Recent Cybercrimes In Fiji

Directory of Open Access Journals (Sweden)

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.

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

OpenAIRE

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...

Cybercrime

NARCIS (Netherlands)

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

Understanding Cybercrime: A Phenomenological Study

Science.gov (United States)

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…

Big Five Personality Traits of Cybercrime Victims.

Science.gov (United States)

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.

Cybercrimes: A Proposed Taxonomy and Challenges

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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.

Cyber-crime Science = Crime Science + Information Security

NARCIS (Netherlands)

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,

Terrorism and Cybercrime

National Research Council Canada - National Science Library

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...

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

Science.gov (United States)

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…

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

Science.gov (United States)

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.

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

African Journals Online (AJOL)

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, ...

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

Science.gov (United States)

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.

Process Control Security in the Cybercrime Information Exchange NICC

NARCIS (Netherlands)

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

Ethiopia's New Cybercrime Legislation

African Journals Online (AJOL)

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.

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

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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.

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

NARCIS (Netherlands)

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.

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

OpenAIRE

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.

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

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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.

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

OpenAIRE

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...

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

NARCIS (Netherlands)

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

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

OpenAIRE

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 ...

Process Control Security in the Cybercrime Information Exchange NICC

OpenAIRE

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...

Understanding cybercrime perpetrators and the strategies they employ in Nigeria.

Science.gov (United States)

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.

Megatrends and grand challenges of cybercrime and cyberterrorism policy and research

NARCIS (Netherlands)

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

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

Directory of Open Access Journals (Sweden)

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.

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

NARCIS (Netherlands)

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

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

OpenAIRE

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...

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

Science.gov (United States)

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…

Criminal groups and criminal subculture

OpenAIRE

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...

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

OpenAIRE

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.

CyberWar, CyberTerror, CyberCrime

CERN Document Server

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.

The work about the cybercrime and computer forensics course

Directory of Open Access Journals (Sweden)

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.

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

NARCIS (Netherlands)

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

Tinjauan Yuridis Terhadap Cybercrime di Indonesia

OpenAIRE

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

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

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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

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

Science.gov (United States)

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.

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

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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.

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

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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.

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

NARCIS (Netherlands)

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

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

OpenAIRE

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 ...

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

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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.

The Consent of the Victim as Legal Defence in Cybercrime cases

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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.

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

NARCIS (Netherlands)

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

Internet Governance amp Cyber Crimes In UAE

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Ayesha Al Neyadi

2015-08-01

Full Text Available Abstract Most people in UAE dont feel safe while they are use the Internet because most internet users have been a victim for cyber crime. Cyber crime threat rate has increased which has targeted on citizen privacy property and governments also the reputation problems. There are many criminal activities such as indecent acts Copyright issues Terrorist Acts State security and Contempt of religion. Cyber crimes due to several reasons such as they have lack of social intelligence they are being greedy and not being content also some of them have financial troubles these reasons usually exploited by criminals. Thus the decree will be a punishment or criminalizes formally on any person who using any kind of information technology and any others private life to blackmail or to threaten others online. In addition at the present time with the most detailed new cybercrime law that can be used to prove found guilty. As well the author discusses that the new cyber-crime law provides protection of personal information including banking information credit cards and electronic payment information.

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

Directory of Open Access Journals (Sweden)

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.

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

African Journals Online (AJOL)

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 ...

EU Criminal Law and the Regulation of Information and Communication Technology

Directory of Open Access Journals (Sweden)

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.

Victims of cybercrime in Europe : a review of victim surveys

NARCIS (Netherlands)

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

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

Science.gov (United States)

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…

Criminal Justice in America.

Science.gov (United States)

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.…

Formulating specialised legislation to address the growing spectre ...

African Journals Online (AJOL)

There appears to be no precise definition for cybercrime or 'computer crime'. Computer crime has been described as "any violation of criminal law that involves knowledge of computer technology by the perpetrator, investigator or prosecution". Cybercrime (online misdemeanour) has been defined as including any crime ...

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

Science.gov (United States)

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…

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

Directory of Open Access Journals (Sweden)

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.

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

African Journals Online (AJOL)

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 ...

Perlindungan Hukum Terhadap Nasabah Bank Pengguna Internet Banking Dari Ancaman Cybercrime

OpenAIRE

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 ...

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

OpenAIRE

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.

Predatory publishing and cybercrime targeting academics.

Science.gov (United States)

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.

On the Issue of the Concept "Coercive Criminality"

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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.

“Cybercrime”: Fenomena Kejahatan melalui Internet di Indonesia

Directory of Open Access Journals (Sweden)

Muhammad E. Fuady

2005-12-01

Full Text Available It had been long known that technology, as Janus, has two side of coins: the good side,and the bad side. Everybody knows the benefit of technology development. But there aren’t much who realize the negative potent of technology. Cybercrime discussed in this article is an example of how crime was developed sophisticatedly by using technological means. Cybercrime, simply defined as criminal acts using cyber and Internet, has faced a new challenge for lawmaker and law enforcement mission. In Indonesia, carding become serious issues to be combated. Another type of cybercrime frequently occur in Indonesia are hacking and deface. Although Internet user in Indonesia is estimated no more than 5% of total population (4.38 million persons, everybody must attended cybercrime issues seriously. The loss of cybercrime reached unspeakable heights and damaged public safety in communication and information flows.

Judicial Functions in the Criminal Trial

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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.

Murder in French criminal law

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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.

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

DEFF Research Database (Denmark)

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...

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

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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.

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

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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.

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

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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.

Exploring and analyzing Internet crimes and their behaviours

Directory of Open Access Journals (Sweden)

Bhavna Arora

2016-09-01

Full Text Available The world today is experiencing an exponential growth in cyberspace. Nevertheless, India too has witnessed a significant ascend in Internet activities and it is quite assertive to say that such phenomenal growth in access to information on one hand leads to empowered individuals and organization and on the other hand also poses new challenges to government and citizens. To make the cyber world safe is the need of the hour. Putting up deterrent measures against cybercrime is essential to national cyber security in protecting critical infrastructure of the nation as well as for individuals. In this regard, the prime objective of the government is to prevent cyber attacks and to protect the country's critical infrastructure. It also focuses on reducing vulnerability to cyber attacks so as to reduce and minimize damage and recovery time. To prevent the cyber crimes, individuals and governments need to clearly understand the crime schemes in the cyberspace and the contemporary and continuing Internet trends and behaviours of these criminals. This paper gives a brief outline of categories of cybercrimes. These crimes are categorized as crimes against individuals, property, organizations and governments. Various Internet crime scheme are evaluated and behaviour of criminals to perform the cybercrimes has been analyzed. A critical evaluation of report of cybercrime complaints under IT Act 2000 has been presented.

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

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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.

CyberCrime and Punishment.

Science.gov (United States)

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;…

“Cybercrime”: Fenomena Kejahatan melalui Internet di Indonesia

OpenAIRE

Muhammad E. Fuady

2005-01-01

It had been long known that technology, as Janus, has two side of coins: the good side,and the bad side. Everybody knows the benefit of technology development. But there aren’t much who realize the negative potent of technology. Cybercrime discussed in this article is an example of how crime was developed sophisticatedly by using technological means. Cybercrime, simply defined as criminal acts using cyber and Internet, has faced a new challenge for lawmaker and law enforcement mission. In Ind...

“Cybercrime”: Fenomena Kejahatan Melalui Internet Di Indonesia

OpenAIRE

Fuady, Muhammad E

2005-01-01

It had been long known that technology, as Janus, has two side of coins: the good side,and the bad side. Everybody knows the benefit of technology development. But there aren't much who realize the negative potent of technology. Cybercrime discussed in this article is an example of how crime was developed sophisticatedly by using technological means. Cybercrime, simply defined as criminal acts using cyber and Internet, has faced a new challenge for lawmaker and law enforcement mission. In Ind...

Methamphetamine use and criminal behavior.

Science.gov (United States)

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.

The definition of the sources of the criminal law

Directory of Open Access Journals (Sweden)

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.

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

Science.gov (United States)

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.

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

OpenAIRE

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, ...

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

Directory of Open Access Journals (Sweden)

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.

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

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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.

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

Science.gov (United States)

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…

Podcast: The Electronic Crimes Division

Science.gov (United States)

Sept 26, 2016. Chris Lukas, the Special Agent in Charge of the Electronic Crimes Division within the OIG's Office of Investigations talks about computer forensics, cybercrime in the EPA and his division's role in criminal investigations.

PENGIRIMAN E-MAIL SPAM SEBAGAI KEJAHATAN CYBER DI INDONESIA

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Eka Nugraha Putra

2018-01-01

Full Text Available The Internet is part of the development of technology, where the internet provides many impacts, both positive and negative. Currently, privacy issues on the internet have also become a complicated legal issue, this is due to quite a number of privacy-related issues, but not all countries in the world manage privacy issues on the internet. As a means of communicating the Internet has introduced e-mail that provides convenience and practicality. But in its development e-mail has an adverse impact on its users in the form of e-mail spam. In terms of its actions, sending spam e-mail is quite a disadvantage, even violate the privacy. Some countries have also set it to one type of cybercrime (cybercrime. This research will discuss e-mail spam in Indonesia, how the legislation in Indonesia see the action of this spam e-mail, is there any possibility of spam e-mail is criminalized as a cybercrime. The research will also look at how spam e-mails violate privacy and review and analyze internet privacy settings in Indonesia in relation to the criminalization of spam email.

Cyber threats to health information systems: A systematic review.

Science.gov (United States)

Luna, Raul; Rhine, Emily; Myhra, Matthew; Sullivan, Ross; Kruse, Clemens Scott

2016-01-01

Recent legislation empowering providers to embrace the electronic exchange of health information leaves the healthcare industry increasingly vulnerable to cybercrime. The objective of this systematic review is to identify the biggest threats to healthcare via cybercrime. The rationale behind this systematic review is to provide a framework for future research by identifying themes and trends of cybercrime in the healthcare industry. The authors conducted a systematic search through the CINAHL, Academic Search Complete, PubMed, and ScienceDirect databases to gather literature relative to cyber threats in healthcare. All authors reviewed the articles collected and excluded literature that did not focus on the objective. Researchers selected and examined 19 articles for common themes. The most prevalent cyber-criminal activity in healthcare is identity theft through data breach. Other concepts identified are internal threats, external threats, cyber-squatting, and cyberterrorism. The industry has now come to rely heavily on digital technologies, which increase risks such as denial of service and data breaches. Current healthcare cyber-security systems do not rival the capabilities of cyber criminals. Security of information is a costly resource and therefore many HCOs may hesitate to invest what is required to protect sensitive information.

Criminal Law

DEFF Research Database (Denmark)

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....

PROBLEM OF CRIMINAL REPRESSION, APPLIED OUTSIDE OF CRIMINAL LIABILITY

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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

Borderless Crime - Computer Fraud

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Raluca Georgiana POPA

2012-05-01

Full Text Available Starting from the consideration that fighting cybercrime is a continuous process, the more the types of old crimes are committed today through modern means (computer fraud at distances of thousands of kilometers, international cooperation is vital to combat this phenomenon.In EU countries, still under financial crisis "the phrase", cybercrime has found a "positive environment" taking advantage of poor security management systems of these countries.Factors that led criminal groups to switch "their activities" are related to so-called advantages of the "gains" obtained with relatively low risk.In Romania, more than any of the EU member states criminal activities set as target financial institutions or foreign citizens, weakening confidence in financial systems and the security of communication networks in our country, people's confidence in electronic payment instruments and those available on the Internet.

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

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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.

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

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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

An Outline of the New Norwegian Criminal Code

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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.

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

NARCIS (Netherlands)

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

DYNAMIC FEATURE SELECTION FOR WEB USER IDENTIFICATION ON LINGUISTIC AND STYLISTIC FEATURES OF ONLINE TEXTS

Directory of Open Access Journals (Sweden)

A. A. Vorobeva

2017-01-01

Full Text Available The paper deals with identification and authentication of web users participating in the Internet information processes (based on features of online texts.In digital forensics web user identification based on various linguistic features can be used to discover identity of individuals, criminals or terrorists using the Internet to commit cybercrimes. Internet could be used as a tool in different types of cybercrimes (fraud and identity theft, harassment and anonymous threats, terrorist or extremist statements, distribution of illegal content and information warfare. Linguistic identification of web users is a kind of biometric identification, it can be used to narrow down the suspects, identify a criminal and prosecute him. Feature set includes various linguistic and stylistic features extracted from online texts. We propose dynamic feature selection for each web user identification task. Selection is based on calculating Manhattan distance to k-nearest neighbors (Relief-f algorithm. This approach improves the identification accuracy and minimizes the number of features. Experiments were carried out on several datasets with different level of class imbalance. Experiment results showed that features relevance varies in different set of web users (probable authors of some text; features selection for each set of web users improves identification accuracy by 4% at the average that is approximately 1% higher than with the use of static set of features. The proposed approach is most effective for a small number of training samples (messages per user.

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

OpenAIRE

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...

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

Science.gov (United States)

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.

The Role of Hosting Providers in Web Security : Understanding and Improving Security Incentives and Performance via Analysis of Large-scale Incident Data

NARCIS (Netherlands)

Tajalizadehkhoob, S.

2018-01-01

In theory, hosting providers can play an important role in fighting cybercrime and misuse. This is because many online threats, be they high-profile or mundane, use online storage infrastructure maintained by hosting providers at the core of their criminal operations.
However, in practice, we

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

OpenAIRE

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...

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

Science.gov (United States)

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

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

Science.gov (United States)

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.

Original article Latent classes of criminal intent associated with criminal behaviour

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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.

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

Science.gov (United States)

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.

THREE MODELS OF NATIONAL CRIMINAL POLICY IN THE CONTEXT OF GLOBALIZATION

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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.

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

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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.

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

Science.gov (United States)

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…

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

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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.

Rethinking Conceptual Definitions of the Criminal Career and Serial Criminality.

Science.gov (United States)

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.

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

Science.gov (United States)

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).

The criminal law responsibility of officials under environmental criminal law

International Nuclear Information System (INIS)

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

CLASSIFICATION OF CRIMINAL GROUPS

OpenAIRE

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...

Quasi and real toughening of criminal liability for mediation of bribery

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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.

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

DEFF Research Database (Denmark)

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...

Framing in criminal investigation

Science.gov (United States)

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

KEDUDUKAN ALAT BUKTI DIGITAL DALAM PEMBUKTIAN CYBERCRIME DI PENGADILAN

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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.

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

International Nuclear Information System (INIS)

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.

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

Science.gov (United States)

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.

Criminal Justice Transitions

OpenAIRE

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...

Search of computers for discovery of electronic evidence

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Pisarić Milana M.

2015-01-01

Full Text Available In order to address the specific nature of criminal activities committed using computer networks and systems, the efforts of states to adapt or complement the existing criminal law with purposeful provisions is understandable. To create an appropriate legal framework for supressing cybercrime, except the rules of substantive criminal law predict certain behavior as criminal offenses against the confidentiality, integrity and availability of computer data, computer systems and networks, it is essential that the provisions of the criminal procedure law contain adequate powers of competent authorities for detecting sources of illegal activities, or the collection of data on the committed criminal offense and offender, which can be used as evidence in criminal proceedings, taking into account the specificities of cyber crime and the environment within which the illegal activity is undertaken. Accordingly, the provisions of the criminal procedural law should be designed to be able to overcome certain challenges in discovering and proving high technology crime, and the provisions governing search of computer for discovery of electronic evidence is of special importance.

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

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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

Copyright, Crime and Computers: New Legislative Frameworks for Intellectual Property Rights Enforcement

OpenAIRE

Urbas, Gregor

2012-01-01

This paper considers intellectual property rights (IPR) enforcement from the perspective of criminal law, and in particular, drawing on recent Australian legislative reforms concerning copyright, cybercrime, covert investigations, mutual assistance and extradition, prosecution and sentencing options, as well as proceeds of crime recovery. The complex interaction of these laws suggests that the field of IPR enforcement offers numerous investigative, prosecutorial and judicial options beyond ...

Criminal aspects of domestic violence

OpenAIRE

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...

Tourist criminality

OpenAIRE

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...

Dentistry and criminal law.

Science.gov (United States)

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.

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

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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.

Psycho-Sociological Review of Criminal Thinking Style

OpenAIRE

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...

Objective Truth Institution in Criminal Procedure

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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”

Constitutional collisions of criminal law

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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.

International Criminalization of International Terrorizm

Directory of Open Access Journals (Sweden)

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.

Psychology and criminal justice

OpenAIRE

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...

Criminal aspects domestic violence

OpenAIRE

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...

Criminal Law in Denmark

DEFF Research Database (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...

The Execution of Criminal Fine Penalty

Directory of Open Access Journals (Sweden)

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.

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

OpenAIRE

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.

Multisensor Fusion for Intrusion Detection and Situational Awareness

OpenAIRE

Hallstensen, Christoffer V

2017-01-01

Cybercrime damage costs the world several trillion dollars annually. And al-though technical solutions to protect organizations from hackers are being con-tinuously developed, criminals learn fast to circumvent them. The question is,therefore, how to create leverage to protect an organization by improving in-trusion detection and situational awareness? This thesis seeks to contribute tothe prior art in intrusion detection and situational awareness by using a multi-sensor data fusion...

CRIMINAL PROTECTION OF PRIVATE LIFE

Directory of Open Access Journals (Sweden)

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.

Addiction between therapy and criminalization.

Science.gov (United States)

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.

Defence counsel in international criminal law

NARCIS (Netherlands)

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

International Criminal Law: Over-studied and Underachieving?

OpenAIRE

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...

Victim-induced criminality.

Science.gov (United States)

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.

Understanding criminal behavior: Empathic impairment in criminal offenders.

Science.gov (United States)

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.

The International Criminal Court

DEFF Research Database (Denmark)

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....

Colour revolutions: criminal-legal aspect

Directory of Open Access Journals (Sweden)

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

The Relative Ineffectiveness of Criminal Network Disruption

Science.gov (United States)

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

Evaluation of cyber legislations: trading in the global cyber village

OpenAIRE

Jahankhani, Hamid

2007-01-01

The menace of organised crime and terrorist activity grows ever more sophisticated as the ability to enter, control and destroy our electronic and security systems grows at an equivalent rate. Cyber-crime (organised criminal acts using microchip and software manipulation) is the world's biggest growth industry and is now costing an estimated $220 billion loss to organisations and individuals, every year. There are serious threats to nations, governments, corporations and the most vulnerable g...

Evaluating Classifiers in Detecting 419 Scams in Bilingual Cybercriminal Communities

OpenAIRE

Mbaziira, Alex V.; Abozinadah, Ehab; Jones Jr, James H.

2015-01-01

Incidents of organized cybercrime are rising because of criminals are reaping high financial rewards while incurring low costs to commit crime. As the digital landscape broadens to accommodate more internet-enabled devices and technologies like social media, more cybercriminals who are not native English speakers are invading cyberspace to cash in on quick exploits. In this paper we evaluate the performance of three machine learning classifiers in detecting 419 scams in a bilingual Nigerian c...

Racial Profiling and Criminal Justice

DEFF Research Database (Denmark)

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....

International Criminal Law & Its Paradoxes

DEFF Research Database (Denmark)

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...

Drones in (Slovene) criminal investigation

OpenAIRE

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 ...

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

Directory of Open Access Journals (Sweden)

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.

Mentally disordered criminal offenders in the Swedish criminal system.

Science.gov (United States)

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.

Interpreter in Criminal Cases: Allrounders First!

Science.gov (United States)

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…

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

Directory of Open Access Journals (Sweden)

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.

The suspended sentence in French Criminal Law

Directory of Open Access Journals (Sweden)

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

The online romance scam: a serious cybercrime.

Science.gov (United States)

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.

Criminal thinking styles and emotional intelligence in Egyptian offenders.

Science.gov (United States)

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.

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

Directory of Open Access Journals (Sweden)

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

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

Directory of Open Access Journals (Sweden)

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.

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

Directory of Open Access Journals (Sweden)

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.

Criminal sanctions for legal enties: An instrument of crime control

Directory of Open Access Journals (Sweden)

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

21 CFR 1405.625 - Criminal drug statute.

Science.gov (United States)

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...

33 CFR 1.07-90 - Criminal penalties.

Science.gov (United States)

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...

Handedness, criminality, and sexual offending.

Science.gov (United States)

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.

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

Directory of Open Access Journals (Sweden)

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.

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

Directory of Open Access Journals (Sweden)

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

Administrative prejudgment in the Russian criminal law

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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

The suspended sentence in German criminal law

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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

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

African Journals Online (AJOL)

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.

Defendants' Rights in Criminal Trials.

Science.gov (United States)

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)

Drug Use and Criminal Behavior

Science.gov (United States)

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)

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

Science.gov (United States)

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

Expert Evidence and International Criminal Justice

DEFF Research Database (Denmark)

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...

Legal and Jurisprudential Bases of Marital Rape Criminalization

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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.

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

African Journals Online (AJOL)

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 ...

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

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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

Criminal Compliance

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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.

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

African Journals Online (AJOL)

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 ...

Criminal Trajectories of White-collar Offenders

NARCIS (Netherlands)

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

What Defines an International Criminal Court?

DEFF Research Database (Denmark)

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...

32 CFR 635.5 - Police Intelligence/Criminal Information.

Science.gov (United States)

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...

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

OpenAIRE

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...

Protecting Children Rights under International Criminal Justice

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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.

Euthanasia and criminal law

OpenAIRE

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 ...

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

Science.gov (United States)

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...

46 CFR 5.69 - Evidence of criminal liability.

Science.gov (United States)

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...

Pathological gambling and criminality.

Science.gov (United States)

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.

Criminal Liability for Human Abduction​

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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.

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

OpenAIRE

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...

33 CFR 401.205 - Civil and criminal penalties.

Science.gov (United States)

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...

The Productivity of Criminology and Criminal Justice Faculty.

Science.gov (United States)

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…

Criminal law aspects of assisted human reproduction in Serbia

Directory of Open Access Journals (Sweden)

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.

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

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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”.

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

Science.gov (United States)

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.

Criminal behavior in frontotemporal dementia and Alzheimer disease.

Science.gov (United States)

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

The Rise of the Autonomous Cyber Criminal

OpenAIRE

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.

30 CFR 208.14 - Civil and criminal penalties.

Science.gov (United States)

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...

Mens Rea Principle and Criminal Jurisprudence in Nigeria ...

African Journals Online (AJOL)

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 ...

Criminal Justice History

Directory of Open Access Journals (Sweden)

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.

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

Directory of Open Access Journals (Sweden)

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.

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

Science.gov (United States)

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.

Criminal Network Investigation: Processes, Tools, and Techniques

DEFF Research Database (Denmark)

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...

Complicity in International Criminal Law

DEFF Research Database (Denmark)

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....

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

Directory of Open Access Journals (Sweden)

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.

Motive Criminal Procedure Evidence

Directory of Open Access Journals (Sweden)

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.

Discovering Cartels: Dynamic Interrelationships between Civil and Criminal Antitrust Investigations

OpenAIRE

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...

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

Science.gov (United States)

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.

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

Directory of Open Access Journals (Sweden)

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?

The mirror has two faces: dissociative identity disorder and the defence of pathological criminal incapacity--a South African criminal law perspective.

Science.gov (United States)

Stevens, Philip

2013-03-01

Dissociative identity disorder poses numerous medico legal issues whenever the insanity defence emerges. Within the context of the South African criminal law, the impact of dissociative identity disorder on criminal responsibility has only been addressed very briefly in one decided case. Various questions arise as to the impact that the distinctive diagnostic features of dissociative identity disorder could possibly have on the defence of pathological criminal incapacity, or better known as the insanity defence, within the ambit of the South African criminal law. In this contribution the author reflects on the mental disorder known as dissociative identity disorder or multiple personality disorder, against the backdrop of the defence of pathological criminal incapacity. Reflections are also provided pertaining to the various medico legal issues at stake whenever this defence has to be adjudicated upon.

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

Directory of Open Access Journals (Sweden)

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.

Issues of remedial development of forms in criminal proceedings

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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.

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

OpenAIRE

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 ...

Criminal proceedings involving children in conflict with the law

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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.

Self-conscious emotions and criminal offending.

Science.gov (United States)

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.

The European Union and National Criminal Law

DEFF Research Database (Denmark)

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...

Intelligence as evidence in criminal proceedings

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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.

A Framework for visualization of criminal networks

DEFF Research Database (Denmark)

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...

Violent and criminal manifestations in dementia patients.

Science.gov (United States)

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.

Civil & Criminal Penalties

Data.gov (United States)

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...

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

African Journals Online (AJOL)

... 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 ...

THEORETICAL AND JUDICIAL PRACTICE REFLECTIONS REGARDING THE OFFENCE OF PUTTING INTO CIRCULATION OR DRIVING AN UNREGISTERED/UNLISTED VEHICLE (ART. 334. CRIMINAL LAW

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Alin Sorin NICOLESCU

2017-05-01

Full Text Available With the entry into force of the New Criminal Code, the offenses of road safety on public roads have been repealed from the Government Emergency Ordinance no. 95/2002 and inserted into the contents of the normative document. At the time of the transition, the legislator has chosen to amend certain aspects relating to the existing criminal incriminations of antisocial deeds in direct connection with the road domain. The regulation of the offense for putting into circulation or driving an unlisted vehicle contained in the provisions of article 334 of the New Criminal Code has a correspondent in Article 85 of the GEO no. 195/2002 on the circulation on public roads. The deeds incriminated by the provisions referred to in Article 334 par. (1, (2, (3 and (4 have the content almost identical with the previous settlement thereof, with differences under the aspect of the sanctioning regime. Also, regarding the content, the only difference which is meant to better clarify the incrimination conditions refers to the requirement that the vehicle or the tram not to be registered or recorded according to the law. During the study, we shall try to present a series of theoretical aspects and judicial practice regarding the committing of such crimes.

The Criminal justice system in Northern Ireland

OpenAIRE

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...

Civilisation of Criminal Justice: Restorative Justice amongst other strategies

NARCIS (Netherlands)

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

Criminal aspect of injuries in sports

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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.

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

OpenAIRE

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...

Employers liability to the international criminal court

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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.

28 CFR 3.2 - Assistant Attorney General, Criminal Division.

Science.gov (United States)

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...

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

OpenAIRE

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...

An inappropriate tool: criminal law and HIV in Asia.

Science.gov (United States)

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.

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

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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.

Historicizing “Korean Criminality”: Colonial Criminality in Twentieth Century Japan

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Joel Matthews

2017-02-01

Full Text Available In the context of Japanese colonialism, this article examines the discourse of colonial criminality that came to epistemologically position the Korean colonial subject as criminal and therefore necessitating domination, surveillance and punishment. The discourse of colonial criminality stemmed from Japan's late nineteenth century epistemological commitment to imperialism and concomitant knowledge of law and the legality of colonial subjects. Through an analysis that historicizes the “criminal Korean” (futei senjin epithet in the prewar and the emergence of yami as a signifier of Korean economic criminality throughout the 1940s, this article illustrates how the racialization of Koreans in Japan was both framed in terms of crime and subversion, and how that criminality functioned as a justification for postcolonial legalized exclusion and discrimination.

Profiling, Screening and Criminal Recruitment

OpenAIRE

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...

REHABILITATING CRIMINAL SELVES: Gendered Strategies in Community Corrections.

Science.gov (United States)

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.

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

Science.gov (United States)

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.

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

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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.

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

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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.

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

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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.

Formulation of Policy for Cyber Crime in Criminal Law Revision Concept of Bill Book of Criminal Law (A New Penal Code)

Science.gov (United States)

Soponyono, Eko; Deva Bernadhi, Brav

2017-04-01

Development of national legal systems is aimed to establish the public welfare and the protection of the public. Many attempts has been carried out to renew material criminal law and those efforts results in the formulation of the concept of the draft Law Book of the Law of Criminal Law in the form of concept criminal code draft. The basic ideas in drafting rules and regulation based on the values inside the idology of Pancasila are balance among various norm and rules in society. The design concept of the New Criminal Code Act is anticipatory and proactive to formulate provisions on Crime in Cyberspace and Crime on Information and Electronic Transactions. Several issues compiled in this paper are whether the policy in formulation of cyber crime is embodied in the provisions of the current legislation and what the policies formulation of cyber crime is in the concept of the bill book of law - criminal law recently?.

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

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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.

Childhood and Adolescent Predictors of Late Onset Criminal Careers

Science.gov (United States)

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…

Criminal Aspects of Artificial Abortion

OpenAIRE

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 ...

Principle Mediation of Domestic Violence as Criminal Act

OpenAIRE

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...

International Criminal Law: Over-studied and Underachieving?

NARCIS (Netherlands)

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

Neurologic disorder and criminal responsibility.

Science.gov (United States)

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.

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

African Journals Online (AJOL)

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 ...

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

Science.gov (United States)

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.

Mapping Criminal Governance in African Cities | IDRC ...

International Development Research Centre (IDRC) Digital Library (Canada)

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.

Neurotechnological Behavioural Treatment of Criminal Offenders

DEFF Research Database (Denmark)

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....

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

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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.

Transfer of Procedure in Criminal Matters in Romanian Legislation

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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.

Juridical-Criminal Paternalism, Autonomy and Vulnerability: Legitimation Criteria of Paternalistic Interventions on Individual Autonomy in Criminal Matters

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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.

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

Science.gov (United States)

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).

Conflicts of Jurisdiction in Criminal Proceedings

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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.

[Personality disorders, violence and criminal behaviour].

Science.gov (United States)

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.

Criminal-legal prohibitions in the soviet juridical discourse

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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.

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

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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.

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

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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.

Increased Executive Functioning, Attention, and Cortical Thickness in White-Collar Criminals

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Raine, Adrian; Laufer, William S.; Yang, Yaling; Narr, Katherine L.; Thompson, Paul; Toga, Arthur W.

2011-01-01

Very little is known on white collar crime and how it differs to other forms of offending. This study tests the hypothesis that white collar criminals have better executive functioning, enhanced information processing, and structural brain superiorities compared to offender controls. Using a case-control design, executive functioning, orienting, and cortical thickness was assessed in 21 white collar criminals matched with 21 controls on age, gender, ethnicity, and general level of criminal offending. White collar criminals had significantly better executive functioning, increased electrodermal orienting, increased arousal, and increased cortical gray matter thickness in the ventromedial prefrontal cortex, inferior frontal gyrus, somatosensory cortex, and the temporal-parietal junction compared to controls. Results, while initial, constitute the first findings on neurobiological characteristics of white-collar criminals It is hypothesized that white collar criminals have information-processing and brain superiorities that give them an advantage in perpetrating criminal offenses in occupational settings. PMID:22002326

28 CFR 20.33 - Dissemination of criminal history record information.

Science.gov (United States)

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...

Comparison of criminal procedure and inspection

International Nuclear Information System (INIS)

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

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

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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.

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

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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.

25 CFR 11.902 - Non-criminal proceedings.

Science.gov (United States)

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...

Managing Criminal Investigations.

Science.gov (United States)

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…

General Principles of Transnationalised Criminal Justice?
Exploratory Reflections

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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

Enhance Criminal Investigation by Proposed Fingerprint Recognition System

International Nuclear Information System (INIS)

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

The Inextricable Link between Age and Criminal History in Sentencing

Science.gov (United States)

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.…

Diagnosis of antisocial personality disorder and criminal responsibility

NARCIS (Netherlands)

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

International Criminal Justice and the Politics of Compliance

NARCIS (Netherlands)

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

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

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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.

CRIMINAL PSYCHOLOGY IN SPAIN: PRESENT AND FUTURE

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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.

Cyber Forensics Ontology for Cyber Criminal Investigation

Science.gov (United States)

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.

The Evidentiary Value of DNA Fingerprint as Criminal Evidence

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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.

Framing in criminal investigation: How police officers (re)construct a crime.

Science.gov (United States)

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.

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

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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.

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

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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.

The right to a fair appeal in international criminal law

NARCIS (Netherlands)

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,

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

African Journals Online (AJOL)

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.

Criminal law and psychology: Connection points

OpenAIRE

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...

Reforming China’s Criminal Procedure Law

OpenAIRE

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...

Criminal law

International Nuclear Information System (INIS)

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

Warranties of Albanian criminal law for children protection from “pornography”

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Marilda Menkshi

2016-11-01

Full Text Available This paper will focus on the Analysis of current Albanian Criminal Law regarding criminal acts of pornography. This paper will analyze Albanian Criminal Law, under the perspective of the Convention on the Rights of the Child, to reflect the alignment of criminal law with Convention, as a minimum guarantee to be provided by the States. Another element of this paper is the approach of criminal law in the context of the defence of children from pornography with judicial practice. In this way the effectiveness of Criminal Law, on prevention and protection of society, family and especially children, from pornography will be identified. This paper considers the judicial practice in other European countries, but also from the United States and other countries on other continents, as a source of the definition of pornography and its application. This analysis is conducted through the prism of Criminological and criminal policy, to identify the current state of the Albanian legislation to protect minors from pornography, challenges and its prospects, both in legislative and practical terms.

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

Science.gov (United States)

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.

The overlap between offending trajectories, criminal violence, and intimate partner violence.

Science.gov (United States)

Piquero, Alex R; Theobald, Delphine; Farrington, David P

2014-03-01

This article investigates the overlap between offending trajectories, criminal violence, and intimate partner violence (IPV) and the factors associated with these behaviors. Knowledge on these questions is relevant to theory and policy. For the former, this article considers the extent to which specific theories are needed for understanding crime, criminal violence, and/or IPV, whereas for the latter, it may suggest specific offense- and offender-based policies. We use data from the Cambridge Study in Delinquent Development that traces the offending, criminal violence, and IPV of males to age 50. Findings show that there is significant overlap between criminal violence and IPV, high-rate offending trajectories have increased odds of criminal violence and IPV, and early childhood risk factors have no additional effect on criminal violence and IPV in adulthood over and above the offending trajectories.

The Influence of Beccaria in Modern Criminal Law

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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.

How to identify the person holding the highest position in the criminal hierarchy?

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Grigoryev D.A.

2014-12-01

Full Text Available The current version of the resolution of the RF Supreme Court Plenum of June 10, 2010 N 12, clarifying the provisions of the law on liability for crimes committed by a person holding the highest position in the criminal hierarchy (Part 4 of Article 210 of the RF Criminal Code, is criticized. Evaluative character of the considered aggravating circumstance doesn’t allow to develop clear criteria for identifying the leaders of the criminal environment. Basing on the theory provisions and court practice, the authors suggest three criteria. The first criterion is specific actions including: establishment and leadership of the criminal association (criminal organization; coordinating criminal acts; creating sustainable links between different organized groups acting independently; dividing spheres of criminal influence, sharing criminal income and other criminal activities, indicating person’s authority and leadership in a particular area or in a particular sphere of activity. The second is having money, valuables and other property obtained by criminal means, without the person’s direct participation in their acquisition; transferring money, valuables and other property to that person systematically, without legal grounds (unjust enrichment; spending that money, valuables and other property to carry out criminal activities (crimes themselves and conditions of their commission. The third is international criminal ties manifested in committing one of the crimes under Part 1 of Article 210 of the RF Criminal Code, if this crime is transnational in nature; ties with extremist and (or terrorist organizations, as well as corruption ties. The court may use one or several of these criteria.

Congress, NRC mull utility access to FBI criminal files

International Nuclear Information System (INIS)

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

Mental health services costs within the Alberta criminal justice system.

Science.gov (United States)

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.

Forgiveness in Criminal Law through Incorporating Restorative Mediation

NARCIS (Netherlands)

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

HIV criminal prosecutions and public health: an examination of the empirical research.

Science.gov (United States)

O'Byrne, Patrick; Bryan, Alyssa; Roy, Marie

2013-12-01

To review the extant literature on HIV criminal laws, and to determine the impact of these laws on public health practice. The available research on this topic was obtained and reviewed. The extant literature addressed three main topics: people's awareness of HIV criminal laws; people's perceptions of HIV criminal laws; and the potential effects of HIV criminal laws on people's sexual, HIV-status disclosure and healthcare-seeking practices. Within these categories, the literature demonstrated a high level of awareness of HIV criminal laws, but a poor comprehension of these laws. For perceptions, on the whole, the quantitative research identified support for, while the qualitative literature indicated opposition to, these laws. Lastly, the behavioural effects of HIV criminal laws appear to be complex and non-linear. A review of the extant literature from a public health perspective leads to the conclusion that HIV criminal laws undermine public health.

Sex Work Criminalization Is Barking Up the Wrong Tree.

Science.gov (United States)

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.

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

Science.gov (United States)

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...

Doctor as criminal: reporting of patient deaths to the police and criminal prosecution of healthcare providers in Japan

Science.gov (United States)

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

The Impact of Criminal Anthropology in Britain (1880-1918

Directory of Open Access Journals (Sweden)

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...

Criminal Conduct: A Cause for Discipline of Teachers.

Science.gov (United States)

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…

Childhood antecedents of incarceration and criminal justice involvement among homeless veterans.

Science.gov (United States)

Tsai, Jack; Rosenheck, Robert A

2013-10-01

Although criminal justice involvement and incarceration are common problems for homeless veterans, few studies have examined childhood risk factors for criminal justice involvement among veterans. This study examined the association between three types of childhood problems, family instability, conduct disorder behaviors, and childhood abuse, and criminal justice involvement and incarceration in adulthood. Data from 1,161 homeless veterans across 19 sites participating in the Housing and Urban Development-Veterans Affairs Supportive Housing program were examined. After controlling for sociodemographics and mental health diagnoses, veterans who reported more conduct disorder behaviors during childhood tended to report more criminal charges of all types, more convictions, and longer periods of incarceration during adulthood. However, the variance explained in criminal behavior by childhood was not large, suggesting that there are other factors that affect the trajectory by which homeless veterans become involved in the criminal justice system. Further research is needed to intervene in the pathway to the criminal justice system and guide efforts to prevent incarceration among veterans. Published 2013. This article is a U.S. Government work and is in the public domain in the USA.

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

Directory of Open Access Journals (Sweden)

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. .

IMPLEMENTATION BALANCING IDEA IN THE DEVELOPMENT OF CRIMINAL LAW IN INDONESIA

OpenAIRE

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...

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

Science.gov (United States)

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?

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

Science.gov (United States)

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...

Re-Imagining Punishment: An Exercise in “Intersectional Criminal Justice”

Directory of Open Access Journals (Sweden)

Maya Pagni Barak

2014-10-01

Full Text Available Over the last 40 years a number of scholars have called upon fellow criminologists to rethink the field’s priorities and methods, as well as the American criminal justice system and current punishment practices. Drawing on alternative criminologies, including constitutive and peacemaking criminologies, as well as the practice of reintegrative shaming, this paper presents a new model of criminal justice that combines aspects of adversarial, restorative, social, and transformative justice frameworks. The resulting “intersectional criminal justice” offers a holistic harm-reduction model that moves the focus of our criminal justice system away from “rough justice” and towards collective restorative healing and positive social change.

The Therapeutic Approach to a Patient's Criminal Offense in a Forensic Mental Health Nurse-Patient Relationship-The Nurses' Perspectives.

Science.gov (United States)

Askola, Riitta; Nikkonen, Merja; Putkonen, Hanna; Kylmä, Jari; Louheranta, Olavi

2017-07-01

The purpose of this study is to describe the therapeutic approach to a patient's criminal offense in a forensic mental health nurse-patient relationship from the nurse's perspective. Eight nurses in a Finnish forensic psychiatric hospital were interviewed, and the resultant research material was analyzed by inductive content analysis. The results revealed the process of the therapeutic approach to a patient's offense, which comprises numerous steps and various phases. For the nurse, the process of working through the offense can be divided into stages in which an attempt is made to respond to the patient's behavior and interaction in a manner that leads to working through the criminal act. © 2016 Wiley Periodicals, Inc.

Relationship between the criminal proceduer setting and the objectives of public prosecution

Directory of Open Access Journals (Sweden)

Artem O. Gryaznov

2014-01-01

Full Text Available Objective on the basis of the doctrine legislation and practice to make conclusions about the degree of efficiency of such participants in the criminal proceedings as the detective investigator Prosecutor judge and to analyze the observance and implementation of such important principles as adversary equality of the parties and presumption of innocence from the point of view of the thorough study of their practical application. Methods dialectical method analysis synthesis deduction and induction and specific scientific methods of scientific cognition. Results the actual position was determined of the subjects of criminal proceedings from the point of view of feasibility of basic principles of criminal proceedings not in legislative but in practical aspect. Scientific novelty Often the position of criminal proceeding subjects their authority role and status are analyzed from the point of view of legislative norms. It also true for criminal proceedings. In the article an attempt is made to analyze with the new position the relationship of the criminal process setting and the objectives of public prosecution in the modern period of development of criminal procedural science. Practical value the criminal proceedings is an essential element in the aspect of the citizensrsquo rights protection thus it is obvious that the position of the criminal proceedings participants should objective and transparent and the criminal proceedings principles should be implemented. The article shows the problems and proposes was of their solution which are of objective interest. The research results can be applied in practice and taken into account when making changes in the legislation.

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

Directory of Open Access Journals (Sweden)

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

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

Directory of Open Access Journals (Sweden)

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.

Sistema penal acusatorio en Veracruz/Adversarial criminal system in Veracruz

Directory of Open Access Journals (Sweden)

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.

42 CFR 38.8 - Criminal and civil penalties.

Science.gov (United States)

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...

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

Science.gov (United States)

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...

Comparison of criminal activity between Israeli veterans with and without PTSD.

Science.gov (United States)

Sherman, Shany; Fostick, Leah; Zohar, Joseph

2014-02-01

The literature, based on US Vietnam veterans, suggests that posttraumatic stress disorder (PTSD) is associated with increased criminal activity, especially violence, alcohol, and drug abuse, although more recent studies, which tested data from the United States as well as the United Kingdom, suggest a more moderate effect for this relationship. The current study examines Israeli veterans, who differ socioeconomically and have lower rates of substance abuse than veterans in previous studies. In this study, the social security numbers of 2,235 male veterans with PTSD and 2,235 matched control male veterans without a PTSD diagnosis were checked for criminal records in the Israeli Police criminal records database. Severity measures were also obtained for 273 veterans who are currently treated for PTSD by the Ministry of Defense. PTSD diagnosed veterans, as compared to controls, were slightly more likely to have criminal records (43%, n = 957/2235 versus 36%, n = 803/2235, Chi- square = 22.23, P legal authority." No difference was found in drugs or any other categories. In addition, criminal activity was not related to symptoms severity. More veterans with PTSD had their first criminal record after the traumatic event. Contrary to previous findings, in this large national cohort, only slight association was found between PTSD and criminal activity. The unique sample of Israeli veterans might account for this difference and suggest that PTSD per se might not be linked to increased criminal activity, violence, or substance abuse. © 2013 Wiley Periodicals, Inc.

The Risk Factors for Criminal Behaviour in High-Functioning Autism Spectrum Disorders (HFASDs): A Comparison of Childhood Adversities between Individuals with HFASDs Who Exhibit Criminal Behaviour and Those with HFASD and No Criminal Histories

Science.gov (United States)

Kawakami, Chihiro; Ohnishi, Masafumi; Sugiyama, Toshiro; Someki, Fumio; Nakamura, Kazuhiko; Tsujii, Masatsugu

2012-01-01

Most reports of the criminal behaviour of individuals with high-functioning autism spectrum disorder (HFASD) have been case studies, and few have empirically examined the risk factors of criminal behaviour among these individuals. This study examined 175 individuals with HFASD, including 36 individuals who had a prior history of criminal…

Psychopathological features in a sample of substance-abusing individuals with criminal history: Towards a definition of a personality prototype of an 'Addict with Criminal Conduct'.

Science.gov (United States)

Gori, Alessio; Ponti, Lucia; Tani, Franca; Iraci Sareri, Giuseppe; Giannini, Marco; Meringolo, Patrizia; Craparo, Giuseppe; Bruschi, Angelo; Caretti, Vincenzo; Cacioppo, Marco; Paterniti, Rolando; Schuldberg, David

2017-10-01

The relationship between substance use disorders and criminal activity is strong, and one that is not easily resolved in the criminal justice system. A better understanding of personality traits among substance misusers who commit offences could support better treatment efforts. The aim of this study is to explore associations between the psychopathology of people addicted to substances who have also committed crimes. We recruited 263 substance-dependent individuals (80% male, 20% female) from a cohort of people attending regional community services in Italy. They all completed an extensive evaluation of their current mental health and personality traits. Their official criminal records were obtained, and the psychopathology of those who had a criminal record compared with those who did not. The criminal group was more likely to perceive the external world as hostile and to consider others as responsible for their own problems and difficulties; in addition, substance-dependent individuals with criminal records showed more personality traits within the psychopathy range and fewer in the dependent personality range than the substance abusers who had never committed crimes. These findings allow us to hypothesise that substance abusers who also have criminal convictions may have a specific personality profile. If further research were to confirm this, then it could have important implications for identifying people for particular treatment pathways and developing more effective treatments. Copyright © 2016 John Wiley & Sons, Ltd. Copyright © 2016 John Wiley & Sons, Ltd.

Envisioning the Next Generation of Behavioral Health and Criminal Justice Interventions

Science.gov (United States)

Epperson, Matthew W.; Wolff, Nancy; Morgan, Robert D.; Fisher, William H.; Frueh, B. Christopher; Huening, Jessica

2014-01-01

The purpose of this paper is to cast a vision for the next generation of behavioral health and criminal justice interventions for persons with serious mental illnesses in the criminal justice system. The limitations of first generation interventions, including their primary focus on mental health treatment connection, are discussed. A person-place framework for understanding the complex factors that contribute to criminal justice involvement for this population is presented. We discuss practice and research recommendations for building more effective interventions to address both criminal justice and mental health outcomes. PMID:24666731

International criminal justice: a pillar for the international rule of law

Directory of Open Access Journals (Sweden)

Gonzalo Aguilar Cavallo

2012-12-01

Full Text Available The international criminal justice has experienced a rapid change over the past years. This circumstance has underscored the need for interaction and complementation between international and domestic law. Some authors consider that the international criminal justice, and the activities of its tribunals, jeopardize the legality of international law. Our vision is that international criminal justice is a central pillar of the rule of law, at the national and the international levels. Far from undermining the legality of international law, international criminal justice paves the way towards a true international public order.

76 FR 44757 - Blocking Property of Transnational Criminal Organizations

Science.gov (United States)

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...

Criminal Policy Debate as an Active Learning Strategy

Science.gov (United States)

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…

Invited address: James Joyce, Alice in Wonderland, The Rolling Stones, and criminal careers.

Science.gov (United States)

Piquero, Alex R

2011-07-01

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 several 'facts' that have emerged from criminal career studies. This material segues into a discussion of theories based on criminal careers research as well as a related discussion of the emerging methods and trends in the area. The article closes with some observations about public policy with respect to criminal careers knowledge and identifies some neglected research needs. A key summary conclusion is that the processes associated with continuity and change are not mutually exclusive, but instead are important and complimentary aspects of criminal careers research.

An Examination of Criminal Behavior among the Homeless.

Science.gov (United States)

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…

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

African Journals Online (AJOL)

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 ...

Public attitudes toward legally coerced biological treatments of criminals.

Science.gov (United States)

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.

Reforming Scottish Criminal Procedure: In Search of Process Values

Directory of Open Access Journals (Sweden)

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.

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

OpenAIRE

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...

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

OpenAIRE

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...

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

OpenAIRE

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...

The relationship between types of childhood victimisation and young adulthood criminality.

Science.gov (United States)

Howell, Kathryn H; Cater, Åsa K; Miller-Graff, Laura E; Schwartz, Laura E; Graham-Bermann, Sandra A

2017-10-01

Previous research suggests that some types of childhood abuse and neglect are related to an increased likelihood of perpetrating criminal behaviour in adulthood. Little research, however, has examined associations between multiple different types of childhood victimisation and adult criminal behaviour. We sought to examine the contribution of multiple and diverse childhood victimisations on adult criminal behaviour. Our central hypothesis was that, after controlling for gender, substance use and psychopathy, each type of childhood victimisation - specifically experience of property offences, physical violence, verbal abuse, sexual abuse, neglect and witnessed violence - would be positively and independently related to criminal behaviour in young adults. We examined data from a large, nationally representative sample of 2244 young Swedish adults who reported at least one form of victimisation, using hierarchical regression analysis to also account for gender, substance use and psychopathy. Experiences of physical assaults, neglect and witnessing violence as a child were significantly associated with adult criminal behaviour, but not experiences of property, verbal or sexual victimizations. Our findings help to identify those forms of harm to children that are most likely to be associated with later criminality. Even after accounting for gender, substance misuse and psychopathology, childhood experience of violence - directly or as a witness - carries risk for adulthood criminal behaviour, so such children need targeted support and treatment. Copyright © 2016 John Wiley & Sons, Ltd. Copyright © 2016 John Wiley & Sons, Ltd.

Domestic violence and the criminal justice system: an overview.

Science.gov (United States)

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.

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

Science.gov (United States)

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...

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

OpenAIRE

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...

Forms of the criminal environment counteraction to performing the function of state protection of participants in criminal proceedings and measures of its neutralization

Directory of Open Access Journals (Sweden)

Dubonosov E.S.

2014-12-01

Full Text Available Criminal environment’s counteraction is considered as purposeful, active and intentional influence of its representatives on participants in criminal proceedings. It is directed at persons who, due to their professional duties, are involved in detection and investigation of crimes as well as court proceedings, or who possess evidentiary information (witnesses, victims, etc.. Counteraction may be expressed in different ways: discrediting operatives, investigators and judges; pressure on persons involved in the investigation and the trial through bribery, blackmail, threats to life and health of themselves and their family, etc. The administration of justice becomes inefficient due to the variety of forms and purposes of counteraction. The importance of operational units’ awareness of the activities of criminal environment representatives is shown. The importance of revealing the facts of unlawful influence on witnesses and victims of crime, who subsequently acquire procedural status of witnesses and victims, in order to prevent such facts is also stressed. It is proposed to suppress the counteraction of criminal environment by following ways: 1 identifying (with the help of informants and by crime detection actions the persons attempting to influence the preliminary investigation; 2 documenting the suspects actions aimed at illegal influence on participants in criminal proceedings for the purpose of conducting the procedural actions and decision making; 3 “in cell” (using an agent crime detection actions against detainees and arrestees throughout the whole process of covert operation; 4 creating investigative team to develop a common mechanism to neutralize criminal environment’s counteraction to crime investigation.

Neurofeedback Training for Psychiatric Disorders Associated with Criminal Offending: A Review

OpenAIRE

Sandra Fielenbach; Sandra Fielenbach; Franc C. L. Donkers; Marinus Spreen; Harmke A. Visser; Stefan Bogaerts; Stefan Bogaerts

2018-01-01

BackgroundEffective treatment interventions for criminal offenders are necessary to reduce risk of criminal recidivism. Evidence about deviant electroencephalographic (EEG)-frequencies underlying disorders found in criminal offenders is accumulating. Yet, treatment modalities, such as neurofeedback, are rarely applied in the forensic psychiatric domain. Since offenders usually have multiple disorders, difficulties adhering to long-term treatment modalities, and are highly vulnerable for psych...

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

African Journals Online (AJOL)

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 ...

Is there any alternative to the confiscation of criminal assets, which is implemented in a criminal proceeding?

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Lajić Oliver

2013-01-01

Full Text Available In addition to confiscation of proceeds of crime in the criminal or its associate procedure, as exists in national law, the author suggests the existence of other models in the seizure of property whose legal origin is suspected, represented in foreign legal systems. Recognizing this fact, the central part of his work is about the civil law confiscation or seizure of proceeds of crime in the administrative proceedings and taxing criminal profit, as alternative or corrective forms of action present in comparative legal systems. Briefly has been given an overview of basic principles on which they are based, and pointed out the problems faced by entities engaged in the field of their practical application. After a brief presentation and analysis of these systems the author raises a rhetorical question: whether the use of civil law or administrative proceedings legitimate tool in the fight against crime or a shortcut that states use to mitigate the lack of efficiency of the instruments used in crime fighting? In doing so, he reminds that confiscation and forfeiture and the criminal or its associated procedure is exactly the kind of civil law Institute (prohibiting unjust used in the realization of the goals of the criminal law. Essentially, it is a desirable tool, which can help to achieve (partial restorative justice. However, putting discussed aspects of confiscation in the view of the domestic law, the author concludes that the decision which has been opted by domestic legislator is currently the best way for the practical implementation of the principle of prohibition of unlawful enrichment.

Criminal Justice Web Sites.

Science.gov (United States)

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…

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

African Journals Online (AJOL)

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 ...

28 CFR 90.15 - Filing costs for criminal charges.

Science.gov (United States)

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...

Partners or Partners in Crime? The Relationship Between Criminal Associates and Criminogenic Thinking.

Science.gov (United States)

Whited, William H; Wagar, Laura; Mandracchia, Jon T; Morgan, Robert D

2017-04-01

Meta-analyses examining the risk factors for recidivism have identified the importance of ties with criminal associates as well as thoughts and attitudes conducive to the continuance of criminal behavior (e.g., criminogenic thinking). Criminologists have theorized that a direct relationship exists between the association with criminal peers and the development of criminogenic thinking. The present study empirically explored the relationship between criminal associates and criminogenic thinking in 595 adult male inmates in the United States. It was hypothesized that the proportion of free time spent with and number of criminal associates would be associated with criminogenic thinking, as measured by two self-report instruments, the Measure of Offender Thinking Styles-Revised (MOTS-R) and the Psychological Inventory of Criminal Thinking Styles (PICTS). Hierarchal linear regression analyses demonstrated that the proportion of free time spent with criminal associates statistically predicted criminogenic thinking when controlling for demographic variables. The implications of these findings on correctional practice (including assessment and intervention) as well as future research are discussed.

The unique predisposition to criminal violations in frontotemporal dementia.

Science.gov (United States)

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.

Neuroscientific and behavioral genetic information in criminal cases in the Netherlands.

Science.gov (United States)

de Kogel, C H; Westgeest, E J M C

2015-11-01

In this contribution an empirical approach is used to gain more insight into the relationship between neuroscience and criminal law. The focus is on case law in the Netherlands. Neuroscientific information and techniques have found their way into the courts of the Netherlands. Furthermore, following an Italian case in which a mentally ill offender received a penalty reduction in part because of a 'genetic vulnerability for impulsive aggression', the expectation was expressed that such 'genetic defenses' would appear in the Netherlands too. To assess how neuroscientific and behavioral genetic information are used in criminal justice practice in the Netherlands, we systematically collect Dutch criminal cases in which neuroscientific or behavioral genetic information is introduced. Data and case law examples are presented and discussed. Although cases are diverse, several themes appear, such as prefrontal brain damage in relation to criminal responsibility and recidivism risk, and divergent views of the implications of neurobiological knowledge about addiction for judging criminal responsibility. Whereas in the international 'neurolaw literature' the emphasis is often on imaging techniques, the Dutch findings also illustrate the role of neuropsychological methods in criminal cases. Finally, there appears to be a clear need of practice oriented instruments and guidelines.

Latent Class Analysis of Criminal Social Identity in a Prison Sample

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Boduszek Daniel

2014-06-01

Full Text Available This study aimed to examine the number of latent classes of criminal social identity that exist among male recidivistic prisoners. Latent class analysis was used to identify homogeneous groups of criminal social identity. Multinomial logistic regression was used to interpret the nature of the latent classes, or groups, by estimating the associationsto number of police arrests, recidivism, and violent offending while controlling for current age. The best fitting latent class model was a five-class solution: ‘High criminal social identity’ (17%, ‘High Centrality, Moderate Affect, Low Ties’ (21.7%, ‘Low Centrality, Moderate Affect, High Ties’ (13.3%,‘Low Cognitive, High Affect, Low Ties’ (24.6%, and ‘Low criminal social identity’ (23.4%. Each of the latent classes was predicted by differing external variables. Criminal social identity is best explained by five homogenous classes that display qualitative and quantitative differences.

28 CFR 0.85a - Criminal justice policy coordination.

Science.gov (United States)

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...

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

Science.gov (United States)

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...

The Fundamental Concept of Crime in International Criminal Law: A Comparative Law Analysis

DEFF Research Database (Denmark)

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....

Modern Interpretations of the Theory of Criminal Misdemeanor in Administrative Law of Russia

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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

The Japanese Criminal Thinking Inventory: Development, Reliability, and Initial Validation of a New Scale for Assessing Criminal Thinking in a Japanese Offender Population.

Science.gov (United States)

Kishi, Kaori; Takeda, Fumi; Nagata, Yuko; Suzuki, Junko; Monma, Takafumi; Asanuma, Tohru

2015-11-01

Using a sample of 116 Japanese men who had been placed under parole/probationary supervision or released from prison, the present study examined standardization, reliability, and validation of the Japanese Criminal Thinking Inventory (JCTI) that was based on the short form of the Psychological Inventory of Criminal Thinking Styles (PICTS), a self-rating instrument designed to evaluate cognitive patterns specific to criminal conduct. An exploratory factor analysis revealed that four dimensions adequately captured the structure of the JCTI, and the resultant 17-item JCTI demonstrated high internal consistency. Compared with the Japanese version of the Buss-Perry Aggression Questionnaire (BAQ), the JCTI showed a favorable pattern of criterion-related validity. Prior criminal environment and drug abuse as the most recent offense also significantly correlated with the JCTI total score. Overall, the JCTI possesses an important implication for offender rehabilitation as it identifies relevant cognitive targets and assesses offender progress. © The Author(s) 2014.

Technical records as material evidence in criminal proceedings

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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.

Animal poisoning - veterinary-medical and criminal-legal aspects

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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.

BRIEF CONSIDERATIONS REGARDING MEDIATION IN CRIMINAL MATTERS

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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."

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

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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.

Fetal Abuse and the Criminalization of Behavior during Pregnancy.

Science.gov (United States)

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)

International criminal justice and the erosion of sovereignty

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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.

Strain, Negative Emotions, and Level of Criminality Among Chinese Incarcerated Women.

Science.gov (United States)

Sun, Ivan Y; Luo, Haishan; Wu, Yuning; Lin, Wen-Hsu

2016-05-01

General strain theory (GST) has been one of the most frequently tested criminological theories. According to GST, strain tends to generate negative emotions, which create pressures for corrective action, such as crime and delinquency. Although GST has received strong empirical support, one under-addressed issue is the lack of diversity in sampling population in assessing the generalizability of the theory. Using survey data collected from 335 incarcerated women in four Chinese prisons, this study examined the impact of strain and negative emotions on the level of female criminality. The strain variable, physical abuse, and discrimination, exerted a positive effect on female inmates' levels of criminality, whereas negative emotions were not significantly related to female criminality. Two control variables, age of current offense and educational attainment, were predictive of female criminality, with younger and less-educated women having more serious criminality. Implications for future research and policy are discussed. © The Author(s) 2015.

Memory Interventions in the Criminal Justice System: Some Practical Ethical Considerations.

Science.gov (United States)

Cabrera, Laura Y; Elger, Bernice S

2016-03-01

In recent years, discussion around memory modification interventions has gained attention. However, discussion around the use of memory interventions in the criminal justice system has been mostly absent. In this paper we start by highlighting the importance memory has for human well-being and personal identity, as well as its role within the criminal forensic setting; in particular, for claiming and accepting legal responsibility, for moral learning, and for retribution. We provide examples of memory interventions that are currently available for medical purposes, but that in the future could be used in the forensic setting to modify criminal offenders' memories. In this section we contrast the cases of (1) dampening and (2) enhancing memories of criminal offenders. We then present from a pragmatic approach some pressing ethical issues associated with these types of memory interventions. The paper ends up highlighting how these pragmatic considerations can help establish ethically justified criteria regarding the possibility of interventions aimed at modifying criminal offenders' memories.

Gambling and Impulsivity Traits: A Recipe for Criminal Behavior?

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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.

Gambling and Impulsivity Traits: A Recipe for Criminal Behavior?

Science.gov (United States)

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.

Gambling and Impulsivity Traits: A Recipe for Criminal Behavior?

Science.gov (United States)

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

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

Science.gov (United States)

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…

Challenges and Aspects of Cyber Security of the Republic of Croatia

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Protrka Nikola

2017-06-01

Full Text Available The development of the information and communication technology (ICT, regardless of its many advantages, unfortunately has its disadvantage - the abuse of the cyberworld. The global character of cyberspace is specific in terms of national legislation and its view of specificities. Some countries adopted the recommendation of the Convention on Cybercrime of the Council of Europe (Official Gazette NN-MU 9/02, 4/04 and amended their national legislation, whereas others kept implementing their criminal law solutions, which are outdated and cannot reach the level of this type of criminal offences. Consequently, governments are inclined to cooperate and exchange information about this type of crime due to the fact that the criminal offender may be anywhere, and the offence itself can take place at a great distance from the offender. In September 2015, the government of the Republic of Croatia adopted the National Cyber Security Strategy and the Action Plan for the Implementation of the National Cyber Security Strategy, the first allencompassing strategy of the Republic of Croatia on cyber security. The paper also focuses on the role of the Police College in the Action Plan for the Implementation of the National Cyber Security Strategy.

Criminal Policy Movements and Legal Education

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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.

The development of the penal system in Serbian criminal law

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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.

Predicting criminality from child maltreatment typologies and posttraumatic stress symptoms

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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.

Predicting criminality from child maltreatment typologies and posttraumatic stress symptoms

Science.gov (United States)

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

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

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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

Emotional intelligence and criminal behavior.

Science.gov (United States)

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.

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

Science.gov (United States)

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.

Criminal Liability of Political Decision-Makers in the Netherlands

NARCIS (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

The Strangers in Criminal Procedure: Restorative Justice as a possibility to overcome the simplicity of the modern paradigm of criminal justice

Directory of Open Access Journals (Sweden)

Daniel Acchutti

2011-02-01

Full Text Available The present paper addresses the crisis of penal procedure in the contemporary society from its epistemological basis to, then, present restorative justice as a concrete alternative to the traditional criminal procedure. The intention is to describe how criminal procedure got established since its modern scientific roots and, then, to show the impossibility of a satisfactory management of social conflicts according to its standardized rules. After it, is argued that restorative justice is able to better deal with social conflicts than criminal procedure, once that system does not have standardized rules and allows the stakeholders to decide the situation according to their own deliberation, instead of being obliged to follow a decision from another person, usually a judge. DOWNLOAD THIS PAPER FROM SSRN: http://ssrn.com/abstract=1737851

The threat in Iran and United States of America criminal law

Directory of Open Access Journals (Sweden)

Mohammad Ali Mahdavi Sabet

2017-06-01

Full Text Available Iran criminal law and United States of America have considered the threat as a crime and have imposed the penalty for it. The threat importance is considered in where that from one side the persons and civilians in accordance with domestic laws and international documents are involved very important right entitled of "Freedom of speech" and the mentioned rights violation is associated with domestic and foreign criminal sanctions and on the other hand, the expression of some words or commit a certain attitude with them and in accordance with the same laws are prohibited and to be considered as the criminal threat. However, the laws of both countries have adopted different approaches regarding the circumstances realization of the mentioned crime and some of its examples, although in some criminal threat characteristics such as lack of necessity to apply the means are unlawful and have similarity in its intentionality. In order to detailed understanding of the similarities and differences of criminal threats in Iran and America laws, which leads to the identification of existing disadvantages and advantages and providing the strategies regarding the deficiencies of the current laws and trends, so we are investigating the structure and threat features in criminal law of both countries.

Hyubris as a factor of individual criminal

Directory of Open Access Journals (Sweden)

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.

Problem of Determining the Chance (Casus) in Criminal Law

Science.gov (United States)

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…

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

NARCIS (Netherlands)

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

Substance abuse and criminal thinking: testing the countervailing, mediation, and specificity hypotheses.

Science.gov (United States)

Walters, Glenn D

2012-12-01

The purpose of this study was to determine (a) which of 2 dimensions of criminal thinking (proactive and/or reactive) correlates with prior substance abuse; (b) whether criminal thinking mediates the relationship between prior substance abuse and recidivism; (c) if a direct relationship exists between specific drugs of abuse and specific criminal thinking styles. First, the reconstructed Proactive (Prc) and Reactive (Rrc) Criminal Thinking scores from the Psychological Inventory of Criminal Thinking Styles (PICTS; Walters, 1995) were correlated with a dichotomous measure of prior substance abuse and a continuous measure of the number of substances abused in a sample of 2877 male federal prisoners (age: M = 34.96, SD = 9.89, range = 18-84; race: 63.6% Black, 17.3% White, 17.6% Hispanic, 1.4% other). The results indicated that only the Rrc score correlated significantly with prior substance abuse when the effect of the alternative measure (Prc in the case of Rrc and Rrc in the case of the Prc) was controlled through partial correlations. Second, reactive criminal thinking was found to mediate the relationship between a history of prior substance abuse and subsequent recidivism in a subsample of 1101 inmates who were released from prison during a 1- to 76-month follow-up. Third, both specific (alcohol with cutoff; marijuana with cognitive indolence) and global (heroin, cocaine, and amphetamine with cutoff, cognitive indolence, and discontinuity) drug-criminal thinking correlations were obtained. These results suggest that reactive criminal thinking plays a potentially important role in the drug-crime relationship.

Challenges of Criminal-Law Regulation of Mining in Colombia. A Study of the Article 333 of the Colombian Criminal Code

OpenAIRE

Suárez López, Beatriz Eugenia; Universidad Jorge Tadeo Lozano

2017-01-01

This paper presents a study of the article 333 of the Colombian Criminal Code, which establishes the crime of environmental contamination by exploitation of mining or hydrocarbon deposits. It analyzes the semantics and scope of this rule, establishing the criminal effects deriving from it. The paper focuses on the challenges that the article poses for the principle of legality, and address some dogmatic problems of it. This paper is part of the results of the research entitled "Environmental ...

Digital forensics digital evidence in criminal investigations

CERN Document Server

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

Diagnosis of antisocial personality disorder and criminal responsibility.

Science.gov (United States)

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.

Do Characteristics of Faces That Convey Trustworthiness and Dominance Underlie Perceptions of Criminality?

Science.gov (United States)

Flowe, Heather D.

2012-01-01

Background This study tested whether the 2D face evaluation model proposed by Oosterhof and Todorov can parsimoniously account for why some faces are perceived as more criminal-looking than others. The 2D model proposes that trust and dominance are spontaneously evaluated from features of faces. These evaluations have adaptive significance from an evolutionary standpoint because they indicate whether someone should be approached or avoided. Method Participants rated the emotional state, personality traits, and criminal appearance of faces shown in photographs. The photographs were of males and females taken under naturalistic conditions (i.e., police mugshots) and highly controlled conditions. In the controlled photographs, the emotion display of the actor was systematically varied (happy expression, emotionally neutral expression, or angry expression). Results Both male and female faces rated high in criminal appearance were perceived as less trustworthy and more dominant in police mugshots as well as in photographs taken under highly controlled conditions. Additionally, emotionally neutral faces were deemed as less trustworthy if they were perceived as angry, and more dominant if they were morphologically mature. Systematically varying emotion displays also affected criminality ratings, with angry faces perceived as the most criminal, followed by neutral faces and then happy faces. Conclusion The 2D model parsimoniously accounts for criminality perceptions. This study extends past research by demonstrating that morphological features that signal high dominance and low trustworthiness can also signal high criminality. Spontaneous evaluations regarding criminal propensity may have adaptive value in that they may help us to avoid someone who is physically threatening. On the other hand, such evaluations could inappropriately influence decision making in criminal identification lineups. Hence, additional research is needed to discover whether and how people can avoid

Do characteristics of faces that convey trustworthiness and dominance underlie perceptions of criminality?

Science.gov (United States)

Flowe, Heather D

2012-01-01

This study tested whether the 2D face evaluation model proposed by Oosterhof and Todorov can parsimoniously account for why some faces are perceived as more criminal-looking than others. The 2D model proposes that trust and dominance are spontaneously evaluated from features of faces. These evaluations have adaptive significance from an evolutionary standpoint because they indicate whether someone should be approached or avoided. Participants rated the emotional state, personality traits, and criminal appearance of faces shown in photographs. The photographs were of males and females taken under naturalistic conditions (i.e., police mugshots) and highly controlled conditions. In the controlled photographs, the emotion display of the actor was systematically varied (happy expression, emotionally neutral expression, or angry expression). Both male and female faces rated high in criminal appearance were perceived as less trustworthy and more dominant in police mugshots as well as in photographs taken under highly controlled conditions. Additionally, emotionally neutral faces were deemed as less trustworthy if they were perceived as angry, and more dominant if they were morphologically mature. Systematically varying emotion displays also affected criminality ratings, with angry faces perceived as the most criminal, followed by neutral faces and then happy faces. The 2D model parsimoniously accounts for criminality perceptions. This study extends past research by demonstrating that morphological features that signal high dominance and low trustworthiness can also signal high criminality. Spontaneous evaluations regarding criminal propensity may have adaptive value in that they may help us to avoid someone who is physically threatening. On the other hand, such evaluations could inappropriately influence decision making in criminal identification lineups. Hence, additional research is needed to discover whether and how people can avoid making evaluations regarding

Do characteristics of faces that convey trustworthiness and dominance underlie perceptions of criminality?

Directory of Open Access Journals (Sweden)

Heather D Flowe

Full Text Available BACKGROUND: This study tested whether the 2D face evaluation model proposed by Oosterhof and Todorov can parsimoniously account for why some faces are perceived as more criminal-looking than others. The 2D model proposes that trust and dominance are spontaneously evaluated from features of faces. These evaluations have adaptive significance from an evolutionary standpoint because they indicate whether someone should be approached or avoided. METHOD: Participants rated the emotional state, personality traits, and criminal appearance of faces shown in photographs. The photographs were of males and females taken under naturalistic conditions (i.e., police mugshots and highly controlled conditions. In the controlled photographs, the emotion display of the actor was systematically varied (happy expression, emotionally neutral expression, or angry expression. RESULTS: Both male and female faces rated high in criminal appearance were perceived as less trustworthy and more dominant in police mugshots as well as in photographs taken under highly controlled conditions. Additionally, emotionally neutral faces were deemed as less trustworthy if they were perceived as angry, and more dominant if they were morphologically mature. Systematically varying emotion displays also affected criminality ratings, with angry faces perceived as the most criminal, followed by neutral faces and then happy faces. CONCLUSION: The 2D model parsimoniously accounts for criminality perceptions. This study extends past research by demonstrating that morphological features that signal high dominance and low trustworthiness can also signal high criminality. Spontaneous evaluations regarding criminal propensity may have adaptive value in that they may help us to avoid someone who is physically threatening. On the other hand, such evaluations could inappropriately influence decision making in criminal identification lineups. Hence, additional research is needed to discover whether

Criminal Law Study Guide (Revision)

National Research Council Canada - National Science Library

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...

75 FR 9613 - Draft NIJ Restraints Standard for Criminal Justice

Science.gov (United States)

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...

Monopolizing Global Justice: International Criminal Law as Challenge to Human Diversity

OpenAIRE

Nouwen, Sarah Maria; Werner, Wouter G

2014-01-01

Over the past two decades, international criminal law has been increasingly institutionalized and has become one of the dominant frames for defining issues of justice and conflict resolution. Indeed, international criminal law is often presented as the road towards global justice. But the rise of international criminal law and its equation with global justice come with a profound risk: alternative conceptions of justice can be marginalized. Based on field work in Uganda and Sudan, we present ...

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

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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.

Guilt and Choice in Criminal Law Theory – A Critical Assessment

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Tatjana Hörnle

2016-08-01

Full Text Available The article discusses the Principle of Guilt and the Principle of Alternate Decisions, beginning with their central role in German law before moving on to the broader discussion. It argues that criminal law theory should not rely on the Principle of Alternate Decisions as it is not consistent with the most plausible, empirically founded model of how human beings make decisions. However, this does not lead to the conclusion that criminal punishment in the traditional sense, that is, as a practice involving blame, should be abandoned. Blame is compatible with a realistic view on decision-making. Compatibilism is not new to criminal law theory – several authors have developed such arguments. However, a simple version of compatibilism, arguing that substantive criminal law is not in need of major modifications, is insufficient. The main point in this paper is that several issues in criminal law doctrine, the place and scope of insanity defences, mitigations and intention as volition, need to be re-considered and re-conceptualized. 

THE URGENCY OF THE CRIMINAL POLICY IN CRIME MITIGATION POLICE PROFESSION

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Ridwan Tahir

2016-12-01

Full Text Available This article aims to reveal the characteristics of the crimes committed by the police in general, and then continued by asserting the main orientation of the criminal policy in crime prevention. Next, will be discussed more specifically about the urgency of the criminal policy in the prevention of the crimes committed by the police. This paper, presented using data and information from literature sources, then analyzed qualitatively with decomposition descriptive and prescriptive analytics. The focus of the discussion of this article will be directed to the issue of urgency criminal policy in relation to the role of agency compensation and rehabilitation for the abuses of power that are criminogen in the investigation process established through pretrial agencies that the results are only set compensation and rehabilitation as a result of misuse of the police profession. To that end, the weakness of the criminal law policy, need to be updated, ie, by adding the authority to institute pretrial may also recommend its findings to be prosecuted and criminal sanctions

Childhood Neurodevelopmental Disorders and Violent Criminality: A Sibling Control Study

Science.gov (United States)

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…

The principle of equality of arms in international criminal proceedings

NARCIS (Netherlands)

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.

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

African Journals Online (AJOL)

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 ...

The Use of Criminal History Information in College Admissions Decisions

Science.gov (United States)

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…

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

NARCIS (Netherlands)

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

The Relevant Physical Trace in Criminal Investigation

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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.

The reaction to femicide in criminal law

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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.

Emergent authority and expert knowledge: psychiatry and criminal responsibility in the UK.

Science.gov (United States)

Loughnan, Arlie; Ward, Tony

2014-01-01

In the UK context, the rise of the discipline and practice of forensic psychiatry is intimately connected with the concurrent development of principles and practices relating to criminal responsibility. In this article, we seek to chart the relationship between psychiatry and the principles and practices of criminal responsibility in the UK over the early modern, modern and late modern periods. With a focus on claims about authority and expert knowledge around criminal responsibility, we suggest that these claims have been in a state of perpetual negotiation and that, as a result, claims to authority over and knowledge about criminal non-responsibility on the part of psychiatrists and psychiatry are most accurately understood as emergent and contingent. The apparent formalism of legal discourse has tended to conceal the extent to which legal policy has been preoccupied with maintaining the primacy of lay judgments in criminal processes of evaluation and adjudication. While this policy has been somewhat successful in the context of the trial - particularly the murder trial - it has been undermined by administrative procedures surrounding the trial, including those that substitute treatment for punishment without, or in spite of, a formal determination of criminal responsibility. © 2013.

Criminal Law in Nigeria in the Last 53 Years: Trends and Prospects for the Future

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Akeem Olajide Bello

2013-03-01

Full Text Available Objectives: The article is an overview of developments in substantive criminal law in Nigeria in the last 53 years. It examines the sharing of constitutional legislative powers to enact criminal laws between the federal (national government and the state (local governments. The examination of federal laws revealed proactive legislative activity responding to emerging local and international criminal law issues. The main development at the state level is the introduction by States in Northern Nigeria of Sharia Penal Codes and the enactment of the Criminal Law of Lagos State 2011. A common trend is the entrenchment of death penalty as punishment for some crimes. Implications: While federal criminal laws have responded to emerging realties, state criminal laws have generally failed to respond to emerging issues at the state level. Consequently, in most of the southern states criminal laws introduced in 1916 have continued to apply. Value: The paper demonstrates the need for southern States to reform their criminal laws to respond to emerging realties, the federal government to respond to some outstanding criminal law issues and calls for a suspension of death penalty and a revaluation of its continued relevance.

CRIMINALITY AT MINORS WITH MENTAL DEFICIENCY

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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.

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

Science.gov (United States)

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...

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

Science.gov (United States)

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…

'In this Interregnum' : dialectical themes in the critique of criminal justice

OpenAIRE

Carvalho, Henrique; Norrie, Alan W.

2017-01-01

In this article, we offer a critical examination of the long and rich history of criminal justice scholarship in the pages of Social & Legal Studies. We do so by identifying and exploring a dialectical tension in such scholarship, between the recognition of the role of criminal justice as an instrument of violence, exclusion and control on the one hand, and the effort to seek, through or perhaps beyond the critique of criminal justice, an emancipatory project. We explore this tension by exami...

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

NARCIS (Netherlands)

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

A combination strategy for tracking the serial criminal

Science.gov (United States)

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.

Genetics, criminal justice, and the minority community: An introduction for professionals in criminal justice. A report on the third annual convocation of the Justice George Lewis Ruffin Society

Energy Technology Data Exchange (ETDEWEB)

Croatti, R.D.

1994-10-15

The Justice George Lewis Ruffin Society is an organization founded in 1984 to support minority professionals in the Massachusetts criminal justice system. The Society began the sponsorship of statewide Convocations in 1992. These events provide minority criminal justice professionals with the opportunity to focus on pertinent topics through expert presentations, panel discussions, and peer interactions. Because of its increasing importance in the criminal justice process at large, and growing significance to the minority community in particular, the committee determined that the 1994 Convocation would focus on DNA. A decision was made to concentrate both on the science and the ethical and moral considerations pertinent to its application. The committee determined that along with expert presentations, a large portion of each day`s program should be devoted to workshops, designed to provide participants with an opportunity to review, test and discuss the material in a small group environment. Overall objectives of the Convocation were to provide minority and non-minority criminal justice professionals with a basic foundation in the science of genetics as well as current developments in genetic diagnostic technology, to highlight the actual and potential application of DNA technology to the criminal justice system and elsewhere, and to underscore the implications of these developments for criminal justice policy and the law.

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

NARCIS (Netherlands)

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

Comparative review of the investigation and confiscation of criminal assets

Directory of Open Access Journals (Sweden)

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

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

Science.gov (United States)

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…

8 CFR 287.9 - Criminal search warrant and firearms policies.

Science.gov (United States)

2010-01-01

... 8 Aliens and Nationality 1 2010-01-01 2010-01-01 false Criminal search warrant and firearms policies. 287.9 Section 287.9 Aliens and Nationality DEPARTMENT OF HOMELAND SECURITY IMMIGRATION REGULATIONS FIELD OFFICERS; POWERS AND DUTIES § 287.9 Criminal search warrant and firearms policies. (a) A...

The correlation between diversion (Article 113 of the Criminal Code of Ukraine and terrorist act (Article 258 of the Criminal Code of Ukraine

Directory of Open Access Journals (Sweden)

Андрій Сергійович Климосюк

2018-03-01

During the investigating of the punishability for these crimes, it was found that in some cases the actual infliction of harm by a s diversion causes the necessity for additional qualifications by Part 2 of Art. 115 or Part 3 of Art. 258 of the Criminal Code of Ukraine. It is proved that the norm of diversion can be competed with the norm of a terrorist act as a whole (Article 113 of the Criminal Code of Ukraine and as part of the whole (Article 258 of the Criminal Code of Ukraine, and in such cases the preference in enforcement should be qualified as a diversion. Examples given in this article are an illustrations of an ideal and actual set of diversion e and terrorist act.

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

NARCIS (Netherlands)

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

Selected issues of the property right limitation in the criminal proceedings

OpenAIRE

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.

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

Science.gov (United States)

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…

Repercussions of modified procedural roles on determining the facts in criminal proceedings

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Ilić Ivan

2014-01-01

Full Text Available The main characteristic of the new Code of Criminal Procedure, 2011, which is based on adversial principle, is changed position of the main subjects. The public prosecutor gets more active role. It is head of the pre-investigative procedure and the investigation. At trial, the role of the parties emphasized, while the role of the court passivated. The Court adjudicate and manage the process, while in the presentation of evidence, for the proper and complete determination of the facts, his role significantly diminished. The court is not obliged ex officio to determine the truth, and the principle of truth is omitted from the basic principles of criminal procedure. Evidentiary initiative is, largely, up to the parties, while the court granted subsidiary role. Basis of the work is the thesis that the Code of Criminal Procedure from 2011, based on the truth principle, which is also the goal of the procedure. In fact, while working on the development of the legal text, and after of the adoption, to the beginning of its application in full range, in professional community there were lots of papers, which cast doubt on the principle of truth existence, in the currently valid procedural law of Serbia. Although this principle is not actually explicitly stipulated in the text of the new CPC, the author proves his existence by analyzing of certain provisions of the law, which has significantly altered the position of the main criminal procedural subjects, in terms establishing the facts in criminal proceedings. The author argues that the truth about a criminal matter remains the highest goal of the procedure, despite the fact that the concept of criminal proceedings is set on the adversial model od criminal proceedings.

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

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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.

Exploring Race Based Differences in Patterns of Life-Course Criminality

Science.gov (United States)

Markowitz, Michael W.; Salvatore, Christopher

2013-01-01

A persistent issue facing criminologists is the challenge of developing theoretical models that provide comprehensive explanations of the onset and persistence of criminality. One promising theory to develop over the last 30 years has been life-course theory. Using multivariate analysis of variance the main question posed in this research, do elements of social development shape the trajectory of persistent offending in a race-neutral fashion, or are the dynamics shaping life-course criminality unique for people of color, was examined. The results provide a number of useful insights into the relationship between race, life-course transition factors, and longitudinal patterns of criminality. PMID:23436952

Symbolism as a Constraint on International Criminal Law

DEFF Research Database (Denmark)

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...

Gender Disparity in Criminal Behaviour in Ado-Ekiti, Ekiti State ...

African Journals Online (AJOL)

There had been differences in the crimes committed by male and female in various stages, throughout the world. Male criminality became the most significant issue in the literary discussion of crime, which gave female criminality little or no attention. Against this background, this paper looked into disparity in the punishment ...

Causality in criminal forensic and in civil disability cases: Legal and psychological comparison.

Science.gov (United States)

Young, Gerald

2015-01-01

Causality (or causation) is central to every legal case, yet its underlying philosophical, legal, and psychological definitions and conceptions vary. In the criminal context, it refers to establishing the responsibility of the perpetrator of the criminal act at issue in terms of the person's mental state (mens rea), and whether the insanity defense applies. In the forensic disability and related context, it refers to whether the index event is a material or contributing cause in the multifactorial array that led to the psychological condition at issue. In both the criminal and tort contexts, the legal test is a counterfactual one. For the former, it refers to whether the outcome involved would have resulted absent the act (e.g., in cases of simultaneous criminal lethal action, which one is the but-for responsible one). For the latter, it concerns whether the claimed psychological condition would be present only because of the incident at issue. The latter event at issue is distinguished from the criminal one by its negligence compared to the voluntary intent in the criminal case. The psychological state of the perpetrator of criminal conduct can be analyzed from a biopsychosocial perspective as much as the civil one. In this regard, in the civil case, such as in forensic disability and related assessments, pre-existing, precipitating, and perpetuating factors need to be considered causally, with personal and social resilience and protective factors added, as well. In the criminal context, the same biopsychosocial model applies, but with mental competence and voluntariness added as a critical factor. The advent of neurolaw has led to use of neuroscience in court, but it risks reducing the complexity of criminal cases to unifactorial, biological models. Copyright © 2015 Elsevier Ltd. All rights reserved.

Scaling behaviour in the number of criminal acts committed by individuals

Science.gov (United States)

Cook, Will; Ormerod, Paul; Cooper, Ellie

2004-07-01

We examine the distribution of the extent of criminal activity by individuals in two widely cited data bases. The Cambridge Study in Delinquent Development records criminal convictions amongst a group of working class youths in the UK over a 14 year period. The Pittsburgh Youth Study measures self-reported criminal acts over intervals of six months or a year in three groups of boys in the public school system in Pittsburgh, PA. The range of the data is very substantially different between these two measures of criminal activity, one of which is convictions and the other self-reported acts. However, there are many similarities between the characteristics of the data sets. A power law relationship between the frequency and rank of the number of criminal acts describes the data well in both cases, and fits the data better than an exponential relationship. Power law distributions of macroscopic observables are ubiquitous in both the natural and social sciences. They are indicative of correlated, cooperative phenomena between groups of interacting agents at the microscopic level. However, there is evidence of a bimodal distribution, again in each case. Excluding the frequency with which zero crimes are committed or reported reduces the absolute size of the estimated exponent in the power law relationship. The exponent is virtually identical in both cases. A better fit is obtained for the tail of the distribution. In other words, there appears to be a subtle deviation from straightforward power law behaviour. The description of the data when the number of boys committing or reporting zero crimes are excluded is different from that when they are included. The crucial step in the criminal progress of an individual appears to be committing the first act. Once this happens, the number of criminal acts committed by an individual can take place on all scales.

Special Edition: Limits and Prospects of Criminal Law Reform – Past, Present, Future

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Thalia Anthony

2017-08-01

Full Text Available This special issue traces multifaceted readings of criminal law reform in the context of developments in Australia, North America and Europe. It addresses a range of criminal law legislative regimes, frameworks and issues confronting criminal law reform including as they relate to family violence, organisational liability for child sexual abuse, drug-driving and Indigenous under-representation on juries. In doing so, the articles variously assess the impacts of past criminal law reforms, current processes of reform, areas in need of future reform and the limitations of reform. It poses a number of challenges: Who does law reform serve? What principles should guide the work of criminal justice reform? What is the role and responsibility of universities in law reform? Who are the natural allies of academics in agitating for reform? Is reform of criminal law enough for progressive social change? Do public inquiries and law reform assist with progressive change or do they have the potential to undermine the struggle for more humane and equitable social responses?

Public Engagement with the Criminal Justice System in the Age of Social Media

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Michelle Katherine Larson Rose

2014-10-01

Full Text Available Exemplified by the landmark trial of O.J. Simpson, news media coverage of criminal cases in the United States is now regularly dominated by tabloid style coverage, complete with fixation on the victims and accused in criminal cases. Investigators have shown that such coverage of criminal proceedings is linked to decreasing levels of public trust and confidence in the criminal justice system. What is not yet understood is how rapid changes to the media universe in terms of online news sources and social networking are impacting coverage of criminal proceedings and public understanding of the criminal justice system. By surveying the American public on their news consumption habits, participation in social networking, knowledge and opinions of highly publicized criminal cases, and perceptions of the legitimacy of the justice system, we offer one of the first analyses of social media’s impact on public interaction with the criminal justice system. Ultimately we find little evidence that social media is enhancing citizen knowledge about or confidence in the criminal justice system, but we do uncover strong evidence that social media engagement with criminal trials leads to a greater desire for vengeance and encouragement of vigilante attitudes and behavior. Como demostró el emblemático juicio a O.J. Simpson, la cobertura mediática de los casos penales en los Estados Unidos está dominada de forma regular por una cobertura de estilo sensacionalista, centrando su atención en las víctimas y acusados de los casos criminales. Investigaciones han demostrado que esta cobertura de los procesos criminales está relacionada con un menor nivel de confianza del público en el sistema de justicia criminal. Todavía no se conoce con qué rapidez están impactando los cambios en el universo de los medios de comunicación que han llegado de la mano de las fuentes de información en línea y las redes sociales, en la cobertura de los procesos criminales y la

Legal Nature of Criminal Proceedings Regarding the Length of the Appeal

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Constantin Tanase

2016-05-01

Full Text Available The appeal regarding length of criminal proceedings represents a new institution of Romanian criminal procedure system, born from the need to align the procedural rules to the constitutional requirements and other internal rules, but especially from the need for harmonization with European Community rules, namely the Convention for the Protection of Human Rights and Fundamental Freedoms. To the same extent, it was aimed at forming a legal institution in line with the jurisprudence of the European Court of Human Rights. The new institution has its registered matter in art. 4881-4886 Criminal Procedure Code., Introduced by Law implementing the Code under Title IV – “Special Procedures” which recommends it from the beginning as a derogation from the common procedure. Nevertheless, given the position of remedy for excessive and unjustified extension of the criminal proceedings, as well as the judicial review, which it triggers in this regard, it raises the question of the legal nature of the appeal regarding the length of criminal proceedings. The answer to this question may affect the correct application of the institution and the improvement of judicial practice.

Mentally disordered criminal offenders: legal and criminological perspectives.

Science.gov (United States)

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.

Effect of Marriage and Spousal Criminality on Recidivism

DEFF Research Database (Denmark)

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....

How can the criminal law support the provision of quality in healthcare?

Science.gov (United States)

Yeung, Karen; Horder, Jeremy

2014-06-01

The egregious failings in patient safety at Mid Staffordshire NHS Foundation Trust between 2005 and 2009 identified by Sir Robert Francis QC in his public inquiry prompted him to recommend the introduction of a new criminal offence into English law in circumstances where a patient dies or is seriously harmed by a breach of fundamental standards. The authors evaluate whether, from the perspective of fairness and justice, a new criminal offence in this context is necessary and desirable. The authors considered the basic principles and functions of the criminal law and compared them with the principles and functions of the civil law. They then identify two primary tasks for the criminal law to perform in healthcare settings: (a) to establish primary duties to patients consisting of appropriately graded offences targeted at conduct that harms patients or unjustifiably poses risks to patients, and (b) to establish secondary duties to patients, consisting of offences aimed at punishing and deterring instances in which healthcare management and workers undermine the goals of regulation by lying or giving misleading information to regulatory officials or by obstructing their work. The authors focus on the first of these functions, identifying the scope of existing regulatory schemes that may give rise to criminal liability in English law when applied to healthcare contexts to identify whether a new criminal offence is needed. A gap in the existing regime of criminal liability is identified, and it is this gap which a new criminal offence seeks to fill. The authors suggest how such an offence should be structured, drawing primarily upon foundational principles of criminal liability. It is suggested that a new general offence of wilfully neglecting or ill-treating a patient that can be committed by any healthcare organisation or worker (appropriately defined) is warranted. The criminal law has an important role to play in the healthcare context. Its central function is not

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

International Development Research Centre (IDRC) Digital Library (Canada)

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 ...

The criminal act of commercial surrogacy in Australia: a call for review.

Science.gov (United States)

Stuhmcke, Anita

2011-03-01

Australian surrogacy legislation punishes the pursuit of a commercial surrogacy arrangement as a criminal offence. Such legislation was first introduced in Victoria in 1986 and has since been applied in every Australian jurisdiction except for the Northern Territory. The current application of criminal law is based upon this 1980s policy which has never been subject to public debate. This article argues that the continued application of criminal penalties to commercial surrogacy requires review.

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

NARCIS (Netherlands)

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

Rurality and criminal history as predictors of HIV risk among drug-involved offenders.

Science.gov (United States)

Webster, J Matthew; Mateyoke-Scrivner, Allison; Staton, Michele; Leukefeld, Carl

2007-01-01

The current study examined rurality and criminality as predictors of the lifetime HIV risk behaviors of 661 male, drug-abusing state prisoners. HIV risk behaviors included the number of lifetime sex partners, the number of lifetime drug injections, the number of times had sex with an injection drug user, and the frequency with which a condom was used. Regression analyses showed that criminality was related to the number of lifetime injections, whereas rurality was related to fewer lifetime sex partners and less frequent condom use. A rurality by criminality interaction for sex with an injection drug user was found. Specifically, those from rural areas who had more extensive criminal histories reported relatively high numbers of sex partners who were IDUs. Results are discussed in the context of rural and criminal justice interventions for HIV risk behavior.

Some Ethical Considerations on the Use of Criminal Records in the Labor Market

DEFF Research Database (Denmark)

Petersen, Thomas Søbirk

2016-01-01

Employers’ access to and use of criminal records as a selection mechanism in the labor market makes it far more difficult for ex-offenders to find jobs, especially regular, well-paid jobs, than those without criminal convictions. The paper asks whether there is anything morally problematic about...... this practice. The aims of the paper are twofold. First, arguments based on premises of wrongful discrimination against the current, commonest use of criminal records are critically discussed. It is argued that employers do not necessarily engage in morally wrongful discrimination against job applicants when...... they use criminal records in recruitment screening, but it is also argued that ex-offenders who apply for jobs are subject to what can be called “structural and morally wrongful discrimination” when laws allow employers to request (or directly access) a job applicant’s full criminal record. Second...

The law concerning criminal acts against the environment

International Nuclear Information System (INIS)

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

SELF-HARM AS A SIGN OF STAGING CRIMINAL EVENTS

Directory of Open Access Journals (Sweden)

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.

The Protection of the Right to Life in the New Criminal Code

Directory of Open Access Journals (Sweden)

Lavinia Mihaela Vladila

2011-05-01

Full Text Available The present article illustrates general aspects of the actual regulation on the protection of the rightto life, in comparison with the new regulation, which shall be analyzed more carefully. The paper is based onthe study of the new Criminal Code, emphasizing the most important differences between the actualregulation and the new Criminal Code, and the few texts elaborated in this area. The approach of the subjectis a more practical one, because few texts were written about the new Criminal Code, at the moment of itsentrance into force, the doctrinaires will need to know the differences and the innovations brought by it. Theresult is meant to increase the understanding of the new text and to enrich the analysis and synthesis of thenew Criminal Code.

Pluralism in Theories of Responsibility: Joint Criminal Enterprise versus Joint Perpetration

NARCIS (Netherlands)

Cupido, M.; van Sliedregt, E.; Vasiliev, S.

2014-01-01

This paper scrutinizes the alleged pluralism between JCE and joint perpetration. It illustrates that the ICC and the ICTY in practice establish criminal responsibility under JCE and joint perpetration based on the participants’ cooperation in, and informed contribution to, a (criminal) organization

Threats to repair injury caused by judicial errors and criminal damage

Directory of Open Access Journals (Sweden)

Muntean Vasilisa

2017-12-01

Full Text Available The grounds for the occurrence of punitive damages are related to the illicit actions of the persons with responsibilities in the courts and the criminal prosecution bodies. In order to provide protection against such unfair situations, there are a number of legal guarantees. The legislator has highlighted both the specific circle of reasons (illegal detention, unlawful criminal prosecution, unlawful sentencing, etc. necessary to ensure that the damage caused to the person can be repaired, as well as the circle of conditions for the right to reparation (the acquittal, the order for termination of the criminal proceedings or for the prosecution, etc.. The reparation of the damage caused by judicial and criminal prosecution errors arises at the time when the act whereby the person was convicted or illegally arrested, ie at the time when the rehabilitation act became irrevocable, was found to be illegal.

Joint Criminal Enterprise: The ICTY’s Contentious Addition to International Law

DEFF Research Database (Denmark)

Carlson, Kerstin Bree

2008-01-01

The ICTY does not merely represent a historical stage in the development of international criminal justice which can now be put aside and left to legal historians. It also has a lasting impact, due to the fact that its Rules of Procedure and Evidence are judge-made law, tested in the fire of court...... practice and frequently amended to take the latest developments into account. Finally, with the arrest of Slobodan Karadžić, a new chapter has been opened for the Court. This volume thus provides not only an account of all the debates revolving around the proper role of international criminal justice...... and a contribution to the developing academic discipline of “transitional justice”; it also opens up a perspective to the International Criminal Court and asks what procedural legacy the ad hoc tribunals for Yugoslavia and Ruanda provide for the future of international criminal procedure....

Growth and containment of a hierarchical criminal network

Science.gov (United States)

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.

Criminal investigation in the light of Law 9,034 / 95: the role of undercover agents and their criminal consequences

Directory of Open Access Journals (Sweden)

Jayme José de Souza FIlho

2012-04-01

Full Text Available Law 9034 of May 3, 1995 provides for the use of means operacionaispara prevention and prosecution of actions taken by organizations criminosas.Sofreu amendment by Law 10,217 of April 11, 2001, which entered the Brazilian legal noordenamento agents infiltration technique comoinstrumento to combat such organizations. It provides that police officers or deinteligência in any criminal prosecution phase, since autorizadosjudicialmente, can enter into criminal groups acting dissimuladamentecomo part thereof, to obtain information and evidence to reach oseu dismantling. the owners acting as agenteinfiltrado is unacceptable. It is silent on legislation about the limits and succinct with aosrequisitos relationship that should be imposed for the exercise of this method investigativo.Silenciou is still about the criminal liability of the undercover agent noexercício of its activities, thus any responsibility should serresolvidas in the field of Theory of Crime, contained in the general section of the Code Penal.Difere the undercover agent provocateur, where the first ageconstantemente passively collecting data, while the second agede actively, prompting the target (suspect to commit crimes. The evidence obtained by the undercover agent and testimony are legitimate to instruct inquiry policiale competent prosecution.

Criminalizing rape within marriage: perspectives of Ghanaian university students.

Science.gov (United States)

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.

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

Science.gov (United States)

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.

Contribution to the discussion on the criminalization of stalking

Directory of Open Access Journals (Sweden)

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.

Monopolizing Global Justice: International Criminal Law as Challenge to Human Diversity

NARCIS (Netherlands)

Werner, W.G.; Nouwen, S.

2014-01-01

Over the past two decades, international criminal law has been increasingly institutionalized and has become one of the dominant frames for defining issues of justice and conflict resolution. Indeed, international criminal law is often presented as the road towards global justice. But the rise of

32 CFR 635.18 - Identifying criminal incidents and subjects of investigation.

Science.gov (United States)

2010-07-01

... (CONTINUED) LAW ENFORCEMENT AND CRIMINAL INVESTIGATIONS LAW ENFORCEMENT REPORTING Offense Reporting § 635.18... founded offense unless adequately substantiated by police investigation. A person or entity will be... entity may have committed a criminal offense. The decision to title a person is an operational rather...

Commentary (Victim Participation in the International Criminal Court)

DEFF Research Database (Denmark)

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...

Vicarious liability and criminal prosecutions for regulatory offences.

Science.gov (United States)

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.

The efficiency of state protection of participants in criminal proceedings from the impact of organized crime

Directory of Open Access Journals (Sweden)

Silchenko V.V.

2014-12-01

Full Text Available Illegal impact on victims and witnesses has acquired “epidemic” character and is the most dangerous form of counteraction to crimes investigation and solution. Based on his own experience of ensuring the safety of persons being the subject to state protection, the author proves the relevance and usefulness of such security measures when investigating the crimes committed by organized criminal groups (particularly grave and especially grave crimes. The problem of lack of confidence of participants in criminal proceedings in their own safety and their close persons’ safety is considered. Often the police officers themselves negatively affect this situation in case they don’t know how to implement the professional solutions in ensuring these persons’ security. A direct connection of public trust in the police with their ability to provide security of criminal proceedings participants is proved. The most effective security measures are: temporary placement in a safe place, personal protection (bodyguard, home and property protection. The mass media role in covering the positive results of law enforcement agencies activities on applying security measures for criminal proceedings participants and their close relatives is shown. The expediency of applying appropriate security measures for crimes committed by organized groups and criminal networks is emphasized: 1 it contributes to the realization of the criminal law objectives and principles, minimizes the possibility of avoiding criminal liability by criminals by unlawful impact on participants in criminal proceedings; 2 confidence in one’s own and close people’s safety favorably affects criminal investigations and excludes refusals to participate in criminal proceedings.

Cultural Cleavage and Criminal Justice.

Science.gov (United States)

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,…

Author Guidelines: The Arab Journal of Forensic Sciences and Forensic Medicine (AJFSFM

Directory of Open Access Journals (Sweden)

Arab Journal of Forensic Sciences & Forensic Medicine

2017-06-01

Full Text Available The Arab Journal of Forensic Sciences and Forensic Medicine (AJFSFM is a peer-reviewed, open access (CC BY-NC, international journal for publishing original contributions in various fields of forensic science. These fields include, but are not limited to forensic pathology and histochemistry, toxicology(drugs, alcohol, etc., forensic biology (serology, human DNA profiling, entomology, population genetics, forensic chemistry(inks, paints, dyes, explosives, fire accelerants, psychiatry and hypnotics, forensic anthropology and archeology, forensic odontology, fingerprints and impressions, firearms and tool marks, white collar crimes (counterfeit and forgery; questioned documents, digital forensics; cyber-crimes, criminal justice and crime scene investigation, as well as many other disciplines where science and medicine interact with the law.

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

Science.gov (United States)

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...

THE APPLICATION OF THE SPECIALTY PRINCIPLE, CONCERNING THE SPECIAL SEIZURE IN ROMANIAN CRIMINAL LAW

Directory of Open Access Journals (Sweden)

MONICA POCORA

2011-04-01

Full Text Available This paper aims to be a comparative analysis of the special seizure as a safety measure, as it is regulated in Romanian special criminal legislation, and also a way to highlight certain discrepancies between the general and special criminal legislation. Special seizure, as a safety measure, may be disposed under Criminal Code regulations, as a general norm, but also under some stipulations included in special Criminal laws. Moreover, when there are such special stipulations, they have under the rules of specialty principle, priority in implementing to the general norm. In our opinion, in these cases, special seizure is also disposed under the Criminal Code provisions, as general norm, because the general terms nondescript by others field of incidence, are the ones who set by the Criminal law. In fact, in such cases, the special seizure is ordered under both Criminal provisions. In analysis of the paper, is made reference to the applicability of special seizure measure inmatter of corruption offences, in customs, money laundering, illicit trafficking of drugs and fisheries and fish farming, and as a result of their presentation, we concluded that although is in question the specialty principle, mainly would find application the general norm in comparison with special norm. Moreover, corroborating the actually general norm with the provisions of the New Criminal Code, we believe the special seizure, should operate exclusively under the general law, or the provisions of the special norm, should be modified.

The End of Doctrine?
On the Symbolic Function of Doctrine in Substantive Criminal Law

Directory of Open Access Journals (Sweden)

Ferry de Jong

2011-10-01

Full Text Available Recently, there have been various developments within Dutch substantive criminal-law doctrine that in some important ways suggest a shift towards a common-law conception of judicial interpretation in different topics which are central to substantive criminal law. The developments suggest that criminal-law doctrine in the Netherlands is becoming sketchier and is losing some theoretical profundity. Building on Cassirer's philosophy of symbolic forms, Shapiro's planning theory of law, and Wittgenstein's considerations on rule-following, this article aims to contribute to a description of the independent function of doctrine in substantive criminal law, by addressing the question as to how, and in what sense, doctrine 'helps' the court in applying the statutory and non-statutory criminal-law norms. It is argued that the law constitutes a 'symbolic form' that is to some extent disassociated from the social life-world, and that is construed by way of sophisticated, shared forms of 'social planning'. These forms of social planning form parts of a 'practice' governed by a specific 'legal point of view'. It is further argued that criminal-law doctrine, in a radical sense, comprises a form of proceduralization, by means of which the adjudicating judge is 'directed' to a certain position within the criminal law's symbolically construed space. It is concluded that criminal-law doctrine fulfils an important function in 'situating' the judge, and in 'prompting' or 'compelling' the judge, from his subjective position, to apply a criminal-law norm in an objectively correct manner.

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

Directory of Open Access Journals (Sweden)

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.

8 CFR 214.14 - Alien victims of certain qualifying criminal activity.

Science.gov (United States)

2010-01-01

... 8 Aliens and Nationality 1 2010-01-01 2010-01-01 false Alien victims of certain qualifying criminal activity. 214.14 Section 214.14 Aliens and Nationality DEPARTMENT OF HOMELAND SECURITY IMMIGRATION REGULATIONS NONIMMIGRANT CLASSES § 214.14 Alien victims of certain qualifying criminal activity. (a...

THE SUSPENSION OF CRIMINAL INVESTIGATION IN THE EVENT OF INCIDENCE OF A TEMPORARY LEGAL IMPEDIMENT

Directory of Open Access Journals (Sweden)

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

Precisiones teóricas sobre la subjetivación de la culpa en la mujer criminal // Theoretical precisions about guilt subjectivation in criminal woman

Directory of Open Access Journals (Sweden)

Jeannet Quiroz Bautista

2011-12-01

Full Text Available En 1916 Freud escribe “Algunos tipos de carácter dilucidados por el trabajo psicoanalítico”, en el cual se desarrollan tres caracterologías que pueden ser leídas como tres momentos de la estructura del acto criminal en relación con la culpa. Esta conceptualización freudiana del criminal contrae problemas no sólo epistemológicos sino en el trabajo clínico dentro de prisión con mujeres, ya que, siguiendo la premisa freudiana, se podría pensar que la mujer estaría determinada a priori como una criminal excepcional, por lo que carecería de los elementos suficientes para experimentar culpa, y por lo tanto para dar un sentido a la sanción penal. Este trabajo propone un acercamiento a la subjetividad femenina buscando la posibilidad de hacer aportaciones al campo del tratamiento penitenciario a partir de la premisa sobre la imperiosidad de que, quien delinque, se asuma como sujeto responsable no sólo de sus actos sino de calidad de sujeto. // In 1916 Freud wrote “Some Character-types met with in Psychoanalytic work”, where three character-types, that can be read as three structural moments of the criminal act relating to the guilt are developed. This Freudian conceptualization of the criminal brings problems either in epistemology as in the clinical work inside women in prisons. Following Freudian premise, it is possible to think that women would be determined a priori as an exceptional criminal, reason why women would lack of enough elements to experiment the guilt; in that way, giving a sense to penal punishment. This work proposes an approach to the femininity subjectivity searching the possibility to contribute to field of penitentiary treatment, starting with the premise about the imperiousness that person who commits a crime accept him/her-self as a responsible of his/her acts and accept his/her-self as a subject.

Measuring criminal thinking styles: The construct validity and utility of the PICTS in a Dutch prison sample

NARCIS (Netherlands)

Bulten, B.H.; Nijman, H.L.I.; Staak, C.P.F. van der

2009-01-01

Purpose: Criminal thinking and thinking styles are important areas in the assessment and treatment of offenders. The Psychological Inventory of Criminal Thinking Styles (PICTS: Walters, 2005) is designed to assess such criminal thinking styles. In the current study, the associations between criminal

A Swedish national twin study of criminal behavior and its violent, white-collar and property subtypes.

Science.gov (United States)

Kendler, K S; Maes, H H; Lönn, S L; Morris, N A; Lichtenstein, P; Sundquist, J; Sundquist, K

2015-08-01

We sought to clarify the etiological contribution of genetic and environmental factors to total criminal behavior (CB) measured as criminal convictions in men and women, and to violent (VCB), white-collar (WCCB) and property criminal behavior (PCB) in men only. In 21 603 twin pairs from the Swedish Twin Registry, we obtained information on all criminal convictions from 1973 to 2011 from the Swedish Crime Register. Twin modeling was performed using the OpenMx package. For all criminal convictions, heritability was estimated at around 45% in both sexes, with the shared environment accounting for 18% of the variance in liability in females and 27% in males. The correlation of these risk factors across sexes was estimated at +0.63. In men, the magnitudes of genetic and environmental influence were similar in the three criminal conviction subtypes. However, for violent and white-collar convictions, nearly half and one-third of the genetic effects were respectively unique to that criminal subtype. About half of the familial environmental effects were unique to property convictions. The familial aggregation of officially recorded CB is substantial and results from both genetic and familial environmental factors. These factors are moderately correlated across the sexes suggesting that some genetic and environmental influences on criminal convictions are unique to men and to women. Violent criminal behavior and property crime are substantially influenced respectively by genetic and shared environmental risk factors unique to that criminal subtype.

Changes to criminal records checks used to safeguard vulnerable patients.

Science.gov (United States)

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.

Legitimacy of the Restorative Justice Principle in the Context of Criminal Law Enforcement

Directory of Open Access Journals (Sweden)

- Sukardi

2014-10-01

Full Text Available This research reviews the essence of the restorative justice principle as an approach in the settlement of criminal cases, and it aims to provide an overview of the construction of the restorative justice principle in criminal law enforcement. The outcomes of the research indicate that the restorative justice principle has been subject to frequent study in its understanding as an alternative criminal case settlement method, by way of positioning outside the criminal judiciary system. As it turns out in practice, however, it has certain weaknesses, particularly in view of the accountability and legitimacy aspects of its establishment. Therefore, there is a need for a scientific investigation process for the purpose of determining the status of parties involved in a case, as well as for positioning the case concerned. Based on such view, the restorative justice principle appears to be the ideal approach to be applied in the criminal judiciary system.

Personalidad, valores y motivación criminal del sicario en México/Personality, values and criminal motivation of the hitman in Mexico

Directory of Open Access Journals (Sweden)

Arcelia Ruiz Vázquez

2017-01-01

Full Text Available El presente artículo tiene como objetivo indagar la relación entre la personalidad, los valores y la motivación criminal del sicario en México. La información es recabada a través de una escala de estimación aplicada a veintidós expertos en psicología criminal – trece psicólogos, ocho criminólogos y un jefe de seguridad penitenciaria - con al menos dos años de experiencia en el diagnóstico y/o tratamiento de población sicarial en Centros Penitenciarios, Procuradurías de Justicia, Comisión de Derechos Humanos y Fiscalías Especializadas de los estados de Michoacán, Guerrero, Aguascalientes, Nayarit, Chihuahua, y Baja California. Los resultados obtenidos permiten identificar la relación entre los rasgos de personalidad característicos de la figura sicarial, con los valores y motivaciones criminales propios de su contexto socio cultural.

Guarantee of Criminal Policy as Limited to Criminal Decisionism

Directory of Open Access Journals (Sweden)

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.

On the issue of criminal-legal protection of life of a newborn baby

Directory of Open Access Journals (Sweden)

Nina Yuryevna Skripchenko

2015-09-01

Full Text Available Objective basing on the study of criminal legislation and practice of its application in criminal cases of murder by mother of the newborn child to assess the validity of fixing in Article 106 of the Criminal code of the Russian Federation signs that allow to include the specified offence of a privileged group as well as the possibility of the release of guilty in connection with reconciliation with the victim. Methods the basis of research is universal dialectic method of cognition historical and formallegal methods and special and private law research methods including criminalstatistical method of documents analysis more than 60 sentences by the Russian courts in 20102014. Results the historicallegal analysis shows that only in the current criminal law homicide of a newborn child by the mother is classed among the privileged crimes. However the circumstances determined by the legislator as crime mitigating arouse discussion and criticism. The study of the law enforcement practice shows that in all mothers found guilty under Article 106 of the Criminal Code the goal to get rid of the child was formed long before birthgiving the murder was coldbloodedly planned and executed with great cynicism. The authors substantiate the conclusion that the signs that reduce the risk of the homicide of a newborn by the mother should include only traumatic situation and the motherrsquos state of mental disorder not excluding sanity. The paper also substantiates the proposal for a legislative ban on the termination of criminal prosecution due to reconciliation with the victim in criminal cases the consequence of which is death of a person. Scientific novelty basing on the analysis of judicial practice the sociodemographic characteristics of women is proposed who were convicted under Article 106 of the Criminal Code together with aggregate materials on the criminallegal measures applied to perpetrators. The paper formulates proposals and recommendations on

Empirical Descriptions of Criminal Sentencing Decision-Making

Directory of Open Access Journals (Sweden)

Rasmus H. Wandall

2014-05-01

Full Text Available The article addresses the widespread use of statistical causal modelling to describe criminal sentencing decision-making empirically in Scandinavia. The article describes the characteristics of this model, and on this basis discusses three aspects of sentencing decision-making that the model does not capture: 1 the role of law and legal structures in sentencing, 2 the processes of constructing law and facts as they occur in the processes of handling criminal cases, and 3 reflecting newer organisational changes to sentencing decision-making. The article argues for a stronger empirically based design of sentencing models and for a more balanced use of different social scientific methodologies and models of sentencing decision-making.

Long-term Consequences of Childhood ADHD on Criminal Activities*

OpenAIRE

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...

Money laundering: The question of precedent relevant criminal fact

Directory of Open Access Journals (Sweden)

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.

Stalking: Criminological and criminal law aspects

Directory of Open Access Journals (Sweden)

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.

An Examination of Employment and Earning Outcomes of Probationers With Criminal and Substance Use Histories

Directory of Open Access Journals (Sweden)

Sriram Chintakrindi

2015-12-01

Full Text Available There exists a strong relationship between having a criminal history and experiencing barriers to employment. Negative credentials facilitate the social and economic exclusion of individuals with criminal records. However, previous research has not concretely identified whether the stratification of economic opportunities by individual-level criminal records may be further affecting those who demonstrate substance use histories. In this study, we examine the substance use and criminal history profiles of probationers participating in an experimental drug treatment study and how probationer characteristics affect employment outcomes and gross earnings at both the 6- and 12-month follow-up periods. We hypothesize that substance use and criminal history have a main effect and interactional relationship that reduces the odds of self-reporting employment and decreases gross earnings outcomes of probationer. Our results demonstrate that substance use history and criminal history has a main effect on employment and earnings outcomes.

Are batterers different from other criminals? An fMRI study

Science.gov (United States)

Verdejo-Román, Juan; Contreras-Rodríguez, Oren; Carmona-Perera, Martina; Pérez-García, Miguel; Hidalgo-Ruzzante, Natalia

2016-01-01

Abstract Intimate partner violence (IPV) is a complex and global phenomenon that requires a multi-perspective analysis. Nevertheless, the number of neuroscientific studies conducted on this issue is scarce as compared with studies of other types of violence, and no neuroimaging studies comparing batterers to other criminals have been conducted. Thus, the main aim of this study was to compare the brain functioning of batterers to that of other criminals when they are exposed to IPV or general violence pictures. An fMRI study was conducted in 21 batterers and 20 other criminals while they observed IPV images (IPVI), general violence images (GVI) and neutral images (NI). Results demonstrated that batterers, compared with other criminals, exhibited a higher activation in the anterior and posterior cingulate cortex and in the middle prefrontal cortex and a decreased activation in the superior prefrontal cortex to IPVI compared to NI. The paired t-test comparison between IPVI and GVI for each group showed engagement of the medial prefrontal cortex, the posterior cingulate and the left angular cortices to IPVI in the batterer group only. These results could have important implications for a better understanding of the IPV phenomenon. PMID:26884544

Is the Current System of Criminal Procedure of Iran Efficient?

Directory of Open Access Journals (Sweden)

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.

Conflicts of Criminal Jurisdiction in the European Union

Directory of Open Access Journals (Sweden)

Frank Zimmermann

2015-07-01

Full Text Available Conflicts of criminal jurisdiction between the Member States belong to the most difficult challenges that the European Union has to face in order to establish a true “area of freedom, security and justice”. This article starts with an analysis of the interests that are affected by such conflicts: on the one hand, they are most problematic for the individual because they can lead to repeated or simultaneous proceedings in different Member States and forum shopping by prosecution authorities. What is more, they can even make it impossible to foresee whether and how severely an act will be punished. Thus, essential criminal law and procedure guarantees like ne bis in idem, the principle of legality, the right to a court established by law as well as the right to an effective defence are jeopardised. On the other, the Member States involved often have a legitimate interest in prosecution—or non-prosecution—and risk to spend their financial and personnel resources for ineffective parallel proceedings. In order to avoid conflicts of criminal jurisdiction, various models are conceivable. However, the most convincing one—according to the author’s opinion—builds upon a combination of different elements: a hierarchy of jurisdictional links should form the basis, but it would have to be complemented with provisions allowing for more flexibility in precisely defined circumstances. With this in mind, this article calls for the adoption of an EU regulation in order to solve the most urgent problems arising from conflicts of criminal jurisdiction and makes concrete suggestions as to its drafting.

Expertise as evidence in criminal proceedings from the Communist period until nowadays

Directory of Open Access Journals (Sweden)

Saimir Fekolli

2015-07-01

Full Text Available During their procedural activity, investigative and judicial bodies have the pressing need to make use of special knowledge in different scientific fields of technique and science in order to resolve outstanding issues related to the subject of verification, which the law has defined as subject of expertise in criminal trial. Experts’ opinion is conceived and implemented as a particular means of verification; experts help in discovering the facts that are important to finding out the truth in criminal proceedings. In addition, they ascertain the facts and give an opinion on them, as a result of specific skills they have in the field of technique, science or culture. Experts and the process conducted by them were given importance in the legislation of the Communist era particularly with the drafting of the Code of Criminal Procedure of 1979 which provides in considerable detail both the functions and the importance of expertise to resolve a criminal case. Furthermore, nowadays expertise as evidence in criminal proceedings is becoming increasingly important and is emerging, especially in view of developments in the field of Technique and Science since many criminals are very good at using innovations as a priority means for escaping detection and punishment. But on the other hand, scientific developments are increasingly cooperating with law and justice institutions to resolve the events and to provide assistance for achieving quality results in a shorter time, something that probably was unthinkable before.

Considerations concerning the criminal clause, expression of contractual principle and law abuse

Directory of Open Access Journals (Sweden)

Nora Andreea Daghie

2009-06-01

Full Text Available The criminal clause is an accessory convention through which the parts evaluate in advance the prejudiceinterestswhich come from the inexecution lato sensu of the contractual obligations. This convention named criminalclause is the expression of the contractual liberty principle and presents a singular practical utility but also someinconveniences. Thus the criminal clause allows avoiding the difficulties of judicial evaluation of prejudices-interests.In this way, the creditor is not obliged to evidence the existence and the size of the prejudice, in order to obtain thepayment of the amount of money or carrying out other patrimonial value established in the criminal clause beingsufficient the proof of non inexecution lato sensu of the contractual obligation. The criminal clause has also a strongcomminatory purpose, exercising a pressure on the debtor to make all possible to execute precisely the contractualobligation. Due to these reasons it is seen in doctrine by some of the authors as one of the main guarantees in our law.Also in the doctrine however, it is shown that the debtor can be constrained in some situations to accept establishing avery high amount in the criminal clause, sometimes with inequitable consequences, with damaging effect for thedebtor.

Page | 14 STATES' CRIMINAL JURISDICTION UNDER ...

African Journals Online (AJOL)

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 ...

Adverse Childhood Experiences and Criminal Propensity Among Intimate Partner Violence Offenders.

Science.gov (United States)

Hilton, N Zoe; Ham, Elke; Green, Michelle M

2016-10-01

Adverse childhood experiences (ACEs), defined as exposure to abuse and adverse household events, are prevalent among certain offenders including those who commit intimate partner violence (IPV). However, it is not clear how ACEs relate to criminal propensity among IPV offenders, who have been shown to exhibit less antisociality and institutional violence than other offenders. We compared 99 male offenders with a current or previous offense of IPV with 233 non-IPV violent offenders and 103 nonviolent offenders undergoing institutional forensic assessment. This convenience sample allowed for use of extensive psychosocial records as well as study of institutional violence. IPV offenders had the highest mean ACE score and more extensive criminal propensity on some measures (violent and nonviolent criminal history and psychopathy) than both other groups. ACEs were associated with most measures of criminal propensity in the whole sample but with only one (actuarial risk of violent recidivism) in the subsample of IPV offenders. Finding that ACEs are prevalent among IPV offenders even in this sample with extensive mental illness demonstrates the robustness of this phenomenon. IPV offenders, though, are similar to other violent offenders in this respect, and there is insufficient evidence that ACEs represent a criminogenic need among IPV offenders specifically. Further research could draw from the batterer typology literature and attend to IPV offenders' broader criminal careers.

Comprehensive legal aid to the participants in criminal proceedings when applying security measures

Directory of Open Access Journals (Sweden)

Fadeev P.V.

2014-12-01

Full Text Available Legal assistance to the participants in criminal procedure is represented as a complex phenomenon, including the features of international legal assistance, qualified legal assistance, as well as the activities of public authorities in criminal proceedings and professional lawyers (attorneys, advocates, representatives to assist physical and legal persons to protect, safeguard and realize their rights and interests. Legal assistance in case of threat to life, health, rights of participants in criminal proceedings is considered. The activity of certain subjects of criminal proceedings aimed at explaining the rights of crime victims is analyzed. The grounds for applying security measures are determined. Proposals for improving part 3 of article 11 of the RF Criminal Procedure Code are made: “3. In case there is a threat of causing physical, property, moral damage or other harm prohibited by criminal law to rights and legitimate interests of the victim, witness or other participants in criminal proceedings as well as their close relatives, relatives or close persons, the court (judge, the prosecutor, the head of the investigative agency, the investigator, the preliminary investigation agency take security measures, provided by part 9 of article 166, part 2 of article 186, part 8 of article 193, paragraph 4 of part 2 of article 241 and part 5 of article 278 of this Code as well as other security measures provided by the RF legislation, in respect of those persons within twenty-four hours on the basis of these persons’ written (oral statement or on their own initiative within their competence”.

Forensic DNA phenotyping in criminal investigations and criminal courts: assessing and mitigating the dilemmas inherent in the science.

Science.gov (United States)

MacLean, Charles E; Lamparello, Adam

2014-01-01

Forensic DNA Phenotyping ("FDP"), estimating the externally visible characteristics ("EVCs") of the source of human DNA left at a crime scene, is evolving from science fiction toward science fact. FDP can already identify a source's gender with 100% accuracy, and likely hair color, iris color, adult height, and a number of other EVCs with accuracy rates approaching 70%. Patent applications have been filed for approaches to generating 3D likenesses of DNA sources based on the DNA alone. Nonetheless, criminal investigators, particularly in the United States, have been reticent to apply FDP in their casework. The reticence is likely related to a number of perceived and real dilemmas associated with FDP: is FDP racial profiling, should we test unknown and unseen physical conditions, does testing for behavioral characteristics impermissibly violate the source's privacy, ought testing be permitted for samples from known sources or DNA databases, and should FDP be limited to use in investigations only or is FDP appropriate for use in a criminal court. As this article explains, although those dilemmas are substantive, they are not insurmountable, and can be quite easily managed with appropriate regulation and protocols. As FDP continues to develop, there will be less need for criminal investigators to shy away from FDP. Cold cases, missing persons, and victims in crimes without other evidence will one day soon all be well served by FDP.

Open Access for International Criminal Lawyers

NARCIS (Netherlands)

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

Association and Centrality in Criminal Networks

DEFF Research Database (Denmark)

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...

Facing Facts in International Criminal Law: A Casuistic Model of Judicial Reasoning

NARCIS (Netherlands)

Cupido, M.

2016-01-01

International criminal courts (ICCs) have made a decisive contribution to the clarification of international criminal law. By interpreting generally formulated rules, the courts have elucidated the meaning of international crimes and modes of liability. However, in applying the law to individual

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

Science.gov (United States)

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...

Pengaturan Terhadap Yurisdiksi Cyber Crime Ditinjau dari Hukum Internasional

Directory of Open Access Journals (Sweden)

Galuh Kartiko

2013-12-01

Full Text Available Abstrak      Menurut hukum internasional, negara memiliki batas-batas tertentu dalam menerapkan yurisdiksi untuk kasus yang melibatkan kepentingan negara lain. Salah satu batas tersebut dalam bentuk kewajiban setiap negara untuk menghindari kesulitan negara lain dalam upaya menerapkan yurisdiksi. Hukum  Indonesia yang mengatur cybercrime adalah Undang-undang Nomor 11 Tahun 2008 tentang Informasi dan Transaksi Elektronik ( UU ITE, bagian mengatur yurisdiksi yang bagian ke-2 mencakup dasar teritorial subjektif bagi setiap orang melakukan cybercrime dan dikualifikasi berbahaya di  Indonesia . Namun, dalam prakteknya, hal ini sulit untuk dilakukan jika kejahatan dilakukan dari luar Indonesia karena belum tentu setiap negara akan menyampaikan, meskipun UU ITE telah mengikuti ketentuan substantif dalam Konvensi tentang cybercrime,kecuali Indonesia ikut meratifikasi Konvensi cybercrime. Keuntungan Indonesia meratifikasi,  Indonesia dapat menjalin kerjasama dengan peserta dalam hal kasus cybercrime yang merugikan Indonesia terutama jika pelaku melakukan cybercrime di luar wilayah Indonesia, posisi Indonesia dapat mengajukan ekstradisi terhadap pelaku akan menjadi lebih kuat.Kata kunci: cybercrime, yurisdiksi, hukum internasional

Tax penalties : minor criminal charges?

NARCIS (Netherlands)

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

Criminal sanctions: does imprisonment strategy reduce crimes ...

African Journals Online (AJOL)

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.

The Expansion of Swiss Criminal Jurisdiction in Light of International Law