitive fallacies and criminal investigations.

    Ditrich, Hans

    2015-03-01

    The human mind is susceptible to inherent fallacies that often hamper fully rational action. Many such misconceptions have an evolutionary background and are thus difficult to avert. Deficits in the reliability of eye-witnesses are well known to legal professionals; however, less attention has been paid to such effects in crime investigators. In order to obtain an "inside view" on the role of cognitive misconceptions in criminalistic work, a list of fallacies from the literature was adapted to criminalistic settings. The statements on this list were rated by highly experienced crime scene investigators according to the assumed likelihood of these errors to appear and their severity of effect. Among others, selective perception, expectation and confirmation bias, anchoring/"pars per toto" errors and "onus probandi"--shifting the burden of proof from the investigator to the suspect--were frequently considered to negatively affect criminal investigations. As a consequence, the following measures are proposed: alerting investigating officers in their training to cognitive fallacies and promoting the exchange of experiences in peer circles of investigators on a regular basis. Furthermore, the improvement of the organizational error culture and the establishment of a failure analysis system in order to identify and alleviate error prone processes are suggested. Copyright © 2014 Forensic Science Society. Published by Elsevier Ireland Ltd. All rights reserved.

  5. Criminal sanctions for legal enties: An instrument of crime control

    Jovašević Dragan

    2016-01-01

    Full Text Available Although contemporary criminal law accepts the system of subjective criminal liability for a committed crime, numerous European legal documents as well as criminal laws, especially those that have been adopted lately, envisage exceptions from this system. Thus, a new form of criminal liability is being introduced: objective liability based on the causation. One of the forms of objective liability is the criminal liability of legal entities, which has been considered disputable for a long time. Obviously, legal entities cannot be held accountable for all types of criminal offences. They cannot be held liable on the grounds of legal provisions regarding mental competence and culpability (as the elements of subjective criminal liability, nor can they be imposed all types of criminal sanctions recognized in criminal legislation in general. In their new or revised criminal legislation, many countries have recognized and inagurated the objective criminal liability of legal persons for committed criminal offences alongside with the predominant system of subjective liability (based on the perpetrator's mental competence and culpability. It is indisputable that some legal entities (such as state authorities cannot be prosecuted and held liable in criminal proceedings; consequently, there are some exemptions from criminal liability (particularly when it comes to the state and state bodies, but it does not exclude criminal liability of responsible officials (natural persons for causing the consequences of a criminal offence. Due to the specific character of legal and contractual capacity of legal entities, law in general and criminal legislations in particular prescribe special legal grounds for establishing criminal liability of legal entities, which differ from the subjective liability of a natural person (perceived as a conscious and reasonable human being acting on his/her own free will where the consequence of a criminal offence is a result of one

  6. The suspended sentence in German criminal law

    Jovašević Dragan

    2017-01-01

    Full Text Available From the ancient times until today, criminal law in all countries has provided different criminal sanctions as social control measures. These are court-imposed coercive measures that take away or limit certain rights and freedoms of criminal offenders. Sanctions are applied to natural or legal persons who violate the norms of the legal order and cause damage or endanger other legal goods that enjoy legal protection. In order to effectively protect social values jeopardized by the commission of crime, state legislations prescribe several kinds of criminal sanctions: 1 penalties, 2 precautions, 3 safety measures, 4 penalties for juvenile offenders, and 5 sanctions for legal persons. Penalties are the basic, the oldest and the most important type of criminal sanctions. They are prescribed for the largest number of criminal offences. Imposed instead of or alongside with penalties, warning measures have particularly important role in jurisprudence. Since they were introduced in the system of criminal sanctions in the early 20th century, there has been a notable increase in the application of these measures, particularly in cases involving negligent and accidental offences, and minor offences that do not cause serious consequences, whose perpetrators are not persons with criminal characteristics. Warning measures (suspended sentence are envisaged in all contemporary criminal legislations, including the German legislation. Suspended sentence is a conditional stay of execution of the sentence of imprisonment for a specified time, provided that the convicted person fulfills the imposed obligations and does not commit another criminal offense. Two conditions must be fulfilled for the application of these sanctions: a the formal requirement, which is attached to the sentence of imprisonment; and b the substantive requirement, which implies the court assessment that the application of these sanctions is justified and necessary in a particular case. Many

  7. Administrative prejudgment in the Russian criminal law

    Akhat Akhnafovich Yunusov

    2015-03-01

    Full Text Available Objective basing on the research of formation and development of the administrative prejudgment in the Russian criminal law and comparativelegal analysis of this institution as well as the longterm experience in crime investigation to trace the problems and trends of administrative prejudgment and prove the necessity to introduce or to be more precise legalize the administrative prejudgment in the Russian criminal law. Methods the research is based on the general dialectic method of cognition comparative historical formaljuridical methods as well as special and privatelegal methods of research. Results analysis of the main problems and collisions of administrative prejudgment in the Russian criminal law the doctrine and the practice of implementation of this institution can become the basis for legalization of the administrative prejudgment in the Russian criminal law and implementing it for the crimes stipulated in the Special part of the Russian Criminal Code if they are of low or middle gravity and committed intentionally those most often occurred. The article studies the institution of the administrative prejudgment in the Russian criminal law since 1922 until present. Various researchersrsquo opinions are given for and against returning of this institution. Taking into account the criminological indicators the authors express their own opinion on legalization of the administrative prejudgment. Scientific novelty having abandoned the formal approach to the institution of the administrative prejudgment both in the Russian criminal law and in the foreign laws the authors believe that the criminal personality should be the central factor of the administrative prejudgment legalization. In this context the authors state the direct connection between the personal features of a criminal including their inclination to immoral and illegal behavior and the crime committed by them. Practical value the theoretical conclusions formulated in the research

  8. Intelligence as evidence in criminal proceedings

    Lukić Tatjana

    2011-01-01

    Full Text Available The fight against modern forms of crime such as organized crime, terrorism and other very serious crimes caused not only modification of procedural principles and procedural rules, but also the necessity of re-examination of evidence in terms of introducing new evidence in criminal proceedings. Given that the prevention, detection and proving in cases of mentioned offenses represent the systemic issue and that the efficiency is caused by cohesion of preventive and repressive mechanisms in each strategy of preventing and combating serious crimes, the more often raised question, aroused from the practice, is the issue of the use of information gathered by the police or security services as evidence in criminal proceedings. In addition, there is the issue of use of illegal evidence, the ways in which these evidence are defined in some jurisdictions and which are the legal consequences of their use in judicial decision, whether it is based only on them, or on some other evidence beside them. The author addresses the issues of necessity and justification for use of information of security services as evidence in criminal proceedings, their definition and difference with respect to data, experiences and practices in other countries and of course their use as evidence in criminal proceedings of Serbia. Also, the paper addresses the Criminal Intelligence Analytics, exchange of information between the competent authorities at national and international level.

  9. [Personality disorders, violence and criminal behaviour].

    Palmstierna, Tom

    2016-12-06

    Personality disorders, violence and criminal behaviour The importance of personality disorders for violent and criminal behaviour is illustrated by their high prevalence in prison populations. Especially antisocial personality disorder and antisocial personality traits are linked to violence. During diagnostic assessment of personality disorders, violence risk screening is recommended. Cognitive behaviour treatment focused on violent behaviour has some effect in criminal populations, but the antisocial personality traits are resistant to treatment. Evidence for pharmacological treatment of repetitive aggressive behaviour is weak. But, bensodiazepines seem to increase the risk of violent behaviour among patients with personality disorders. Antisocial personality traits diminish over time. This spontaneous decrease can be delayed by comorbidity such as other personality disorder, substance use disorder, psychosis and attention deficit disorders. Therefore it is recommended to actively treat these comorbid conditions.

  10. Conflicts of Jurisdiction in Criminal Proceedings

    Mihail Silviu Pocora

    2015-05-01

    Full Text Available This paper will consider the practical settlement of conflicts of jurisdiction both in relation to the forum for prosecution and transfer of proceedings. The corollary of free movement of people is free movement of judgments, sentences and related powers of investigation and prosecution. Cross border crime requires to be addressed by equipping law enforcement and prosecution authorities with mechanisms to ensure the public interest in the investigation and prosecution of crime is met. The starting point for any consideration is the place where the criminal conduct took place. Sometimes the crime is such that criminal jurisdiction will be fixed - such as theft of property, crimes of violence - where others have an impact or criminal conduct in more than one jurisdiction - drug importation, major transnational drug dealing, human trafficking, terrorism.

  11. Self-conscious emotions and criminal offending.

    Tibbetts, Stephen G

    2003-08-01

    This study examined the relation of personality traits--shame-proneness, guilt-proneness, and pride--on offending behavior. Using survey data from a sample of 224 college students, the construct and criterion-related validity of scales of the Shame Proneness Scale, the Test of Self-conscious Affect, and the Personality Feelings Questionnaire-2 were assessed. Regression analyses showed that self-conscious emotions are important in the etiology of criminal offending. Specifically, rated pride was positively correlated with self-reported criminal activity, whereas ratings of guilt were negatively associated with offending. The relation of shame with criminality varied depending on the type of measure used to indicate proneness to shame.

  12. BRIEF CONSIDERATIONS REGARDING MEDIATION IN CRIMINAL MATTERS

    LUMINITA DRAGNE

    2012-05-01

    Full Text Available Mediation is an alternative means of conflict resolution, is designed as a flexible procedure whose utility was observed in contrast to the deficiencies of the judiciary system. In the field of criminal law, mediation is part of the larger concept of the restorative justice whose aim is restoring the main victim in its rights. From this perspective, to the criminal process is intended, in principal, repairing of the victim's prejudice and, subsequently, to encourage the delinquent in taking responsibility and to acknowledge his guilt, and also to determine him to actively participate in repairing the damage caused. The ultimate goal of the process is giving back the delinquent to society and consequently, reducing the relapse. Romanian legislator has not taken this concept, and how it is regulated mediation in criminal matters is hesitant, cautious and ultimately ineffective. Specifically, in situations that will actually occur, victim-delinquent mediation will only take the form of "assisted reconciliation."

  13. Criminal aspect of injuries in sports

    Mandarić Sanja

    2016-01-01

    Full Text Available In this paper the concept of sports ethics is defined and attention is directed to kinds of behavior which are not considered as fair play, the general conception of criminal offence as well as the elements of general idea of criminal act, unlawfulness and guilt with special attention paid to the basis on which unlawfulness and delict, and with them, the criminal offence itself are excluded. Consent of the injured party as basis for excluding unlawfulness has been carefully considered, with emphasis on the fact that with accepting to participate is a certain sport an athlete does not consent to be hurt outside the frame which rules of a particular sport imply. The attitude is accepted that with his consent an athlete consented to the possibility for his integrity be endangered, which still does not mean that he consented to be injured indeed, i.e. a difference is recognized between the consequence of endangering and the consequence of injuring protected assets. After that, rules which are applied in certain sports are explained and connected with the acceptance of the injured party, and the stand is taken that acceptance of the injured party excludes existence of criminal deed only in a situation when an injury occurred within the rules of a particular sport. If the injury occurred by breaking the rules of the sport, it would be considered as a criminal act. In conclusion, the stand is taken that it is necessary to fight against all harmful occurrences in sports, including the injuries which occurred due to severe violation of rules which should be applied in a particular sport. It is concluded that consent of the injured party must not be an excuse for not applying criminal justice, if the injury occurred by violation of the rules of a particular sport.

  14. Criminal Policy Movements and Legal Education

    Thula Rafaela de Oliveira Pires

    2016-10-01

    Full Text Available The article's intention is to make an analyse of the emerging criminal policy movements in Brazil, especially after the 1980 decade, and their influence on legal education. Based on empirical research in Law Course UNIFESO (Teresópolis- Rio de Janeiro, it is sought to identify the political and criminal discourses prevalent in positions of hegemonic power among the Law scholars. Beyond the necessity of interdisciplinary approach, it is defended a more radical critique of the knowledge production process, with the affiliation of decolonial perspective, fundamental for the deconstruction of punitive normalization standards adopted by the modern States, of colonial slave matrix.

  15. Digital forensics digital evidence in criminal investigations

    Marshall, Angus McKenzie

    2009-01-01

    The vast majority of modern criminal investigations involve some element of digital evidence, from mobile phones, computers, CCTV and other devices. Digital Forensics: Digital Evidence in Criminal Investigations provides the reader with a better understanding of how digital evidence complements "traditional" scientific evidence and examines how it can be used more effectively and efficiently in a range of investigations. Taking a new approach to the topic, this book presents digital evidence as an adjunct to other types of evidence and discusses how it can be deployed effectively in s

  16. Reforming China’s Criminal Procedure Law

    Winckler, Hugo

    2014-01-01

    Sources:- Wang Jianxun, “The provisions of the reform of criminal procedural law legalising secret investigations are a step backwards,” Caijing wang, 5 September 2011.- Chen Youxi, “The legalisation of secret investigations is an important violation of political integrity,” Zhongguo wangluo dianshitai – CNTV web site, Opinion section, 27 November 2011.- Wu Zhehua, “Chen Weidong discusses reform of the criminal procedure law: Behind each article there is a story,” Zhongguoguangbo wang, 8 Marc...

  17. Diagnosis of antisocial personality disorder and criminal responsibility

    Spaans, M.; Barendregt, M.; Haan, B.; Nijman, H.L.I.; Beurs, E. de

    2011-01-01

    The present study empirically investigates whether personality disorders and psychopathic traits in criminal suspects are reasons for diminished criminal responsibility or enforced treatment in high security hospitals. Recently, the tenability of the claim that individuals with personality disorders

  18. 76 FR 44757 - Blocking Property of Transnational Criminal Organizations

    2011-07-27

    ... Property of Transnational Criminal Organizations By the authority vested in me as President by the... America, find that the activities of significant transnational criminal organizations, such as those... of international political and economic systems. Such organizations are becoming increasingly...

  19. International Criminal Justice and the Politics of Compliance

    Lamont, Christopher

    2010-01-01

    International Criminal Justice and the Politics of Compliance provides a comprehensive study of compliance with legal obligations derived from the International Criminal Tribunal for the former Yugoslavia's (ICTY) Statute and integrates theoretical debates on compliance into international justice

  20. The Value Of Justice In Child Criminal Justice System A Review Of Indonesian Criminal Law

    Andi Sofyan

    2015-08-01

    Full Text Available The value of justice in Act No. 11 of 2012 concerns the Child Criminal Justice System Act No. SPPA confirms the Restorative Justice Approach as a method of disputes resolution. The method of research used was normative-legal research with philosophical approach. The results showed that the value of restorative justice through diversion contained in Act SPPA but the diversion limit for certain types of criminal acts and threats of punishment under seven 7 years and not a repetition criminal recidivists. This indicates that Act SPPA still contained a retributive justice not promote the interests of protection for child.

  1. Criminal adjudication by state courts under the FDRE constitution ...

    ... delegation power or as an original power. This article explores how the state courts are adjudicating federal criminal matters, and how the criminal adjudicative jurisdiction of the federal courts and state courts is compartmentalized. Keywords: jurisdiction, criminal adjudication, compartmentalization, constitution, federalism ...

  2. 30 CFR 208.14 - Civil and criminal penalties.

    2010-07-01

    ... 30 Mineral Resources 2 2010-07-01 2010-07-01 false Civil and criminal penalties. 208.14 Section... MANAGEMENT SALE OF FEDERAL ROYALTY OIL General Provisions § 208.14 Civil and criminal penalties. Failure to abide by the regulations in this part may result in civil and criminal penalties being levied on that...

  3. 33 CFR 401.205 - Civil and criminal penalties.

    2010-07-01

    ... 33 Navigation and Navigable Waters 3 2010-07-01 2010-07-01 false Civil and criminal penalties. 401... § 401.205 Civil and criminal penalties. (a) If the violation of the Seaway Regulations carries a... criminal proceedings shall not bar the initiation of civil penalty proceedings by the Associate...

  4. The right to a fair appeal in international criminal law

    Djukic, Drazan

    2017-01-01

    The Right to a Fair Appeal in International Criminal Law – Layman’s Summary A criminal trial does not end after the first judgment of a court. A person is only finally found guilty or innocent after one or more appeals. Appeals thus have an important place in the criminal justice system. However,

  5. 28 CFR 3.2 - Assistant Attorney General, Criminal Division.

    2010-07-01

    ... 28 Judicial Administration 1 2010-07-01 2010-07-01 false Assistant Attorney General, Criminal... Attorney General, Criminal Division. The Assistant Attorney General, Criminal Division, is authorized to exercise the power and authority of and to perform the functions vested in the Attorney General by the Act...

  6. 33 CFR 1.07-90 - Criminal penalties.

    2010-07-01

    ... 33 Navigation and Navigable Waters 1 2010-07-01 2010-07-01 false Criminal penalties. 1.07-90... GENERAL PROVISIONS Enforcement; Civil and Criminal Penalty Proceedings § 1.07-90 Criminal penalties. (a... death. (2) Marine Boards (46 CFR part 4). (3) Violations of port security regulations (33 CFR parts 6...

  7. 32 CFR 635.5 - Police Intelligence/Criminal Information.

    2010-07-01

    ... 32 National Defense 4 2010-07-01 2010-07-01 true Police Intelligence/Criminal Information. 635.5... ENFORCEMENT AND CRIMINAL INVESTIGATIONS LAW ENFORCEMENT REPORTING Records Administration § 635.5 Police Intelligence/Criminal Information. (a) The purpose of gathering police intelligence is to identify individuals...

  8. 21 CFR 1405.625 - Criminal drug statute.

    2010-04-01

    ... 21 Food and Drugs 9 2010-04-01 2010-04-01 false Criminal drug statute. 1405.625 Section 1405.625 Food and Drugs OFFICE OF NATIONAL DRUG CONTROL POLICY GOVERNMENTWIDE REQUIREMENTS FOR DRUG-FREE WORKPLACE (FINANCIAL ASSISTANCE) Definitions § 1405.625 Criminal drug statute. Criminal drug statute means a...

  9. 46 CFR 5.69 - Evidence of criminal liability.

    2010-10-01

    ... INVESTIGATION REGULATIONS-PERSONNEL ACTION Statement of Policy and Interpretation § 5.69 Evidence of criminal liability. Evidence of criminal liability discovered during an investigation or hearing conducted pursuant... 46 Shipping 1 2010-10-01 2010-10-01 false Evidence of criminal liability. 5.69 Section 5.69...

  10. The Productivity of Criminology and Criminal Justice Faculty.

    DeZee, Matthew R.

    The scholarly productivity of criminology and criminal justice faculty and programs was investigated. The methodologies that were used to rate journals that publish articles in the criminology/criminal justice field and to select 71 schools with graduate programs in criminology or criminal justice are described. Primary interest focused on…

  11. Mens Rea Principle and Criminal Jurisprudence in Nigeria ...

    This paper discusses the possibility or otherwise of the application of the common law doctrine of mens rea in Nigerian criminal jurisprudence. Our study discovers that the relevant provisions of the Criminal Code are exhaustive for considering and deciphering the criminal intent, if any, of an accused in view of conviction ...

  12. Civilisation of Criminal Justice: Restorative Justice amongst other strategies

    J.R. Blad (John)

    2013-01-01

    markdownabstract__Abstract__ Is criminal justice becoming more and uncivilised if so, how could this be explained? Could Is criminal justice becoming more and uncivilised if so, how could this be explained? Could Is criminal justice becoming more and uncivilised if so, how could this be

  13. 26 CFR 301.6231(c)-5 - Criminal investigations.

    2010-04-01

    ... criminal investigation for violation of the internal revenue laws relating to income tax will interfere... latest taxable year of the partner to which the criminal investigation relates shall be treated as... criminal investigation and written notification is sent by the Internal Revenue Service that the partner's...

  14. The Inextricable Link between Age and Criminal History in Sentencing

    Bushway, Shawn D.; Piehl, Anne Morrison

    2007-01-01

    In sentencing research, significant negative coefficients on age research have been interpreted as evidence that actors in the criminal justice system discriminate against younger people. This interpretation is incomplete. Criminal sentencing laws generally specify punishment in terms of the number of past events in a defendant's criminal history.…

  15. Childhood and Adolescent Predictors of Late Onset Criminal Careers

    Zara, Georgia; Farrington, David P.

    2009-01-01

    This study explores the emergence of a criminal career in adulthood. The main hypothesis tested is that late criminal onset (at age 21 or later) is influenced by early factors that delay antisocial manifestations. The Cambridge Study in Delinquent Development (CSDD) was used to examine early determinants of criminal behavior. 400 Inner London…

  16. ASPECTS OF GUILTY PLEA AND PROCEDURE OF GUILT ADMITTANCE, NEW JUDICIAL INSITUTIONS FOR A CRIMINAL TRIAL OF HIGHER QUALITY

    Rodica Aida POPA

    2017-05-01

    Full Text Available During the broad reform process that has taken place in recent years for the criminal proceeding activity, following the entry into force of the new Criminal Procedure Act on February 1st 2014, there have been changes of some legal institutions from the old Criminal Code, such as the procedure of admitting the deeds the defendant is held responsible for (art 320 from former Code of Criminal procedure by its provisions in the content of art 374, alignment 4, as it has been modified by Government Emergency Ordinance and introducing new ones, such as the guilty plea (art 478-488 under the circumstances of modifying GEO nr 18/2016 a special procedure meant to insure the judging of causes with celerity. Both procedures have a common component given by the guilt plea from the defendant, having an additional condition in the case of the guilty plea, besides the aforementioned one, which is the one of accepting the legal classification of the offence for which the criminal proceedings were commenced. The two legal institutions ensure the compliance with the procedural guarantees of the right to a legal counsel of the defendant, sanctioning this one, taking place with a reduction of the sentence, under conditions stipulated by law. Furthermore, by admitting the guilt and the legal classification of the offence by the defendant found guilty, in the two procedures also takes place a confirmation of the legality and compliance of the evidence submitted in the course of criminal proceedings.

  17. Strategies for Reducing Criminal Violence among Athletes.

    Staffo, Donald F.

    2001-01-01

    Discusses the serious problem of criminal violence in the personal lives of athletes, suggesting strategies that physical educators, coaches, and school systems can implement with young athletes which could reduce the incidence and severity of violence later in life (e.g., teaching unconditional respect for others, continually reinforcing social…

  18. Criminal violence and displacement in Mexico

    Sebastián Albuja

    2014-02-01

    Full Text Available Rampant criminal violence, from direct coercion and physical threats to the erosion of the quality of life and livelihood opportunities, pushes people to move in a variety of ways. Not everyone forced to move has equal access to protection or asylum.

  19. Challenging international criminal tribunals before domestic courts

    d' Aspremont, J.; Brölmann, C.; Reinisch, A.

    2011-01-01

    International courts, despite the wide-ranging means that have been put at their disposal, need the cooperation of various domestic actors. The cooperation of States with international criminal tribunals has not always been without difficulty, as these tribunals have been the object of various

  20. 22 CFR 1101.16 - Criminal penalties.

    2010-04-01

    ... 22 Foreign Relations 2 2010-04-01 2010-04-01 true Criminal penalties. 1101.16 Section 1101.16 Foreign Relations INTERNATIONAL BOUNDARY AND WATER COMMISSION, UNITED STATES AND MEXICO, UNITED STATES... public notice of a system of records as required by 5 U.S.C. 552a(e)(4). ...

  1. 25 CFR 11.410 - Criminal mischief.

    2010-04-01

    ... 25 Indians 1 2010-04-01 2010-04-01 false Criminal mischief. 11.410 Section 11.410 Indians BUREAU OF INDIAN AFFAIRS, DEPARTMENT OF THE INTERIOR LAW AND ORDER COURTS OF INDIAN OFFENSES AND LAW AND... he or she: (1) Damages tangible property of another purposely, recklessly, or by negligence in the...

  2. CRIMINAL PSYCHOLOGY IN SPAIN: PRESENT AND FUTURE

    José Luis González

    2015-05-01

    Full Text Available As part of legal psychology, as it is understood in Spain, we can distinguish between the applications of psychology in the different steps of the judicial process: in police stations during criminal investigations, in court when the perpetrators have already been identified and arrested, and in prisons where they are eventually sent after being convicted. This paper argues that when psychology assists the criminal investigation in the first step of the judicial process - the police activities-, we are talking about criminal psychology, at two levels: the operational level (mostly pertaining to criminal psychology and the strategic level (shared with other areas of expertise. After describing its peculiarities and specific areas, in analogy with the support provided by other forensic sciences, we explain that in Spain this specialty is carried out professionally from within our own police forces, with a profile that is very different from the more traditional police psychology, and in close collaboration with the academic environment with regard to the scientific development of techniques and procedures.

  3. Hyubris as a factor of individual criminal

    V. V. Surkov

    2014-04-01

    Full Text Available Criminal personality for thousands of years is the object of philosophical research. For philosophical anthropology, in particular, it is important to understand which components of human nature can be regarded as criminal. The term “hubris” that appears in ancient Greek culture, today received its second wind. It is widely used (especially in the West to refer to the human outlook, which provokes too arrogant, defiant behavior, which is a public danger. The term “hubris” is often used in criticism of certain politicians. However, we propose to expand the scope of its application also in other spheres of public life. Іn the history of criminology there are many examples of people with hubris, especially among dangerous criminals. Therefore hubris can be considered as criminogenic factor that requires research and limitations of the society. In another case, there is a situation, by analogy with the term “intoxication of power”, can be called “intoxication of impunity”. This thesis is confirmed by authoritative theories developed in criminology, sociology, psychology too. It is also consistent with some modern philosophical views on the nature of the criminal personality. Analysis of factors that stimulate the emergence and growth of hubris, suggest that most are present in a mass society. It generates anomie (loss of values that щаеут manifests as hubris that can act as criminogenic factor. Therefore, hubris reducing requires changes in the organization of social life.

  4. 17 CFR 14.5 - Criminal conviction.

    2010-04-01

    ... 17 Commodity and Securities Exchanges 1 2010-04-01 2010-04-01 false Criminal conviction. 14.5 Section 14.5 Commodity and Securities Exchanges COMMODITY FUTURES TRADING COMMISSION RULES RELATING TO... felony or of a misdemeanor involving fraud or involving moral turpitude in matters related to the...

  5. The Hispanic Experience of Criminal Justice.

    Sissons, Peter L.

    This monograph explores the Hispanic experience of the criminal justice system by examining statistics provided by Federal, State, and local agencies. A review of the literature provides a theoretical perspective from which to view the data. Examination of the first set of data begins with a description of the experiences of Puerto Ricans in the…

  6. Criminal Justice Research Is about People.

    Conrad, John P.

    1982-01-01

    Suggests that the Golden Age of criminal justice research has ended with an impending era of austerity. Reviews the work done in the past forty years and recommends a return to the people-oriented research that characterized the Chicago School of the early '20s rather than systems research. (Author/JAC)

  7. Becoming Criminal: The Cultural Politics of Risk

    Armstrong, Derrick

    2006-01-01

    At the same time as youth crime in the UK is falling, there has been an increase in the numbers of young people in custody together with an explosion of social policy initiatives aimed at young people deemed to be "at risk" of becoming criminal and focused upon the prevention of future offending and inclusion in mainstream society. This…

  8. Open Access for International Criminal Lawyers

    van Laer, Coen

    2016-01-01

    This study investigates to what extent Open Access is useful for international criminal lawyers. Free reuse and distribution may be particularly advantageous for the audience in less resourceful countries. And individual authors need visibility to promote their academic reputation. However, many

  9. Association and Centrality in Criminal Networks

    Petersen, Rasmus Rosenqvist

    Network-based techniques are widely used in criminal investigations because patterns of association are actionable and understandable. Existing network models with nodes as first class entities and their related measures (e.g., social networks and centrality measures) are unable to capture...

  10. Cyber Forensics Ontology for Cyber Criminal Investigation

    Park, Heum; Cho, Sunho; Kwon, Hyuk-Chul

    We developed Cyber Forensics Ontology for the criminal investigation in cyber space. Cyber crime is classified into cyber terror and general cyber crime, and those two classes are connected with each other. The investigation of cyber terror requires high technology, system environment and experts, and general cyber crime is connected with general crime by evidence from digital data and cyber space. Accordingly, it is difficult to determine relational crime types and collect evidence. Therefore, we considered the classifications of cyber crime, the collection of evidence in cyber space and the application of laws to cyber crime. In order to efficiently investigate cyber crime, it is necessary to integrate those concepts for each cyber crime-case. Thus, we constructed a cyber forensics domain ontology for criminal investigation in cyber space, according to the categories of cyber crime, laws, evidence and information of criminals. This ontology can be used in the process of investigating of cyber crime-cases, and for data mining of cyber crime; classification, clustering, association and detection of crime types, crime cases, evidences and criminals.

  11. Keeping pace with criminals: An extended study of designing patrol allocation against adaptive opportunistic criminals

    Zhang, Chao; Gholami, Shahrzad; Kar, Debarun; Sinha, Arunesh; Jain, Manish; Goyal, Ripple; Tambe, Milind

    2016-01-01

    Game theoretic approaches have recently been used to model the deterrence effect of patrol officers’ assignments on opportunistic crimes in urban areas. One major challenge in this domain is modeling the behavior of opportunistic criminals. Compared to strategic attackers (such as terrorists) who execute a well-laid out plan, opportunistic criminals are less strategic in planning attacks and more flexible in executing well-laid plans based on their knowledge of patrol officers’ assignments. I...

  12. Bribery offences under Vietnamese criminal law in comparision with Swedish and Australian criminal law

    Dao Le, Thu

    2011-01-01

    There have been attempts, all over the world, to address bribery with recourse to criminal law. As many other countries, Vietnam has been doing activities that show the determination of combating and controlling corruption, including strengthening penal provisions in terms of bribery. However, the situation of bribery in Vietnam is still alarming. For Vietnamese law enforcement authorities, criminal provisions concerning bribery are neither adequate nor clear. Analysis starts with bot...

  13. JPRS Report: East Asia, Southeast Asia, LPDR Criminal Code, Courts, and Criminal Procedure.

    1991-03-05

    1941 - 1991 JPRS Repor East Asia Southeast Asia LPDR Criminal Code, Courts, and Criminal Procedure mom m £C QUALITY »ra^r...prostitution, will be impris- oned for three to five years. Article 124. Incest . Anyone who has sexual intercourse with parents, step- parents...This consists of facts which indicate whether there have been actions dangerous to society, the guilt of the per- sons who undertook the

  14. Criminal proceedings involving children in conflict with the law

    Bolocan-Holban Augustina

    2017-07-01

    Full Text Available At each stage of criminal procedure involving children (juveniles in conflict with the law, it is important to be ensured the fundamental rights provided by international standards, as well by national criminal legislation. Starting with the first contact of the child with criminal justice system until the pronunciation of the decision by the Court, including the enforcement of the punishment, the juvenile must be supervised by qualified professionals from criminal justice system, who could intervene in each moment with a purpose of providing pertinent information to criminal investigative body and to the Court, in order to establish a proportionate and equitable punishment.

  15. Criminal thinking styles and emotional intelligence in Egyptian offenders.

    Megreya, Ahmed M

    2013-02-01

    The Psychological Inventory of Criminal Thinking Styles (PICTS) has been applied extensively to the study of criminal behaviour and cognition. Increasingly growing evidence indicates that criminal thinking styles vary considerably among individuals, and these individual variations appear to be crucial for a full understanding of criminal behaviour. This study aimed to examine individual differences in criminal thinking as a function of emotional intelligence. A group of 56 Egyptian male prisoners completed the PICTS and Bar-On Emotional Quotient Inventory (EQ-i). The correlations between these assessments were examined using a series of Pearson correlations coefficients, with Bonferroni correction. General criminal thinking, reactive criminal thinking and five criminal thinking styles (mollification, cutoff, power orientation, cognitive indolence and discontinuity) negatively correlated with emotional intelligence. On the other hand, proactive criminal thinking and three criminal thinking styles (entitlement, superoptimism and sentimentality) did not associate with emotional intelligence. Emotional intelligence is an important correlate of individual differences in criminal thinking, especially its reactive aspects. Practical implications of this suggestion were discussed. Copyright © 2013 John Wiley & Sons, Ltd.

  16. Criminal investigations in child protective services cases: an empirical analysis.

    Cross, Theodore P; Chuang, Emmeline; Helton, Jesse J; Lux, Emily A

    2015-05-01

    This study analyzed the frequency and correlates of criminal investigation of child maltreatment in cases investigated by child protective service (CPS), using national probability data from the National Survey of Child and Adolescent Well-Being. Criminal investigations were conducted in slightly more than 25% of cases. Communities varied substantially in percentage criminally investigated. Sexual abuse was the most frequent type of maltreatment criminally investigated followed by physical abuse. Logistic regression results indicated that criminal investigations were more likely when caseworkers perceived greater harm and more evidence; when CPS conducted an investigation rather than an assessment; when a parent or a legal guardian reported the maltreatment; and when cases were located in communities in which CPS and police had a memorandum of understanding (MOU) governing coordination. Most variation between communities in criminal investigation remained unexplained. The findings suggest the potential of MOUs for communities wanting to increase criminal investigation. © The Author(s) 2014.

  17. Believing is seeing? Investigating the perceived accuracy of criminal psychological profiles.

    Kocsis, Richard N; Hayes, Andrew F

    2004-04-01

    This study investigated whether perceptions of criminal psychological profiles are influenced by the identity of the profile's author. Police officers were given a profile they were told was written by either a professional profiler or by an unspecified author. When judged in relation to the actual perpetrator of the crime, police officers tended to perceive greater accuracy in a profile when it was labeled as authored by a professional profiler independent of the actual content of the profile. But officers' judgments of the usefulness of the profile were not affected by knowledge of who wrote the profile. Explanations for this result focus on the ambiguous nature of criminal profiles and how this ambiguity enhances the likelihood that beliefs about the validity of profiling can color perceptions of the content of the profile.

  18. Making Immigrants into Criminals: Legal Processes of Criminalization in the Post-IIRIRA Era

    Leisy Abrego

    2017-09-01

    Full Text Available During a post-election TV interview that aired mid-November 2016, then President-Elect Donald Trump claimed that there are millions of so-called “criminal aliens” living in the United States: “What we are going to do is get the people that are criminal and have criminal records, gang members, drug dealers, we have a lot of these people, probably two million, it could be even three million, we are getting them out of our country or we are going to incarcerate.” This claim is a blatant misrepresentation of the facts. A recent report by the Migration Policy Institute suggests that just over 800,000 (or 7 percent of the 11 million undocumented individuals in the United States have criminal records. Of this population, 300,000 individuals are felony offenders and 390,000 are serious misdemeanor offenders — tallies which exclude more than 93 percent of the resident undocumented population (Rosenblum 2015, 22-24.[1] Moreover, the Congressional Research Service found that 140,000 undocumented migrants — or slightly more than 1 percent of the undocumented population — are currently serving time in prison in the United States (Kandel 2016. The facts, therefore, are closer to what Doris Meissner, former Immigration and Naturalization Service (INS Commissioner, argues: that the number of “criminal aliens” arrested as a percentage of all fugitive immigration cases is “modest” (Meissner et al. 2013, 102-03. The facts notwithstanding, President Trump’s fictional tally is important to consider because it conveys an intent to produce at least this many people who — through discourse and policy — can be criminalized and incarcerated or deported as “criminal aliens.” In this article, we critically review the literature on immigrant criminalization and trace the specific laws that first linked and then solidified the association between undocumented immigrants and criminality. To move beyond a legal, abstract context, we also draw on

  19. Systemic-institutional approach to solving the problems of prejudgement in the criminal court procedure

    Bulat Raisovich Burganov

    2015-09-01

    Full Text Available Objective to consider the historical and legal aspects of the use of prejudgement in the criminal procedure and to allocate its characteristic features as of a systemic object to disclose the key system elements of the mechanism of legal regulation of prejudgement in the criminal procedure. Methods the basis of the research was historicallegal method and systemicinstitutional approach to the analysis of regulatory processes as well as special and private law research methods elements of structuralfunctional approach with formal logical analysis. Results the evolution is shown of formation and development of the prejudgement institution the necessity is grounded of systemicholistic analysis of prejudgement legal regulation in the criminal procedure. According to the author it is a systematic approach that will allow to create the effectively functioning prejudgement institution. The article investigates the content side of the prejudgement institution in the criminalprocedural law. Scientific novelty for the first time the article discusses the prejudgement institution as a system of interrelated elements. In this context the substantial side of this system is characterized. Practical significance the research results and conclusions can be used in research legislative and applied activity for the effective application of the principles of prejudgement opportunities in the criminal procedure. nbsp

  20. GST – the idea and recommendations for the prevention of criminal behaviour

    Robert Agnew

    2011-12-01

    Full Text Available The article is a presentation of the main assumptions of the General Strain Theory (GST and the possibility to put theory into practice in the field of prevention of criminal behaviour. The GST was created in the ‘90s by Robert Agnew as a continuation of previous structural theories (Merton, Cloward – Ohlin, Cohen. Up to this day it has been widely verified empirically and along with other criminology theories (the theory of social learning/theory of different relations, theory of social control, theories of interaction is both a fundamental but also alternative ground for interpreting social behaviour. Due to its universal assumptions, GST is now being developed also by Polish researchers. In the article are presented the fundamental strategies of prevention of criminal behaviour based on GST and examples of particular programs being carried out in the US and Poland. Pilot studies on building in Poland a pioneer local system of prevention, based on GST, are presented. In the conclusions the authors stress the importance of GST in the genesis of criminal behaviour. The content of this article is therefore a result of an American-Polish cooperation in the field of prevention of criminal behaviour. It seems that international and based on mutual partnership approach is the hallmark of the current stage of the Polish resocialization system development.

  1. The Offense of Homicide by the Victim’s Request according to the Romanian Criminal Law

    Minodora-Ioana RUSU

    2015-12-01

    Full Text Available In this paper we have examined the offense of homicide by the request of the victim, newly introduced in the Romanian Criminal Law. As it results from its legal content this incrimination envisages the exceptional situation of the person, suffering from an incurable illness or a permanent medically certified disability, causing permanent and unbearable sufferings, and in this situation, the person asks someone to end their life in order to put an end to the unbearable sufferings. The justification for sanctioning such acts is motivated also by the provisions of article 22 paragraph (2 Criminal Code, according to which the consent of the injured person does not take effect for the crimes against life and when the law excludes its justifying effect. We also appreciate that this act, due to its marginal title homicide at the request of the victim and not at murder at the request of the victim, it cannot be in the history of the person who committed the act in the case of qualified murder provided for in article 189 paragraph (1, letter e of the Criminal Code. The paper continues further examination carried out in connection to the offenses under the New Criminal Code. Given the novelty in the Romanian law, the study may be useful both to theorists and practitioners.

  2. Several criminal, phenomenological and etiological features of criminal offences of counterfeiting money in Kosovo

    MSc. Milot Krasniqi

    2012-12-01

    Full Text Available The Republic of Kosovo is making efforts as a young state to strengthen rule of law and efficiently combat criminality in general, and specifically organized crime, as a condition for its journey towards European integration perspectives.  For a normal functioning of the economic system, the safety and protection of controlled circulation of money are of vital importance. In this direction, the state takes actions and measures to ensure that manufacturing and emissions of banknotes and bonds are undertaken by competent authorities, such as the Central Bank, and render impossible the counterfeiting of money. In Kosovo, money counterfeiting is not widely studied. Consequently, there are no recent research papers over the time when these offences have marked rather high records. This circumstance, and especially the fact that these offences are rather frequent in Kosovo, made me enter the research of this type of criminality.    Apart from principles and rules stipulated by special laws of the field of economy, protection of the economic system is also helped by the Criminal Code, which incriminates the act of counterfeit money as a criminal offence against the economic system, thereby ensuring general prevention of potential offenders, and repressive measures against confirmed offenders. Protection of economic and monetary systems is also provided upon by numerous international acts.  The paper is permeated by conclusions, analysis and independent recommendations, which I believe will contribute de lege ferrenda to criminal policies in preventing and combating this type of crime. In researching the criminal offences of counterfeiting money, I have used the method of historical materialism, dogmatic law method, statistical methods, surveys and interviews, and studies of individual cases.    From the research of this type of crime, I have concluded that these criminal offences are a serious type of crime, which may result in major individual

  3. Crime and Young Men: The Role of Arrest, Criminal Experience, and Heterogeneity

    Susumu Imai; Hajime Katayama; Kala Krishna

    2006-01-01

    Using National Youth Survey (NYS) data, we examine the relationship of current criminal activity and past arrests using an ordered probit model with unobserved heterogeneity. Past arrests raise current criminal activity only for the non-criminal type, while past criminal experience raises current criminal activity for both types. Also, the age crime profile peaks at age 18 for non-criminal type individuals, but for criminal type individuals, it continues to rise with age. Past research indica...

  4. The interaction of criminal procedure and outcome.

    Laxminarayan, Malini; Pemberton, Antony

    2014-01-01

    Procedural quality is an important aspect of crime victims' experiences in criminal proceedings and consists of different dimensions. Two of these dimensions are procedural justice (voice) and interpersonal justice (respectful treatment). Social psychological research has suggested that both voice and respectful treatment are moderated by the impact of outcomes of justice procedures on individuals' reactions. To add to this research, we extend this assertion to the criminal justice context, examining the interaction between the assessment of procedural quality and outcome favorability with victim's trust in the legal system and self-esteem. Hierarchical regression analyses reveal that voice, respectful treatment and outcome favorability are predictive of trust in the legal system and self-esteem. Further investigation reveals that being treated with respect is only related to trust in the legal system when outcome favorability is high. Copyright © 2014 Elsevier Ltd. All rights reserved.

  5. Criminal recidivism in sexual homicide perpetrators.

    Hill, Andreas; Habermann, Niels; Klusmann, Dietrich; Berner, Wolfgang; Briken, Peer

    2008-02-01

    Forensic psychiatric reports on 166 sexual homicide perpetrators in Germany were retrospectively analyzed for criminal risk factors. Follow-up information about release and reconvictions from federal criminal records was available for 139 offenders; 90 (64.7%) had been released. The estimated recidivism rate (Kaplan-Meier analyses) for 20 years at risk was 23.1% for sexual and 18.3% for nonsexual violent reoffences. Three men (3.3%) were reconvicted for attempted or completed homicide. Only young age at the time of sexual homicide resulted in higher sexual recidivism, whereas increased nonsexual violent recidivism was related to previous sexual and nonsexual delinquency, psychopathic symptoms, and higher scores in risk assessment instruments. Increased recidivism with any violent reoffence was associated with age-related factors: young age at first sexual offence, at homicide, and at release and duration of detention. The impacts of the results for risk assessment, relapse prevention, and supervision are discussed.

  6. Extraversion, neuroticism, immoral judgment and criminal behaviour.

    Addad, M; Leslau, A

    1989-01-01

    The present study examines delinquent behaviour by integrating two approaches until now employed separately: Eysnck's theory linking delinquency to extraversion and neuroticism, and Kohlberg's theory of moral development and its connection to moral behaviour. The study analyzes the relations between extraversion, neuroticism and moral judgment, as well as their independent and/or interactive effect upon the development of anti-social behaviour. The relationships are tested by retrospective measurements of personality traits and moral judgment in three groups: delinquency (N = 203), control (N = 82) and comparative (N = 407) groups. Findings show that criminals are higher than control subjects in neuroticism and immoral judgment but not in extraversion. Similar relationships were found between criminals and the comparative group, with one exception: here extraversion was found to be positively related to delinquency, both independently and interactively with neuroticism. The implications of these results for differential development of anti-social behaviour are discussed.

  7. Crime and criminal justice in Latin America

    Rodrigo Ghiringhelli de Azevedo

    Full Text Available After a presentation of indicators that allow assessing the degree of democratization of the criminal justice system in the context of democratization process in Latin America, this article points out the discrepancy existing in that domain, in the several instances that make up the justice system, from criminal legislation to the prison system. Examining the specific situation of Brazil and Argentina, problems in the functioning of institutions responsible by crime as well as the increase in crime control are pointed out as factors that cause a growing loss of legitimacy for the system, which is unable to justify its high degree of selectivity and authoritarianism. Some efforts under way to approach that phenomenon are listed. Finally, a few alternatives for institutional improvement are presented, among which the action of social scientists by producing research and analyses, as a crucial instrument to enlarge institutional ability to deal with current social conflict on democratic bases.

  8. Keeping Pace with Criminals: An Extended Study of Designing Patrol Allocation against Adaptive Opportunistic Criminals

    Chao Zhang

    2016-06-01

    Full Text Available Game theoretic approaches have recently been used to model the deterrence effect of patrol officers’ assignments on opportunistic crimes in urban areas. One major challenge in this domain is modeling the behavior of opportunistic criminals. Compared to strategic attackers (such as terrorists who execute a well-laid out plan, opportunistic criminals are less strategic in planning attacks and more flexible in executing well-laid plans based on their knowledge of patrol officers’ assignments. In this paper, we aim to design an optimal police patrolling strategy against opportunistic criminals in urban areas. Our approach is comprised by two major parts: learning a model of the opportunistic criminal (and how he or she responds to patrols and then planning optimal patrols against this learned model. The planning part, by using information about how criminals responds to patrols, takes into account the strategic game interaction between the police and criminals. In more detail, first, we propose two categories of models for modeling opportunistic crimes. The first category of models learns the relationship between defender strategy and crime distribution as a Markov chain. The second category of models represents the interaction of criminals and patrol officers as a Dynamic Bayesian Network (DBN with the number of criminals as the unobserved hidden states. To this end, we: (i apply standard algorithms, such as Expectation Maximization (EM, to learn the parameters of the DBN; (ii modify the DBN representation that allows for a compact representation of the model, resulting in better learning accuracy and the increased speed of learning of the EM algorithm when used for the modified DBN. These modifications exploit the structure of the problem and use independence assumptions to factorize the large joint probability distributions. Next, we propose an iterative learning and planning mechanism that periodically updates the adversary model. We

  9. Transnational Crime Fictions and Argentina's Criminal State

    Caballero, Juan

    2013-01-01

    My dissertation, titled "Transnational Crime Fictions and Argentina's Criminal State," proposes a new understanding of the dictatorship novels of Ricardo Piglia, Juan José Saer, and Manuel Puig grounded in their shared appropriation from popular crime fiction. Across the 1940's, 50's, and 60's, a wide range of popular crime fiction was translated, written, theorized, printed and reprinted in Argentina, and these popular genres grew steadily in readership, visibility, and cultural legitimacy....

  10. 12 CFR 1403.11 - Criminal penalties.

    2010-01-01

    ... Banks and Banking FARM CREDIT SYSTEM INSURANCE CORPORATION PRIVACY ACT REGULATIONS § 1403.11 Criminal penalties. Section 552a(i)(3) of the Privacy Act (5 U.S.C. 552a(i)(3)) makes it a misdemeanor, subject to a... from an agency under false pretenses. Sections 552a(i) (1) and (2) of the Act (5 U.S.C. 552a(i) (1), (2...

  11. Protecting Children Rights under International Criminal Justice

    Erinda Duraj (Male)

    2015-01-01

    Children are a central concern of international criminal justice. International crimes and other forms of violence and the abuse of children are disturbing daily realities in today’s world. Children and young persons are increasingly being targeted for the purposes of murder, rape, abduction, mutilation, recruitment as child soldiers, trafficking, sexual exploitation and other abuses. Sierra Leone, the Democratic Republic of Congo, Rwanda, Colombia, and many others illustrate this. The partic...

  12. Criminal Homicide Because of Blood Feud

    Leyla Cak›c› Gercek; Jale Bafra

    2005-01-01

    Although so much progress going on in every field, the crimes of killing man impelled by blood feud carry on their existance. All jurisprudences and the decisions of the Court of Appeal about the criminal homicides connected with this type of crimes ha- ve been carefully examined. The required measures to prevent that, the criticisms againist the decisions of the Court of Appeal and the factors explained in the decisions of that Co- urt have been determined.

  13. Registered criminality and sanctioning of schizophrenia patients

    Munkner, Runa; Haastrup, Soeren; Joergensen, Torben

    2009-01-01

    BACKGROUND: Patients with schizophrenia have been shown to have an increased risk of criminality, especially violent crimes. AIMS: The aim of the current study was to describe the pattern of crimes committed by Danish patients with schizophrenia and examine the sanctions given for crimes in relat...... than imprison, individuals with schizophrenia. CONCLUSION: The findings suggest that greater alertness is needed in the judicial system for individuals diagnosed with schizophrenia....

  14. The Relevant Physical Trace in Criminal Investigation

    Durdica Hazard

    2016-01-01

    Full Text Available A criminal investigation requires the forensic scientist to search and to interpret vestiges of a criminal act that happened in the past. The forensic scientist is one of the many stakeholders who take part in the information quest within the criminal justice system. She reads the investigation scene in search of physical traces that should enable her to tell the story of the offense/crime that allegedly occurred. The challenge for any investigator is to detect and recognize relevant physical traces in order to provide clues for investigation and intelligence purposes, and that will constitute sound and relevant evidence for the court. This article shows how important it is to consider the relevancy of physical traces from the beginning of the investigation and what might influence the evaluation process. The exchange and management of information between the investigation stakeholders are important. Relevancy is a dimension that needs to be understood from the standpoints of law enforcement personnel and forensic scientists with the aim of strengthening investigation and ultimately the overall judicial process.

  15. Behavioral Genetics in Criminal and Civil Courts.

    Sabatello, Maya; Appelbaum, Paul S

    Although emerging findings in psychiatric and behavioral genetics create hope for improved prevention, diagnosis, and treatment of disorders, the introduction of such data as evidence in criminal and civil proceedings raises a host of ethical, legal, and social issues. Should behavioral and psychiatric genetic data be admissible in judicial proceedings? If so, what are the various means for obtaining such evidence, and for what purposes should its admission be sought and permitted? How could-and should-such evidence affect judicial outcomes in criminal and civil proceedings? And what are the potential implications of using behavioral and psychiatric genetic evidence for individuals and communities, and for societal values of equality and justice? This article provides an overview of the historical and current developments in behavioral genetics. We then explore the extent to which behavioral genetic evidence has-and should-affect determinations of criminal responsibility and sentencing, as well as the possible ramifications of introducing such evidence in civil courts, with a focus on tort litigation and child custody disputes. We also consider two ways in which behavioral genetic evidence may come to court in the future-through genetic theft or the subpoena of a litigant's biospecimen data that was previously obtained for clinical or research purposes-and the concerns that these possibilities raise. Finally, we highlight the need for caution and for approaches to prevent the misuse of behavioral genetic evidence in courts.

  16. The reaction to femicide in criminal law

    Batrićević Ana

    2016-01-01

    Full Text Available Misogynous and sexist violence against women, which often results in death, represents a global problem. Numerous international and national legal instruments are dedicated to the prevention and sanctioning of violence against women. However, the reality implies that existing mechanisms of penal reaction to femicide, as its most extreme and brutal form, should be re-examined. Having in mind the frequency and severe consequences of this criminal offence and the discriminatory character of the message that the state sends by tolerating it or inadequately punishing its perpetrators, the author attempts to define femicide, to present basic forms of state reaction to femicide in comparative law as well as to analyze the features of femicide as an independent criminal offence. Arguing for the incrimination of femicide as an independent criminal offence, or as a special form of aggravated murder, the author points out that such solution could contribute to more precise observation of this form of crime, to a better estimation of the quality of the state‘ s reaction to it and to its more efficient suppression.

  17. Stalking: Criminological and criminal law aspects

    Dimovski Darko

    2016-01-01

    Full Text Available Starting from the historical aspects of stalking crime, the author first provides an overview of different definitions of this socially negative behavior in the legal documents of countries where such conduct was first criminalized. The author presents statistical data on the scope of stalking in the United States and Australia. The second part of the paper discusses different types of stalkers, whose distinctive features are analyzed in more detail. In particular, the author focuses on the causal link between the stalking crime and violence, as well as the victims' responses to their own victimization. In the next part of this article, the author provides a detailed analysis of a wide range of consequences of stalking crime. In some cases, the victim of stalking may become the perpetrator of a criminal act of murder, whereas the stalker becomes a victim of this serious form of homicide. Although these cases are not numerous, they call for further analysis and proposing new legal solutions related to the privileged forms of murder, which are aimed at improving the position of the victim of stalking who is the perpetrator of such homicide. Finally, the author argues in favour of incriminating a new type of felony - the crime of stalking (in line with the model envisaged in the criminal legislation of the Republic of Croatia, as well as a privileged homicide which may be designated as a murder of a stalker committed by a victim of stalking.

  18. CRIMINALITY AT MINORS WITH MENTAL DEFICIENCY

    Zoran Kitkanj

    2009-06-01

    Full Text Available The aim of this paper is to present, from penological aspect, the involvement and structure of recidivism at minors with mental deficiency within the whole area of juvenile criminality in Macedonia. The research covers 62 subjects who pay the penalty in juvenile penitentiary or institutional measure directing to correctional institution for minors. Of the total number of minors who hold one of the above-mentioned sanctions, minors with lower average IQ are presented with 56.4%. The shown involvement is in penological terms (refers to minors who hold institutional measure correctional institution for minors or penalty - juvenile penitentiary which does not mean that this category of juvenile delinquents participate in such percent in the total number of reported, accused and convicted minors. According to the research results it can be concluded that falling behind in intellectual development is an indicator for delinquent behavior but in no case it can be crucial or the most important factor for criminality. Of the total number of juvenile delinquents with intellectual deficit, 80% are repeat offenders in criminal legal sense. It is of great concern that 56% of the under average juvenile delinquents defied the law for the first time before the age of 14 years that is as children.

  19. The Subject of the Crime Provided by Article 258.1 of the Criminal Code of the Russian Federation

    Natalia I. Kuznetsova

    2016-06-01

    Full Text Available The article reveals the content of the subject of the crime provided by article 258.1 of the Russian Criminal code. Attention is drawn to the need to clarify the criteria for the selection of wildlife for the list of particularly valuable wild animals and aquatic biological resources belonging to the species included in the Red List of Threatened Species of the Russian Federation and (or protected by international treaties of the Russian Federation. The article contains recommendation for supplementing the list of especially valuable wild animals and aquatic biological resources protected by norms of Article 258.1 of the Russian Criminal code.

  20. Criminal law aspects of assisted human reproduction in Serbia

    Samardžić Stefan

    2013-01-01

    Full Text Available Numerous shortcomings of the Law on Infertility Treatment by Biomedically Assisted Fertilization culminate in provisions defining criminal offences. A question is raised regarding the possibility and results of the application of such criminal provisions due to the legislative technique used in the process of their creation, language, qualified forms of the offences, span of criminal sanctions, as well as having in mind the overlapping of such criminal offences with some of the misdemeanors punishable by the same Law. A possibility to provide for a criminal law protection in this highly sensitive area is put into question due to a very courageous action of the legislator reflected in the attempt to introduce criminal offences, punishable by long prison sentences.

  1. Economic Analysis of Criminal Law and Liberal Criminal Law: Confluences and Forks

    Diego H. Goldman

    2017-12-01

    Full Text Available Not all economic analysis necessarily lead to a maximalist criminal law that threatens the fundamental rights, but on the contrary, can be found in economic science approaches perfectly compatible with the most liberal thought currents. This paper aims to make a critical study of economic theory usually associated with the Criminal EAL, its practical implications and its teleological budgets. Criticism will leave an openly liberal view, which defends the ideas and values that over the centuries have expressed such diverse thinkers as Adam Smith, Friedrich von Hayek, Robert Nozick or Juan Bautista Alberdi.

  2. Principle Mediation of Domestic Violence as Criminal Act

    Wijaya, Sandy Ari

    2014-01-01

    Penal mediation is a process of extra judicial settlement for criminal case. The application ofpenal mediation on criminal law is to give the justice and protection to the victims of which it isnot accommodate by legality aspect in Indonesia criminal law. The existence of penal mediationprinciple with legal certainty affect the domestic violence (KDRT). The inconsistence continueswhen the penal mediation process relevance is applied to serious domestic violence that violate thehuman rights. T...

  3. The Form and Matter of the Concept of «Criminal Evidence»

    Anatolii I. Zazulin

    2018-01-01

    Full Text Available The article is devoted to the analysis of one of the basic theses of modern informational theory – “evidence in a criminal case”, namely the presentation of proof of how the unity of content (information about the event of the crime and form (procedure source of this information. The Author proves the inconsistency of the formula to scientific ideas about the nature of information and understanding of the form in the dialectical materialism, as well as making the assumption of the presence of other, apart from the information constituting the content of the concept of “proof”.

  4. EUTHANASIA STIPULATED BY ROMANIAN CRIMINAL LAW, MITIGATING CIRCUMSTANCES VS. OFFENCE

    MONICA POCORA

    2012-05-01

    Full Text Available This paper aims to be a scientific approach to the issue of euthanasia, bringing into the debate current and future controversies raised by euthanasia, as a result of the introduction into the Romanian penal law of the criminal offence of homicide by request of the victim. The study represents an approach to moral, religious, constitutional, civil, criminal procedure debates and last but not least to criminal debates regarding the legalization of the euthanasia, as the most difficult task lies with the criminal law.

  5. Biological and Chemical Weapons: Criminal Sanctions and Federal Regulations

    Garcia, Michael J

    2004-01-01

    .... In accordance with these obligations, the United States has enacted various federal requirements and criminal sanctions applying to biological and chemical weapons, Re cent anti4errorisrn legislation...

  6. Issues of remedial development of forms in criminal proceedings

    Tsyganenko Sergey, S.

    2015-12-01

    Full Text Available The paper deals with the main issues of the modern concept of the criminal proceeding differentiation in terms of new methodological and theoretical approaches - models of criminal justice and the theory of criminal procedural strategy. This draws attention to a trend to expand the scope of application in criminal proceedings, along with production and procedural forms of justice and law and technology. In connection with what is considered their place in the structure of modern criminal procedure, the application conditions and development prospects. For a long time in the theory of criminal systemology a key element in the process acted as a procedural form of normative-functional complex stages and phases of activity in the pre-trial and judicial parts of the criminal justice system. Its mission has been focused on the achievement of major milestones in the implementation of justice, which, ultimately, are expressed in establishing the truth in the case. Thus, there was a two-element mechanism consisting of pre-trial proceedings, due to the need to solve the crime and bringing charges and proceedings, consisting primarily of the trial based on the principles of justice. This order, established regulations, is unified - it is equally applied to all categories of criminal cases and with all the procedural authorities. Modern criminal procedure is a differentiated form in which, along with established procedural steps and process of production, and has been actively used legal procedural technology.

  7. Achieving Cyber Resilience, Reducing Cybercrime and Increasing Cyber Defense Capabilities: Where Should the U.S. Department of Defense Concentrate Today to Prevent Cyberattacks of Significant Consequence

    2016-04-24

    criminal actors know their targets. The Art of War by Sun Tzu reminds us “If you know yourself but not the enemy, for every victory gained you...Incisive Media, 6 October 2015. http://www.computing.co.uk/2429256 (accessed 16 March 2016). Tzu , Sun . The Art of War, The Internet Classics Archive... Bibliography 48 v List of Figures 2.2.1 Open Source Software (OSS) development - collaborative process 43 2.2.1.1

  8. The right to information in criminal proceedings in the light of proposed changes of the Criminal Law Codification Commission

    Andrzejewska, Marzena

    2013-01-01

    The article addresses the issue of the right to information from the point of view of the participants of criminal proceedings. The execution of the right contributes to the principle of equality between the parties, secure execution of the adversarial principle, transparency and to creating the image of law-abidingness and transparent jurisdiction in the mindset of society. Particular attention has been paid to the draft amendment to the Criminal Procedure Code, prepared by the Criminal Law ...

  9. Criminal law policy of Latvia in the context of European Union: The treaty of Lisbon

    Vilks A.

    2012-10-01

    Full Text Available The article is devoted to the analysis of the content of EU Treaty of Lisbon, which deals with ensurance of freedom, security and justice in the joint European space. The Treaty of Lisbon describes the attempts of the European Union to ensure a high security level to prevent and fight crime, rasism and xenophobia, to develop particular measures of coordination and cooperation between police and judicial authorities and other competent authorities for their further development, as well as for the mutual recognition of judgements in criminal matters. Correspondingly, the implementation of the requirements of the Treaty of Lisbon identifies the need to form an adequate national criminal law policy in our country as well.

  10. Awor nan ta yama nos criminal! (and now they can call us criminals!)

    Rothfusz, Jacquelien

    2012-01-01

    In this article, the author will question the seemingly obvious boundary between civil disobedience, as conceptualised by Rawls and Arendt, and several examples of criminal, or simply annoying, activities which don't meet their criteria, such as the case of the ‘Top 50'. The ‘Top 50' are

  11. The Law and Practice of Criminal Asset Forfeiture in South African Criminal Procedure: A Constitutional Dilemma

    Vinesh Basdeo

    2014-08-01

    Full Text Available The deprivation of the proceeds of crime has been a feature of criminal law for many years. The original rationale for the confiscation of criminal assets at international level was the fight against organised crime, a feature of society described by the European Court of Human Rights as a "scourge" so that the draconian powers which are a feature of confiscation regimes around the world have been approved in circumstances which otherwise might have caused governments considerable difficulties before the international human rights tribunals. The primary objective of this article is to determine if the asset forfeiture measures employed in the South African criminal justice system are in need of any reform and/or augmentation in accordance with the "spirit, purport and object" of the South African Constitution. This article attempts to answer three questions. Firstly, why is criminal asset forfeiture important to law enforcement? Secondly, in which circumstances can property be forfeited and what types of property are subject to forfeiture? Thirdly, how is forfeiture accomplished, and what are its constitutional ramifications?

  12. Criminal Responsibility, Free Will, and Neuroscience

    Hodgson, David

    This chapter identifies retributive and consequentialist purposes of the criminal law, and it outlines arguments that retribution should be abandoned, in cluding arguments, based on philosophy and neuroscience, that free will and re sponsibility are illusions. The author suggests that there are good reasons to retain retribution, and identifies ways in which this might be supported, including com patibilist and libertarian views of free will. The author gives reasons for preferring libertarian views, and concludes by considering the role that neuroscience may be expected to play in the future development of the law.

  13. Criminal psychological profiling of serial arson crimes.

    Kocsis, Richard N; Cooksey, Ray W

    2002-12-01

    The practice of criminal psychological profiling is frequently cited as being applicable to serial arson crimes. Despite this claim, there does not appear to be any empirical research that examines serial arson offence behaviors in the context of profiling. This study seeks to develop an empirical model of serial arsonist behaviors that can be systematically associated with probable offender characteristics. Analysis has produced a model of offence behaviors that identify four discrete behavior patterns, all of which share a constellation of common nondiscriminatory behaviors. The inherent behavioral themes of each of these patterns are explored with discussion of their broader implications for our understanding of serial arson and directions for future research.

  14. Legal Uncertainty in Criminal Cases Termination Institute Enforcement in Connection with Reconciliation of the Parties

    Zabuga E. E.

    2014-07-01

    Full Text Available The author analyzes the judicial application practice of the RF Criminal Code, Art. 76, of the RF Criminal Procedure Code (in criminal cases involving crimes small and moderate, Art. 25; some procedural problems are designated.

  15. The Law and Practice of Criminal Asset Forfeiture in South African ...

    The Law and Practice of Criminal Asset Forfeiture in South African Criminal ... of criminal assets at international level was the fight against organised crime, ... of the South African Constitution.2 This article attempts to answer three questions.

  16. Anticipative Criminal Investigation : Theory and Counterterrorism Practice in the Netherlands and the United States

    Hirsch Ballin, M.F.H.

    2012-01-01

    The book assesses the adoption of counterterrorism measures in the Netherlands and the United States, which facilitate criminal investigations with a preventive focus (anticipative criminal investigations), from the perspective of rule of law principles. Anticipative criminal investigation has

  17. Crimes against property: critical analysis of transforming the Russian criminal legislation and the practice of its enforcement

    Vladimir V. Sverchkov

    2018-03-01

    Full Text Available Objective to identify contradictions and inconsistencies between the normativelegal provisions referring to liability for crimes against property as well as the facts of inconsistent and unfair changes in investigativejudicial practice due to ungrounded modification of criminal law and practice of its application. Methods dialectical historical documentary dogmatic practical systematic complex analytical comparativelegal statistical. Results contradictions and inconsistencies were revealed between the normativelegal provisions on liability for crimes against property as well as the facts of inconsistent and unfair changes in investigativejudicial practice which arose as a result of unjustified modification of criminal legislation and practice of its application. Scientific novelty the carried out critical analysis of the transformation of the Russian criminal legislation and the practice of its application allowed making conclusions aimed at improving the legislative activity of the Russian Federal Assembly and the interpretation practice of the Supreme Court of the Russian Federation. In particular the article substantiates the following provisions a on the artificial creation of competition between the qualified and specially qualified corpus delicti of theft b on the inclination of the Russian lawmaking towards the AngloAmerican legal family c on the incorrect unification of the general and special provisions in Art. 159 of the Russian Criminal Code d on the elimination of fraud as a form of theft with the characteristic criminal behavior by the contents of Art. 1596 of the Russian Criminal Code e on the ungrounded change of lawenforcement in Russia unless it is connected with socialeconomic and or politicallegal transformations in Russia. The research results show that the Supreme Court decisions contain a substitution of the concept of the ldquoacquisitive goalrdquo by the concept of ldquoacquisitive motiverdquo of property theft b

  18. Fetal Abuse and the Criminalization of Behavior during Pregnancy.

    Farr, Kathryn Ann

    1995-01-01

    Discusses efforts to criminalize fetal abuse, harm caused from a pregnant woman's use of illegal drugs. Such efforts have typically failed to withstand judicial scrutiny. Suggests that criminal prosecution for fetal abuse relies on questionable procedures, is unevenly applied, and may keep women from seeking drug treatment or prenatal care. (LKS)

  19. The principle of equality of arms in international criminal proceedings

    Fedorova, M.I.

    2012-01-01

    This book studies the interpretation and application of the principle of equality of arms in proceedings before several international criminal courts. The coming of age of these institutions merits an evaluation of the application of one of the fundamental principles underlying a criminal procedure.

  20. 42 CFR 38.8 - Criminal and civil penalties.

    2010-10-01

    ... 42 Public Health 1 2010-10-01 2010-10-01 false Criminal and civil penalties. 38.8 Section 38.8... EXAMINATIONS DISASTER ASSISTANCE FOR CRISIS COUNSELING AND TRAINING § 38.8 Criminal and civil penalties... a civil penalty of not more than $5,000 for each violation. (c) Whoever knowingly misapplies the...

  1. International Criminal Law: Over-studied and Underachieving?

    van Sliedregt, E.

    2016-01-01

    In his recent review of Neil Boister's book, An Introduction to Transnational Criminal Law, Robert Currie praises the author for shedding light on a field of law that has suffered from inattention. Transnational criminal law (TCL), the 'other' branch of what was traditionally called international

  2. Problem of Determining the Chance (Casus) in Criminal Law

    Veresha, Roman V.

    2016-01-01

    The article considers a concept of chance (casus) in criminal law and its main features. A definition of chance (casus) was analyzed as faultless causing of harm from a perspective of delimitation of the concept from carelessness in the form of criminal negligence. Particular attention is paid to the legislative definition of faultless causing of…

  3. The Use of Criminal History Information in College Admissions Decisions

    Pierce, Matthew W.; Runyan, Carol W.; Bangdiwala, Shrikant I.

    2014-01-01

    To understand the potential public health and social justice implications of criminal background screening on college admissions, we examined postsecondary institutions' reasons for collecting or not collecting applicants' criminal justice information. We invited heads of admissions from 300 randomly sampled postsecondary institutions to complete…

  4. 28 CFR 90.15 - Filing costs for criminal charges.

    2010-07-01

    ... with the filing of criminal charges against the domestic violence offender, or the costs associated... 28 Judicial Administration 2 2010-07-01 2010-07-01 false Filing costs for criminal charges. 90.15 Section 90.15 Judicial Administration DEPARTMENT OF JUSTICE (CONTINUED) VIOLENCE AGAINST WOMEN The STOP...

  5. Forgiveness in Criminal Law through Incorporating Restorative Mediation

    Claessen, Jacques

    2017-01-01

    In this monograph, the author argues for the integration of the concept of forgiveness into criminal law through incorporating restorative justice practices such as victim-offender mediation. Although forgiveness is not a purpose in itself nor can it be enforced, criminal law should provide room for

  6. Childhood Neurodevelopmental Disorders and Violent Criminality: A Sibling Control Study

    Lundström, Sebastian; Forsman, Mats; Larsson, Henrik; Kerekes, Nora; Serlachius, Eva; Långström, Niklas; Lichtenstein, Paul

    2014-01-01

    The longitudinal relationship between attention deficit hyperactivity disorder (ADHD) and violent criminality has been extensively documented, while long-term effects of autism spectrum disorders (ASDs), tic disorders (TDs), and obsessive compulsive disorder (OCD) on criminality have been scarcely studied. Using population-based registers of all…

  7. 75 FR 9613 - Draft NIJ Restraints Standard for Criminal Justice

    2010-03-03

    ... DEPARTMENT OF JUSTICE Office of Justice Programs [OJP (NIJ) Docket No. 1512] Draft NIJ Restraints Standard for Criminal Justice AGENCY: National Institute of Justice, Office of Justice Programs, DOJ. ACTION: Notice of Draft NIJ Restraints Standard for Criminal Justice and Certification Program...

  8. An Examination of Criminal Behavior among the Homeless.

    Solarz, Andrea

    Homelessness is a significant social problem in the United States, with an estimated 2.5 million homeless people in this country today. While criminal activity may become a means for the homeless to obtain resources needed for basic survival, little is known about the level of criminal activity among the homeless or about the types of crimnal…

  9. Highlight: The need for victim support services in India's Criminal ...

    Agnes spoke about the concerns and challenges faced by victims within the Indian criminal justice system. Over the years, Majlis has been working on sexual assault of women and girls with the state machinery (courts, police, lawyers and jurists) and within the criminal justice system. Drawing from their body of work, Agnes ...

  10. Harmony, Law and Criminal Reconciliation in China: A Historical Perspective

    W. Pei (Wei)

    2016-01-01

    textabstractIn 2012, China revised its Criminal Procedure Law (2012 CPL). One of the major changes is its official approval of the use of victim-offender reconciliation, or ‘criminal reconciliation’ in certain public prosecution cases. This change, on the one hand, echoes the Confucian doctrine that

  11. Admissibility of hearsay evidence in criminal trials: an appraisal of ...

    Admissibility of hearsay evidence in criminal trials: an appraisal of the Ethiopian legal framework. ... Haramaya Law Review ... Despite Ethiopia following a common law approach regarding evidentiary principles, rules and procedural safeguards in criminal trials, the country does not have a codified and compiled evidence ...

  12. Theories on Criminality and Mental Retardation Project CAMIO, Volume 2.

    Haskins, Jimmy R.; Friel, Charles M.

    This historical review of theories on criminality and mental retardation is part of Project CAMIO (Correctional Administration and the Mentally Incompetent Offender), a Texas study to determine the incidence of criminal incarceration of the mentally retarded (MR) and to identify laws, procedures, and practices which affect the prosecution and…

  13. Criminal Conduct: A Cause for Discipline of Teachers.

    Larke, Patricia J.

    1987-01-01

    Reviews factors considered by courts in judicial decisions concerning teachers involved in criminal offenses relating to alcohol and drug violations, larceny, theft, shoplifting, gambling, and manslaughter. The courts have held that when criminal conduct shows a connection between the offense and the teacher's effectiveness then cause exists for…

  14. 28 CFR 0.85a - Criminal justice policy coordination.

    2010-07-01

    ... 28 Judicial Administration 1 2010-07-01 2010-07-01 false Criminal justice policy coordination. 0.85a Section 0.85a Judicial Administration DEPARTMENT OF JUSTICE ORGANIZATION OF THE DEPARTMENT OF JUSTICE Federal Bureau of Investigation § 0.85a Criminal justice policy coordination. The Federal Bureau...

  15. Criminal Liability of Political Decision-Makers in the Netherlands

    Geelhoed, Willem; Zimmermann, Frank

    2017-01-01

    Dutch criminal law does not provide for criminal liability for a political decision-maker who decides to build a bridge, if thereafter the project runs out of control or the bridge appears not to justify the funds spent on the project. This is most probably even the case if the decision-maker knew

  16. Criminal Policy Debate as an Active Learning Strategy

    Mellgren, Caroline; Ivert, Anna-Karin

    2016-01-01

    One of the biggest challenges for criminal justice educators is to deal with the strongly held opinions and preconceived notions about criminal justice issues among students. It often takes the form of students being reluctant to accept certain premises that does not comply with their own experience of the issue. The general tendency to reject…

  17. Critical assessment of Nigeria criminal justice system and the ...

    Critical assessment of Nigeria criminal justice system and the perennial problem of awaiting trial in Port Harcourt maximum prison, Rivers State. ... Global Journal of Social Sciences ... Keywords: Nigeria criminal justice system, awaiting trial, rigidity of the penal law, holding charges, delay in the disposal of cases ...

  18. 25 CFR 11.902 - Non-criminal proceedings.

    2010-04-01

    ... BUREAU OF INDIAN AFFAIRS, DEPARTMENT OF THE INTERIOR LAW AND ORDER COURTS OF INDIAN OFFENSES AND LAW AND ORDER CODE Children's Court § 11.902 Non-criminal proceedings. No adjudication upon the status of any minor in the jurisdiction of the children's court shall be deemed criminal or be deemed a conviction of...

  19. Paraphilia and sex offending - A South African criminal law perspective.

    Carstens, Pieter; Stevens, Philip

    2016-01-01

    Historically, the link between sexual deviance and criminality has been described and documented, asserted by psychiatry, and manifested in law. Laws that have regulated sexual behaviour have referred to terms such as 'sexual deviation', 'sexual perversion' or even archaic moral terms such as 'unnatural acts and unspeakable crimes against nature'. A possible link between sexual perversion, psychopathy, and criminality, specifically manifesting in sexual homicide, has been the subject of remarkable research in forensic psychiatry. This contribution examines the phenomenon of paraphilia with specific reference to its definition, diagnostic classification and characteristics, as well as a few selections of incidences of paraphilia in South African criminal case law. A brief assessment is made of how South African criminal courts have dealt with paraphilia. In this regard, an analysis is made of the criminal liability of the paraphiliac. The South African response to sexual deviation as addressed in the Criminal Law (Sexual Offences and Related Matters) Amendment Act 32 of 2007 will also be addressed with reference to its efficacy in addressing paraphilia within South African criminal law. The interface between criminal law and medical ethics within the context of this theme will also be canvassed. In conclusion, recommendations for possible reform are canvassed. Copyright © 2016. Published by Elsevier Ltd.

  20. The ICC, International Criminal Justice and International Politics ...

    The International Criminal Court (ICC) came into being as a result of a desire by the international community to establish a permanent body to deliver criminal justice instead of the formula of ad hoc tribunals that had become the norm. The coming into force of the Rome Statute in 2002 was greeted with euphoria as it ...

  1. Transfer of Procedure in Criminal Matters in Romanian Legislation

    Ion Rusu

    2009-06-01

    Full Text Available Aware of the obligations assumed in fighting crime, Romania translated in itsinternal legislation the European Convention on the transfer of procedure in criminal matters,adopted in Strasbourg on 15 May 1972, ratified through Government’s Ordinance no.77/1999.The transfer of procedure in criminal matters is one of the forms of international judicialcooperation in criminal matter and represents an act on mutual trust in the organizing activityfor crime pursuit at the international level. According to law, the procedure transfer in criminalmatter consists in performing criminal procedure or continuing the procedures initiated by thecompetent Romanian authorities for an action that represents a crime, in accordance with theRomanian law and transferring it to another state. The procedure transfer in criminal matters isaccomplished only if the conditions expressly provisioned by law are fulfilled, respecting thenon bis in idem principle.

  2. Childhood neurodevelopmental disorders and violent criminality: a sibling control study.

    Lundström, Sebastian; Forsman, Mats; Larsson, Henrik; Kerekes, Nora; Serlachius, Eva; Långström, Niklas; Lichtenstein, Paul

    2014-11-01

    The longitudinal relationship between attention deficit hyperactivity disorder (ADHD) and violent criminality has been extensively documented, while long-term effects of autism spectrum disorders (ASDs), tic disorders (TDs), and obsessive compulsive disorder (OCD) on criminality have been scarcely studied. Using population-based registers of all child and adolescent mental health services in Stockholm, we identified 3,391 children, born 1984-1994, with neurodevelopmental disorders, and compared their risk for subsequent violent criminality with matched controls. Individuals with ADHD or TDs were at elevated risk of committing violent crimes, no such association could be seen for ASDs or OCD. ADHD and TDs are risk factors for subsequent violent criminality, while ASDs and OCD are not associated with violent criminality.

  3. Рarticular criminalistic methods of court hearing in criminal proceedings: essence and goals

    В. І. Алєксєйчук

    2015-11-01

    . І. Kogutych, І. І. Kotyuk, V. Т. Nor, B. V. Shchur. At the same time the scientists have not paid enough attention to the research of essence of particular criminalistic methods of court hearing of criminal cases and to the definition of its goals. Paper objective is an emphasizing and grounding of specific nature of goals of particular criminalistic methods of court hearing in criminal proceeding, definition of its essence. Paper main body. An essence of particular criminalistic methods of crimes investigation are scientific and practical guidelines which concern specific actions sequence, specific methods, techniques, ways and means of their implementation during investigation of a certain type (category of a crime, intended for use in specific typical situations. The court hearing of criminal proceedings is actually a continuation of a process of learning an event which took place, it is of crucial importance, therefore it requires scientific and practical guidelines concerning its providing. The differences in the content of such guidelines are connected with diversity in some tasks of pre-court and court proceeding and goals of corresponding particular criminalistic methods concerning their providing. In this regard, definition of goals of particular criminalistic methods of court hearing in criminal proceeding should be based on an analysis of tasks of criminalistic methods in general as a section of criminalistics, goals of criminal proceedings and essence of proof. At the same time, goals of particular criminalistic methods (of investigation as well as of court hearing of criminal cases have to disclose practical destination of the last one - as a system of guidelines developed for direct use in specific typical situations. The structure of such system of guidelines is determined by components of proof process which cover the following: collecting, recording, research, estimation аnd using of evidences. It should be taken into consideration that the

  4. The principle of legal certainty in the practice of the European Court of Human Rights and the quality problems of the criminal legislation of Ukraine

    М. І. Панов

    2015-03-01

    Full Text Available The article provides an outline of the principle of «legal certainty» in the practice of the European Court of Human Rights, shows its influence on the quality assurance of national criminal law and the principle of «rule of law» and «law» in judicial practice in criminal cases. It is noted that the category of «quality of the law on criminal responsibility» is closely connected with the principle of «legal certainty», includes a wide range of issues, the most important of which is the problem of the accuracy of criminal law. The content of this multifaceted category in terms of its various aspects: epistemological, logical, linguistic, pragmatic and on this basis are considered essential features and properties of the accuracy of criminal law, a necessary condition for ensuring the quality of the law on criminal responsibility. At the same time found out some shortcomings of the current penal legislation, proposals are being made to eliminate them.

  5. Conceptualization and measurement of criminal thinking: initial validation of the Criminogenic Thinking Profile.

    Mitchell, Damon; Tafrate, Raymond Chip

    2012-10-01

    This article describes two studies concerning the development of a new measure of criminal thinking, the CriminogenicThinking Profile (CTP), influenced by the construct of psychopathy, and traditional models of cognitive-behavioral therapy (CBT). An experimental item pool based on verbalizations from offenders served as the pilot version of the instrument. Principal components analysis of the items resulted in a 62-item, eight-factor scale that was internally consistent. In terms of content, six of the resulting factors were conceptually related to psychopathy, one to CBT, and one to neutralization theory. The factor structure and internal reliability was supported by a subsequent confirmatory factor analysis. Initial support for the CTP's convergent validity was indicated by its positive correlations with psychopathy and personality disorders associated with criminal, aggressive, and impulsive behaviors. The CTP's divergent validity was supported by its inverse correlations with indices of healthy personality functioning. The CTP offers a somewhat different constellation of thinking patterns than those found on previously published criminal thinking instruments. The utility of the CTP to identify relevant cognitive targets for offender treatment is a recommended area of future research.

  6. Psychological complaints reported by sexually abused children during criminal investigations: Istanbul example.

    Doğangün, Burak; Gönültaş, Burak M; Uzun-Oğuz, Esin; Oral, Gökhan; Öztürk, Meral

    2016-06-01

    The present study aims at describing the psychological complaints reported, as a part of the criminal investigation process, by the victims of sexual abuse as a part of the criminal investigation process, without attempting at reaching a medical diagnosis; and it discusses the relation of these reports with variables such as victim's gender, age and relation to the offender, type and duration of abuse, and parental marital status of the victim. Data is obtained from the statements of childhood sexual abuse (CSA) victims under the age of 15, as taken by Istanbul Juvenile Justice Department between the years 2009 and 2012. The sample consists of 175 cases with a total of 202 victim statements. Through the use of content analysis, the main and sub-categories of themes of the statements were determined. By means of the evaluation of the psychological condition of victims, we evaluated them in two categories: psychological complaints including self-harm and risk taking behaviors and psychological complaints with no self-harm and risk taking behaviors. The statistical analyses yield significant relations between the psychological complaints and children's parental marital status. Analysis of initial statements of sexual abuse victims is important as it may greatly contribute to professionals diagnosing and treating psychological complaints of these victims. It is essential that victims of sexual abuse should receive immediate psychological support starting with the criminal investigation process. Copyright © 2016 Elsevier Ltd. All rights reserved.

  7. THE POSITION OF JUVENILES IN THE NEW CRIMINAL LAW OF THE REPUBLIC OF SERBIA

    Dragan Jovašević

    2008-01-01

    Full Text Available The new juvenile (substantive, procedural and executive criminal law came into force at the beginning of 2006 in the Republic of Serbia.. In this way, by concluding its reform of criminal law, the Republic of Serbia followed the trends of modern criminal policies of other developed European countries (France, Germany, and Croatia. Therefore, in that special, specifi c way, it determined the criminal legal status of juveniles. That specifi city is refl ected in various directions : 1 Lex specialis was brought in – a special Act on juvenile perpetrators of criminal acts and the criminal legal protection of juveniles when juveniles in their criminal legal position are completely separate from the status of adults as perpetrators of criminal acts, 2 the special authority of district courts is determined for taking action in criminal cases of juvenile perpetrators of criminal acts, 3 compulsory specialisation is provided for persons in the criminal judiciary taking part in criminal proceedings for juvenile perpetrators of criminal acts ( with previous training and issuing of licences ‘certifi cates’ and 4 besides criminal sanctions, the law has provided for juvenile perpetrators of criminal acts the possibility of sentencing specifi c measures sui generis – educational orders ( directions or recommendations – as means of restorative justice by which the commencement or carrying out of legal action is avoided. This paper precisely deals with this new criminal legal position of juvenile perpetrators of criminal acts and with the new institutions of restorative justice from theoretical, practical and comparative legal aspects.

  8. El fleteo: "la abstracción de un riesgo criminal". Una experiencia de inteligencia criminal

    Héctor Alfredo Amaya Cristancho

    2014-04-01

    Full Text Available Problema. El fleteo se percibe como un peligro, porque no se dispone de un esquema racional y contingente para la toma de decisiones en materia de seguridad pública. Metodología. Ante tal situación, se hizo necesario identificar las características del fleteo como riesgo criminal contra la seguridad pública, mediante las teorías de la sociología del riesgo y la construcción social de la realidad. Para ello, se usó la metodología de los tipos ideales como guía para la recolección y análisis de información, por lo que se aplicaron diversas técnicas, como consulta documental, entrevistas, encuesta, grupos focales, análisis de caso y mentefacto conceptual. Resultados. Esto permitió distinguir y caracterizar el fleteo como riesgo criminal, fragmento de la realidad del que se ocupa la inteligencia criminal, y finalmente se identificaron algunos daños contra la seguridad pública. Conclusiones. La teoría del riesgo por lo general no se concibe aplicada a la seguridad pública. Por ello, se presenta la inteligencia criminal como una disciplina que se ocupa de anticipar los riesgos criminales contra la seguridad pública. Esto permitiría disminuir la incertidumbre durante la toma de decisiones y calcular los daños contra la seguridad pública, que se pretende prevenir.

  9. Criminal Genomic Pragmatism: Prisoners' Representations of DNA Technology and Biosecurity

    Machado, Helena; Silva, Susana

    2012-01-01

    Background. Within the context of the use of DNA technology in crime investigation, biosecurity is perceived by different stakeholders according to their particular rationalities and interests. Very little is known about prisoners' perceptions and assessments of the uses of DNA technology in solving crime. Aim. To propose a conceptual model that serves to analyse and interpret prisoners' representations of DNA technology and biosecurity. Methods. A qualitative study using an interpretative approach based on 31 semi-structured tape-recorded interviews was carried out between May and September 2009, involving male inmates in three prisons located in the north of Portugal. The content analysis focused on the following topics: the meanings attributed to DNA and assessments of the risks and benefits of the uses of DNA technology and databasing in forensic applications. Results. DNA was described as a record of identity, an exceptional material, and a powerful biometric identifier. The interviewees believed that DNA can be planted to incriminate suspects. Convicted offenders argued for the need to extend the criteria for the inclusion of DNA profiles in forensic databases and to restrict the removal of profiles. Conclusions. The conceptual model entitled criminal genomic pragmatism allows for an understanding of the views of prison inmates regarding DNA technology and biosecurity. PMID:22791960

  10. Criminal Genomic Pragmatism: Prisoners' Representations of DNA Technology and Biosecurity

    Helena Machado

    2012-01-01

    Full Text Available Background. Within the context of the use of DNA technology in crime investigation, biosecurity is perceived by different stakeholders according to their particular rationalities and interests. Very little is known about prisoners’ perceptions and assessments of the uses of DNA technology in solving crime. Aim. To propose a conceptual model that serves to analyse and interpret prisoners’ representations of DNA technology and biosecurity. Methods. A qualitative study using an interpretative approach based on 31 semi-structured tape-recorded interviews was carried out between May and September 2009, involving male inmates in three prisons located in the north of Portugal. The content analysis focused on the following topics: the meanings attributed to DNA and assessments of the risks and benefits of the uses of DNA technology and databasing in forensic applications. Results. DNA was described as a record of identity, an exceptional material, and a powerful biometric identifier. The interviewees believed that DNA can be planted to incriminate suspects. Convicted offenders argued for the need to extend the criteria for the inclusion of DNA profiles in forensic databases and to restrict the removal of profiles. Conclusions. The conceptual model entitled criminal genomic pragmatism allows for an understanding of the views of prison inmates regarding DNA technology and biosecurity.

  11. Criminal genomic pragmatism: prisoners' representations of DNA technology and biosecurity.

    Machado, Helena; Silva, Susana

    2012-01-01

    Within the context of the use of DNA technology in crime investigation, biosecurity is perceived by different stakeholders according to their particular rationalities and interests. Very little is known about prisoners' perceptions and assessments of the uses of DNA technology in solving crime. To propose a conceptual model that serves to analyse and interpret prisoners' representations of DNA technology and biosecurity. A qualitative study using an interpretative approach based on 31 semi-structured tape-recorded interviews was carried out between May and September 2009, involving male inmates in three prisons located in the north of Portugal. The content analysis focused on the following topics: the meanings attributed to DNA and assessments of the risks and benefits of the uses of DNA technology and databasing in forensic applications. DNA was described as a record of identity, an exceptional material, and a powerful biometric identifier. The interviewees believed that DNA can be planted to incriminate suspects. Convicted offenders argued for the need to extend the criteria for the inclusion of DNA profiles in forensic databases and to restrict the removal of profiles. The conceptual model entitled criminal genomic pragmatism allows for an understanding of the views of prison inmates regarding DNA technology and biosecurity.

  12. Readiness to change criminal women and men

    Krzysztof Biel

    2017-12-01

    Full Text Available The readiness of offenders to social rehabilitation is a new category in our country. Meanwhile, the research conducted in many countries indicates its usefulness in the diagnosis and selection of participants of rehabilitation programmes. This entails more effective interaction with convicted persons and greater responsibility on the part of convicted people for their own social rehabilitation process. The aim of this article is to present the main assumptions and models of readiness for change and their usefulness in social rehabilitation practice and to present pilot studies of readiness for change among criminal women and men in Kraków. Application of the Polish adaptation of the CVTRQ questionnaire made it possible to determine the level of convicted persons’ readiness, taking into account deficits in particular scales of the questionnaire and variables differentiating the group of ready and not ready people. At the end, guidelines for further research will be presented.

  13. Aberrant paralimbic gray matter in criminal psychopathy.

    Ermer, Elsa; Cope, Lora M; Nyalakanti, Prashanth K; Calhoun, Vince D; Kiehl, Kent A

    2012-08-01

    Psychopaths impose large costs on society, as they are frequently habitual, violent criminals. The pervasive nature of emotional and behavioral symptoms in psychopathy suggests that several associated brain regions may contribute to the disorder. Studies employing a variety of methods have converged on a set of brain regions in paralimbic cortex and limbic areas that appear to be dysfunctional in psychopathy. The present study further tests this hypothesis by investigating structural abnormalities using voxel-based morphometry in a sample of incarcerated men (N=296). Psychopathy was associated with decreased regional gray matter in several paralimbic and limbic areas, including bilateral parahippocampal, amygdala, and hippocampal regions, bilateral temporal pole, posterior cingulate cortex, and orbitofrontal cortex. The consistent identification of paralimbic cortex and limbic structures in psychopathy across diverse methodologies strengthens the interpretation that these regions are crucial for understanding neural dysfunction in psychopathy. PsycINFO Database Record (c) 2012 APA, all rights reserved.

  14. Presumption of Innocence in Criminal Procedure

    Tatiana Zbanca

    2009-06-01

    Full Text Available Presumption of innocence appears as a rule hardly in modern penal trial. For first timewas noted in legislation from the end of the XVIIIth century (United States of America legislationand Declaration of Human Rights and Citizens in 1789. This constituted a reaction compared toinquisitional report, which practically the one involved into a penal case was presumed alwaysguilty, reverting the obligation of proving own innocence. According to the U.S. Supreme Court,the presumption of the innocence of a criminal defendant is best described as an assumption ofinnocence that is indulged in the absence of contrary evidence. It is not considered evidence of thedefendant's innocence, and it does not require that a mandatory inference favorable to thedefendant be drawn from any facts in evidence.

  15. Registered criminality and sanctioning of schizophrenia patients

    Munkner, Runa; Haastrup, Soeren; Joergensen, Torben

    2009-01-01

    BACKGROUND: Patients with schizophrenia have been shown to have an increased risk of criminality, especially violent crimes. AIMS: The aim of the current study was to describe the pattern of crimes committed by Danish patients with schizophrenia and examine the sanctions given for crimes...... in relation to the different periods in the patients' lives: not yet known to the psychiatric hospital system, known to the system but not yet diagnosed with schizophrenia, and after being diagnosed with schizophrenia. METHODS: Information from the Danish Psychiatric Central Research Register was correlated...... with data from the Danish National Crime Register. RESULTS: One of the more prominent findings was that 16% of patients diagnosed with schizophrenia receive a prison sentence or a suspended prison sentence, despite the fact that Denmark is a co-signatory of the European Prison Rules and should treat, rather...

  16. Criminal decision making: the development of adolescent judgment, criminal responsibility, and culpability.

    Fried, C S; Reppucci, N D

    2001-02-01

    Theories of judgment in decision making hypothesize that throughout adolescence, judgment is impaired because the development of several psychosocial factors that are presumed to influence decision making lags behind the development of the cognitive capacities that are required to make mature decisions. This study uses an innovative video technique to examine the role of several psychosocial factors--temporal perspective, peer influence, and risk perception--in adolescent criminal decision making. Results based on data collected from 56 adolescents between the ages of 13 and 18 years revealed that detained youth were more likely to think of future-oriented consequences of engaging in the depicted delinquent act and less likely to anticipate pressure from their friends than nondetained youth. Examination of the developmental functions of the psychosocial factors indicates age-based differences on standardized measures of temporal perspective and resistance to peer influence and on measures of the role of risk perception in criminal decision making. Assessments of criminal responsibility and culpability were predicted by age and ethnicity. Implications for punishment in the juvenile justice system are discussed.

  17. Criminal Code, Federal District, 16 February 1971.

    1988-01-01

    Article 320 of the Criminal Code of the Federal District of Mexico defines "abortion" as the death of the conceptus at any time during pregnancy. Articles 320-32 specify penalties for inducing abortion, and Articles 333-34 exempt punishment if the abortion resulted from failure of the woman to take proper care, if the pregnancy was the result of rape, or if the pregnancy endangered the life of the woman. The abortion provisions of the criminal codes of the Mexican states of Baja California, Chiapas, Mexico, Sinoala, Sonora, Tabasco, and Tamaulipas are nearly identical to those of the Federal District Code. Certain states also give immunity from prosecution for abortion 1) if the pregnancy resulted from artificial insemination neither requested or assented to by the woman, provided that the abortion is carried out within the first 90 days of pregnancy; 2) if there is good reason to believe that the unborn child suffers from severe physical or mental disabilities of genetic or congenital origin; 3) if the health of the woman would be seriously jeopardized by the pregnancy, and 4) if the abortion is carried out for serious and substantiated economic reasons in cases where the woman has at least three children. Guanajuato and Queretaro allow abortions only when the pregnancy is the result of rape. Guerrero authorizes abortions only when the pregnancy is the result of rape, when the pregnancy results from an unlawful artificial insemination, or for eugenic reasons. Hidalgo, Nuevo Leon, and San Luis Potosi allows abortions only when the pregnancy is the result of rape or when the continuation of the pregnancy would seriously jeopardize the woman's health. In Chihuahua, Coahuila, Durango, Oaxaca, and Veracruz, abortions allowed because the pregnancy resulted from rape must be performed in the first 90 days of pregnancy.

  18. Mexico On A Criminal Traffic Scenario

    M. P. Moloeznik

    2017-01-01

    Full Text Available The article describes the problem of organized crime in modern Mexico. It addresses the activities of criminal clans, which profoundly evolved since the 1930s. The USMexican extensive border length and the stable demand for drugs in the United States leads to the continuous flow of illegal migrants and drugs from Mexico to the US and American firearms back to Mexico. First, the authors address the issue of interconnectedness of crime in the neighboring countries. Second, they describe the geographical distribution of crime activity. It shows the influence of organized crime on the political life oin Mexico and ways of its adaptation to law enforcement pressure, namely division and disaggregation. The authors state that the fight against organized crime was ineffective in Mexico in 2006-2012, because it ignored political and cultural realities, it used exclusively force and almost did not involve civil society. In addition, it only increased the level of violence in the country and contributed to the growth of corruption in the ranks of law enforcement. Moreover, it increased the level of violence in the country and contributed to the growth of corruption in the ranks of law enforcement. Many of its components had a pronounced «pre-election» character, aimed at attracting the voter with the promise of an «early and decisive victory» over criminals. The article proposes new approach to the problem of organized crime in Mexico. To start with, government should refuse to use unilateral, as well as politicized and opportunistic actions. The involvement of civic society is of ultimate importance.

  19. Suspects in criminal investigations of rape

    Marinković Darko

    2014-01-01

    Full Text Available Investigations of sexual assaults mostly focus on victims and their credibility, which may cause lack of firm evidence in relation to suspects. Given the fact that the criminal offence of rape is characterised by a high incidence of false reports and accusations, frequently indicating specific persons as the perpetrators, certain caution is necessary in the investigation in order to avoid false accusations and/or convictions. As regards the personality of the rapist and motives for committing a forcible sexual act, certain types or rather certain categories of perpetrators can be distinguished, although it should be noted that a large number of rapists do not belong to one category only, but rather combine characteristics of several different types. During a criminal investigation it is of vital importance to differentiate between a rape as a surprise attack and a rape as abuse of trust, as they are compatible with the nature of the suspect's defence. The suspect shall be subjected to a forensic examination in the course of the investigation in order to find traces which prove vaginal, anal or oral penetration, coerced sexual intercourse and identity of the rapist. While conducting an interrogation of a suspected rapist, a crime investigating officer shall use either factual or emotional approach to his interviewee, depending on his psychological and motivational characteristics. In this regard, the factual approach is believed to be more efficient with anger rapists and sadistic rapists, whereas the compassionate approach gives good results with the gentlemen-rapists and partly with the power asserting rapists.

  20. Mental health services costs within the Alberta criminal justice system.

    Jacobs, Philip; Moffatt, Jessica; Dewa, Carolyn S; Nguyen, Thanh; Zhang, Ting; Lesage, Alain

    2016-01-01

    Mental illness has been widely cited as a driver of costs in the criminal justice system. The objective of this paper is to estimate the additional mental health service costs incurred within the criminal justice system that are incurred because of people with mental illnesses who go through the system. Our focus is on costs in Alberta. We set up a model of the flow of all persons through the criminal justice system, including police, court, and corrections components, and for mental health diversion, review, and forensic services. We estimate the transitional probabilities and costs that accrue as persons who have been charged move through the system. Costs are estimated for the Alberta criminal justice system as a whole, and for the mental illness component. Public expenditures for each person diverted or charged in Alberta in the criminal justice system, including mental health costs, were $16,138. The 95% range of this estimate was from $14,530 to $19,580. Of these costs, 87% were for criminal justice services and 13% were for mental illness-related services. Hospitalization for people with mental illness who were reviewed represented the greatest additional cost associated with mental illnesses. Treatment costs stemming from mental illnesses directly add about 13% onto those in the criminal justice system. Copyright © 2016 Elsevier Ltd. All rights reserved.

  1. Legal and Jurisprudential Bases of Marital Rape Criminalization

    سید علیرضا میرکمالی

    2017-12-01

    Full Text Available Women are, due to their physical, psychological and social nature, most exposed to crime and are thus fragile against criminals. Moreover, they may be forced by their husbands and in the context of marriage to unusual sexual intercourses in environments such as home. Couples are free in having sexual intercourse, but his freedom should not be detrimental to one another. For this reason, the differential criminal protection of women through special criminalization of some behaviors is one of the ways to support women and reduce the likelihood of the commitment of crimes against them. Under the Iranian penal law, this practice has not been criminalized, while it seems that principles of Islamic jurisprudence and criminal law can help to criminalize it. This behavior along with moral values and social norms lead to persecution and harassment of the wife as well; and since Islam forbids committing the unlawful act and its perpetrator could be punished, therefore it is necessary that this immoral and aberrant behavior considered to be criminal.

  2. Criminal behavior in frontotemporal dementia and Alzheimer disease.

    Liljegren, Madeleine; Naasan, Georges; Temlett, Julia; Perry, David C; Rankin, Katherine P; Merrilees, Jennifer; Grinberg, Lea T; Seeley, William W; Englund, Elisabet; Miller, Bruce L

    2015-03-01

    Neurodegenerative diseases can cause dysfunction of neural structures involved in judgment, executive function, emotional processing, sexual behavior, violence, and self-awareness. Such dysfunctions can lead to antisocial and criminal behavior that appears for the first time in the adult or middle-aged individual or even later in life. To investigate the frequency and type of criminal behavior among patients with a diagnosed dementing disorder. We conducted a retrospective medical record review of 2397 patients who were seen at the University of California, San Francisco, Memory and Aging Center between 1999 and 2012, including 545 patients with Alzheimer disease (AD), 171 patients with behavioral variant of frontotemporal dementia (bvFTD), 89 patients with semantic variant of primary progressive aphasia, and 30 patients with Huntington disease. Patient notes containing specific keywords denoting criminal behavior were reviewed. Data were stratified by criminal behavior type and diagnostic groups. Frequencies of criminal behavior and χ² statistics were calculated. Of the 2397 patients studied, 204 (8.5%) had a history of criminal behavior that emerged during their illness. Of the major diagnostic groups, 42 of 545 patients (7.7%) with AD, 64 of 171 patients (37.4%) with bvFTD, 24 of 89 patients (27.0%) with semantic variant of primary progressive aphasia, and 6 of 30 patients (20%) with Huntington disease exhibited criminal behavior. A total of 14% of patients with bvFTD were statistically significantly more likely to present with criminal behavior compared with 2% of patients with AD (P violence compared with 2% of patients with AD (P = .003). Common manifestations of criminal behavior in the bvFTD group included theft, traffic violations, sexual advances, trespassing, and public urination in contrast with those in the AD group, who commonly committed traffic violations, often related to cognitive impairment. Criminal behavior is more common in patients

  3. The Influence of Beccaria in Modern Criminal Law

    Manuel Alberto Leyva Estupiñán

    2015-12-01

    Full Text Available “On Crimes and Punishments” by Cesar Beccaria is a fundamental work for modern Criminal Law. The ideas of liberal Criminal Law are presented throughout the book and the basis of philosophy used as a criteria, clearly reappears in Western thought by the middle of the 18th Century. Beccaria is one of the first authors that actually criticize the inquisitive system and canonical law from a philosophical and Criminal Law point of view. The author criticizes capital punishment, tortures to the accused and concludes that prevention should be the final objective of punishment.

  4. The Impact of Criminal Anthropology in Britain (1880-1918

    Neil Davie

    2010-11-01

    Full Text Available Only one book devoted entirely to the theories of Cesare Lombroso was published in Britain in the period 1880-1918, and that is The Criminal, by Havelock Ellis. In his book, Ellis noted the paradox of the British reaction to criminal anthropology. While researching the book, he had canvassed opinion among criminal justice professionals on the subject, hoping to garner home-grown reactions to the impassioned criminological debates taking place at the time on the Continent. Ellis was familiar w...

  5. The Criminal Justice System and Ordeal of Victims of Crime in ...

    Law is important and indeed indispensable for the continued existence of human society. The criminal justice system is entrusted with the responsibility of controlling criminal behaviour and punishing criminals or offenders. Compared to civil law, criminal law focuses more on the benefit of the state and political community ...

  6. CRIMINAL-POLITICAL FUTUROLOGY IN THE FIELD OF FIGHTING CRIME (CONCEPTUAL AND SUBJECT AREA

    Valery Novichkov

    2015-12-01

    Full Text Available The article considers the subject area of the new direction of pre-vision — criminal-political futurology (forecasting in the field of combating crime, absorbing in itself the main types of legal prediction: criminological, criminal, criminal Executive, criminal procedural, operational search and other.

  7. THE LOWER LIMIT OF THE RIGHT TO LIFE OF THE PERSON IN THE LIGHT OF THE NEW CRIMINAL CODE

    MIHAELA (ROTARU MOISE

    2012-05-01

    Full Text Available The right to life is one of the fundamental human rights both nationally and internationally, being provided and guaranteed by a series of legal acts. In the Romanian law, the right to life of the person as guaranteed by the article 22 paragraph (1 of the Constitution is also protected by criminal law. In judicial practice in this matter there was an important and interesting issue regarding the limits of the right to life of people or accurately determining the starting and ending of a person’s life. On this aspect, there were several points of view in the law literature, each grounded on its own way. In the current criminal law, the two aspects that I have mentioned above are linked, on the one hand, for instance to the issue of the legal classification of the fetal injury during birth until the cut of the umbilical cord and, on the other hand, to the thesis of tissue and organs for transplantation. The new Criminal Code is inspired by the European legislation. In relation to the criminal offences against the person it brings news to us by introducing a new offence, namely fetal injury, referred to in the article 202. Analyzing the legal content of this offence it is impossible not to call into question the situation of the lower limit of the right to life of the person.

  8. The Evolution of the Social Criminal Law on an International Wide Scale

    Radu Razvan Popescu

    2009-06-01

    Full Text Available Brought to maturity, the labor criminal law represents a real branch of the criminal law, as well as the business criminal law, fiscal criminal law or the environment criminal law. Notwithstanding labor criminal law cannot be considered merely as an accessory part of the corporate criminal law, but having an essential part such as an exhibit test, in order to determine new legal mechanisms, such as the ones regarding criminal liability of the legal persons. In the Romanian legislation, the labor criminal law, as an interference zone between the criminal law and labor law, has to be regarded from the internal social realities governing the labor aspects, as well from the comparative law's point of view.

  9. New solutions in the juvenile criminal law in the light of the restorative justice

    Jovašević Dragan

    2007-01-01

    Full Text Available New criminal legislation got into force in Serbia at the beginning of 2006. In that way, Serbia got unique Criminal Code which includes all provisions of material criminal law except provisions related to the criminal position of juveniles. System of criminal sanctions for juvenile off enders, procedure for their imposition and the way, procedure and terms for their execution are regulated by the provisions of the separate law - the Law on juvenile off enders and criminal protection of juveniles. Some of the most important novelties introduced by new juvenile criminal law are system of diversion, i.e. system of diversion orders, which aim at excluding the imposition of criminal sanctions in the cases when criminal sanction is not necessary from the perspective of crime suppression. Bearing that in mind, this paper is dedicated to forms of diversion orders as a form of measures that lead to more efficient system of restorative justice within our new juvenile criminal legislation. .

  10. The ability of criminal law to produce gender equality: judicial discourses in the Swedish criminal legal system.

    Burman, Monica

    2010-02-01

    The main aim of the Swedish Women's Peace reform in 1998 was to enhance criminal legal protection for women exposed to violence in heterosexual relationships and to promote gender equality. However, these ambitions risk being contravened in a masculinist criminal legal system. One problem concerns how the victim is constructed in criminal legal cases. The author argues that moral balancing and discourses of responsibility and guilt in Swedish cases constrain the agency possible for women and suggest that a more comprehensive policy in Sweden must be developed to include violent men, their agency, and their responsibility for the violence.

  11. The true value of Lambda appear to be nonzero and not constant with age : participation and frequency during criminal careers over the life span

    Petras, H.; Nieuwbeerta, P.; Piquero, A.

    2010-01-01

    Recent advances and debates surrounding general/developmental and static/dynamic theories of crime can be traced to the 1986 National Academy of Science Report on criminal careers and the discussion it generated. A key point of contention lies in the interpretation of the age-crime curve. For

  12. Public attitudes toward legally coerced biological treatments of criminals.

    Berryessa, Colleen M; Chandler, Jennifer A; Reiner, Peter

    2016-12-01

    How does the public view the offer of a biological treatment in lieu of prison for criminal offenders? Using the contrastive vignette technique, we explored this issue, using mixed-methods analysis to measure concerns regarding changing the criminal's personality, the coercive nature of the offer, and the safety of the proposed treatment. Overall, we found that of the three variables, the safety of the pill had the strongest effect on public acceptance of a biological intervention. Indeed, it was notable that the public was relatively sanguine about coercive offers of biological agents, as well as changing the personality of criminals. While respondents did not fully endorse such coercive offers, neither were they outraged by the use of biological treatments of criminals in lieu of incarceration. These results are discussed in the context of the retributive and rehabilitative sentiments of the public, and legal jurisprudence in the arena of human rights law.

  13. The International Criminal Court and conflict transformation in Uganda

    African Journal on Conflict Resolution ... The International Criminal Court (ICC) commenced investigation of the armed conflict in Uganda in 2004. ... It also addresses the problem of assessing the impact of law on conflict through the use of an ...

  14. Jurisdiction of the international Criminal Court: Analysis, loopholes ...

    Jurisdiction of the international Criminal Court: Analysis, loopholes and challenges. ... Journal Home > Vol 3 (2012) > ... One of the most fundamental questions of law is whether a given court has jurisdiction to preside over a given case.

  15. Ontario: prostitution-related provisions of Criminal Code struck down.

    Chu, Sandra Ka Hon

    2011-04-01

    In September 2010, the Ontario Superior Court of Justice held that three provisions of the Criminal Code dealing with prostitution violated sex workers' constitutional rights, were not in accordance with the principles of fundamental justice and must be struck down.

  16. The unique predisposition to criminal violations in frontotemporal dementia.

    Mendez, Mario F

    2010-01-01

    Brain disorders can lead to criminal violations. Patients with frontotemporal dementia (FTD) are particularly prone to sociopathic behavior while retaining knowledge of their acts and of moral and conventional rules. This report describes four FTD patients who committed criminal violations in the presence of clear consciousness and sufficiently intact cognition. They understood the nature of their acts and the potential consequences, but did not feel sufficiently concerned to be deterred. FTD involves a unique pathologic combination affecting the ventromedial prefrontal cortex, with altered moral feelings, right anterior temporal loss of emotional empathy, and orbitofrontal changes with disinhibited, compulsive behavior. These case histories and the literature indicate that those with right temporal FTD retain the capacity to tell right from wrong but have the slow and insidious loss of the capacity for moral rationality. Patients with early FTD present a challenge to the criminal justice system to consider alterations in moral cognition before ascribing criminal responsibility.

  17. Race, crime and criminal justice in South Africa

    Bosilong, KP

    2010-05-01

    Full Text Available -1 Chapter Title: Race, crime and criminal justice in South Africa Bosilong, KP: CSIR DPSS, Pretoria Mbecke, P: CSIR DPSS, Pretoria ABSTRACT: This chapter begins with a brief tour of South Africa's justice and political systems, demographics...

  18. Theft of Debris from the Space Shuttle Columbia: Criminal Penalties

    Murnane, Andrew W; Eig, Larry

    2003-01-01

    .... This report briefly describes possible criminal penalties for conversion of government property, and does not address issues related to the personal property of the Columbia's crew. This report will be updated as warranted.

  19. Reforming Scottish Criminal Procedure: In Search of Process Values

    Pamela R. Ferguson

    2017-01-01

    Full Text Available Recent proposals to reform Scottish criminal procedure are motivated by considerations of efficiency and accurate fact-finding, and there is little attempt to offer a normative account. This paper describes these proposals and contends that their emphasis on finding ‘the truth’ is misplaced on two distinct bases: (1 it equates erroneous acquittals to wrongful convictions, thus fails to uphold a fundamental tenet of criminal procedure, namely the particular importance of protecting the innocent against wrongful conviction; and (2 it fails to recognise the importance of non-instrumental process values which are at the heart of the adversarial criminal trial.  The paper suggests that it is only by adhering to these process values that the state maintains – and demonstrates that it maintains – its moral authority to condemn and punish offenders. Key notes: Return Directive, entry ban, illegal migrant, criminal law sanctions, crimmigration, expulsion.

  20. Applications of neuroscience in criminal law: legal and methodological issues.

    Meixner, John B

    2015-01-01

    The use of neuroscience in criminal law applications is an increasingly discussed topic among legal and psychological scholars. Over the past 5 years, several prominent federal criminal cases have referenced neuroscience studies and made admissibility determinations regarding neuroscience evidence. Despite this growth, the field is exceptionally young, and no one knows for sure how significant of a contribution neuroscience will make to criminal law. This article focuses on three major subfields: (1) neuroscience-based credibility assessment, which seeks to detect lies or knowledge associated with a crime; (2) application of neuroscience to aid in assessments of brain capacity for culpability, especially among adolescents; and (3) neuroscience-based prediction of future recidivism. The article briefly reviews these fields as applied to criminal law and makes recommendations for future research, calling for the increased use of individual-level data and increased realism in laboratory studies.

  1. The International Criminal Court, Justice, Peace and the Fight ...

    approche combinée de droit international et de sciences politiques, cet article se veut une ..... protection of the public interest, rehabilitation, and social reconstruction .... been required to rewrite their criminal laws to ensure clear definitions of.

  2. The International Criminal Court: Considerations for the Joint Force Commander

    Sutton, Michael

    2003-01-01

    An analysis of the issues and remedies a Joint Force Commander should be concerned about because of the relationship between the United States and the newly-created International Criminal Court (ICC...

  3. Congress, NRC mull utility access to FBI criminal files

    Ultroska, D.

    1984-01-01

    Experiences at Alabama Power Company and other nuclear utilities have promped a request for institutionalizing security checks of personnel in order to eliminated convicted criminals and drug users. The Nuclear Regulatory Commission (NRC), which could provide FBI criminal history information by submitting fingerprints, does not do so, and would require new legislation to take on that duty. Believing that current malevolent employees can be managed with existing procedures, NRC allows criminal background checks only on prospective employees in order to avoid a negative social impact on personnel. Legislation to transfer criminal histories to nuclear facilities is now pending, and NRC is leaning toward a request for full disclosure, partly because of terrorist threats and partly to save manpower time and costs in reviewing case histories

  4. Administrative Subpoenas in Criminal Investigations: A Brief Legal Analysis

    Doyle, Charles

    2006-01-01

    .... Several statutes at least arguably authorize the use of administrative subpoenas primarily or exclusively for use in a criminal investigation in cases involving health care fraud, child abuse, Secret...

  5. Criminal Attitudes of Ex-Prisoners: the Role of Personality, Anti-Social Friends and Recidivism

    Boduszek, Daniel; McLaughlin, Chris; Hyland, Philip

    2011-01-01

    Background: Previous research suggests that those who enter prison with a low level of criminal attitudes, tend to acquire more deviant attitudes during their sentence due to persistent contact with criminal others, and moreover, presence of criminal personality may be sufficient to develop criminal attitudes.\\ud Aim: To determine which of the independent variables: age, education level, marital status, number of children, location, recidivism, association with criminal friends, and personali...

  6. Long-term Consequences of Childhood ADHD on Criminal Activities*

    Fletcher, Jason; Wolfe, Barbara

    2009-01-01

    The question of whether childhood mental illness has long term consequences in terms of criminal behavior has been little studied, yet it could have major consequences for both the individual and society more generally. In this paper, we focus on Attention-Deficit/Hyperactivity Disorder (ADHD), one of the most prevalent mental conditions in school-age children, to examine the long-term effects of childhood mental illness on criminal activities, controlling for a rich set of individual, family...

  7. Symbolism as a Constraint on International Criminal Law

    Aksenova, Marina

    2016-01-01

    International criminal law is being pulled in different directions by various conflicting considerations – deterrence, retribution, justice for victims, reconciliation, and setting the historical record. This trend is detrimental for the survival of the system as it erodes the coherence and under......International criminal law is being pulled in different directions by various conflicting considerations – deterrence, retribution, justice for victims, reconciliation, and setting the historical record. This trend is detrimental for the survival of the system as it erodes the coherence...

  8. The Evidentiary Value of DNA Fingerprint as Criminal Evidence

    Mussa Masoud Irhouma

    2016-12-01

    Full Text Available The subject of criminal evidence is considered to be one of the greatest challenges that face authorities concerned with fighting crime at all levels. Due to this, authorities try to benefit as much as possible from scientific evidence due to the important role it plays in revealing the identity of criminals or victims in present or past criminal cases against unknown people through the physical traces that are found at the scene of an event, which include biological traces. DNA is one of these scientific evidences which can be benefited from in the field of crime investigation. Despite the importance of DNA technology in this area of work, there is still some debate surrounding its acceptance as criminal evidence. Some experts believe it to be of great importance whereas others cast doubt on its evidentiary value. They attribute this to a number of factors including the experts who are entrusted to examine DNA samples, the laboratories in which DNA analysis takes place, as well as the fact that resorting to DNA as a criminal evidence raises some legal complexities related to the permissibility of using it and the conditions and scope of its use. This paper sheds light on DNA and its evidentiary value among the judiciary in criminal cases by answering a number of questions such as the possibility of forcing a person to undergo DNA analysis or not to do so and to what extent it is to be relied upon as criminal evidence. This paper concluded the importance of DNA and its role in the field of criminal evidence. Despite this, even if the DNA evidence is sufficient in proving the innocence of the accused, it is only an indication that must not be solely relied upon and treated as a single conclusive evidence, particularly in cases that involve prescribed Islamic or retributive punishments.

  9. SELF-HARM AS A SIGN OF STAGING CRIMINAL EVENTS

    Vitaly Fadeev

    2015-12-01

    Full Text Available The article considers the problems of conducting investigative activities related to the dramatization of a criminal event, characterized by the application of self-harm to induce the employee of a consequence of misconceptions about the criminal event. At the same time, there is a need to study places of alleged crimes with the help of modern techniques and information technologies that enable more detail to model events.

  10. Criminal Social Identity and Suicide Ideation among Pakistani Young Prisoners

    Shagufta, Sonia; Boduszek, Daniel; Dhingra, Katie; Palmer, Derrol

    2015-01-01

    © Emerald Group Publishing Limited. Purpose: Suicidal behaviour is a common in prisoners, yet little is known about the factors that may protect against thoughts of ending one's life. The purpose of this paper is to specify and test a structural model to examine the relationship between three criminal social identity (CSI) dimensions (in-group affect, in-group ties, and cognitive centrality) and suicide ideation while controlling for period of confinement, age, criminal friends, and offense t...

  11. Money laundering: The question of precedent relevant criminal fact

    Fernando ANDRADE FERNANDES

    2014-07-01

    Full Text Available The article aims to make a more detailed analysis on the problem of the autonomy of money laundering crime. The rationale for the study is the existence of an understanding that defends the autonomy of the money laundering crime, despite the linkages she has with the precedent crime, of which result the illicit assets. The issue of autonomy of money laundering crime is analyzed in the perspective of the Criminal Law and Criminal Procedure.

  12. The development of the penal system in Serbian criminal law

    Jakšić Dušan

    2013-01-01

    Full Text Available The continuous development of the penal system in Serbia is reflected in significant changes within the criminal legislative solutions. The most important legal document of the medieval Serbia, 'Dušan's Code' was characterized by harsh corporal and death punishments taken from the Byzantine law. During the Ottoman period 'Dušan's Code' was no longer in use, and with the beginning of the First Serbian Uprising, the adoption of individual legislations began. The Criminal Code of the Principality of Serbia, adopted in 1860, introduced a novelty of major and minor penalties, including, most importantly, several types of detention. The Criminal Code of the Kingdom of Yugoslavia was adopted in 1929 and it predicted different types of sanctions other than fines. The main feature of the Criminal Code of the Kingdom of Yugoslavia was permanent abolition of the corporal punishment. After the Second World War, the newly formed government adopted new criminal codes and new forms of punishment, which remained unchanged from the Novel in 1959 up until the dissolution of the SFRY. Contemporary criminal legislation of the Republic of Serbia is characterized by the abolition of the death penalty, seizure of property and the introduction of new penalties, which should, instead of short prison sentences, serve as an alternative. Throughout its statehood, from the Middle Ages up until today, Serbia has always had a continuity of the penal system development parallel with its development, primarily in Europe.

  13. Sex Work Criminalization Is Barking Up the Wrong Tree.

    Vanwesenbeeck, Ine

    2017-08-01

    There is a notable shift toward more repression and criminalization in sex work policies, in Europe and elsewhere. So-called neo-abolitionism reduces sex work to trafficking, with increased policing and persecution as a result. Punitive "demand reduction" strategies are progressively more popular. These developments call for a review of what we know about the effects of punishing and repressive regimes vis-à-vis sex work. From the evidence presented, sex work repression and criminalization are branded as "waterbed politics" that push and shove sex workers around with an overload of controls and regulations that in the end only make things worse. It is illustrated how criminalization and repression make it less likely that commercial sex is worker-controlled, non-abusive, and non-exploitative. Criminalization is seriously at odds with human rights and public health principles. It is concluded that sex work criminalization is barking up the wrong tree because it is fighting sex instead of crime and it is not offering any solution for the structural conditions that sex work (its ugly sides included) is rooted in. Sex work repression travels a dead-end street and holds no promises whatsoever for a better future. To fight poverty and gendered inequalities, the criminal justice system simply is not the right instrument. The reasons for the persistent stigma on sex work as well as for its present revival are considered.

  14. An inappropriate tool: criminal law and HIV in Asia.

    Csete, Joanne; Dube, Siddharth

    2010-09-01

    Asian countries have applied criminal sanctions widely in areas directly relevant to national HIV programmes and policies, including criminalization of HIV transmission, sex work, homosexuality and drug injection. This criminalization may impede universal access to HIV prevention and treatment services in Asia and undermine vulnerable people's ability to be part of the HIV response. To review the status of application of criminal law in key HIV-related areas in Asia and analyze its impact. Review of literature and application of human rights norms to analysis of criminal law measures. Criminal laws in the areas considered here and their enforcement, while intended to reduce HIV transmission, are inappropriate and counterproductive with respect to health and human rights. Governments should remove punitive laws that impede the HIV response and should ensure meaningful participation of people living with HIV, people who use illicit drugs, sex workers and men who have sex with men in combating stigma and discrimination and developing rights-centered approaches to HIV.

  15. Predicting criminality from child maltreatment typologies and posttraumatic stress symptoms

    Elklit, Ask; Karstoft, Karen-Inge; Armour, Cherie; Feddern, Dagmar; Christoffersen, Mogens

    2013-01-01

    Background The associations between childhood abuse and subsequent criminality and posttraumatic stress disorder (PTSD) are well known. However, a major limitation of research related to childhood abuse and its effects is the focus on one particular type of abuse at the expense of others. Recent work has established that childhood abuse rarely occurs as a unidimensional phenomenon. Therefore, a number of studies have investigated the existence of abuse typologies. Methods The study is based on a Danish stratified random probability survey including 2980 interviews of 24-year-old people. The sample was constructed to include an oversampling of child protection cases. Building on a previous latent class analysis of four types of childhood maltreatment, three maltreatment typologies were used in the current analyses. A criminality scale was constructed based on seven types of criminal behavior. PTSD symptoms were assessed by the PC-PTSD Screen. Results Significant differences were found between the two genders with males reporting heightened rates of criminality. Furthermore, all three maltreatment typologies were associated with criminal behavior with odds ratios (ORs) from 2.90 to 5.32. Female gender had an OR of 0.53 and possible PTSD an OR of 1.84. Conclusion The independent association of participants at risk for PTSD and three types of maltreatment with criminality should be studied to determine if it can be replicated, and considered in social policy and prevention and rehabilitation interventions. PMID:23626869

  16. Predicting criminality from child maltreatment typologies and posttraumatic stress symptoms

    Ask Elklit

    2013-04-01

    Full Text Available Background: The associations between childhood abuse and subsequent criminality and posttraumatic stress disorder (PTSD are well known. However, a major limitation of research related to childhood abuse and its effects is the focus on one particular type of abuse at the expense of others. Recent work has established that childhood abuse rarely occurs as a unidimensional phenomenon. Therefore, a number of studies have investigated the existence of abuse typologies. Methods: The study is based on a Danish stratified random probability survey including 2980 interviews of 24-year-old people. The sample was constructed to include an oversampling of child protection cases. Building on a previous latent class analysis of four types of childhood maltreatment, three maltreatment typologies were used in the current analyses. A criminality scale was constructed based on seven types of criminal behavior. PTSD symptoms were assessed by the PC-PTSD Screen. Results: Significant differences were found between the two genders with males reporting heightened rates of criminality. Furthermore, all three maltreatment typologies were associated with criminal behavior with odds ratios (ORs from 2.90 to 5.32. Female gender had an OR of 0.53 and possible PTSD an OR of 1.84. Conclusion: The independent association of participants at risk for PTSD and three types of maltreatment with criminality should be studied to determine if it can be replicated, and considered in social policy and prevention and rehabilitation interventions.

  17. The Criminal Offense of Credit/Debit Card Fraud and the Implementation of Its Sanction on Indonesian Criminal Law

    Antonius Maria Laot Kian

    2015-04-01

    Full Text Available The aims of the study are to determine the legal arrangements and the application of criminal sanctions against the crime of credit/debit card fraud in Indonesia. The type of study was a normative research by classifying the provisions relevant to the crime of credit/debit card fraud is based on Law No. 11 Year 2008 concerning Information and Electronic Transactions; otherwise it is used also Convention on Cyber crime 2001. Analysis of legal materials made through a law (statue approach to create an ius constituendum regarding the application of criminal sanctions against crime credit/debit card fraud. The results of the research indicated that the legal arrangements and criminal sanctions against the crime of credit/debit card fraud in Indonesia is still relatively minimal. First, not integrated article that directly regulates computer related fraud. Second, not arranged in the form of criminal sanctions for actions that are restitution culprit.

  18. Remembering a criminal conversation: beyond eyewitness testimony.

    Campos, Laura; Alonso-Quecuty, María L

    2006-01-01

    Unlike the important body of work on eyewitness memory, little research has been done on the accuracy and completeness of "earwitness" memory for conversations. The present research examined the effects of mode of presentation (audiovisual/ auditory-only) on witnesses' free recall for utterances in a criminal conversation at different retention intervals (immediate/delayed) within a single experiment. Different forms of correct recall (verbatim/gist) of the verbal information as well as different types of errors (distortions/fabrications) were also examined. It was predicted that participants in the audiovisual modality would provide more correct information, and fewer errors than participants in the auditory-only modality. Participants' recall was predicted to be impaired over time, dropping to a greater extent after a delay in the auditory-only modality. Results confirmed these hypotheses. Interpretations of the overall findings are offered within the context of dual-coding theory, and within the theoretical frameworks of source monitoring and fuzzy-trace theory.

  19. [Criminal code and assisted human reproduction].

    Cortés Bechiarelli, Emilio

    2009-01-01

    The Spanish Criminal Code punishes in the article 161 the crime of assisted reproduction of the woman without her assent as a form of crime relative to the genetic manipulation. The crime protects a specific area of the freedom of decision of the woman, which is the one that she has dealing with the right to the procreation at the moment of being fertilized. The sentence would include the damages to the health provoked by the birth or the abortion. The crime is a common one--everyone can commit it--and it is not required a result of pregnancy, but it is consumed by the mere intervention on the body of the woman, and its interpretation is contained on the Law 14/2006, of may 26, on technologies of human assisted reproduction. The aim of the work is to propose to consider valid the assent given by the sixteen-year-old women (and older) in coherence with the Project of Law about sexual and reproductive health and voluntary interruption of the pregnancy that is studied at this moment, in Spain, in order to harmonize the legal systems.

  20. Crime victims in the criminal justice system

    Ćopić Sanja M.

    2003-01-01

    Full Text Available Negative social reaction and inadequate reaction of the agencies of the formal control on the primary victimization is leading to the so called secondary victimization that can be a source of trauma and frustration as much as the primary victimization. Due to that, relation of the police and the judiciary towards the crime victims is of a great importance regarding victims’ willingness to report the victimization, their confidence in these agencies, and cooperation during clearing up the crime. In order to realize the victim’s position in the criminal justice system, this paper contains an overview of how the police, prosecutor’s office and courts are functioning. The paper is based on the interviews made with the representatives of these state agencies, as well as on the previous knowledge and realized surveys concerning this topic. The aim of the paper is to emphasize the position and the role of the victim support service in the system of the state intervention, based upon the obtained data, as well as to give some basic information on how victims could report the crime, what are their rights and duties, what can they expect from the competent agencies.

  1. Exposure to criminal environment and criminal social identity in a sample of adult prisoners: The moderating role of psychopathic traits.

    Sherretts, Nicole; Boduszek, Daniel; Debowska, Agata

    2016-08-01

    The purpose of this study was to investigate the role of period of incarceration, criminal friend index (a retrospective measure intended to quantify criminal associations before 1st incarceration), and 4 psychopathy factors (interpersonal manipulation, callous affect, erratic lifestyle, and antisocial behavior) in criminal social identity (CSI) while controlling for age and gender. Participants were a sample of 501 incarcerated offenders (male n = 293; female n = 208) from 3 prisons located in Pennsylvania State. Moderated regression analyses indicated no significant direct association between period of incarceration and CSI or between criminal friend index and Measure of Criminal Social Identity (MCSI). However, a significant moderating effect of interpersonal manipulation on the relationship between period of incarceration and MCSI was observed. Period of incarceration was significantly positively correlated with MCSI (particularly with the in-group ties subscale) for only those offenders who scored high (1 SD above the mean) on interpersonal manipulation and significantly negatively correlated for those who scored low (1 SD below the mean) on interpersonal manipulation. Also, criminal friend index was positively significantly associated with in-group ties for high levels (1 SD above the mean) of callous affect. The main findings provide evidence for the claim that prisoners are likely to simulate changes in identity through the formation of bonds with other offenders and that this can be achieved using interpersonal manipulation skills. (PsycINFO Database Record (c) 2016 APA, all rights reserved).

  2. [Direct genetic manipulation and criminal code in Venezuela: absolute criminal law void?].

    Cermeño Zambrano, Fernando G De J

    2002-01-01

    The judicial regulation of genetic biotechnology applied to the human genome is of big relevance currently in Venezuela due to the drafting of an innovative bioethical law in the country's parliament. This article will highlight the constitutional normative of Venezuela's 1999 Constitution regarding this subject, as it establishes the framework from which this matter will be legally regulated. The approach this article makes towards the genetic biotechnology applied to the human genome is made taking into account the Venezuelan penal law and by highlighting the violent genetic manipulations that have criminal relevance. The genetic biotechnology applied to the human genome has another important relevance as a consequence of the reformulation of the Venezuelan Penal Code discussed by the country's National Assembly. Therefore, a concise study of the country's penal code will be made in this article to better understand what judicial-penal properties have been protected by the Venezuelan penal legislation. This last step will enable us to identify the penal tools Venezuela counts on to face direct genetic manipulations. We will equally indicate the existing punitive loophole and that should be covered by the penal legislator. In conclusion, this essay concerns criminal policy, referred to the direct genetic manipulations on the human genome that haven't been typified in Venezuelan law, thus discovering a genetic biotechnology paradise.

  3. Criminal-legal prohibitions in the soviet juridical discourse

    Andrey V. Skorobogatov

    2014-01-01

    Full Text Available Objective to determine the place of criminal law prohibitions in the formation development and functioning of the Soviet legal discourse. Methods dialectic approach to the research of social phenomena which allows to analyze them in historical development and functioning in the context of the unity of the objective and subjective factors as well as postmodern paradigm giving the opportunity to explore the legal reality at different levels including the lawinterpretation one. Dialectical approach and postmodern paradigm have determined the choice of specific research methods comparative hermeneutics discursive formally legal. Results basing on the analysis of normativelegal acts regulating criminal legal relations in the USSR the development of the Soviet criminal law was considered since its emergence to termination of existence. Conclusion on its restrictive nature was made which was in line with the main task of this sector of law ndash the protection of the Soviet system and socialist property from criminal encroachments. The normative regulatory basis of criminal law prohibitions determined the general nature of the Soviet legal discourse which was designed to prove the necessity and expediency of such means of protecting public and state interests in the period of building communism. Scientific novelty on the basis of use of the complex classical and postclassical methods the article for the first time studies the role of criminal law prohibitions in the development of Soviet legal discourse. Practical value the key issues and conclusions of the article can be used in scientific and pedagogical activity while researching the issues of the nature and trends of development of the Soviet criminal law.

  4. Comparative review of the investigation and confiscation of criminal assets

    Lajić Oliver

    2012-01-01

    Full Text Available In introduction author points to the necessity of adopting the institute of confiscation of criminal assets, supported by international experience, primarily due to the weakness of previously known institute confiscation of the proceeds of crime (for which the offender is being tried, showed in front of the phenomenon of organized crime. In doing so, he analyzes the modalities of confiscation of criminal origin present in modern legal systems and emphasizes the required standard of proof, as one of the key factors of their particularity. The following is a comparative review of the system for investigating and confiscation of criminal assets in Italy, Great Britain, Ireland, the Netherlands, Germany, France and the United States. There are emphasized the normative elements which affect to scope of application of this institute, especially in light of its connection to the criminal proceedings, as well as jurisdiction to realization of the investigation process and procedure of confiscation. In the final part, the author concludes that appropriate social and institutional responses are very important for the effective fight against crime, every time if there is a suspicion about illegally acquired wealth. In doing so, particular attention arouses organized crime, particularly in the light of contemporary global trends, which, unfortunately, significantly affect the possibility of the development of organized crime, and development and/or covering up its financial component. In this sense, the author emphasizes that the basic characteristics of the system for investigation and confiscation of criminal assets connected to the criminal proceedings, which are used in developed European countries and the United States: (1 changed the rules of evidence, which means less convenient role of suspects, (2 the application of this mechanism to a limited number of crimes, which often includes drug trafficking and other serious crimes or organized crime, and

  5. Enhance Criminal Investigation by Proposed Fingerprint Recognition System

    Hashem, S.H.; Maolod, A.T.; Mohammad, A.A.

    2014-01-01

    Law enforcement officers and forensic specialists spend hours thinking about how fingerprints solve crimes, and trying to find, collect, record and compare these unique identifiers that can connect a specific person to a specific crime. These individuals understand that a basic human feature that most people take for granted, can be one of the most effective tools in crime solving.This research exploits our previous work to be applicable in criminal investigation field. The present study aims to solve the advance crime by strength fingerprint’s criminal investigation to control the alterations happen intentionally to criminals’ fingerprint. That done by suggest strategy introduce an optimal fingerprint image feature’s vector to the person and then considers it to be stored in database for future matching. Selecting optimal fingerprint feature’s vector strategy deal with considering 10 fingerprints for each criminal person (take the fingerprint in different time and different circumstance of criminal such as finger is dirty, wet, trembling, etc.). Proposal begun with apply a proposed enrollment on all 10 fingerprint for each criminal, the enrollment include the following consequence steps; begin with preprocessing step for each of 10 images including enhancement, then two level of feature extraction (first level to extract arches, whorls, and loops, where second level extract minutiae), after that applying proposed Genetic Algorithm to select optimal fingerprint, master fingerprint, which in our point of view present the most universal image which include more detailed features to recognition. Master fingerprint will be feature’s vector which stored in database. Then apply the proposed matching by testing fingerprints with these stored in database.While, measuring of criminal fingerprint investigation performance by calculating False Reject Rate (FRR)and False Accept Rate (FAR) for the traditional system and the proposed in criminal detection field. The

  6. Background of the system analysis of crime prevention of properties of criminality

    Валерій Федорович Оболенцев

    2016-01-01

    system it is advisable to consider virtual demarcation between the subjects of crime prevention and social relations protected The external environment for the system to prevent crime in our opinion are protected social relations. The purpose of system analysis system to prevent crime we mean to the improvement of its efficiency, building generalizing the content model of interaction with social relationships (legitimate and criminal in modern conditions Ukrainian society. Objective analysis of the system of crime prevention - identifying ways to improve the effectiveness of the system in achieving its goal, to provide advice on compliance functions, parameters and structure of the system to its destination. The results and prospects of this research.   Thus the aims of the probed system are grounded in the article; its problem and context of consideration is formulated; the point of view of analyst, scopes of the system, surroundings, purpose and task of analysis of the systems, is determined. In subsequent it must be carried out collection and working of information about the system: historical analysis (genetic and prognostichniy aspect, substraktniy analysis, structural analysis (exposure of conformities to law of co-ordinating and subco-ordinating combinations of elements of the system, functional analysis of the internal and external functioning (adaptive and adapting activity, informative description of the system.

  7. General Principles of Transnationalised Criminal Justice?
    Exploratory Reflections

    Marianne L. Wade

    2013-09-01

    Full Text Available This article sets out to explore the premise of general principles in what is labelled transnationalised criminal justice (encompassing the substantive and procedural law as well as the institutions of transnational criminal law and European criminal law. Whilst there can be no denying that these are diverse and divergent areas of law in many ways, their fundamental common denominator of seeking to convict individuals whilst subjecting these to arrest, detention and deprivation of other rights across borders, is taken as a baseline around which certain general principles may gravitate. The current state of executive over-reach within transnationalised criminal justice structures is studied, particularly in relation to the European criminal justice context. This over-reach is explored utilising the theoretical framework of social contract theory. It is suggested that the transfer of investigative and prosecutorial powers to transnationalised contexts undertaken by the relevant executives without seeking to temper this assignment with mechanisms to secure the rights of individuals which counter-balance these, as required by the constitutional traditions of their country, can be regarded as in breach of the social contract. Using this thought experiment, this article provides a framework with which to identify the deficits of transnationalised criminal law.  The way in which such deficits undermine the legitimacy of the institutions created by states to operate the mechanisms of transnationalised criminal justice as well as the fundamental values of their own constitutions is, however, demonstrated as concrete. The latter are identified as mechanisms for deducing the general principles of transnationalised criminal justice (albeit via difficult international negotiation. If the supranationalisation of criminal justice powers is not to be regarded as a tool undermining constitutional values and effectively allowing executives acting in an

  8. One Hand Washes Another : Informal Ties Between Organized Criminal Groups and Law-Enforcement Agencies in Russia

    Alexey Konnov

    2006-11-01

    Full Text Available This article discusses the forms, contents and peculiarities of the existing informal ties between members of organized criminal groups and representatives of law-enforcement agencies in the Tatarstan Republic of Russia. Particular attention is paid to the origins of informal ties; ways how these relations are established, maintained, and utilized by both parts; causes of corruption in the law-enforcement agencies and the possibilities to understand it. The main conclusions are based on the results of ninety-six in-depth interviews with the law-enforcement officers, businessmen, members of organized criminal groups, and journalists conducted in main cities and towns of the Tatarstan Republic under support of the Transnational Crime and Corruption Centre at American University.

  9. Domestic violence and the criminal justice system: an overview.

    Erez, Edna

    2002-01-01

    It is only recently that domestic violence has been considered a violation of the law. Although men have battered, abused and mistreated their wives or intimate partners for a long time, historically, wife or partner abuse has been viewed as a "normal" part of marriage or intimate relationships. Only towards the end of the twentieth century, in the 1970 s, has domestic violence been defined a crime, justifying intervention by the criminal justice system. This article surveys the history of domestic violence as a criminal offense, and the justice system response to woman battering incidents. It first discusses the definition of the offense including debates around the offense definition, and the prevalence and reported frequency of the behavior termed woman battering. It then reviews the legal and social changes over time that have altered the criminal justice system s approach to domestic violence. Next it outlines the responses of the police, and the prosecution of domestic violence. The article also discusses research findings related to domestic violence and the criminal justice system, along with current controversies concerning the justice approach to domestic violence, its law enforcement, and related unfolding trends in the movement to address domestic violence through the criminal justice system.

  10. Technical records as material evidence in criminal proceedings

    Fitim Shishani

    2017-03-01

    Full Text Available Nowadays, with the aid of technical records - recordings (audio, visual or combined audiovisual events and occurrences can be registered in the outside world in detail. The recording enables the creator or anyone who has it in disposal that at any moment of its reproduction, it can be found in detail how the recorded event has happened or how an occurrence seemed at the time of the recording. Among the current formats of technical records are included: photography, filming, magnetic, magnetoscope, and videophone recording etc. (Sahiti & Murati 2016, 295. The possibility provided by the rapid technical development is also of interest to criminal procedure because technical records containing any fact that may be proved in criminal proceedings may serve as a source of knowledge about facts. In other words, they may serve as evidence to establish facts in criminal proceedings. Given the extensive options that technical fact recordings provide, entities that use the aid of various devices from this fi eld, as well as the different purposes of the author of the recording which have led to the case of making the recording, there is a reasonable question of the permission on their use as evidence in criminal proceedings. In Kosovo, the situation is clear in terms of recordings made in the criminal procedure, as Kosovo CCP 1 provides the possibility of photographing, filming, sketching, etc., of the crime scene, audio visual recording etc. examination of persons (defendant, witness, expert or recordings of any action on judicial review.

  11. Gambling and Impulsivity Traits: A Recipe for Criminal Behavior?

    Mestre-Bach, Gemma; Steward, Trevor; Granero, Roser; Fernández-Aranda, Fernando; Talón-Navarro, María Teresa; Cuquerella, Àngel; Baño, Marta; Moragas, Laura; Del Pino-Gutiérrez, Amparo; Aymamí, Neus; Gómez-Peña, Mónica; Mallorquí-Bagué, Núria; Vintró-Alcaraz, Cristina; Magaña, Pablo; Menchón, José Manuel; Jiménez-Murcia, Susana

    2018-01-01

    Gambling disorder (GD) is a psychiatric condition that was recently recategorized as a non-substance-related addiction in the Diagnostic and Statistical Manual of Mental Health Disorders. Criminal activity is commonly associated with gambling; however, few empirical studies to date have examined sociodemographic and psychological variables in this population. In this study, we explored criminal behavior history in a sample of consecutively recruited treatment-seeking gamblers ( n  = 382) and compared subjects with a history of illegal acts ( n  = 103, 26.9%) to those with no criminal record ( n  = 279, 73.1%). Impulsivity and personality traits were specifically explored, along with other gambling-related severity factors. We found that gamblers who engaged in illegal activity were more likely to endorse high levels of urgency (i.e., the tendency to act out when experiencing heightened emotional states) and increased lack of premeditation. Gamblers with a history of criminal behavior also had greater GD severity levels and gambling-related debts. Additionally, these gamblers reported lower levels of self-directedness, which is characterized by difficulty in establishing and redirecting behavior toward one's goals. Likewise, gamblers who had conducted criminal acts showed a tendency to engage in greater risk-taking behavior. These results shed new light on this understudied population and provide insights for developing targeted harm-prevention interventions and treatment protocols.

  12. Gambling and Impulsivity Traits: A Recipe for Criminal Behavior?

    Gemma Mestre-Bach

    2018-01-01

    Full Text Available Gambling disorder (GD is a psychiatric condition that was recently recategorized as a non-substance-related addiction in the Diagnostic and Statistical Manual of Mental Health Disorders. Criminal activity is commonly associated with gambling; however, few empirical studies to date have examined sociodemographic and psychological variables in this population. In this study, we explored criminal behavior history in a sample of consecutively recruited treatment-seeking gamblers (n = 382 and compared subjects with a history of illegal acts (n = 103, 26.9% to those with no criminal record (n = 279, 73.1%. Impulsivity and personality traits were specifically explored, along with other gambling-related severity factors. We found that gamblers who engaged in illegal activity were more likely to endorse high levels of urgency (i.e., the tendency to act out when experiencing heightened emotional states and increased lack of premeditation. Gamblers with a history of criminal behavior also had greater GD severity levels and gambling-related debts. Additionally, these gamblers reported lower levels of self-directedness, which is characterized by difficulty in establishing and redirecting behavior toward one’s goals. Likewise, gamblers who had conducted criminal acts showed a tendency to engage in greater risk-taking behavior. These results shed new light on this understudied population and provide insights for developing targeted harm-prevention interventions and treatment protocols.

  13. REHABILITATING CRIMINAL SELVES: Gendered Strategies in Community Corrections.

    Wyse, Jessica J B

    2013-04-01

    As the community corrections system has moved away from a focus on rehabilitation, it has been suggested that criminal offenders are no longer understood psychologically, but rather as rational actors for whom criminality is a choice. Rehabilitative efforts thus aim to guide these choices. Utilizing mixed methodology that draws on observational, interview, and case note data collected within the probation/parole system of a western U.S. state, I suggest that both officers' conceptualizations of the criminal self and the rehabilitative strategies they use are gendered. I find that officers view the male criminal self as flawed or underdeveloped and the female as permeable and amorphous, that is, lacking firm boundaries. In response to these constructions, officers aim to rehabilitate men largely by encouraging economic roles and responsibilities, while for women, rehabilitation aims to solidify boundaries: discouraging relationship formation and containing emotions. The differences identified point to ways in which gendered concepts of the criminal self contribute to gender disparities in contemporary supervision.

  14. Gambling and Impulsivity Traits: A Recipe for Criminal Behavior?

    Mestre-Bach, Gemma; Steward, Trevor; Granero, Roser; Fernández-Aranda, Fernando; Talón-Navarro, María Teresa; Cuquerella, Àngel; Baño, Marta; Moragas, Laura; del Pino-Gutiérrez, Amparo; Aymamí, Neus; Gómez-Peña, Mónica; Mallorquí-Bagué, Núria; Vintró-Alcaraz, Cristina; Magaña, Pablo; Menchón, José Manuel; Jiménez-Murcia, Susana

    2018-01-01

    Gambling disorder (GD) is a psychiatric condition that was recently recategorized as a non-substance-related addiction in the Diagnostic and Statistical Manual of Mental Health Disorders. Criminal activity is commonly associated with gambling; however, few empirical studies to date have examined sociodemographic and psychological variables in this population. In this study, we explored criminal behavior history in a sample of consecutively recruited treatment-seeking gamblers (n = 382) and compared subjects with a history of illegal acts (n = 103, 26.9%) to those with no criminal record (n = 279, 73.1%). Impulsivity and personality traits were specifically explored, along with other gambling-related severity factors. We found that gamblers who engaged in illegal activity were more likely to endorse high levels of urgency (i.e., the tendency to act out when experiencing heightened emotional states) and increased lack of premeditation. Gamblers with a history of criminal behavior also had greater GD severity levels and gambling-related debts. Additionally, these gamblers reported lower levels of self-directedness, which is characterized by difficulty in establishing and redirecting behavior toward one’s goals. Likewise, gamblers who had conducted criminal acts showed a tendency to engage in greater risk-taking behavior. These results shed new light on this understudied population and provide insights for developing targeted harm-prevention interventions and treatment protocols. PMID:29434553

  15. DRUG PROVISION OF HIV INFECTED CRIMINALS IN INSTITUTIONS OF CRIMINAL-EXECUTIVE SYSTEM OF KRASNODAR REGION

    I. V. Kalinin

    2017-01-01

    Full Text Available The rapid spread of human immunodeficiency virus (HIV leads not only to loss of health in persons held in penitentiary institutions, but also to an increase in material costs for drug coverage of the infected, causing the deficit in the budget of the Russian Federation.The aim of the study is the investigation of the problems in drug supply of HIV-infected people and to search for their solutions.Materials and methods. The investigation was conducted on the basis of statistic data, medical statements and accounting to reports of the penitentiary medical organization using methods of analysis, documentary observation, grouping and comparison of data.Results and discussion. It has been established that in institutions of the penal system the number of HIV-infected criminals continues to grow rapidly. It has been determined that currently in the criminal-executive system (CES of Kuban’ only 5 classes of antiretroviral drugs out of the 10 classes represented on the Russian pharmacy market are used. Hereby the greatest number of drugs used in prison medical organization for conducting antiretroviral therapy (ARVT, are classified as “Nucleoside reverse transcriptase inhibitors” and “Protease Inhibitors”, and other classes of art drugs are represented by only one international nonproprietary name (raltegravir, enfuvirtide, etravirine. Drug treatment of socially significant infectious diseases is supplied centrally and completely satisfies regional needs. The structure of suppliers has been identified and determined. In 2016 the main suppliers were Joint-stock companies (JSC “National Immunobiological Company” and “R-PHARM”. An acute shortage of drugs for opportunistic infections due to insufficient funding has also been determined. The necessity for urgent replacement of material-technical base in prison pharmacies for compliance with the rules of storage of medicines which can ensure their safety was identified. The imperfection of

  16. 42 CFR 2a.4 - Contents of application; in general.

    2010-10-01

    ... identify research subjects in any civil, criminal, administrative, legislative, or other proceedings... PROTECTION OF IDENTITY-RESEARCH SUBJECTS § 2a.4 Contents of application; in general. In addition to any other... confidentiality for a research project shall contain: (a) The name and address of the individual primarily...

  17. Il crimine organizzato in Italia: analisi evolutiva

    Elena Bianchini

    2007-12-01

    Full Text Available In Italy, organized crime presents today some specific characteristics : traditional for the existence of ancient roots from particular regions; new for the kind of illegal activities in which organized crime is involved and which is always changing and spreading making international alliances.In Italy, with specific attention to endogenous crime, the last Report on Crime underlines that “the more structured criminal alliances, such as cosa nostra, ‘ndrangheta, camorra and Apulian organized crime , keep on exerting an effective control effect in their original territories and so they are also a very serious threat for the development of relationships between the social components and also for the economy”. This is an alarming situation which requires urgent, preventive, istitutional and social action. The results from the present research are based on the reading and the analysis of the inaugural addresses of judicial years ( 2000-2007.Aujourd'hui en Italie, la criminalité organisée présente des caractéristiques particulières : traditionnelles, en raison de l'existence d'anciennes racines dans certains contextes régionaux ; nouvelles, à cause de la typologie d'activités illicites accomplies ; expansives, par l'aptitude à tisser des alliances transnationales. À propos de la criminalité endogène, le dernier Rapport sur la Criminalité en Italie souligne que "les associations criminelles les plus structurées, cosa nostra, 'ndrangheta, camorra et criminalité organisée des Pouilles, continuent à exercer une action de contrôle efficace des territoires d'origine et à menacer gravement le développement des relations parmi les différentes composantes sociales et de l'ordre économique". L'analyse ici présentée aussi, concernant les rapports inauguraux des années judiciaires (2000-2007, trace un cadre alarmant qui exige des interventions urgentes à niveau préventif, institutionnel et social.

  18. The Use of Soil in Criminal Investigations

    Dawson, Lorna; Fitzpatrick, Robert

    2013-04-01

    Forensic soil science, as a newly developed discipline of soil science, has matured to the extent that well-defined questions and successful crime scene investigations are being addressed in increasingly refined ways to assist law enforcement agencies. Soils, rocks, regolith, minerals and man-made mineral particles such as bricks (i.e. referred to "human-made" soil materials) are being used in specialised forensic investigations to associate/disassociate a sample taken from an item, such as shoes, clothing, shovel or vehicle, with a specific location. The majority of forensic cases involving soil materials are usually overwhelmingly complex, and the challenges of associating relevant information from one source with another, often requires the use and development of sophisticated field and laboratory methods. Through examples from case studies, this presentation will demonstrate how advanced field and laboratory approaches have been critical in developing coherent, predictive, soil models, from landscape to microscopic scales, to help contribute to soil-based criminal investigations in both Australia and Scotland. To demonstrate the critical importance of soil materials in forensic investigations, the following 2 case studies, which tackle difficult problems at a range of scales involving highly complex issues, will be presented: •The use of soil evidence to help solve a double murder case. This investigation used morphological, chemical, physical and mineralogical properties to identify similarities between soil-regolith found on a shovel taken from the suspect's vehicle and wetland soil-regolith subsequently located in the bottom of a quarry (Fitzpatrick and Raven, 2012). •The use of soil and related material to help search and to provide evidence in a murder case. This investigation used soil mineralogical and organic properties to identify similarities between sand found on a shovel and sand subsequently located at a beach. Results illustrate the benefit of

  19. Mentally disordered criminal offenders: legal and criminological perspectives.

    Dahlin, Moa Kindström; Gumpert, Clara Hellner; Torstensson-Levander, Marie; Svensson, Lupita; Radovic, Susanna

    2009-01-01

    Legal research in Sweden has traditionally focused on a systematization of the legal rules and their practical application, while the task of studying the effects of the application of the laws has been handed over to other branches of the social sciences. In contrast, new legal theories focusing on proactive and therapeutic dimensions in law have gained increasing attention in the international arena. These approaches may be better suited for evaluating legislation governing compulsory psychiatric care. Theoretical discussions and studies of causal mechanisms underlying criminal behaviour, as well as the implementation and value of instruments for predicting behaviour, are relevant to contemporary criminological research. Criminal behaviour varies across different groups of perpetrators, and the causes can be sought in the interplay between the individual and social factors. Multi-disciplinary efforts, integrating research from forensic psychiatry, psychology, sociology, and criminology, would be beneficial in leading to a better understanding of the causes underlying criminal behaviour.

  20. Changes to criminal records checks used to safeguard vulnerable patients.

    Griffith, Richard; Tengnah, Cassam

    2012-07-01

    The Protection of Freedoms Act 2012 is introducing changes to the Criminal Records Bureau (CRB) checks carried out on those people who work with vulnerable groups. The new law is the coalition Government's response to the criticism of the Safeguarding Vulnerable Group Act 2006. It will merge the CRB and Independent Safeguarding Authority into a new Disclosure and Barring Service and will enhance the rights of applicants to challenge the CRB's right to disclose non-conviction information as part of an enhanced criminal records check. In the first of two articles on the Protection of Freedoms Act 2012, Richard Griffith and Cassam Tengnah discuss the current framework for disclosing criminal records and the impact of the changes on district nurses applying for new posts.

  1. Renegotiating forensic cultures: between law, science and criminal justice.

    Roberts, Paul

    2013-03-01

    This article challenges stereotypical conceptions of Law and Science as cultural opposites, arguing that English criminal trial practice is fundamentally congruent with modern science's basic epistemological assumptions, values and methods of inquiry. Although practical tensions undeniably exist, they are explicable-and may be neutralised-by paying closer attention to criminal adjudication's normative ideals and their institutional expression in familiar aspects of common law trial procedure, including evidentiary rules of admissibility, trial by jury, adversarial fact-finding, cross-examination and the ethical duties of expert witnesses. Effective partnerships between lawyers and forensic scientists are indispensable for integrating scientific evidence into criminal proceedings, and must be renegotiated between individual practitioners on an on-going basis. Fruitful interdisciplinary collaboration between scholars with a shared interest in forensic science should dispense with reductive cultural stereotypes of Science and Law. Copyright © 2013. Published by Elsevier Ltd.

  2. Contribution to the discussion on the criminalization of stalking

    Miladinović-Stefanović Dušica

    2016-01-01

    Full Text Available The serious and complex nature of stalking, as a social phenomenon, is reflected in diverse forms of this illicit act, the severity of consequences caused by its commission, and the likelihood of being turned into violence. Whereas it may be observed from different perspectives, in this paper stalking is examined from the aspect of substantive criminal law. In the first part of this article, the author provides an overview of legal provisions on the crime of stalking as envisaged in selected European legislations. In the second part of the paper, the author re-examines the capacity of the existing Serbian criminal legislation to respond to this problem, especially through the envisaged criminal offence of endangering safety of another. In conclusion, the author discusses the inadequacy of the existing legislation and the need for further legislative intervention in this area.

  3. International criminal justice and the erosion of sovereignty

    Miguel de Serpa Soares

    2013-11-01

    Full Text Available The author states that any form of international justice always represents a means of limiting national sovereignty. In the case of International Criminal Law, this limiting is even more evident by compromising elements essential to the classical paradigm of International Law, as for example the punishing monopoly of States or the concept of a quasi-absolute State sovereignty. International criminal tools, crimes, sentences, jurisdictions, are all able to be, at least partially, a legal alternative to the issues of peace-keeping and national security, exclusively political and diplomatic. This alternative inevitable leads to tensions with a power structure that has not been altered since 1945. However, for this legal criminal alternative to be put in place, a long period of maturation will be required based on irrefutable technical and legal credibility.

  4. Effect of Marriage and Spousal Criminality on Recidivism

    Andersen, Signe Hald; Andersen, Lars Højsgaard; Skov, Peer Ebbesen

    2015-01-01

    The authors analyzed whether the effect of marriage on recidivism varied by spousal criminality. For this purpose, they used propensity score matching and full population data from Statistics Denmark on all unmarried and previously convicted men from birth cohorts 1965–1985 (N = 102,839). The res......The authors analyzed whether the effect of marriage on recidivism varied by spousal criminality. For this purpose, they used propensity score matching and full population data from Statistics Denmark on all unmarried and previously convicted men from birth cohorts 1965–1985 (N = 102......,839). The results showed that marriage reduced recidivism compared to nonmarriage only when the spouse had no criminal record. Similarly, marriage to a nonconvicted spouse reduced recidivism significantly more than marriage to a convicted spouse. These findings not only underline how important marriage...... is for social integration but also stress the heterogeneous nature of the protective effects of marriage....

  5. A combination strategy for tracking the serial criminal

    He, Chuan; Zhang, Yuan-Biao; Wan, Jiadi; Yu, Wenjing

    2010-08-01

    We build a Geographic Profiling Model to generate the criminal's geographical profile, by combining two complementary strategies: the Spatial Distribution Strategy and the Probability Distance Strategy. In the first strategy, we designate the mean of all the known crime sites as the anchor point, and build a Standard Deviational Ellipse Model, considering the effect of landscape. In the second strategy, we take many factors such as the buffer zone and distance decay theory into consideration and calculate the probability of the offender's residence in a certain area by using the Bayesian Theorem and the Rossmo Algorithm. Then, we combine the result of two strategies and get three search areas suit different conditions of the police to track the serial criminal. Apply the model to the English serial killer Peter Sutcliffe's case, the calculation result shows that the model can effectively be used to track serial criminal.

  6. REFLECTION ON THE REVISION OF THE BOOK OF THE LAW OF CRIMINAL LAW AND LAW OF CRIMINAL PROCEDURE OF INDONESIA

    Marwan Mas

    2015-05-01

    Full Text Available The Principle of the plan revision or amendment Of the Criminal Law Act and LAW No. 8 of 1981 on the law of criminal procedure (Criminal Code is something that necessarily, because a number of judgments were not in accordance with the conditions of the present. Criminal Code which came into effect in 1915 during colonial times, many judgments which are not in line with people's lives today. For example, the ban showed, offering, or broadcast a preventive tool is pregnant, regulated in article 534 Criminal Code, although that provision had never been repealed as opposed to family planning programs. It's just that, those changes also should look at the reality of the needs of the community, particularly on corruption eradication efforts which should not be weakened. One of the crucial second revision of draft laws that are a number of provisions which could potentially undermine the spirit of the eradication of corruption, including the weakening of the authority of the corruption eradication Commission (KPK in dealing with corruption cases.

  7. Social Support Among Substance Using Women with Criminal Justice Involvement

    Majer, John M.; Salina, Doreen D.; Jason, Leonard A.

    2016-01-01

    Social support types (abstinence, appraisal, belonging, tangible) were analyzed among a sample of women with criminal justice involvement and substance use disorders (n = 200). Hierarchical linear regression was conducted to examine social support types in relation to changes in abstinence self-efficacy while controlling for incarceration histories. Only abstinence social support and tangible social support predicted significant increases in abstinence self-efficacy, with tangible support accounting for more variance in the analytic model. Findings suggest women with criminal justice involvement who have substance use disorders have basic needs that if met would have an indirect effect on their recovery. Implications for treatment and research are discussed. PMID:26949443

  8. The law concerning criminal acts against the environment

    Sack, H.J.

    1980-01-01

    The 18th Act amending the German Criminal Code, the Act Combating Environmental Crime, is commented by the author. All penal provisions of the Atomic Energy Act have been incorporated in the Criminal Code and have been expanded in part. The new provisions are Sec. 311d, Releasing Ionizing Radiation; Sec. 311e, Faulty Fabrication of Nuclear Facilities; Sec. 322, Collection of producta sceleris; Sec. 326, Creating Environmental Hazards through Waste Disposal; Sec. 327, Unauthorized Plant Operation; Sec. 328, Unauthorized Handling of Nuclear Fuels. (HSCH) [de

  9. Commentary (Victim Participation in the International Criminal Court)

    Marchuk, Iryna

    2014-01-01

    Victim participation is one of the most innovative aspects introduced in the legal framework of the International Criminal Court (hereinafter – ICC), which has not featured in the practices of other international criminal courts and tribunals. The approach of the ad hoc tribunals to victims...... was very ‘consumer like’ because victims were solely used as witnesses to testify about the crimes attributed to the accused, but they were not granted broad participatory rights in the proceedings. The drafters of the Rome Statute acknowledged wide-ranging interests of victims who, apart from seeking...

  10. Criminal violence associated to mental health in Salvadorian people

    José Ricardo Gutiérrez Quintanilla

    2014-07-01

    Full Text Available This is an ex post facto study with a retrospective and cross sectional design, consisting of a random sample of 1,143 participants (538 men and 605 women, age range 17-56 or more. The measures used involved the Escala de estrés y ansiedad delincuencial, and the Cuestionario de salud general. Results revealed that approximately three fourths of the simple considered that the criminal violence context affected their mental health. Differences between men and women were established. Women and urban residents exhibited a greater number of stress symptoms and criminal anxiety. Recommendations for future studies are suggested.

  11. Vicarious liability and criminal prosecutions for regulatory offences.

    Freckelton, Ian

    2006-08-01

    The parameters of vicarious liability of corporations for the conduct of their employees, especially in the context of provisions that criminalise breaches of regulatory provisions, are complex. The decision of Bell J in ABC Developmental Learning Centres Pty Ltd v Wallace [2006] VSC 171 raises starkly the potential unfairness of an approach which converts criminal liability of corporations too readily into absolute liability, irrespective of the absence of any form of proven culpability. The author queries whether fault should not be brought back in some form to constitute a determinant of criminal liability for corporations.

  12. Reformation from Criminal to Lawyer: is such redemption possible?

    Magda Slabbert

    2014-11-01

    Full Text Available If a person with a criminal record were to apply for admission to the legal profession, the applicant would naturally harbour the hope that his or her application would succeed. However, in the absence of a reformation of his or her moral character, the certainty is that the application will fail, thus leading to disappointment. The aim of this article is to analyse the correctness of the above proposition. It is argued that a criminal record is not an insurmountable obstacle to a successful application for admission, but that such applications may succeed only in exceptional circumstances.

  13. On the Issue of the Concepts Ratio "Criminal Prosecution", "Charge", "Suspicion", "Preliminary Investigation"

    Zemlyanitsin E. I.

    2013-10-01

    Full Text Available An attempt is made to correlate such legal categories as "criminal prosecution", "charge", "suspicion", "preliminary investigation". Here is presented the comparative analysis of charge and suspicion as inherent elements of the agencies activities exercising criminal prosecution.

  14. Selected issues of the property right limitation in the criminal proceedings

    Mityukova, Marina

    2014-01-01

    The study aims at an analysis of the relationship between civil law and the criminal procedure law system. The author focus on the limitation of the property right in the selected aspects of the criminal proceedings.

  15. 78 FR 2443 - Criminal Justice Interview Room Recording System (IRRS) Standard, Supplier's Declaration of...

    2013-01-11

    ... DEPARTMENT OF JUSTICE Office of Justice Programs [OJP (NIJ) Docket No. 1612] Criminal Justice Interview Room Recording System (IRRS) Standard, Supplier's Declaration of Conformity Requirements, and... three draft documents related to Interview Room Recording Systems (IRRS) used by criminal justice...

  16. The Exercise of Responsible Command in the Enforcement of International Criminal Law: A New Model

    Reardon, Warren A

    1997-01-01

    The following article argues that the current regime for the enforcement of international criminal law against alleged war criminals fails to live up to its promises, largely because system participants lack (or refuse to gain...

  17. Evaluating the accuracy and effectiveness of criminal geographic profiling methods: The case of Dandora, Kenya

    Mburu, L; Helbich, M

    2015-01-01

    Criminal geographic profiling (CGP) prioritizes offender search, extensively reducing the resources expended in criminal investigations. The utility of CGP has, however, remained unclear when variations in environmental characteristics and offense type are introduced. This study evaluates several

  18. On Expansion Of The Circle Of Norms Providing Special Types Of Release From Criminal Liability In The Chapter 22 Of The Criminal Code Of The Russian Federation

    Farid A. Musaev

    2014-06-01

    Full Text Available In the article author conducts analysis of the circle of the criminal code of the Russian Federation (Charter 22 norms expansion, providing special types of release from criminal liability. Analyzes of the foreign legislation allowed author to draw a conclusion that the majority of the stimulating legal analogs to the Chapter 22 of the Criminal Code of the Russian Federation are present in the legislation of the CIS countries – Azerbaijan, Georgia, Tajikistan, Turkmenistan, Ukraine and some other, and also that release from the criminal liability on the tax crimes – is not less widespread stimulating norm in the foreign legislation. Special attention is paid to the questions of the positive post criminal behavior of persons who committed economic crime stimulation. According to the author it appears to be reasonable to include into the alternative condition of the release from criminal liability a sign of the voluntary statement of the crime commission or giving criminal income and also an alternative sign of the "active contribution to the disclosure and/or crime investigation". Author comes to the conclusion that a problem of the expansion of the stimulating norms in the Chapter 22 of the Criminal Codes of the Russian Federation action is interesting and actual in the conditions of criminal legislation in the economic sphere liberalization. In particular, in the foreshortening of the economic amnesty questions author believes that introduction of the stimulating norms of the Chapter 186 of the Criminal Code of the Russian Federation isn't expected soon.

  19. Affective empathy, cognitive empathy and social attention in children at high risk of criminal behaviour.

    van Zonneveld, Lisette; Platje, Evelien; de Sonneville, Leo; van Goozen, Stephanie; Swaab, Hanna

    2017-08-01

    Empathy deficits are hypothesized to underlie impairments in social interaction exhibited by those who engage in antisocial behaviour. Social attention is an essential precursor to empathy; however, no studies have yet examined social attention in relation to cognitive and affective empathy in those exhibiting antisocial behaviour. Participants were 8- to 12-year-old children at high risk of developing criminal behaviour (N = 114, 80.7% boys) and typically developing controls (N = 43, 72.1% boys). The high-risk children were recruited through an ongoing early identification and intervention project of the city of Amsterdam, focusing on the underage siblings or children of delinquents and those failing primary school. Video clips with neutral and emotional content (fear, happiness and pain) were shown, while heart rate (HR), skin conductance level (SCL) and skin conductance responses (SCRs) were recorded to measure affective empathy. Answers to questions about emotions in the clips were coded to measure cognitive empathy. Eye-tracking was used to evaluate visual scanning patterns towards social relevant cues (eyes and face) in the clips. The high-risk group did not differ from the control group in social attention and cognitive empathy, but showed reduced HR to pain and fear, and reduced SCL and SCRs to pain. Children at high risk of developing criminal behaviour show impaired affective empathy but unimpaired social attention and cognitive empathy. The implications for early identification and intervention studies with antisocial children are discussed. © 2017 Association for Child and Adolescent Mental Health.

  20. Sistema penal acusatorio en Veracruz/Adversarial criminal system in Veracruz

    Jorge Alberto Pérez Tolentino (México

    2014-01-01

    Full Text Available El estudio y comprensión del nuevo Código de Procedimientos Penales de Veracruz resulta ineludible, en virtud de las nítidas diferencias existentes entre las figuras jurídicas que contiene el actual ordenamiento, en comparación con el anterior. Es preciso sistematizar, describir y analizar la estructura del sistema penal acusatorio, a efecto de estar en condiciones de evaluar y, en su caso, proponer las mejoras al sistema en cuestión. El contenido esquemático y sustancial del código, la visión y recepción que del mismo tienen los operadores jurídicos y la sociedad en general, son aspectos que cubre el presente documento. The study and understanding of the new Code of Criminal Procedure of Veracruz is unavoidable, by reason of the sharp differences between the legal concepts that contains the actual order, compared with the previous. Needs to be systematized, describe and analyze the structure of the adversarial criminal system, in order to be able to evaluate and, if necessary, propose improvements to the system in question. The schematic and substantial content of the code, viewing and welcome that the same have the legal practitioners and society in general, are aspects covered by herein.

  1. Forgery from the Point of View of Criminal Illicitness, Putative Deeds and Disregarding Fides Publica

    Monica Pocora

    2013-08-01

    Full Text Available Forgery by its nature, always harms the trust that people are forced to have and need to grant one another in the relations among themselves or which they should show for the things usually considered as the expression and evidence of truth. While for the offenses committed by violation of trust, this is the rule applied intuitu personae, taking into account the personal condition of the person to whom trust is granted, in forgery crimes trust is given in rem, meaning to the thing per se perceived as being the expression of truth. Thus, we are not in front of a violation of trust given to certain people, but in front of the trust granted to the thing which is assumed legally the characteristic of expressing the truth, but truth which has been altered. This paper aims to be an interdisciplinary approach, starting from the criminological meaning rendered to public trust and up to its legal effects produced, set into criminal or extra-criminal content, an approach derived from applying the method of observation.

  2. IMPLEMENTATION BALANCING IDEA IN THE DEVELOPMENT OF CRIMINAL LAW IN INDONESIA

    Santoso Santoso

    2015-01-01

    Development of national criminal law has long been a study and discussion for academics, practitioners and law enforcement in Indonesia. Development or renewal of criminal law would become ideals of the nation to realize laws for all society, because the Criminal Code at this time is considered not answer legal issues in Indonesia, in particular recent developments tends to evoke dissatisfaction of society in law enforcement. Renewal and development of criminal law can not be done on an ad-ho...

  3. Neurocriminology: implications for the punishment, prediction and prevention of criminal behaviour.

    Glenn, Andrea L; Raine, Adrian

    2014-01-01

    Criminal behaviour and violence are increasingly viewed as worldwide public health problems. A growing body of knowledge shows that criminal behaviour has a neurobiological basis, and this has intensified judicial interest in the potential application of neuroscience to criminal law. It also gives rise to important questions. What are the implications of such application for predicting future criminal behaviour and protecting society? Can it be used to prevent violence? And what are the implications for the way offenders are punished?

  4. Processes of constitution of the uruguayan juvenile criminal system. ¿hybrids paradigms?

    López Gallego, Laura

    2017-01-01

    In this paper, the analysis focuses on adolescence as a particularized space of social criminal control   through devices that have historically constituted the Uruguayan juvenile criminal system. Social criminal control practices make up a heterogeneous field composed of a multiplicity of vectors which show the ways in which people are tried and/or treated according to their departures from the prevailing criminal law in a particularly socio-historical context . They set concrete social prac...

  5. PROCESSES OF CONSTITUTION OF THE URUGUAYAN JUVENILE CRIMINAL SYSTEM. ¿HYBRIDS PARADIGMS?

    López Gallego, Laura

    2017-01-01

    In this paper, the analysis focuses on adolescence as a particularized space of social criminal control   through devices that have historically constituted the Uruguayan juvenile criminal system. Social criminal control practices make up a heterogeneous field composed of a multiplicity of vectors which show the ways in which people are tried and/or treated according to their departures from the prevailing criminal law in a particularly socio-historical context . They set concrete social prac...

  6. Criminal charges prior to and after initiation of office-based buprenorphine treatment

    Harris Elizabeth E

    2012-03-01

    Full Text Available Abstract Background There is little data on the impact of office-based buprenorphine therapy on criminal activity. The goal of this study was to determine the impact of primary care clinic-based buprenorphine maintenance therapy on rates of criminal charges and the factors associated with criminal charges in the 2 years after initiation of treatment. Methods We collected demographic and outcome data on 252 patients who were given at least one prescription for buprenorphine. We searched a public database of criminal charges and recorded criminal charges prior to and after enrollment. We compared the total number of criminal cases and drug cases 2 years before versus 2 years after initiation of treatment. Results There was at least one criminal charge made against 38% of the subjects in the 2 years after initiation of treatment; these subjects were more likely to have used heroin, to have injected drugs, to have had any prior criminal charges, and recent criminal charges. There was no significant difference in the number of subjects with any criminal charge or a drug charge before and after initiation of treatment. Likewise, the mean number of all cases and drug cases was not significantly different between the two periods. However, among those who were opioid-negative for 6 or more months in the first year of treatment, there was a significant decline in criminal cases. On multivariable analysis, having recent criminal charges was significantly associated with criminal charges after initiation of treatment (adjusted odds ratio 3.92; subjects who were on opioid maintenance treatment prior to enrollment were significantly less likely to have subsequent criminal charges (adjusted odds ratio 0.52. Conclusions Among subjects with prior criminal charges, initiation of office-based buprenorphine treatment did not appear to have a significant impact on subsequent criminal charges.

  7. É possível uma Política Criminal? a discricionariedade no Sistema de Justiça Criminal do DF

    Arthur Trindade M. Costa

    2011-04-01

    Full Text Available Neste artigo, discutimos as limitações e os obstáculos para a elaboração e implantação de uma Política Criminal no Distrito Federal. Para isso, analisamos a forma como o processo de tomada de decisões no interior do Sistema de Justiça Criminal está estruturado. Observamos, a partir de etnografias e grupos focais, que tanto delegados, quanto promotores e juízes estabelecem critérios para selecionar os inquéritos e processos que merecerão atenção. Sem essa seleção, o funcionamento do Sistema de Justiça Criminal seria ainda mais caótico. Ocorre que essa seletividade é feita sem atender a uma Política Criminal. Existem diferentes filtros no Sistema de Justiça Criminal do DF, que seguem diferentes lógicas, cujo resultado é a ausência de uma Política Criminal coerente. As causas disso repousam no não reconhecimento da discricionariedade no Sistema de Justiça Criminal do Distrito Federal e, consequentemente, da sua não estruturação.In this article we discuss the limits and obstacles to the creation and implementation of a criminal policy in the Brazilian Federal District. So, we analyze how the decision making process in the Criminal Justice System has been structured. We observed, through ethnographies and focus groups, that commissioners, attorneys and judges have been established their own criteria to select police inquiries and criminal procedures. There are different biases in the Criminal Justice System of Federal District that follow different logics, whose consequence is the lack of a coherent criminal policy. The causes of this are the no recognition of the discretion in the Criminal Justice System and, consequently, it no structuration.

  8. The import of section 396 of the Administration of Criminal Justice ...

    The ACJA 2015 has repealed and replaced the Criminal Procedure Act and the Criminal Procedure Code in Federal courts. The scope of Section 396 of the ACJA however needs to be determined and adhered to in a bid to ensure that speed which is one of the aims of the ACJA is not defeated in criminal trials before the ...

  9. The Influence of criminal history on the likelihood of committing lethal versus nonlethal violence

    Ganpat, Soenita M.; Liem, Marieke; van der Leun, Joanne; Nieuwbeerta, Paul

    2014-01-01

    This study focuses on the criminal history of serious violent offenders. Our aim is to determine: (a) to what extent the criminal history of lethally violent offenders differs from nonlethally violent offenders and (b) to what extent one's criminal history influences the likelihood that violence

  10. 24 CFR 5.859 - When am I specifically authorized to evict other criminals?

    2010-04-01

    ... residing on the premises); or (2) Any criminal activity that threatens the health, safety, or right to... to evict other criminals? 5.859 Section 5.859 Housing and Urban Development Office of the Secretary... Federally Assisted Housing-Denying Admission and Terminating Tenancy for Criminal Activity or Alcohol Abuse...

  11. 40 CFR 303.12 - Criminal violations covered by this award authority.

    2010-07-01

    ... 40 Protection of Environment 27 2010-07-01 2010-07-01 false Criminal violations covered by this... (CONTINUED) SUPERFUND, EMERGENCY PLANNING, AND COMMUNITY RIGHT-TO-KNOW PROGRAMS CITIZEN AWARDS FOR INFORMATION ON CRIMINAL VIOLATIONS UNDER SUPERFUND General § 303.12 Criminal violations covered by this award...

  12. 28 CFR 20.34 - Individual's right to access criminal history record information.

    2010-07-01

    ... 28 Judicial Administration 1 2010-07-01 2010-07-01 false Individual's right to access criminal history record information. 20.34 Section 20.34 Judicial Administration DEPARTMENT OF JUSTICE CRIMINAL... Individual's right to access criminal history record information. The procedures by which an individual may...

  13. 78 FR 27341 - Restrictions on Legal Assistance With Respect to Criminal Proceedings in Tribal Courts

    2013-05-10

    ... over criminal proceedings; affording the defendant the right to effective assistance of counsel and, if... Criminal Proceedings in Tribal Courts AGENCY: Legal Services Corporation. ACTION: Request for information... funds to be used by grantees to represent eligible persons in any and all criminal proceedings in tribal...

  14. Invited Address: James Joyce, Alice in Wonderland, the Rolling Stones, and Criminal Careers

    Piquero, Alex R.

    2011-01-01

    The study of criminal careers generally, and patterns of continuity and change in criminal offending in particular, has been a long-standing interest to social scientists across many disciplines. This article provides readers with an overview of this line of research. After an introduction to the criminal career perspective, the article presents…

  15. Official Labeling, Criminal Embeddedness, and Subsequent Delinquency: A Longitudinal Test of Labeling Theory

    Bernburg, Jon Gunnar; Krohn, Marvin D.; Rivera, Craig J.

    2006-01-01

    This article examines the short-term impact of formal criminal labeling on involvement in deviant social networks and increased likelihood of subsequent delinquency. According to labeling theory, formal criminal intervention should affect the individual's immediate social networks. In many cases, the stigma of the criminal status may increase the…

  16. 28 CFR 20.35 - Criminal Justice Information Services Advisory Policy Board.

    2010-07-01

    ... 28 Judicial Administration 1 2010-07-01 2010-07-01 false Criminal Justice Information Services Advisory Policy Board. 20.35 Section 20.35 Judicial Administration DEPARTMENT OF JUSTICE CRIMINAL JUSTICE..., concept, and operational principles of various criminal justice information systems managed by the FBI's...

  17. 21 CFR 7.84 - Opportunity for presentation of views before report of criminal violation.

    2010-04-01

    ... report of criminal violation. 7.84 Section 7.84 Food and Drugs FOOD AND DRUG ADMINISTRATION, DEPARTMENT OF HEALTH AND HUMAN SERVICES GENERAL ENFORCEMENT POLICY Criminal Violations § 7.84 Opportunity for presentation of views before report of criminal violation. (a)(1) Except as provided in paragraph (a) (2) and...

  18. 39 CFR 230.4 - Arrest and investigative powers of criminal investigators.

    2010-07-01

    ... 39 Postal Service 1 2010-07-01 2010-07-01 false Arrest and investigative powers of criminal... OFFICE OF INSPECTOR GENERAL General Policy and Authority § 230.4 Arrest and investigative powers of criminal investigators. (a) Under the authority of 18 U.S.C. 3061, criminal investigators employed by the...

  19. 21 CFR 7.85 - Conduct of a presentation of views before report of criminal violation.

    2010-04-01

    ... of criminal violation. 7.85 Section 7.85 Food and Drugs FOOD AND DRUG ADMINISTRATION, DEPARTMENT OF HEALTH AND HUMAN SERVICES GENERAL ENFORCEMENT POLICY Criminal Violations § 7.85 Conduct of a presentation of views before report of criminal violation. (a) The presentation of views shall be heard by a...

  20. 28 CFR 20.33 - Dissemination of criminal history record information.

    2010-07-01

    ... 28 Judicial Administration 1 2010-07-01 2010-07-01 false Dissemination of criminal history record information. 20.33 Section 20.33 Judicial Administration DEPARTMENT OF JUSTICE CRIMINAL JUSTICE INFORMATION SYSTEMS Federal Systems and Exchange of Criminal History Record Information § 20.33 Dissemination of...

  1. Association of criminal convictions between family members : effects of siblings, fathers and mothers

    Rakt, M. van de; Nieuwbeerta, P.; Apel, R.

    2009-01-01

    Background Crime runs in families. Previous research has shown the existence of intergenerational transmission of criminal behaviour. Aim The aim of the present study was to investigate the extent to which variation in criminal convictions may be explained by the criminality of siblings and by the

  2. The role of the prosecutor in criminal investigations in the light of constitutional principles related

    Bruna Azevedo de Castro

    2012-04-01

    Full Text Available Discuss the possibility of intervention of the prosecution criminal nasinvestigações under a constitutional perspective and also relate to talpossibilidade role played by the judicial police . Highlight osposicionamentos divergent doctrinal concerning the interpretation constitutional dosdispositivos . Focusing on criminal econstitucionais constitutional principles concerning the criminal presided peloMinistério public.

  3. Legal Education in Brazil: maintaining the scientific positivism and consoliding the authoritarism in the criminal control

    Débora Regina Pastana

    2008-03-01

    Full Text Available This article reports analyses and conclusions formulated from comments about Brazilian Criminal Justice and that they had given to origin the thesis “Criminal Justice in Current Brazil: Democratic speech - practical authoritarian”. Focusing specifically national legal education, this text looks for to associate the maintenance of the authoritarianism in the criminal control to the positivist tradition of national legal science.

  4. Prescription Drug Use among College Students: A Test of Criminal Spin Theory

    Lin, Wan-Chun

    2017-01-01

    Criminal spin theory developed by Ronel intends to provide a more comprehensive explanation of criminal behavior. It includes wide-ranging factors that impact human behavior at an individual, group, and cultural level. According to criminal spin theory, an event or a set of events can impact human emotions, thoughts, and behaviors. With the…

  5. Presumption of shipmaster’s criminal responsibility for narcotic drugs in ship’s cargo – maritime reality check

    Nikoleta Radionov

    2010-12-01

    Full Text Available In the aftermath of the “Coral Sea” and “Therese” cases, the article deals with the problem of criminalization of the master of the ship for the crime of illicit traffic based on command responsibility. The first part of the article gives the general framework of the crimes of illicit traffic and smuggling by sea, and an overview of the ship security regulations as provided by the ISPS code. In the second part of the article, the position of the master of the ship with respect to responsibility for illicit traffic is emphasised. It starts by explaining details from both “Coral Sea” and “Therese” cases, where masters were indicted and/or prosecuted based solely on their command responsibility. The author tries to elaborate the problem from a maritime law perspective by explaining the evolution and meaning of different aspects of the three functions of the master of the ship today: nautical, administrative and representation of the shipowner. In order to put the potential responsibility of seafarers for the content of cargo into perspective, the reality of containerized cargo shipping is being explained and documented stage-by-stage. Finally, the basic concepts of criminal law are being explained, where principles of “nullumcrimen, nulla poena sine lege” apply. According to that, there can be no analogy between criminal responsibility of the master of the ship for crimes of illicit traffic (where the principle of proven guilt applies with command responsibility for war crimes.

  6. Diagnosis of antisocial personality disorder and criminal responsibility.

    Spaans, Marleen; Barendregt, Marko; Haan, Bernadette; Nijman, Henk; de Beurs, Edwin

    2011-01-01

    The present study empirically investigates whether personality disorders and psychopathic traits in criminal suspects are reasons for diminished criminal responsibility or enforced treatment in high security hospitals. Recently, the tenability of the claim that individuals with personality disorders and psychopathy can be held fully responsible for crimes has been questioned on theoretical bases. According to some interpretations, these disorders are due to cognitive, biological and developmental deficits that diminish the individual's accountability. The current article presents two studies among suspects of serious crimes under forensic evaluation in a Dutch forensic psychiatric observation clinic. The first study examined how experts weigh personality disorders in their conclusions as far as the degree of criminal responsibility and the need for enforced forensic psychiatric treatment are concerned (n=843). The second study investigated associations between PCL-R scores and experts' responsibility and treatment advisements (n=108). The results suggest that in Dutch forensic practice, the presence of a personality disorder decreased responsibility and led to an advice for enforced forensic treatment. Experts also take characteristics of psychopathy concerning impulsivity and (ir)responsibility into consideration when judging criminal accountability. Furthermore, they deem affective deficiencies sufficiently important to indicate suspects' threat to society or dangerousness and warrant a need for forensic treatment. Copyright © 2011 Elsevier Ltd. All rights reserved.

  7. Islamic criminal law in northern Nigeria: politics, religion, judicial practice

    Weimann, G.J.

    2010-01-01

    In 2000 and 2001, twelve northern states of the Federal Republic of Nigeria introduced Islamic criminal law as one of a number of measures aiming at "reintroducing the shari'a." Immediately after its adoption, defendants were sentenced to death by stoning or to amputation of the hand. Apart from a

  8. Psychological profile: the problem of modeling the unknown criminal personality

    Г. М. Гетьман

    2013-10-01

    Full Text Available The article investigates the problem of modeling an unknown person in the preparation of criminal psychological profile. Some approaches to the concept of "psychological profile" and "psychological portrait", in particular the proposed delineation of these terms. We consider the system steps in the development of the psychological profile of an unknown perpetrator.

  9. mens rea principle and criminal jurisprudence in nigeria

    Mofasony

    The doctrine of mens rea is a central distinguishing feature of criminal justice system in old ... specific mental element that is required to be defined and proved in respect of a ... Does the idea of causation relate to the question of mens rea?

  10. International Criminal Justice, Peace and Reconciliation in Africa ...

    mass atrocities in Africa with evidence grounded in both state practice and the histories of African ... for this study in its explicit acknowledgement and emphasis that the “Court .... though it is by cases concerning African countries, international criminal justice is not ..... efficient response to conflict and crisis situations in Africa.

  11. Author: V Basdeo THE LAW AND PRACTICE OF CRIMINAL ASSET ...

    10332324

    where criminal asset forfeiture is employed as a law enforcement tool, the fulfilment by the state of its public ... order relates.8 In cases where there are victims, the state relies on their affidavits in support of the ..... proceeds of tax fraud. .... (a) Section 35(3)(m) of the Constitution provides what amounts to a double jeopardy ...

  12. Personality and criminal outcomes of homeless youth in a Nigerian ...

    Objective: The unprecedented incidence of armed robberies and the involvement of young people in these crimes necessitated — as part of a comprehensive study on homelessness and criminal behaviour in Nigeria — an assessmet and comparison of homeless youths incarcerated in prisons with a control group of ...

  13. 78 FR 76860 - Contraband Screening for Criminal Justice Applications

    2013-12-19

    ... for the detection of contraband. Screening technology is widely used by criminal justice practitioners...: 1. Model Number and Name of the screening system/device. 2. Technology used by the system/device for... container or bag), Plastic, Wood, Ceramic, Powder (in a small packet), and/or Paper (e.g., folded currency...

  14. Beyond Criminal Justice: Toward a New Paradigm for Political ...

    Beyond Criminal Justice: Toward a New Paradigm for Political Settlement in Africa. Mass violence in contemporary Africa typically occurs in cycles. Months or years after one wave of violence is brought to an end, another wave overtakes it. Peace agreements are swept away and yesterday's victims emerge as today's ...

  15. International criminal tribunals and human rights law: Adherence and contextualization

    Zeegers, K.J.

    2015-01-01

    Given their mandate to prosecute persons responsible for the most atrocious of human rights violations, International Criminal Tribunals (ICTs) are generally hailed as welcome enforcers of international human rights law: a new instrument in the toolkit of human rights protectors. However, ICTs

  16. 8 CFR 1003.41 - Evidence of criminal conviction.

    2010-01-01

    ... 8 Aliens and Nationality 1 2010-01-01 2010-01-01 false Evidence of criminal conviction. 1003.41 Section 1003.41 Aliens and Nationality EXECUTIVE OFFICE FOR IMMIGRATION REVIEW, DEPARTMENT OF JUSTICE... that indicates the existence of a conviction; (4) Minutes of a court proceeding or a transcript of a...

  17. Author: V Basdeo THE LAW AND PRACTICE OF CRIMINAL ASSET ...

    10332324

    generally accepted in societies that embrace liberal democratic values. .... It is submitted that, in the light of the fact that once a restraint order is granted or is .... assess what "may" occur in the future, that is, whether the criminal court "may".

  18. Homicide by fright: the intersection of cardiology and criminal law.

    Flannery, Frank T; Oetgen, Catherine C; Oetgen, William J

    2010-01-01

    The prevailing lay wisdom associates emotional stress with sudden death, and recent medical reports have linked massive catecholamine surges with demonstrable cardiac dysfunction that can be either reversible or fatal. This association does not strictly prove causality, and the question remains open for additional scientific investigation. From the legal viewpoint, however, the issue has been resolved, and case law clearly holds that sudden emotional stress can cause death. More significantly, case law also holds that if the sudden emotional stress is caused by criminal conduct, the resulting death of a victim of the criminal conduct can be prosecuted as homicide. Cardiologists are often called to testify in such circumstances. In the present study, we have reviewed 8 legal cases that are the basis of current opinions in these matters. These legal principles can be summarized as follows: emotional stress is sufficient, and physical abuse is not required for conviction; a time-lapse between the induction of emotional stress and death does not necessarily mitigate the charge of homicide; the criminal act must be the proximate cause of the victim's death; however, the accused does not always need to be physically present to commit the crime. In conclusion, although the pathophysiology of sudden death associated with massive emotional stress has not been fully elucidated from a scientific viewpoint, in the legal system, the association can be causative and can be the basis for a criminal prosecution. Cardiologists may be called on to provide expert opinions in the prosecution of these cases.

  19. A Research Note on American Indian Criminal Justice

    Braunstein, Rich; Anderson, Bill

    2008-01-01

    One confronts many difficulties when conducting policy-relevant criminal justice research that focuses on American Indian interests. Foremost among these difficulties is the great variation in relevant contexts that apply to this area of research. From the urban context of large American cities, where American Indians constitute a slim minority…

  20. The Challenges Facing the International Criminal Court in ...

    This article examines the role of the International Criminal Court (ICC) in dealing with matters of genocide, crimes against humanity and war crimes that have increasingly become common phenomena in politics. Indeed, so far there is scanty detailed scholarly research that has been documented on the activities of the ICC.

  1. Presentaciones Powerpoint de Psicología Criminal

    Herranz Bellido, Jesús; Romo Donaire, Ana María; Albaladejo-Blázquez, Natalia; Jarque Llamazares, Livia

    2008-01-01

    Estas 16 presentaciones Powerpoint han sido elaboradas para servir a los estudiantes como un breve resumen de los contenidos teóricos que constituyen el programa de la asignatura Psicología Criminal, que se imparte como asignatura troncal en la Licenciatura de Criminología de la Universidad de Alicante.

  2. Why Rape Survivors Participate in the Criminal Justice System

    Patterson, Debra; Campbell, Rebecca

    2010-01-01

    After a rape, survivors may seek help from multiple community organizations including the criminal justice system (CJS). Research has found that few survivors report their assaults to the police and of those who do report, many withdraw their participation during the investigation. However, relatively little is known about the factors that lead…

  3. Demographic, criminal and psychiatric factors related to inmate suicide

    Blaauw, E.; Kerkhof, A.J.F.M.; Hayes, L.M.

    2005-01-01

    A review of 19 studies suggests that it may be feasible to identify prisoners with suicide risk on the basis of demographic, psychiatric, and criminal characteristics. The present study aimed to identify combinations of characteristics that are capable of identifying potential suicide victims.

  4. Demographic, criminal, and psychiatric factors related to inmate suicide

    Blaauw, E.; Kerkhof, A.J.; Hayes, L.M.

    2005-01-01

    A review of 19 studies suggests that it may be feasible to identify prisoners with suicide risk on the basis of demographic, psychiatric, and criminal characteristics. The present study aimed to identify combinations of characteristics that are capable of identifying potential suicide victims.

  5. Hispanics in the Criminal Justice System--the "Nonexistent" Problem.

    Mandel, Jerry

    1979-01-01

    Though hidden from view by being considered "non-existent", the meager evidence indicates that Hispanics have an unusually high arrest and incarceration rate. Hispanic background is rarely asked on the six major sources of criminal justice statistics--statistics of arrests, courts, prisoners, juvenile delinquency, crime victimization, and public…

  6. Sex Work Criminalization Is Barking Up the Wrong Tree

    Vanwesenbeeck, Ine

    There is a notable shift toward more repression and criminalization in sex work policies, in Europe and elsewhere. So-called neo-abolitionism reduces sex work to trafficking, with increased policing and persecution as a result. Punitive "demand reduction" strategies are progressively more popular.

  7. Mapping Criminal Governance in African Cities | CRDI - Centre de ...

    Researchers will consider areas of the two cities where organized criminal networks have usurped the role of the state or filled a gap resulting from the absence of state capacity; explore the question of legitimacy in areas where drug lords or community gangs have come to be considered more loyal to community interests ...

  8. Is the Current System of Criminal Procedure of Iran Efficient?

    Mehdi Fazli

    2018-02-01

    Full Text Available This paper is a study about the efficiency of the criminal system designed in the new Criminal Procedure Code of Iran, that came into effect on June 22, 2015. Notwithstanding the notable legislator’s efforts, infrastructural and structural reforms have not been carried out. Accordingly, it is not expected to be as efficient as the previous laws due to the lack of fundamental reforms; reforms caused the improvement in “low-level efficiency” (saving resources in the economic sense rather than in the “high-level” one (saving resources plus developing more justice. The analysis of the efficiency of the Code and proposal of fundamental reforms for having a high-level efficient Criminal Law in Iran are the main objectives of this paper. After an introduction (Chapters I and II, we made a historical approach of the Iranian system in this matter (Chapter III. Then, we analyze three types of efficiency (Chapter IV, attending to some infrastructural elements, some structural factors and other procedural aspects. At last, we synthetize four conclusions (Chapter V. Main conclusion is that efficiency in the system of criminal procedure would be only on low-level.

  9. William A. Schabas, An Introduction to the International Criminal Court

    Anan A. Haidar

    2008-02-01

    Full Text Available As with previous editions, the third edition of Professor Schabas’ book presents a clear and understandable description of the establishment and operation of the International Criminal Court. He provides both a concise and coherent analysis of the Rome Statute’s substantive law and a clear guide to the relevant procedure.

  10. Criminalizing rape within marriage: perspectives of Ghanaian university students.

    Adinkrah, Mensah

    2011-09-01

    Forcing sexual intercourse on an unwilling marital partner, or marital rape, is not a crime in many societies around the world, because of a marital exemption rule that prohibits the prosecution of husbands who rape their wives. Concurrently, marital rape is one of the least studied phenomena in sexual violence research. This is particularly true for societies in the non-Western world. The current study examined the general attitudes of a sample of university students in Ghana, a West African country, toward marital rape. Respondents were also asked whether an ongoing legislative effort to criminalize marital rape in the country was warranted. The results indicated strong opposition toward criminalization. The results also indicated no marked differences between male and female respondents in attitudes toward marital rape and the need for a legislative response to the phenomenon. Patriarchal ideologies such as wifely submission to the husband and an implicit duty to provide sex in marriage provided some of the justifications furnished for why marital rape should remain noncriminalized. Advocates of criminalization mentioned the social, physical, and psychological effects of rape and how the enactment of marital rape legislation and the imposition of severe criminal sanctions would help prevent the incidence of marital rape and other forms of violence against women in the society.

  11. Children's Voices: Reactions to a Criminal Justice Issue Picture Book

    Oslick, Mary Ellen

    2013-01-01

    This article examines the issue of children with incarcerated parents within the broader topic of criminal justice in multicultural children's literature. The sheer magnitude of culture of children with incarcerated parents makes it necessary for their stories to be included in children's literature. Children with an incarcerated parent need to…

  12. Criminal Sovereignty: Understanding North Korea’s Illicit International Activities

    2010-03-01

    Malaysia , Singapore, Taiwan, and Egypt have been swept up in the vortex of North Korea’s criminal schemes, contributing to crime rates and, in some...which in many ways is far more influential than, for example, South Korea’s major conglomerates of Samsung , Hyundai, and Daewoo, and which is tasked

  13. The ICC, International Criminal Justice and International Politics

    short, does it have a future, and how shall it remain relevant in the future? This article is a think piece ... Introduction. The International Criminal ... in its operations by international politics, are the ICC's weaknesses a function of its very nature or ...

  14. Transparency and Legitimacy in Chinese Criminal Procedure : Beyond Adversarial Dogmas

    Zhang, S.

    2017-01-01

    In recent years, the legitimacy of China's criminal justice system has been increasingly challenged by the Chinese populace, in part due to the numerous exposed miscarriages of justice. The Chinese academic mainstream as well as the political and judicial authorities have looked towards the

  15. Growth and containment of a hierarchical criminal network

    Marshak, Charles Z.; Rombach, M. Puck; Bertozzi, Andrea L.; D'Orsogna, Maria R.

    2016-02-01

    We model the hierarchical evolution of an organized criminal network via antagonistic recruitment and pursuit processes. Within the recruitment phase, a criminal kingpin enlists new members into the network, who in turn seek out other affiliates. New recruits are linked to established criminals according to a probability distribution that depends on the current network structure. At the same time, law enforcement agents attempt to dismantle the growing organization using pursuit strategies that initiate on the lower level nodes and that unfold as self-avoiding random walks. The global details of the organization are unknown to law enforcement, who must explore the hierarchy node by node. We halt the pursuit when certain local criteria of the network are uncovered, encoding if and when an arrest is made; the criminal network is assumed to be eradicated if the kingpin is arrested. We first analyze recruitment and study the large scale properties of the growing network; later we add pursuit and use numerical simulations to study the eradication probability in the case of three pursuit strategies, the time to first eradication, and related costs. Within the context of this model, we find that eradication becomes increasingly costly as the network increases in size and that the optimal way of arresting the kingpin is to intervene at the early stages of network formation. We discuss our results in the context of dark network disruption and their implications on possible law enforcement strategies.

  16. A Heuristic Model of Criminology and Criminal Justice.

    Zalman, Marvin

    The differences between criminology and criminal justice are assessed by comparing them to a more abstract typology. This typology is comprised of four basic elements: the focal concerns of the fields; career patterns of professionals; the extent to which the fields are theoretically based and are disciplines, sciences, and professions; and the…

  17. Criminality among Rural Stimulant Users in the United States

    Oser, Carrie; Leukefeld, Carl; Staton-Tindall, Michele; Duvall, Jamieson; Garrity, Thomas; Stoops, William; Falck, Russel; Wang, Jichuan; Carlson, Robert; Sexton, Rocky; Wright, Patricia; Booth, Brenda

    2011-01-01

    Despite the increase in media attention on "meth cooking" in rural areas of the United States, little is known about rural stimulant use--particularly, the criminality associated with stimulant use. Data were collected from community stimulant users in rural Ohio, Arkansas, and Kentucky (N = 709). Findings from three logistic regression…

  18. Estimation Issues and Generational Changes in Modeling Criminal Career Length

    Francis, Brian; Soothill, Keith; Piquero, Alex R.

    2007-01-01

    This article seeks to model criminal career length using data from six different birth cohorts born between 1953 and 1978, totaling more than 58,000 males and females from England and Wales. A secondary aim of this article is to consider whether information available at the first court appearance leading to a conviction is associated with the…

  19. States' criminal jurisdiction under International Law: fostering a ...

    Over the past few years, the extent to which international law allows States to exercise their jurisdiction in criminal matters has been a subject of diplomatic tensions between States. The purpose of this paper is to shed some light, on the question as to what extent a State, powerful or weak, has a right under international law ...

  20. 41 CFR 105-74.625 - Criminal drug statute.

    2010-07-01

    ... 41 Public Contracts and Property Management 3 2010-07-01 2010-07-01 false Criminal drug statute. 105-74.625 Section 105-74.625 Public Contracts and Property Management Federal Property Management... Administration 74-GOVERNMENTWIDE REQUIREMENTS FOR DRUG-FREE WORKPLACE (FINANCIAL ASSISTANCE) Definitions § 105-74...

  1. Figures of criminal offences that are committed through mass media

    Mirvete Uka

    2016-03-01

    Full Text Available The rapid development of information technology created endless possibilities for the information and communication between people in the world. This made possible that within few seconds information could be elaborated. In the meantime that freedom of speech and opinion are protected with all international conventions and laws, this freedom and together with it also the possibilities and actual standards endanger to put in service of the persons which in one form or another, damage the general interest. The study seeks to explain cases, forms and methods of how the presence in media can be misused. Based in the Criminal Code of Republic of Kosovo there are the range of criminal offenses which can be committed through mass communication in general and sometimes also through more serious media, written or electronic. The major number of them has to do with such acts that help terrorism, encourage race and religious hatred and in different forms, the use of children for pornography, risking in this manner the greater values of humanism anywhere in the world. The fact of abolition of special dispositions for criminal offenses that are committed through media does not mean that the danger from committing these acts does not exist. It is based in the fact that criminal responsibility lays directly on the crime committer and not on the director or publisher of certain media, in the meantime the last ones should be careful not to be in the service of crime instigators by giving space to publication.

  2. Withdrawal from the International Criminal Court: Does Africa have ...

    After a century in the making, the International Criminal Court (ICC) came into existence in 2002 with an overwhelming number of states ratifying the Rome Statute. With 34 signatories, Africa is the largest contributor in the Assembly of State Parties, yet Africa has become its severest critic. As threats of withdrawal become a ...

  3. Urban slums and youth criminality in Calabar Municipality of Cross ...

    In the diagnosis of contemporary threat to state stability, urbanization is inevitably included among the litany of emerging challenges. This study sets out to examine the relationship between urban slums and youth criminality in Calabar urban area of Cross River State, Nigeria. To achieve this objective, 400 respondents ...

  4. Problem Gambling Associated with Violent and Criminal Behaviour

    Laursen, Bjarne; Plauborg, Rikke; Ekholm, Ola

    2016-01-01

    This study compares the number of criminal charges among problem gamblers (N = 384) and non-problem gamblers including non-gamblers (N = 18,241) and examines whether problem gambling is more strongly associated with income-generating crimes like theft, fraud and forgery than other types of crimes...

  5. Language: Critical Components in Readers with Criminal Referral History

    Platt, Derrick E.

    2009-01-01

    Low levels of reading performance are associated with delinquency. However, few studies have investigated the relationship between early involvement in the justice system and reading problems. This study examined the relationship between youth at various early stages of involvement with criminal behaviors and reading abilities (specifically,…

  6. Criminal social identity and suicide ideation among Pakistani young prisoners.

    Shagufta, Sonia; Boduszek, Daniel; Dhingra, Katie; Kola-Palmer, Derrol

    2015-01-01

    Suicidal behaviour is a common in prisoners, yet little is known about the factors that may protect against thoughts of ending one's life. The purpose of this paper is to specify and test a structural model to examine the relationship between three criminal social identity (CSI) dimensions (in-group affect, in-group ties, and cognitive centrality) and suicide ideation while controlling for period of confinement, age, criminal friends, and offense type (violent vs non-violent). Participants were 415 male juvenile offenders incarcerated in prisons in Khyber Pakhtunkhwa Pakistan. A structural model was specified and tested using Mplus to examine the relationships between the three factors of CSI and suicidal thoughts, while controlling for age, offender type, period of confinement, and substance dependence. The model provided an adequate fit for the data, explaining 22 per cent of variance in suicidal thoughts. In-group affect (the level of personal bonding with other criminals) was found to exert a strong protective effect against suicide ideation. The research contributes important information on suicide ideation in Pakistan, an Islamic country in which suicide is considered a sin and subsequently a criminal offence. Results indicate that Juvenile offenders' sense of shared identity may help to prevent the development of thoughts of death by suicide. Consequently, separating and isolating young prisoners may be ill advised.

  7. Developing Scots criminal law: a shift in responsibility?

    Chalmers, James

    2017-01-01

    Notes that the Scottish courts have made few significant changes to the criminal law system in recent years while the Scottish Parliament has been more active in this area. Comments on how this law reform has mainly been triggered by particular cases or controversies instead of being proactive.

  8. Predicting criminality from child maltreatment typologies and posttraumatic stress symptoms

    Elklit, Ask; Karstoft, Karen-Inge; Armour, Cherie

    2013-01-01

    The associations between childhood abuse and subsequent criminality and posttraumatic stress disorder (PTSD) are well known. However, a major limitation of research related to childhood abuse and its effects is the focus on one particular type of abuse at the expense of others. Recent work has...

  9. Ageism and Gender among Social Work and Criminal Justice Students

    Kane, Michael N.

    2006-01-01

    Undergraduate social work and criminal justice students completed 1 of 4 vignettes that were identical with the exception of the age and gender of the vignette's subject. In each vignette, the subject interacted with an opposite-sex 24-year-old waiter or waitress. Following each vignette, respondents answered 20 items relating to the age, gender,…

  10. Rescinding Offers of Admissions When Prior Criminality is Revealed.

    Stokes, Jerome W. D.; Groves, Allen W.

    1996-01-01

    Several cases are examined in which students with criminal records, disclosed and undisclosed, were admitted to colleges and universities illustrate issues in college responsibility and liability, including duty of reasonable care in protecting other students and staff, application of standards of negligence in hiring to college admissions, risk…

  11. Criminal miles and phenomenological aspects of the criminalistics intelligence sources

    Manojlović Dragan

    2014-01-01

    Full Text Available The paper is based on research conducted by the author in the last decades of the twentieth century and the first decade of the third millennium, the modern scientific theory of crime investigation. The author's intention is to complete the huge gap that exists today in our scientific crime literature on the phenomenology of criminalistics intelligence sources. The presence of scientific and technical isolationist and conservative pragmatism in criminalistics theory in us, with whom I have never lied, accordingly, I have tried to work more fully convey the latest scientific views on foreign theory of criminology criminalistics intelligence sources as the primary tool for understanding, recognition and decoding of occurrence in the criminal milieu. From the above it is quite logical and scientific methodology established by first larly exposed to the general approach among law enforcement theory, the criminal underworld, and then access the research of criminalistics intelligence sources, through their determination to categorize the movement and management. From the results, the findings suggest that the traditional model definition, recruitment, management and installation source in a criminal milieu, which applies to us, abandoned for more than three decades of contemporary crime research and professional literature and practice in the world. Furthermore, the results indicate that it is of decisive importance to the understanding of criminalistics intelligence sources, methods of installation, movement models and management resources, to the criminal milieu could understand phenomena that are not visible, and carry with them the challenges, risks and threats. Not more contemporary understanding of the needs of society to counter the criminal activities of individuals or groups, it is enough to have informers or collaborators. Today, the world of crime must confront numerous, well-organized and professional criminalistics intelligence

  12. Animal poisoning - veterinary-medical and criminal-legal aspects

    Aleksić Jelena

    2014-01-01

    Full Text Available Apart from approved or planned poisoning with agricultural purpose, an increase in the number of cases of intentional animal poisoning (primarily referring to cats and dogs has been detected in Serbia, and it is suspected that their number is significantly larger than the one shown by the official statistics data. Under the conditions prescribed by the Criminal Code of the Republic of Serbia, such activities may represent the crime of killing and torture of animals, but also the crime of causing a general danger. It would be impossible to conduct the procedure of discovering and proving these criminal offences and the responsibility of their perpetrators without findings and opinion of forensic veterinary-medicine experts. They play an important role when it comes to site inspection, crime scene processing, collecting the samples from the crime scene, processing of samples and autopsy and exhumation of a potentially poisoned animal body. Just like other evidence in criminal procedure, findings and opinion of experts of veterinary medicine are estimated in accordance with the principle of free assessment of evidence. However, due to the specificity of such cases of killing and torture of animals, their impact on court’s decision on the existence of criminal offence and perpetrator’s liability is crucial. In this paper, the authors discuss the scope of animal poisoning in Serbia, particularly in Belgrade, analyze possible criminal - legal consequences of these illegal activities and point out to a significant role that experts of veterinary medical profession have in discovering and proving such cases and the liability of their perpetrators.

  13. The Protection of Human Rights through Criminal Justice: the Right to Effective Criminal Investigations in Europe. An Integrate Analysis between the ECHR and EU Law

    Mirandola, Sofia

    2017-01-01

    The subject matter of this research are the States’ obligations under the European Convention on Human Rights (the ECHR) to protect human rights through criminal law, with a focus on the procedural limb of such protection, namely the States’ duty to carry out effective criminal investigations into the most serious human rights offences. Furthermore, this study adopts also an integrated approach and discusses the interplay between the duty to conduct effective criminal investigations under the...

  14. THE SUSPENSION OF CRIMINAL INVESTIGATION IN THE EVENT OF INCIDENCE OF A TEMPORARY LEGAL IMPEDIMENT

    Nadia Claudia CANTEMIR – STOICA

    2018-05-01

    Full Text Available The criminal investigation is the first stage of the criminal proceeding, necessary to be carried out under legality, so as to collect the necessary evidence to find the truth in order to prosecute or not to prosecute a person subject to the criminal investigation. Sometimes, depending on the quality at the time the criminal offense was committed or on the occasion of the investigations, it is not possible to order the criminal proceedings to be initiated, given that there is a temporary legal impediment. The present study aims to bring to the debate the theoretical and practical elements regarding the institution of temporary legal impediment

  15. The Fundamental Concept of Crime in International Criminal Law: A Comparative Law Analysis

    Marchuk, Iryna

    This book examines the rapid development of the fundamental concept of a crime in international criminal law from a comparative law perspective in light of the catalyzing impact of the criminal law theory developed in major world legal systems on the crystallization of the substantive part...... of international criminal law. This study offers a critical overview of international and domestic jurisprudence in regards to the construal of the concept of a crime (actus reus, mens rea, defences, modes of liability) and exposes roots of confusion in international criminal law through a comprehensive...... comparative analysis of substantive criminal laws in selected legal jurisdictions....

  16. Framing in criminal investigation: How police officers (re)construct a crime.

    Salet, Renze

    2017-06-01

    Failures in criminal investigation may lead to wrongful convictions. Insight in the criminal investigation process is needed to understand how these investigative failures may rise and how measures can contribute to the prevention of this kind of failures. Some of the main findings of an empirical study of the criminal investigation process in four cases of major investigations are presented here. This criminal investigation process is analyzed as a process of framing, using Goffman's framing (Goffman, 1975) and interaction theories (Goffman, 1990). It shows that in addition to framing, other substantive and social factors affect the criminal investigation.

  17. Modern Interpretations of the Theory of Criminal Misdemeanor in Administrative Law of Russia

    Anatolii V. Kirin

    2017-12-01

    Full Text Available The article examines in historical retrospect the experience and tendencies of parallel development of criminal and administrative responsibility in domestic jurisprudence and legislation from the 19th century to the present day. The Authors criticize the attempts to return administrative offenses to a three-tier system of criminal delicts on the basis of the concept of the Criminal Code of 1903. It is condemned not so much as an attempt to “reanimate” criminal misdemeanor by representatives of criminal law science, but similar attacks on the independent species status of administrative responsibility on the part of individual colleagues-administrativists

  18. The relation between emotional intelligence and criminal behavior: A study among convicted criminals

    Neelu Sharma

    2015-01-01

    Full Text Available Background: Lack of emotional intelligence (EI may lead to maladjustment and inability to achieve desired goals. A relationship between low levels of EI and crime has been proposed. Aim: The aim was to assess the relationship between EI and criminal behavior. Materials and Methods: Study sample consisted of 202 subjects, in whom 101 subjects were convicted offenders, and 101 were matched normal controls. Offender group comprised of individuals convicted for different crimes such as murder, rape, and robbery, selected from Birsa Munda Central Jail, Hotwar, Ranchi, Jharkhand, India based on purposive sampling. Sample of the normal control group was taken from Ranchi and nearby areas. All subjects gave informed consent for participating in the study. Both the groups were matched on age, gender, education, occupation, and marital status. All participants were assessed on General Health Questionnaire-12 and Mangal Emotional Intelligence Inventory (MEII. The results were analyzed using statistical package SPSS-version 20. Results: The group of convicted offenders obtained significantly lower scores on all the domains of MEII such as intrapersonal awareness (own emotions, interpersonal awareness (others emotions, intrapersonal management (own emotions and interpersonal management (others emotions, and aggregate emotional quotient in comparison to their normal counterparts. Conclusion: The convicted offenders group had significantly lower EI compared to normal subjects. Starting EI enhancement program in prison can help the inmates better understand their feelings and emotions.

  19. Juridical-Criminal Paternalism, Autonomy and Vulnerability: Legitimation Criteria of Paternalistic Interventions on Individual Autonomy in Criminal Matters

    Heráclito Mota Barreto Neto

    2015-12-01

    Full Text Available The following paper has as objective questioning the legitimacy of state's paternalistic interventions on individual autonomy by using institutional-criminal instruments. In this path, the paper aims to understand in which cases the State is allowed to interfere in private individual lives under the justification of being promoting a well or avoiding a harm and, as well, in which cases such interference is abusive of individuals self-determination. Into this analysis, the work will study the current concepts of paternalism, the theoretical classifications on paternalistic interventions which will be useful to demonstrate admissible and inadmissible species of paternalism and Joel Feinberg and Gerald Dworkin's anti- paternalistic theories. Following, this subject will be analyzed in association with the implications of juridical-criminal goods involved in conflicts between autonomy, human vulnerabilities and paternalism, specially regarding to the (unavailability of those goods. In the end, the work intends to define legitimation criteria for paternalistic interventions inserted in criminal laws, which superimpose themselves on the individual autonomy, in order to harmonize constitutional values of respect for autonomy, protection of vulnerable individuals and the Criminal Law functions of exclusive protection of juridical goods.

  20. Doctor as criminal: reporting of patient deaths to the police and criminal prosecution of healthcare providers in Japan

    2010-01-01

    Background In Japan, medical error leading to patient death is often handled through the criminal rather than civil justice system. However, the number of cases handled through the criminal system and how this has changed in recent years has not previously been described. Our aim was to determine the trend in reports of patient death to the police and the trend in the resulting prosecution of healthcare providers for medical error leading to patient death from 1998 to 2008. Methods We collected data regarding the number of police reports of patient death made by physicians, next-of-kin, and other sources between 1998 and 2008. We also collected data regarding the number of resulting criminal prosecutions of healthcare providers between 1998 and 2008. Reporting and prosecution trends were analyzed using annual linear regression models. Results Reports: The number physician reports of patient deaths to the police increased significantly during the study period (slope 18.68, R2 = 0.78, P deaths to the police by physicians increased significantly from 1998 to 2008 while those made by next-of-kin and others did not. The resulting criminal prosecutions of healthcare providers increased significantly during the same time period. The reasons for these increases are unclear and should be the focus of future research. PMID:20187954