WorldWideScience

Sample records for criminalizing wmd proliferation

  1. Criminalizing WMD Proliferation: the Role of U.N. Security Council Resolution 1540

    International Nuclear Information System (INIS)

    Durbin, Karyn R.; Mladineo, Stephen V.; Vannoni, Michael G.

    2005-01-01

    The United Nations (U.N.) Security Council unanimously passed Resolution 1540 in April 2004. This landmark measure legally charges all U.N. Member States to enact and enforce effective measures to prevent the proliferation of weapons of mass destruction and their means of delivery by preventing illicit trafficking of chemical, biological, radiological, and nuclear (CBRN) materials and related technologies. Revelations regarding the expansiveness of the A.Q. Khan network provided a clear impetus for the Resolution. Resolution 1540 is distinctive because it is the first time the U.N. Security Council has required all Member States to act to prevent the illicit trafficking of CBRN materials and their means of delivery. It is also unique in that it specifically addresses prevention of CBRN proliferation and trafficking among non-state actors. The Resolution has a direct impact on the management of nuclear materials and nonproliferation policy in the future. Consequently, the INMM Nonproliferation and Arms Control Technical Division and the INMM Northeast Chapter initiated a professional workshop on March 15, 2005 to engage topical experts in a discussion of U.N. Security Council Resolution 1540. Although Resolution 1540 is now one year old and the Committee established to monitor its implementation has begun its work, many in the nonproliferation and nuclear materials management communities have not learned of the Resolution or have not yet recognized its significance. This article provides a summary of and perspectives on the workshop discussion that was conducted on a not-for-attribution basis

  2. Experience of Republic of Macedonia in Providing WMD Non-Proliferation Policy

    International Nuclear Information System (INIS)

    Mecinovic, S.

    2007-01-01

    The Republic of Macedonia as a country in transition and as a country which does not posses WMD, has accepted to developed and implemented non-proliferation policy of WMD. First of all, we accepted the definition of WMD as used in international agreements, conventions and protocol and WMD includes nuclear, biological and toxin weapons, agent and precursors. WMD in wide sense includes all toxic chemical substances if they are used as means of attack or if they are the target of attack, all microorganisms and their product, all industrial facilities that use toxic chemicals in their process of production, transport and stockpile if they are a target of military or terrorist attack. For WMD non-proliferation projects to be valid, they must be on the level and carry the weight of international policy and doctrine and involve a most comprehensive sphere of the scientific and professional communities. This is only way to implement the projects in country such is Republic of Macedonia where the public opinion is that WMD are not real security problem because we neither possess nor seek to posses these kinds of weapons. Our WMD non-proliferation policy is tied to control of weapons, agents, precursors, technology and their transfer, market and possibility of use. Because of that we try to control know terrorist organization, groups and individuals. Terrorism caused special concern and attention, particularly when we talk about terrorism with NBC weapons and radiological, chemical and biological warfare agents. Scientific and technological progress led to fact that the instruments for performing terrorism (including WMD) can be produced or procured much easier than before. Rising industry which uses toxic chemicals and microorganisms in the production process created a lot of potential targets for terrorism actions in which they can use be as a target and an executive instrument. The new goal of contemporary treats is safety of life environment, which today includes

  3. Border control and/or control of organized crime members in the scope of WMD non-proliferation politics

    International Nuclear Information System (INIS)

    Gudlin, S.

    2009-01-01

    Ex-communist countries in Southeast Europe during the 70s and 80s have been working intensively on nuclear, chemical and biological weapons development programs, and some of them have even been producing chemical and biological weapons, while the other have attained it as a part of the Warsaw Pact as allies of the USSR. The latter, although they have not been developing their own WMD had their finest experts take part in WMD development in USSR institutes, laboratories and production facilities and have therefore acquired know-how. It is a known fact that the secret police and security and intelligence service in those countries at the time recruited their informers, yes-men and operatives among criminals who were often accused of most serious crimes, as well as among officers and scientists who took part in top secret projects, such as WMD development projects. Only after the wars on the territory of former Yugoslavia, it became known that chemical and biological agents were used in the form of CB terrorism, which was organized and performed jointly by those involved in organized crime and then secret services, with the help of persons involved in nuclear-chemical-biological weapons development programs. In the last couple of years while processing mafia conflicts in ex-communist countries in Southeastern Europe fascinating information has been revealed that the people accused and often convicted because of organized crime in the past have also been members of secret police, intelligence services, special forces etc. and in closing the deals and their execution the criminals do not care about nationality and nation-state borders. The authors will try to come up with answers whether organized crime on the territory of Southeastern Europe could get hold of WMD deriving from development programs from ex-communist countries and whether these weapons will be used in their mutual conflicts and conflicts with those in power in their own or other EU countries, or they can

  4. WMD Proliferation, Globalization, and International Security: Whither the Nexus and National Security?

    Science.gov (United States)

    2006-07-01

    group Aum Shinrikyo on the Tokyo subway system, which resulted in 10 deaths, is regarded by many as the dawn of the era of modern WMD terrorism...organizations have become truly global in character. Al Qaeda, for example, is franchising operations around the world either directly or indirectly

  5. Challenges for effective WMD verification

    International Nuclear Information System (INIS)

    Andemicael, B.

    2006-01-01

    Effective verification is crucial to the fulfillment of the objectives of any disarmament treaty, not least as regards the proliferation of weapons of mass destruction (WMD). The effectiveness of the verification package depends on a number of factors, some inherent in the agreed structure and others related to the type of responses demanded by emerging challenges. The verification systems of three global agencies-the IAEA, the Comprehensive Nuclear-Test-Ban Treaty Organization (CTBTO, currently the Preparatory Commission), and the Organization for the Prohibition of Chemical Weapons (OPCW)-share similarities in their broad objectives of confidence-building and deterrence by assuring members that rigorous verification would deter or otherwise detect non-compliance. Yet they are up against various constraints and other issues, both internal and external to the treaty regime. These constraints pose major challenges to the effectiveness and reliability of the verification operations. In the nuclear field, the IAEA safeguards process was the first to evolve incrementally from modest Statute beginnings to a robust verification system under the global Treaty on the Non-Proliferation of Nuclear Weapons (NPT). The nuclear non-proliferation regime is now being supplemented by a technology-intensive verification system of the nuclear test-ban treaty (CTBT), a product of over three decades of negotiation. However, there still remain fundamental gaps and loopholes in the regime as a whole, which tend to diminish the combined effectiveness of the IAEA and the CTBT verification capabilities. He three major problems are (a) the lack of universality of membership, essentially because of the absence of three nuclear weapon-capable States-India, Pakistan and Israel-from both the NPT and the CTBT, (b) the changes in US disarmament policy, especially in the nuclear field, and (c) the failure of the Conference on Disarmament to conclude a fissile material cut-off treaty. The world is

  6. Weapons of mass destruction, WMD

    International Nuclear Information System (INIS)

    Vogel, H.

    2007-01-01

    Purpose: Since the invasion into Iraq in 2003, weapons of mass destruction (WMD), have come to general notice; they include today chemical, biological, and atomic/nuclear weapons, (CW, BW, and AW). Radiological findings shall be described. Material and methods: X-ray findings of victims of WMD are described. From CW, own observations are reported. Examples of (possible) X-ray findings of victims of BW are described. AW may induce radiation disease. Results: Exposure to sulfur-lost induces severe bronchitis; if the radiograph shows pulmonary infiltrations, the prognosis is bad; a late consequence maybe bronchiectasis. BW can be based on bacteria, virus or toxins. An approach of the X-ray findings for BW victims is based on the assumption that the disease induced by BW has the same (or a similar) clinic and radiology as that induced by the original microorganism or by the unchanged toxism. This approximation may have its limits, if the germ or toxin has been modified. In survivors of AW, the radiology is probably that of victims of thermal radiation and blast. Conclusion: WMD seem to be a real or a possible threat. They can be used in war, in terrorist attacks, in crime, and in action of secret services. In case that WMD are employed, X-ray diagnostic will be used to evaluate the prognosis (triage) and the risk of infection

  7. Weapons of mass destruction, WMD

    Energy Technology Data Exchange (ETDEWEB)

    Vogel, H. [Asklepios Klinik St. Georg, Roentgenabteilung, Lohmuehlenstrasse 5, D-20099 Hamburg (Germany)], E-mail: Hermann.vogel@ak-stgeorg.lbk-hh.de

    2007-08-15

    Purpose: Since the invasion into Iraq in 2003, weapons of mass destruction (WMD), have come to general notice; they include today chemical, biological, and atomic/nuclear weapons, (CW, BW, and AW). Radiological findings shall be described. Material and methods: X-ray findings of victims of WMD are described. From CW, own observations are reported. Examples of (possible) X-ray findings of victims of BW are described. AW may induce radiation disease. Results: Exposure to sulfur-lost induces severe bronchitis; if the radiograph shows pulmonary infiltrations, the prognosis is bad; a late consequence maybe bronchiectasis. BW can be based on bacteria, virus or toxins. An approach of the X-ray findings for BW victims is based on the assumption that the disease induced by BW has the same (or a similar) clinic and radiology as that induced by the original microorganism or by the unchanged toxism. This approximation may have its limits, if the germ or toxin has been modified. In survivors of AW, the radiology is probably that of victims of thermal radiation and blast. Conclusion: WMD seem to be a real or a possible threat. They can be used in war, in terrorist attacks, in crime, and in action of secret services. In case that WMD are employed, X-ray diagnostic will be used to evaluate the prognosis (triage) and the risk of infection.

  8. Initiatives and Challenges in Consequence Management after a WMD Attack

    Science.gov (United States)

    2004-08-01

    Challenges in Consequence Management people to seek shelter or other protection when possible, to avoid exposure to weapons of mass destruction effects . The...Potential Effects .........................................9 V. Methods for Managing the Consequences of WMD Use.................14 VI. Toward a...mass destruction (WMD). Consequence management1 is a process to mitigate the effects of the use of weapons of mass destruction, including

  9. WMD Nonproliferation: Biosecurity in the Age of Terrorism

    International Nuclear Information System (INIS)

    Phillips, C. J.; Chesser, R. K.

    2007-01-01

    The international community has cooperated in arenas where diplomacy, treaties and conventions, and international bodies such as the IAEA and UN Security Council can have successful roles controlling WMD proliferation. This especially is the case for nuclear and chemical weapons. In our view, the potential use of biological agents and toxins presents a distinctive challenge not necessarily amenable to standard solutions and legal controls. Commercial biotechnology, basic biological research, and public and animal health are intertwined and of global significance. Advancements in these civilian activities have legitimate value, but also can serve the needs of state-sponsored defensive and offensive biological weapons programs. More important, technical and scientific advances and development of public bioinformatics databases also simplifies an otherwise complex world for trans-national terrorists. In our paper we will draw upon our personal international experiences, including in the former Soviet Union and Iraq, to explain our concept of 'shared risk' within the scientific community. Personal engagement, meaningful collaboration, adherence to uniform ethics and standards, and common scientific goals on an international scale are the best hedge against bio-terrorism. The global scientific community already is based upon shared principles that cross both cultural and political boundaries and thus are pre-adapted to play a major role in preventing the use of biology as a terrorist weapon.(author)

  10. WMD Nonproliferation: Biosecurity in the Age of Terrorism

    Energy Technology Data Exchange (ETDEWEB)

    Phillips, C J [Department of Biological Sciences, Texas Tech University, Lubbock (United States); Chesser, R K [Center for Environmental Radiation Studies and Department of Biology, Texas Tech University, Lubbock (United States)

    2007-07-01

    The international community has cooperated in arenas where diplomacy, treaties and conventions, and international bodies such as the IAEA and UN Security Council can have successful roles controlling WMD proliferation. This especially is the case for nuclear and chemical weapons. In our view, the potential use of biological agents and toxins presents a distinctive challenge not necessarily amenable to standard solutions and legal controls. Commercial biotechnology, basic biological research, and public and animal health are intertwined and of global significance. Advancements in these civilian activities have legitimate value, but also can serve the needs of state-sponsored defensive and offensive biological weapons programs. More important, technical and scientific advances and development of public bioinformatics databases also simplifies an otherwise complex world for trans-national terrorists. In our paper we will draw upon our personal international experiences, including in the former Soviet Union and Iraq, to explain our concept of 'shared risk' within the scientific community. Personal engagement, meaningful collaboration, adherence to uniform ethics and standards, and common scientific goals on an international scale are the best hedge against bio-terrorism. The global scientific community already is based upon shared principles that cross both cultural and political boundaries and thus are pre-adapted to play a major role in preventing the use of biology as a terrorist weapon.(author)

  11. Framework for Analyzing the Future Threat of WMD Terrorism

    Directory of Open Access Journals (Sweden)

    James J.F. Forest

    2012-01-01

    Full Text Available This article examines theories of practical and strategic constraints that collectively explain why so few terrorist groups in history have crossed (or attempted to cross the WMD threshold. From this analysis, it becomes clear that a terrorist group's deliberations about WMD can be influenced (positively or negatively by a variety of factors. Our projections of the future WMD terrorism threat must therefore account for changes in the kinds of practical and strategic constraints that could lead to an increased willingness and/or capability of a group to pursue these kinds of weapons. Further, there are ways in which governments can influence a terrorist group's decision-making and thus have a direct impact on the future evolution of the WMD terrorism threat.

  12. 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....

  13. Impact Toughness of Steel WMD After TIG Welding

    Directory of Open Access Journals (Sweden)

    Węgrzyn T.

    2017-09-01

    Full Text Available The material selected for this investigation was low alloy weld metal deposit after TIG welding with various amount of oxygen in weld metal deposit (WMD. After TIG process it is difficult to get proper amount of oxygen in WMD on the level much lower than 350 ppm. The highest impact toughness of low alloy WMD corresponds with the amount of oxygen in WMD above 350 ppm. In the paper focuses on low alloy steel after innovate welding method with micro-jet cooling that could be treated as a chance on rising amount of oxygen in weld. Weld metal deposit (WMD was carried out for TIG welding with micro-jet cooling with various amount of oxygen in WMD. In that paper various gas mixtures (gas mixtures Ar-O2 and Ar-CO2 were tested for micro-jet cooling after TIG welding. An important role in the interpretation of the results can give methods of artificial intelligence.

  14. 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...

  15. Chemicals - potential substances for WMD creation, explosives and rocket fuel

    International Nuclear Information System (INIS)

    Vorozhtsova, M.D.; Khakimova, N.U.; Barotov, M.A.

    2010-01-01

    fluoropolymer (teflon) production, in metallurgy, during glass reprocessing and others. Chlorine trifluoride - ClF_3 - has wide range. It is applied for nuclear materials conversion, rocket fuel additive as well as for semiconductors production in military field. ClF_3 is colorless gas and has sweetish smell, toxic and strong oxidizer. In this article just some chemicals of CHW production are presented. Chemicals are also potential components of strong explosives. Explosives are known as: cyclonite, octogen, triamino trinitrobenzol, solid oxidant (for example, ammonium perchlorate) and others. Chemicals are widely used in rocket fuel production: combustible chemicals; solid and liquid oxidants; binding polymers; other additives. Solid fuel - admixture of many chemicals and connecting components and usually consist from oxidant and de oxidizer. Liquid fuel - also admixture of different liquid chemicals. Usually for rocket fuel NH_4ClO_4 is widely used, hydrazine, hydrides monomethyl, aluminium powder, AlH_3, nitrogen oxide, nitric acids. Some words about heavy water - D_2O, which is moderator in nuclear reactors, ensures continuous nuclear chain reaction with use of natural uranium. D_2O - colorless liquid, external view doesn't differ from H_2O and not radioactive. Its density is 10% more than H_2O. Thus, in this article the chemical substances are presented which are used for WMD, explosives and rocket fuel production. That's why control and exact identification of these substances is guarantee of weapons of mass destruction (WMD) non-proliferation.

  16. What are the risks of WMD by organized crime in southeast Europe

    International Nuclear Information System (INIS)

    Stipetic, D.; Krajnovic, Z.; Orehovec, Z.

    2009-01-01

    It is a well known fact that ex-communist countries in Southeast Europe during the 70s and 80s have been working intensively on nuclear, chemical and biological weapons development programs, and some of them have even been producing chemical and biological weapons, while the other have attained it as a part of the Warsaw Pact as allies of the USSR. The latter, although they have not been developing their own WMD had their finest experts take part in WMD development in USSR institutes, laboratories and production facilities and have therefore acquired know-how. It is a slightly less known fact that those projects have included persons who were loyal to the totalitarian regime, and such loyalty was proven through membership in communist parties, and very often through cooperation with secret police and services. Being a member of a secret police or secret service in those countries at the same time meant being a person of the ultimate, conspiratorial trust and trusting and serving a member of such police and service was a patriotic imperative. It is an even less know fact that the security and intelligence service in those countries at the time recruited their informers, yes-men and operatives among criminals who were often accused of most serious crimes, as well as among officers and scientists who took part in top secret projects, such as WMD development projects. Being a part of such project meant being a person of the utmost trust and significance and loyalty to the system had to be proven at any given moment. It is the least known fact that the criminals and petty offenders, as well as patriots - system defenders, who were recruited in such a way, have very often participated in assassinations of dissidents and political emigrants from the above mentioned countries. Many of these assassinations were described in the western press, where they took place, and sometimes suspicious means and methods were used resembling CRB agents, and many of those remained

  17. Managing Proliferation Issues with Iran

    International Nuclear Information System (INIS)

    Nelson, C. Richard; Saltiel, David H.

    2002-01-01

    particular, will continue to play a vital role in determining the extent to which Iran is able to pursue WMD options. Without a fundamental change in the regional security environment, however, there is little reason to expect changes in Iranian WMD and missile policies, and the United States, acting alone and short of war, cannot prevent Iran from ultimately developing WMD and delivery systems. Furthermore, U.S. policies that take a tougher line with Russia, China and North Korea are not likely to lead to more restraint among these potential sources of WMD and missile technology. In the absence of engagement with Iran, unilateral U.S. economic sanctions will remain the principal, if flawed, U.S. policy tool for seeking to prevent Iran from acquiring WMD. The rationale is that by discouraging trade and investment, particularly in Iran's energy sector, the government of Iran will have less revenue to pursue proliferation. Without broad international support for economic isolation, however, such an effort may hinder Iran's WMD programs, though it cannot block them. Finally, options are needed to deal with major failures in nonproliferation efforts. These options include measures to deter Iranian use of WMD, to defend against their use if deterrence fails, and to destroy Iranian WMD capabilities should the need arise

  18. Seaborne Delivery Interdiction of Weapons of Mass Destruction (WMD)

    Energy Technology Data Exchange (ETDEWEB)

    Glauser, H

    2011-03-03

    Over the next 10-20 years, the probability of a terrorist attack using a weapon of mass destruction (WMD) on the United States is projected to increase. At some point over the next few decades, it may be inevitable that a terrorist group will have access to a WMD. The economic and social impact of an attack using a WMD anywhere in the world would be catastrophic. For weapons developed overseas, the routes of entry are air and sea with the maritime vector as the most porous. Providing a system to track, perform a risk assessment and inspect all inbound marine traffic before it reaches US coastal cities thereby mitigating the threat has long been a goal for our government. The challenge is to do so effectively without crippling the US economy. The Portunus Project addresses only the maritime threat and builds on a robust maritime domain awareness capability. It is a process to develop the technologies, policies and practices that will enable the US to establish a waypoint for the inspection of international marine traffic, screen 100% of containerized and bulk cargo prior to entry into the US if deemed necessary, provide a palatable economic model for transshipping, grow the US economy, and improve US environmental quality. The implementation strategy is based on security risk, and the political and economic constraints of implementation. This article is meant to provide a basic understanding of how and why this may be accomplished.

  19. Criminal Compliance

    Directory of Open Access Journals (Sweden)

    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.

  20. Weapons of Mass Destruction Civil Support Teams (WMD-CST): A Necessary Failure

    National Research Council Canada - National Science Library

    Walker, Larry

    2001-01-01

    .... Unfortunately, poor program management, ineffective equipment acquisition and unclear command and control structures have made the current version of the WMD-CST teams ineffective and inspire fear...

  1. 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...

  2. Managing Proliferation Issues with Iran; FINAL

    International Nuclear Information System (INIS)

    Nelson, C. Richard; Saltiel, David H.

    2002-01-01

    particular, will continue to play a vital role in determining the extent to which Iran is able to pursue WMD options. Without a fundamental change in the regional security environment, however, there is little reason to expect changes in Iranian WMD and missile policies, and the United States, acting alone and short of war, cannot prevent Iran from ultimately developing WMD and delivery systems. Furthermore, U.S. policies that take a tougher line with Russia, China and North Korea are not likely to lead to more restraint among these potential sources of WMD and missile technology. In the absence of engagement with Iran, unilateral U.S. economic sanctions will remain the principal, if flawed, U.S. policy tool for seeking to prevent Iran from acquiring WMD. The rationale is that by discouraging trade and investment, particularly in Iran's energy sector, the government of Iran will have less revenue to pursue proliferation. Without broad international support for economic isolation, however, such an effort may hinder Iran's WMD programs, though it cannot block them. Finally, options are needed to deal with major failures in nonproliferation efforts. These options include measures to deter Iranian use of WMD, to defend against their use if deterrence fails, and to destroy Iranian WMD capabilities should the need arise

  3. 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

  4. Wake up call: Sixty ways to combat WMD

    International Nuclear Information System (INIS)

    Waengborg, M.

    2006-01-01

    Chaired by former IAEA Director General Hans Blix, the Weapons of Mass Destruction Commission attempts to tackle the seeming paradox that the key category of weapons of mass destruction-the roughly 27,000 nuclear weapons-in the hands of the established major powers are generally regarded as a legitimate source of military strength and political prestige and largely a stabilizing force, while in the hands of others are seen as an existential threat to the international community. The 14-member Weapons of Mass Destruction Commission advances the opposite perspective. Contrary to the currently fashionable rhetoric about rogue States, it takes the view that weapons of mass destruction are inherently dangerous, irrespective of whose hands they are in. Echoing the 1996 Report of the Canberra Commission on the Elimination of Nuclear Weapons, the WMDC affirms that 'so long as any State has such weapons-especially nuclear arms-others will want them. So long as any such weapons remain in any State's arsenal, there is a risk that they will one day be used, by design or accident. Any such use would be catastrophic'. This is the basic credo of the independent Weapons of Mass Destruction Commission. A recent report, issued by the WMD Commission, outlines sixty proposals on how the world could be freed of nuclear, biological and chemical weapons

  5. An Influence Analysis of Dissuading Nation States from Producing and Proliferating Weapons of Mass Destruction (WMD)

    Science.gov (United States)

    2011-03-01

    influential power over the actions taken by the nation state. Freedman 8 provided the etymology of deterrence that starts with the Latin deterre—to...to the site during this time period included an isotope production laboratory, power substations, workshops, physics and chemistry laboratories

  6. World at Risk: The Report of the Commission on the Prevention of WMD Proliferation and Terrorism

    Science.gov (United States)

    2008-12-01

    disgruntled with the amount of money he was paid and eventually quit. To con- tinue the anthrax work, al Qaeda then hired a Malaysian terrorist, Yazid...and by not stopping Chinese entities from supporting Pakistan’s strategic programs. At present, all three are expanding their nuclear arsenals with no...attack occur. Serious consideration should be given to harnessing the existing distribution networks of large retail stores and forging effective

  7. 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...

  8. 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.…

  9. 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

  10. 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...

  11. 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...

  12. 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...

  13. Robust Network Architecture Against Random Threats in WMD Environments: Theoretical Limits and Recovery Strategies

    Science.gov (United States)

    2017-08-01

    platform for agent- based electric power and communication simulation built from commercial off-the-shelf components,” Power Systems, IEEE Transactions on... communication recovery. With the increasing attention on the national infrastructure, such as civilian and military telecommunication networks, power...grids, and transportation systems, these large-scale, inter-connected networks are vulnerable to WMD attacks. Under such attacks on communication

  14. Main alloy elements in covered electrodes in terms of the amount of oxygen in weld metal deposits (WMD

    Directory of Open Access Journals (Sweden)

    T. Węgrzyn

    2012-04-01

    Full Text Available There were investigated properties of WMD, especially metallographic structure, toughness and fatigue strength of welds with various oxygen amount. The connection between the properties of welds with the content of oxygen in WMD were carried out. The research results indicate that it should be limited oxygen content in steel welds. Subsequent researchers could find more precisely the most beneficial oxygen amount in the welds in terms of the amount of acicular ferrite in welds.

  15. 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....

  16. Evaluation and Uncertainty of a New Method to Detect Suspected Nuclear and WMD Activity: Project Report

    Energy Technology Data Exchange (ETDEWEB)

    Kurzeja, R. [Savannah River Site (SRS), Aiken, SC (United States). Savannah River National Lab. (SRNL); Werth, D. [Savannah River Site (SRS), Aiken, SC (United States). Savannah River National Lab. (SRNL); Buckley, R. [Savannah River Site (SRS), Aiken, SC (United States). Savannah River National Lab. (SRNL)

    2017-09-29

    The Atmospheric Technology Group at SRNL developed a new method to detect signals from Weapons of Mass Destruction (WMD) activities in a time series of chemical measurements at a downwind location. This method was tested with radioxenon measured in Russia and Japan after the 2013 underground test in North Korea. This LDRD calculated the uncertainty in the method with the measured data and also for a case with the signal reduced to 1/10 its measured value. The research showed that the uncertainty in the calculated probability of origin from the NK test site was small enough to confirm the test. The method was also wellbehaved for small signal strengths.

  17. 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...

  18. 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.

  19. 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...

  20. 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 ...

  1. Intelligence and Nuclear Proliferation: Lessons Learned

    International Nuclear Information System (INIS)

    Hansen, Keith A.

    2011-09-01

    Intelligence agencies play a fundamental role in the prevention of nuclear proliferation, as they help to understand other countries' intentions and assess their technical capabilities and the nature of their nuclear activities. The challenges in this area remain, however, formidable. Past experiences and the discoveries of Iraq's WMD programs, of North Korean nuclear weapon program, and of Iranian activities, have put into question the ability of intelligence to monitor small, clandestine proliferation activities from either states or non-state entities. This Proliferation Paper analyzes the complex challenges intelligence faces and the various roles it plays in supporting national and international nuclear non-proliferation efforts, and reviews its track record. In an effort to shed light on the role and contribution of intelligence in national and international efforts to halt, if not prevent, further nuclear weapon proliferation, this paper first analyzes the challenges intelligence faces in monitoring small, clandestine proliferation activities and the role it plays in supporting non-proliferation efforts. It then reviews the intelligence track record in monitoring proliferation including the lessons learned from Iraq. Finally, it addresses whether it is possible for intelligence to accurately monitor future clandestine proliferation efforts. (author)

  2. Testing detachment of international criminal tribunals: Empirical evidence from the ICTY

    NARCIS (Netherlands)

    Onderco, M.; Hola, B.; Ruiter, S.

    2013-01-01

    International criminal tribunals (ICTs) constitute one of the primary examples of international institutions vested with undisputable international authority. The decisions of ICTs are final, binding on the parties to the proceedings and cannot be overturned politically. Given the proliferation of

  3. 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

  4. 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.

  5. Plastic Properties of Fine-Grained WMD After Micro-Jet Cooling

    Directory of Open Access Journals (Sweden)

    Hadryś D.

    2014-10-01

    Full Text Available Micro-jet welding is an innovative method of weld forced cooling immediately after welding. It allows to obtain weld with superior properties in comparison to conventional welding. The reason for this is to obtain a more favorable structure of the weld metal deposit (WMD with much higher amount of acicular ferrite (AF. Different structures and mechanical properties of weld metal deposit were obtained by using various gases for cooling. The paper shows the relationship between the type of gas for micro-jet cooling and plastic properties of the weld joint. Coefficient of restitution and plastic strain were selected to describe changes of weld plastic properties for different micro-jet cooling gases. The tests were performed in dynamic conditions (impact.

  6. 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...

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

    Directory of Open Access Journals (Sweden)

    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

  8. 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…

  9. 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…

  10. Strengthening the nuclear non-proliferation regime

    International Nuclear Information System (INIS)

    Carlson, J.

    2003-01-01

    Although the nuclear non-proliferation regime has enjoyed considerable success, today the regime has never been under greater threat. Three states have challenged the objectives of the NPT, and there is a technology challenge - the spread of centrifuge enrichment technology and know-how. A major issue confronting the international community is, how to deal with a determined proliferator? Despite this gloomy scenario, however, the non-proliferation regime has considerable strengths - many of which can be developed further. The regime comprises complex interacting and mutually reinforcing elements. At its centre is the NPT - with IAEA safeguards as the Treaty's verification mechanism. Important complementary elements include: restraint in the supply and the acquisition of sensitive technologies; multilateral regimes such as the CTBT and proposed FMCT; various regional and bilateral regimes; the range of security and arms control arrangements outside the nuclear area (including other WMD regimes); and the development of proliferation-resistant technologies. Especially important are political incentives and sanctions in support of non-proliferation objectives. This paper outlines some of the key issues facing the non-proliferation regime

  11. 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.

  12. 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.

  13. Human cultural and related remains from Me Aure Cave (site WMD007), Moindou, New Caledonia

    International Nuclear Information System (INIS)

    Grant-Mackie, J.A.; Sand, C.; Valentin, F.; Fitzgerald, B.M.; Richer de Forges, B.

    2013-01-01

    In 1995 a small cave near Me Aure (site WMD007) on the west coast of New Caledonia, about 120 km northwest of Noumea, was excavated and found to contain mainly owl and human midden deposits. Some of the contents have already been documented and the present paper completes the study by reporting the human-related materials, including human bone fragments, pottery sherds, bones of four rodent species, and marine mollusc and crab remains. Each of these material classes are reported separately by the authors responsible for their analysis, and the results and interpretations based on each line of evidence are compared and contrasted. The human bone and pottery data suggest a temporally constrained deposit (2750-2350 BP) that has experienced stratigraphic disturbance. This result raises doubt about the un-mixed nature of the deposit emphasized in earlier publications and it urges instead the conclusion that the Me Aure stratigraphy consists mostly of a redeposited set of horizons. If this conclusion is correct, interpretations already published relying on a fixed chronology, especially about vegetation change and avifauna depletion or early aroid introduction will need to be reconsidered. The site constitutes the first in New Caledonia for which a cave deposit has now been fully analysed. (author). 36 refs., 11 figs., 9 tabs.

  14. Combating WMD: Journal of the U.S. Army Nuclear and CWMD Agency. Issue 5, Spring/Summer 2010

    Science.gov (United States)

    2010-06-01

    term, ―epidemic,‖ is a word whose origin lies with Greek : ―epi + demos,‖ meaning ―Upon people.‖ 1 An epidemic, is therefore, a disease that...remains in a limited geographic re- gion, but may be widespread among the population of that region. The term, ―pandemic,‖ is a word of Greek origin...Combating WMD Journal Issue 5 44 marbles would be dropped in case of an emergency for safe

  15. 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...

  16. 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....

  17. 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 ...

  18. 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.

  19. Australian Safeguards and Non-Proliferation Office, Annual Report 2001-2002

    International Nuclear Information System (INIS)

    2002-01-01

    During the year Australian Safeguards and Non-Proliferation Office (ASNO) continued our substantial contribution to the development and strengthening of international verification regimes concerned with weapons of mass destruction (WMD). Domestically, ASNO conducted, or contributed to, review of WMD- related legislation and administration, amending permits to enhance security arrangements, and beginning development of supporting legislative changes. Another major area of work is the replacement research reactor project, where ASNO has been closely involved through safeguards and security aspects. This year has been dominated by the terrorist attacks of 11 September 2001 on the United States, and ongoing consequences. These events, and the concern that terrorists would use WMD if they were able to acquire them, have served to emphasise the importance of effective counter-proliferation and counter-terrorism measures to complement the non-proliferation regimes. They have also focused attention on the need to deal with non- compliance with WMD treaty commitments. The key achivements reported for the year under review include: 1. All treaty and statutory requirements met in respect of: nuclear material and nuclear items in Australia, Australian uranium exports (Australian Obligated Nuclear Material), chemicals covered by the CWC (Chemical Weapons Convention) and establishment of CTBT(Comprehensive Nuclear-Test-Ban Treaty) monitoring stations; 2. Effective contribution to strengthening non-proliferation verification regimes and counter terrorism initiatives: ongoing support for IAEA safeguards development, regional outreach on IAEA safeguards, CWC implementation and encouraging CTBT ratification, ANSTO security upgraded; security plan approved for construction of replacement research reactor, review, with other responsible authorities, of security of CWC related chemicals, and radiation sources

  20. Victim-induced criminality.

    Science.gov (United States)

    Fooner, M

    1966-09-02

    In summary, there are certain issues that need to be dealt with if a coherent system of victim compensation is to be created. 1) Is the victim's entitlement to compensation qualified by his behavior in connection with the crime? If a Texas tycoon visits a clip joint, flashes a fat roll of bills, and gets hit on the head and rolled, is he entitled to compensation? If a man enters into a liaison with another's wife and gets shot by the husband, should his dependents be compensated? If a woman goes walking alone in a disreputable neighborhood and is assaulted, is she entitled to compensation? Unless the answer to such questions is a flat "yes," the adjudication of victim compensation as a "right" would be embarkation upon a vast sea of confusion. On the surface it may seem simpler to bypass the issue of "right" and declare for victim compensation as a matter of social policy-a logical extension of the welfare state approach. But the apparent simplicity may quickly prove illusory, in light of the second issue. 2) Is the victim's entitlement to compensation on the basis of indigency to be qualified by the requirement that an offender be apprehended and his guilt determined by a court? There are two levels to this problem. First, if a severely injured man reports to police that he has been mugged and robbed and if the police cannot apprehend a suspect, how is the administrator of compensation to know that the man is in fact the victim of a crime? The administrator of compensation must determine whether the episode was a criminal act or an argument-and who started it, and who precipitated the violence. What shall be the role of the witnesses, and of investigators? More important is the second level of the problem: How will law-enforcement of ficials and the courts evaluate the testimony of the victim if compensation of the victim may be at stake? In the evaluation of proposals for victim compensation, criminologists may need to think very hard about such questions and

  1. [The pedophilic criminal].

    Science.gov (United States)

    Heim, M; Morgner, J

    1985-02-01

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

  2. 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)

  3. 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)

  4. 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.

  5. 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...

  6. Constitutional collisions of criminal law

    Directory of Open Access Journals (Sweden)

    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.

  7. 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.

  8. 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.

  9. Objective Truth Institution in Criminal Procedure

    Directory of Open Access Journals (Sweden)

    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”

  10. 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...

  11. 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.

  12. 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...

  13. 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 ...

  14. Reflections on Arguing over Proliferation in 2012

    International Nuclear Information System (INIS)

    Schulte, Paul

    2012-08-01

    The Non-Aligned Movement and others question non-proliferation for preserving an unfair world order, and export restrictions as aimed to protect lucrative technical monopolies. They repeatedly argue that the assurances of all states should be taken at face value, and national sovereignty outweighs access for inspections or convincing concrete answers to serious compliance questions. They privilege Westphalian Opacity over technical accountability. But recent events show how far deception, denial and defiant opacity have created the global WMD landscape. One example is the Iranian nuclear compliance crisis: Iran refuses questions, denounces evidence as 'false', and declines worthwhile investigatory dialogue. This autistic behaviour would hollow out any system of global control. Other countries have also apparently enriched small quantities of uranium or deny IAEA inspectors control of specific installations at enrichment facilities. As regards terrorism and WMD related materials, the 2006 Litvinenko case involved state-enabled radiological murder. A new UK judicial enquiry is announced, but normalisation will continue, to facilitate relations with the impenitent Russian state. Similarly no effective further enquiry is expected into Soviet BW research. Yet a major new book (Leitenberg and Zilinskas, 'The Soviet Biological Weapons Program') concludes that 'whatever genetically engineered bacterial and viral forms were created (...) remain stored in the culture collections of the Russian Federation Ministry of Defense', As for Syria, the Assad regime adopted tactics like Iran's to build a 'ballistic-chemical-biological nexus'. Now fears grow that Syria's chemical stocks cannot be safeguarded during a Civil War and that the nexus will spread to Hezbollah. Yet developing states most driven to acquire WMD turn out to be similar unstable autocracies. Syria joined the NPT but refused investigations or plausible answers over the radioactive facility bombed by Israel in

  15. Murder in French criminal law

    Directory of Open Access Journals (Sweden)

    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.

  16. Proliferation risks

    International Nuclear Information System (INIS)

    Carchon, R.

    1998-09-01

    The report gives an overview of different aspects related to safeguards of fissile materials. Existing treaties including the Non-Proliferation Treaty, and the Tlatelolco and the Rarotonga Treaties are discussed. An overview of safeguards systems for the control of fissile materials as well as the role of various authorities is given. An overall overview of proliferation risks, the physical protection of fissile materials and the trade in fissile materials is given. Finally, the status in problem countries and de facto nuclear weapon states is discussed

  17. Strengthening the non proliferation regime: French views

    International Nuclear Information System (INIS)

    Delaune, P.

    2013-01-01

    3 main issues can be identified in the French policy concerning the backing of non proliferation: 1) responding resolutely to proliferation crises, 2) reinforcing substantive efforts to prevent and impede proliferation, and 3) strengthening the non-proliferation regime. The first issue is very important because combating proliferation is vital to the security of all. Concerning the second issue, France attaches particular importance to strengthening specific measures to prevent and check proliferation. Let me mention a few proposals that we put forward: exports need to be controlled more effectively, proliferation activities have to be criminalized, or the development of proliferation-resistant technologies should be supported. Concerning the third issue it means the strengthening of the non-proliferation regime, France proposes several means: -) aiming at the universalization of the additional protocol; -) ensuring that the Agency continues to have sufficient human, financial and technical resources to fulfill its verification mission effectively; -) encouraging the IAEA to make full use of the authority available to it; -) enhancing the use of information relevant to the delivery of the IAEA mandate; and -) sharing more accurate information concerning the breaches of commitments that happen. The paper is followed by the slides of the presentation. (A.C.)

  18. 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.

  19. Criminal Liability for Human Abduction​

    Directory of Open Access Journals (Sweden)

    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.

  20. 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.

  1. 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....

  2. 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...

  3. 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.

  4. 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...

  5. 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

  6. 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…

  7. Nuclear proliferation

    International Nuclear Information System (INIS)

    Stencel, S.

    1978-01-01

    The terms and reactions to President Carter's nuclear policy, culminating in the 1978 Nuclear Non-Proliferation Act, are reviewed and analyzed. The new law increases restrictions on nuclear exports, encourages continued use of light water reactors in preference to plutonium-fueled reactors, and emphasizes technical solutions to proliferation problems. Critics of the law point out that it will hurt U.S. trade unfairly, that other countries do not have as many fuel options as the U.S. has, and that nuclear sales have as many political and economic as technical solutions. Compromise areas include new international safety guidelines, the possibility of an international nuclear fuel bank, and a willingness to consider each case on its merits. 21 references

  8. 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

  9. 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,…

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

    Directory of Open Access Journals (Sweden)

    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.

  11. 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.

  12. 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.

  13. 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.

  14. Preventing proliferation

    International Nuclear Information System (INIS)

    Rathjens, G.

    1983-01-01

    Challenging the argument that nuclear proliferation may be stabilizing, the author cites the Israeli attack on Iraq as evidence that emergent nuclear states may be moved to attack their adversaries.The larger the number of decision makers who can unleash nuclear weapons, the greater the liklihood of their use. Several reasons are cited for nations to seek nuclear capability: the accelerated spread of technology, the deterioration in US-Soviet relations and strength relative to their nations, the high cost of conventional weapons, and a loss of confidence in the international safeguards system. The imposition of constraints, such as a Comprehensive Test Ban Treaty, on nuclear trade and technology transfer are likely to have a high cost. The US position on this issue is likely to be determined by the balance of power with the Soviet Union. 5 references

  15. 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.

  16. 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.

  17. 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.

  18. 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.

  19. 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.

  20. A triangle model of criminality

    OpenAIRE

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

    2008-01-01

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

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

    Directory of Open Access Journals (Sweden)

    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.

  2. 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.

  3. 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...

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

    Directory of Open Access Journals (Sweden)

    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.

  5. 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.

  6. 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

  7. 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

  8. 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.

  9. Judicial Functions in the Criminal Trial

    Directory of Open Access Journals (Sweden)

    Constantin Tănase

    2014-05-01

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

  10. 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.

  11. 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

  12. Criminal tendencies and psychological testing

    Directory of Open Access Journals (Sweden)

    Sobchik L. N.

    2017-04-01

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

  13. Criminal Courts of Justice, Dublin

    Directory of Open Access Journals (Sweden)

    Jonathan Tooth

    2012-04-01

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

  14. Protecting Children Rights under International Criminal Justice

    Directory of Open Access Journals (Sweden)

    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.

  15. Reinterpreting Libya's WMD Turnaround

    DEFF Research Database (Denmark)

    Jakobsen, Peter Viggo

    2012-01-01

    The dominant explanations of Libya’s nuclear reversal in 2003 privilege either coercion or carrots treating these instruments as alternatives. In doing so they ignore that it took a combination of coercion, carrots and confidence-building to turn Libya around. This article demonstrates this by de...

  16. A controlled evaluation of case clinical effect coding by poison center specialists for detection of WMD scenarios.

    Science.gov (United States)

    Beuhler, Michael C; Wittler, Mary A; Ford, Marsha; Dulaney, Anna R

    2011-08-01

    Many public health entities employ computer-based syndromic surveillance to monitor for aberrations including possible exposures to weapons of mass destruction (WMD). Often, this is done by screening signs and symptoms reported for cases against syndromic definitions. Poison centers (PCs) may offer significant contributions to public health surveillance because of their detailed clinical effect data field coding and real-time data entry. Because improper clinical effect coding may impede syndromic surveillance, it is important to assess this accuracy for PCs. An AAPCC-certified regional PC assessed the accuracy of clinical effect coding by specialists in poison information (SPIs) listening to audio recordings of standard cases. Eighteen different standardized cases were used, consisting of six cyanide, six botulism, and six control cases. Cases were scripted to simulate clinically relevant telephone conversations and converted to audio recordings. Ten SPIs were randomly selected from the center's staff to listen to and code case information from the recorded cases. Kappa scores and the percentage of correctly coding a present clinical effect were calculated for individual clinical effects summed over all test cases along with corresponding 95% confidence intervals. The rate of the case coding by the SPIs triggering the PC's automated botulism and cyanide alerts was also determined. The kappa scores and the percentage of correctly coding a present clinical effect varied depending on the specific clinical effect, with greater accuracy observed for the clinical effects of vomiting and agitation/irritability, and poor accuracy observed for the clinical effects of visual defect and anion gap increase. Lack of correct coding resulted in only 60 and 86% of the cases that met the botulism and cyanide surveillance definitions, respectively, triggering the corresponding alert. There was no difference observed in the percentage of coding a present clinical effect between

  17. 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...

  18. 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

  19. 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 ...

  20. 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 ...

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

    Science.gov (United States)

    Walters, Glenn D

    2005-02-01

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

  2. 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.

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

    Directory of Open Access Journals (Sweden)

    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.

  4. 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...

  5. 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.

  6. 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...

  7. 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 ...

  8. 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...

  9. 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.

  10. Are Celebrities Criminally Responsible For Deceptive Advertising?

    Institute of Scientific and Technical Information of China (English)

    2010-01-01

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

  11. Employers liability to the international criminal court

    Directory of Open Access Journals (Sweden)

    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.

  12. 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...

  13. 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...

  14. 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...

  15. 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...

  16. 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

  17. 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

  18. 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....

  19. New trends of activity on supporting of non-proliferation regime

    International Nuclear Information System (INIS)

    Issaeva, G.M.; Tyupkina, O.G.

    2002-01-01

    Taking into account the necessity of all possible strengthening of non-proliferation regimes Kazakhstan participates in a number of agreements and associations: Nuclear Non-proliferation Treaty, Comprehensive Test-Ban-Treaty, International Atomic Energy Agency, Nuclear Supplier Group, Missile Technology Control Regime, Conference on Disarmament, etc. The Cooperative Threat Reduction Program (CTR) greatly influenced on the development on non-proliferation regime in Kazakhstan. During initial stage of CTR activity (1993-1995) military projects prevailed. Later (1995-1997) the projects on liquidation of infrastructure for nuclear and bio- weapons were successfully realized. Last years, since 1999, the attention was shifted towards proliferation prevention of hazardous nuclear and biological materials. Recent terrorist acts and world community activity on global safety strengthening underline an urgency of quite new problems that entirely applied to Kazakhstan: monitoring of hazardous materials; enhancement of safety systems of 'risky' facilities and technologies; creation and/or upgrading of safety systems for industry infrastructure. The proposals of these new trends of non-proliferation have been developed. Development of physical protection system for oil and gas industry infrastructure of Kazakhstan based on safety concepts of nuclear facilities; Evaluation of radionuclide contamination and safety of oil and gas facilities of the Caspian region; Counteraction to nuclear materials proliferation; Cooperative approaches in preventing/reducing of illicit trafficking and use of WMD-related explosive materials. Implementation of the project would make of substantial contribution to successful solution of either regional or global safety problem

  20. Cognitive fallacies and criminal investigations.

    Science.gov (United States)

    Ditrich, Hans

    2015-03-01

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

  1. 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

  2. The suspended sentence in German criminal law

    Directory of Open Access Journals (Sweden)

    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

  3. Administrative prejudgment in the Russian criminal law

    Directory of Open Access Journals (Sweden)

    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

  4. Use of SAR data for proliferation monitoring

    International Nuclear Information System (INIS)

    Lafitte, M.; Robin, J.P.

    2013-01-01

    Synthetic Aperture Radar (SAR) is an active and coherent system. SAR images are complex data which contain both amplitude and phase information. The analysis of single SAR data required a very good experience and a good understanding of SAR geometry regarding layover, shadowing, texture and speckle. Image analyst can depicts and describes most of the facilities related to nuclear proliferation and weapons of mass destruction (WMD). The Amplitude Change Detection (ACD) technique consists of a combination of two or three SAR amplitude data acquired with similar orbit and frequency parameters on different dates. That technique provides a very good overview of the changes and particularly regarding vehicles activity and constructions ongoing within the area of interest over the monitoring period. One of the particularities of the SAR systems is to be coherent. The phase of a single image is not exploitable. Thus when two or more SAR data have been acquired with identical orbit and frequency parameters, the phases shift are indicators of changes such as structural changes, terrain subsidence or motion. The Multi-Temporal Coherence (MTC) product merged the two type of information previously detailed: the ACD and coherence analysis. It consists of the combination of two amplitude images and the corresponding coherence computed image. The MTC image may highlights changes between two states of a target which on the ACD analysis appeared unchanged. EUSC uses the difference interferometry techniques in order to estimate volumes that have changed between two acquisition dates. The paper is followed by the slides of the presentation. (A.C.)

  5. The threat of proliferation

    International Nuclear Information System (INIS)

    Palme, Olof.

    1986-01-01

    The paper on the threat of proliferation, is a keynote speech delivered to the Colloquium on Nuclear War, Nuclear Proliferation and their Consequences, Geneva, 1985. Topics discussed in the address include: nuclear weapons, nuclear war, terrorists, Non-Proliferation Treaty, nuclear disarmament, and leadership in world affairs. (UK)

  6. Intelligence as evidence in criminal proceedings

    Directory of Open Access Journals (Sweden)

    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.

  7. Fissile material proliferation risk

    International Nuclear Information System (INIS)

    Dreicer, J.S.; Rutherford, D.A.

    1996-01-01

    The proliferation risk of a facility depends on the material attractiveness, level of safeguards, and physical protection applied to the material in conjunction with an assessment of the impact of the socioeconomic circumstances and threat environment. Proliferation risk is a complementary extension of proliferation resistance. The authors believe a better determination of nuclear proliferation can be achieved by establishing the proliferation risk for facilities that contain nuclear material. Developing a method that incorporates the socioeconomic circumstances and threat environment inherent to each country enables a global proliferation assessment. To effectively reduce the nuclear danger, a broadly based set of criteria is needed that provides the capability to relatively assess a wide range of nuclear related sites and facilities in different countries and still ensure a global decrease in proliferation risk for fissile material (plutonium and highly enriched uranium)

  8. [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.

  9. Conflicts of Jurisdiction in Criminal Proceedings

    Directory of Open Access Journals (Sweden)

    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.

  10. 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.

  11. BRIEF CONSIDERATIONS REGARDING MEDIATION IN CRIMINAL MATTERS

    Directory of Open Access Journals (Sweden)

    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."

  12. Criminal aspect of injuries in sports

    Directory of Open Access Journals (Sweden)

    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.

  13. Criminal Policy Movements and Legal Education

    Directory of Open Access Journals (Sweden)

    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.

  14. 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

  15. 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...

  16. 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

  17. 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...

  18. 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

  19. 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.

  20. Physical protection and its role in nuclear non-proliferation

    International Nuclear Information System (INIS)

    Nilsson, A.

    1999-01-01

    Non-proliferation of nuclear weapons has been one of the main concerns of the international community since the first nuclear weapons were developed. To prevent the proliferation of nuclear weapons has been on the agenda for individual States, groups of States and the international organizations. A number of treaties, conventions and agreements, the most important being the Non-Proliferation Treaty, have been negotiated to prevent the horizontal proliferation of nuclear weapons. States have concluded safeguards agreements with the IAEA to fulfill their obligations according to Article III.1 of the NPT. Other agreements relate to the prevention of vertical proliferation and also to the disarmament of nuclear weapons. It has also been recognized that sub-national, terrorist, or criminal activities may pose a proliferation risk. Illicit trafficking of nuclear material, particularly highly enriched uranium or plutonium, is a non-proliferation concern. States have recognized the need to prevent, as far as possible, the use of nuclear material in unlawful activities. The Convention of Physical Protection of Nuclear Materials, obligates the State Parties to protect nuclear material from theft during international transport, and to make unlawful possession, use, etc., of nuclear material a criminal offense, subject to punishment under national law. Although the physical protection convention recognizes the importance of the physical protection of nuclear material in domestic use, storage and transport, it does not obligate the State party to establish the necessary systems for this purpose. It is this limitation which led many States to believe that the international physical protection regime needs to be strengthened. Although not legally binding per se, the recommendations documented in INFCIRC/225/Rev. 4, The Physical Protection of Nuclear Material and Nuclear Facilities, has obtained wide recognition. There is recognition among States that protecting nuclear material

  1. 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 ...

  2. 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...

  3. 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...

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

    Directory of Open Access Journals (Sweden)

    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.

  5. 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,

  6. 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...

  7. 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...

  8. 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...

  9. 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...

  10. 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...

  11. 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…

  12. 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 ...

  13. 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

  14. 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...

  15. 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.…

  16. 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…

  17. Proliferation: myth or reality?

    International Nuclear Information System (INIS)

    2005-01-01

    This article analyzes the proliferation approach, its technical condition and political motivation, and the share between the myth (political deception, assumptions and extrapolations) and the reality of proliferation. Its appreciation is complicated by the irrational behaviour of some political actors and by the significant loss of the non-use taboo. The control of technologies is an important element for proliferation slowing down but an efficient and autonomous intelligence system remains indispensable. (J.S.)

  18. Strategies for Reducing Criminal Violence among Athletes.

    Science.gov (United States)

    Staffo, Donald F.

    2001-01-01

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

  19. Criminal violence and displacement in Mexico

    Directory of Open Access Journals (Sweden)

    Sebastián Albuja

    2014-02-01

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

  20. Challenging international criminal tribunals before domestic courts

    NARCIS (Netherlands)

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

    2011-01-01

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

  1. 22 CFR 1101.16 - Criminal penalties.

    Science.gov (United States)

    2010-04-01

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

  2. 25 CFR 11.410 - Criminal mischief.

    Science.gov (United States)

    2010-04-01

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

  3. CRIMINAL PSYCHOLOGY IN SPAIN: PRESENT AND FUTURE

    Directory of Open Access Journals (Sweden)

    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.

  4. 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.

  5. 17 CFR 14.5 - Criminal conviction.

    Science.gov (United States)

    2010-04-01

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

  6. The Hispanic Experience of Criminal Justice.

    Science.gov (United States)

    Sissons, Peter L.

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

  7. Criminal Justice Research Is about People.

    Science.gov (United States)

    Conrad, John P.

    1982-01-01

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

  8. Becoming Criminal: The Cultural Politics of Risk

    Science.gov (United States)

    Armstrong, Derrick

    2006-01-01

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

  9. 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

  10. 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...

  11. 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.

  12. 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...

  13. 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...

  14. 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

  15. Criminal proceedings involving children in conflict with the law

    Directory of Open Access Journals (Sweden)

    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.

  16. 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.

  17. Director's series on proliferation

    International Nuclear Information System (INIS)

    Bailey, K.C.; Price, M.E.

    1995-01-01

    This is an occasional publication of essays on the topics of nuclear, chemical, biological, and missile proliferation. The views represented are those of the author's. Essay topics include: Nuclear Proliferation: Myth and Reality; Problems of Enforcing Compliance with Arms Control Agreements; The Unreliability of the Russian Officer Corps: Reluctant Domestic Warriors; and Russia's Nuclear Legacy

  18. 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.

  19. Proliferation Networks and Financing

    International Nuclear Information System (INIS)

    Gruselle, Bruno

    2007-01-01

    The objective of this study is to propose practical solutions aimed at completing and strengthening the existing arrangement for the control of nuclear proliferation through a control of financial as well as material or immaterial flows. In a first part, the author proposes a systemic analysis of networks of suppliers and demanders. He notably evokes the Khan's network and the Iraqi acquisition network during the 1993-2001 period. He also proposes a modelling of proliferation networks (supplier networks and acquisition networks) and of their interactions. In a second part, the author examines possible means and policies aimed at neutralising proliferation networks: organisation, adaptation and improvement of intelligence tools in front of proliferation networks, and means, limitations and perspectives of network neutralisation. He also briefly addresses the possibility of military action to contain proliferation flows

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

    Directory of Open Access Journals (Sweden)

    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

  1. 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

  2. The Other Special Relationship: The United States and Australia at the Start of the 21st Century

    Science.gov (United States)

    2007-02-01

    Post columnist Charles Krauthammer highlighted this reality in noting that “Australia is the only country that has fought with the United States in...scenarios in which terrorist networks, WMD proliferation, state weakness, and criminal syndicates might feed off each other in malign ways. The real

  3. 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...

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

    Directory of Open Access Journals (Sweden)

    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.

  5. The interaction of criminal procedure and outcome.

    Science.gov (United States)

    Laxminarayan, Malini; Pemberton, Antony

    2014-01-01

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

  6. Criminal recidivism in sexual homicide perpetrators.

    Science.gov (United States)

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

    2008-02-01

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

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

    Science.gov (United States)

    Addad, M; Leslau, A

    1989-01-01

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

  8. Crime and criminal justice in Latin America

    Directory of Open Access Journals (Sweden)

    Rodrigo Ghiringhelli de Azevedo

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

  9. 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

  10. Non-proliferation

    International Nuclear Information System (INIS)

    Manley, I.T.

    1981-01-01

    Proliferation is a problem that can only be solved when the political problems which lead countries to contemplate, the possession of nuclear weapons are solved; in the meantime it can only be managed. Non-proliferation policy has to deal both with the political and the technical aspects of proliferation. It must seek to buy time by addressing the reasons why nations feel the political need to construct nuclear weapons, as well as delaying the moment when such nations feel capable of doing so. The subject is examined and proposals made. (author)

  11. Getting serious about proliferation

    International Nuclear Information System (INIS)

    Leventhal, P.

    1984-01-01

    The US needs to give a higher priority to nuclear non-proliferation, but Reagan's policies assume that proliferation is inevitable and that it is more important to be a reliable supplier than to cause trade frictions by trading only with those nations which sign the non-proliferation treaty (NPT). This undercuts US leadership and the intent of the agreement. Several bills now before Congress could help to restore US leadership by tightening export restrictions and the use of plutonium from the US

  12. Transnational Crime Fictions and Argentina's Criminal State

    OpenAIRE

    Caballero, Juan

    2013-01-01

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

  13. DETERMINATION OF POTENTIAL CRIMINALS IN SOCIAL NETWORK

    OpenAIRE

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

    2017-01-01

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

  14. 12 CFR 1403.11 - Criminal penalties.

    Science.gov (United States)

    2010-01-01

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

  15. Protecting Children Rights under International Criminal Justice

    OpenAIRE

    Erinda Duraj (Male)

    2015-01-01

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

  16. Criminal Homicide Because of Blood Feud

    OpenAIRE

    Leyla Cak›c› Gercek; Jale Bafra

    2005-01-01

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

  17. Registered criminality and sanctioning of schizophrenia patients

    DEFF Research Database (Denmark)

    Munkner, Runa; Haastrup, Soeren; Joergensen, Torben

    2009-01-01

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

  18. The Relevant Physical Trace in Criminal Investigation

    Directory of Open Access Journals (Sweden)

    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.

  19. Behavioral Genetics in Criminal and Civil Courts.

    Science.gov (United States)

    Sabatello, Maya; Appelbaum, Paul S

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

  20. The reaction to femicide in criminal law

    Directory of Open Access Journals (Sweden)

    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.

  1. 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.

  2. CRIMINALITY AT MINORS WITH MENTAL DEFICIENCY

    Directory of Open Access Journals (Sweden)

    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.

  3. Nuclear proliferation and terrorism

    International Nuclear Information System (INIS)

    Anon.

    1977-01-01

    This section of the book, Part III, has two chapters (9 and 10). Chapter 9, Nuclear Power and Proliferation of Nuclear Weapons, is disucssed under these subjects: nuclear nonproliferation: origins and status; requirements for nuclear weapons manufacture; current nuclear programs and proliferation capabilities; encouraging decisions to forego weapons; arms control; safeguards; attitudes and expectations. Chapter 10, Nuclear Terrorism, discusses these areas: theft of nuclear materials; attacks on nuclear reactors; responding to nuclear terrorism; security and civil liberties

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

    Directory of Open Access Journals (Sweden)

    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.

  5. 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.

  6. 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.

  7. 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...

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

    Directory of Open Access Journals (Sweden)

    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.

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

    National Research Council Canada - National Science Library

    Garcia, Michael J

    2004-01-01

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

  10. Issues of remedial development of forms in criminal proceedings

    Directory of Open Access Journals (Sweden)

    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.

  11. How we think about peace and security. The ABCs of initiatives for disarmament and non-proliferation education

    International Nuclear Information System (INIS)

    Toki, Masako; Potter, William C.

    2005-01-01

    Education and training are among the most important but underutilized tools for promoting disarmament and non-proliferation. Although few national governments or international organizations have invested significantly in such training programs, there is a growing recognition among States of the need to rectify this situation. This positive development is reflected in the broad support for recommendations of a UN study on Disarmament and Non-Proliferation Education and in related initiatives within the review process of the Nuclear Non-Proliferation Treaty (NPT). In view of the forthcoming 2005 NPT Review Conference, it is useful to take stock of the implementation of the UN study's recommendations. In particular, it is important to observe the progress that has been made within the context of the NPT review process, as well as the obstacles that must be overcome if the full potential for disarmament and non-proliferation education is to be realized. Resources on disarmament and non-proliferation education are increasingly available on the Internet. The UN Department for Disarmament Affairs has launched new features on its web site that include links to academic institutes, governmental centers, NGOs and other bodies engaged in educational efforts. As part of its mission to combat the spread of weapons of mass destruction (WMD) by training the next generation of nonproliferation specialists and raising global public awareness on WMD issues, the Center for Nonproliferation Studies (CNS) has developed a series of tutorials for non-proliferation and disarmament education. Among these tutorials, the NPT Tutorial has been designed to educate and provide useful material about the treaty through interactive text and enriched multimedia segments, including timelines, maps, and numerous links to relevant resources. Among other resources are teaching guides developed by the Monterey Institute's Center for Nonproliferation Studies through its Critical Issues Forum (CIF). More

  12. 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 ...

  13. 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

  14. 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?

  15. Criminal Responsibility, Free Will, and Neuroscience

    Science.gov (United States)

    Hodgson, David

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

  16. Criminal psychological profiling of serial arson crimes.

    Science.gov (United States)

    Kocsis, Richard N; Cooksey, Ray W

    2002-12-01

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

  17. Nuclear non-proliferation

    International Nuclear Information System (INIS)

    Anon.

    1984-01-01

    DOE's nuclear non-proliferation responsibilities are defined by the provisions of the Atomic Energy Act of 1954, as amended, and of the Nuclear Non-Proliferation Act of 1978 (NNPA). The Department's major responsibilities in this area are to: (1) provide technical assistance to the Department of State in negotiating agreements for civil cooperation in the peaceful uses of nuclear energy with other countries and international organizations; (2) join with other agencies to reach executive branch judgments with respect to the issuance of export licenses by the Nuclear Regulatory Commission; (3) be responsible for processing subsequent arrangements with other agencies as required by the Nuclear Non-Proliferation Act; (4) control the distribution of special nuclear materials, components, equipment, and nuclear technology exports; (5) participate in bilateral and multilateral cooperation with foreign governments and organizations to promote the peaceful uses of nuclear energy; and (6) act as a primary technical resource with respect to US participation in the International Atomic Energy Agency

  18. Dynamics of nuclear proliferation

    International Nuclear Information System (INIS)

    Meyer, S.M.

    1984-01-01

    This book looks beyond policy disputes to make a systematic examination of the assumptions and contending hypotheses that constitute contemporary thinking on nuclear proliferation. Rather than determine who is right or wrong, the intent is to develop a better picture by using the various schools of thought as analytic windows. A better understanding of how the process operates should offer better guidance for predicting future nuclear proliferation and, ultimately, for controlling it. Separate chapters deal with the contending views, the technological and motivational bases of nuclear proliferation, the presence of a technological imperative, testing the motivational hypothesis, the dynamics of the process, and forecasting. Four appendices present historical decisions, the technical model, cost-estimating procedures, and procedures for estimating nuclear propensities. 288 references, 17 figures, 26 tables

  19. 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.

  20. 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.

  1. 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

  2. Proliferation resistance modeling

    International Nuclear Information System (INIS)

    Bari, R.; Peterson, P.; Roglans, J.; Mladineo, S.; Nuclear Engineering Division; BNL; Univ. of California at Berkely; PNNL

    2004-01-01

    The National Nuclear Security Administration is developing methods for nonproliferation assessments. A working group on Nonproliferation Assessment Methodology (NPAM) assembled a toolbox of methods for various applications in the nonproliferation arena. One application of this methodology is to the evaluation of the proliferation resistance of Generation IV nuclear energy systems. This paper first summarizes the key results of the NPAM program and then provides results obtained thus far in the ongoing application, which is co-sponsored by the DOE Office of Nuclear Energy Science and Technology. In NPAM, a top-level measure of proliferation resistance for a fuel cycle system is developed from a hierarchy of metrics. The problem is decomposed into: metrics to be computed, barriers to proliferation, and a finite set of threats. The analyst models the process undertaken by the proliferant to overcome barriers to proliferation and evaluates the outcomes. In addition to proliferation resistance (PR) evaluation, the application also addresses physical protection (PP) evaluation against sabotage and theft. The Generation IV goal for future nuclear energy systems is to assure that they are very unattractive and the least desirable route for diversion or theft of weapons-usable materials, and provide increased physical protection against terrorism. An Expert Group, addressing this application, has identified six high-level measures for the PR goals (six measures have also been identified for the PP goals). Combined together, the complete set of measures provides information for program policy makers and system designers to compare specific system design features and integral system characteristics and to make choices among alternative options. The Group has developed a framework for a phased evaluation approach to analyzing PR and PP of system characteristics and to quantifying metrics and measures. This approach allows evaluations to become more detailed and representative

  3. Closure Report for the 92-Acre Area and Corrective Action Unit 111: Area 5 WMD Retired Mixed Waste Pits, Nevada National Security Site, Nevada

    Energy Technology Data Exchange (ETDEWEB)

    NSTec Environmental Restoration

    2012-02-21

    This Closure Report (CR) presents information supporting closure of the 92-Acre Area, which includes Corrective Action Unit (CAU) 111, 'Area 5 WMD Retired Mixed Waste Pits.' This CR provides documentation supporting the completed corrective actions and confirmation that the closure objectives were met. This CR complies with the requirements of the Federal Facility Agreement and Consent Order (FFACO) (FFACO, 1996 [as amended March 2010]). Closure activities began in January 2011 and were completed in January 2012. Closure activities were conducted according to Revision 1 of the Corrective Action Decision Document/Corrective Action Plan (CADD/CAP) for the 92-Acre Area and CAU 111 (U.S. Department of Energy, National Nuclear Security Administration Nevada Site Office [NNSA/NSO], 2010). The following closure activities were performed: (1) Construct an engineered evapotranspiration cover over the boreholes, trenches, and pits in the 92-Acre Area; (2) Install use restriction (UR) warning signs, concrete monuments, and subsidence survey monuments; and (3) Establish vegetation on the covers. UR documentation is included as Appendix C of this report. The post-closure plan is presented in detail in Revision 1 of the CADD/CAP for the 92-Acre Area and CAU 111, and the requirements are summarized in Section 5.2 of this document. When the next request for modification of Resource Conservation and Recovery Act Permit NEV HW0101 is submitted to the Nevada Division of Environmental Protection (NDEP), the requirements for post-closure monitoring of the 92-Acre Area will be included. NNSA/NSO requests the following: (1) A Notice of Completion from NDEP to NNSA/NSO for closure of CAU 111; and (2) The transfer of CAU 111 from Appendix III to Appendix IV, Closed Corrective Action Units, of the FFACO.

  4. Closure Report for the 92-Acre Area and Corrective Action Unit 111: Area 5 WMD Retired Mixed Waste Pits, Nevada National Security Site, Nevada

    International Nuclear Information System (INIS)

    2012-01-01

    This Closure Report (CR) presents information supporting closure of the 92-Acre Area, which includes Corrective Action Unit (CAU) 111, 'Area 5 WMD Retired Mixed Waste Pits.' This CR provides documentation supporting the completed corrective actions and confirmation that the closure objectives were met. This CR complies with the requirements of the Federal Facility Agreement and Consent Order (FFACO) (FFACO, 1996 (as amended March 2010)). Closure activities began in January 2011 and were completed in January 2012. Closure activities were conducted according to Revision 1 of the Corrective Action Decision Document/Corrective Action Plan (CADD/CAP) for the 92-Acre Area and CAU 111 (U.S. Department of Energy, National Nuclear Security Administration Nevada Site Office (NNSA/NSO), 2010). The following closure activities were performed: (1) Construct an engineered evapotranspiration cover over the boreholes, trenches, and pits in the 92-Acre Area; (2) Install use restriction (UR) warning signs, concrete monuments, and subsidence survey monuments; and (3) Establish vegetation on the covers. UR documentation is included as Appendix C of this report. The post-closure plan is presented in detail in Revision 1 of the CADD/CAP for the 92-Acre Area and CAU 111, and the requirements are summarized in Section 5.2 of this document. When the next request for modification of Resource Conservation and Recovery Act Permit NEV HW0101 is submitted to the Nevada Division of Environmental Protection (NDEP), the requirements for post-closure monitoring of the 92-Acre Area will be included. NNSA/NSO requests the following: (1) A Notice of Completion from NDEP to NNSA/NSO for closure of CAU 111; and (2) The transfer of CAU 111 from Appendix III to Appendix IV, Closed Corrective Action Units, of the FFACO.

  5. 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)

  6. 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.

  7. 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...

  8. 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

  9. 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…

  10. 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…

  11. 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...

  12. 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

  13. 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…

  14. 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...

  15. 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…

  16. 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 ...

  17. 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

  18. 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 ...

  19. 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…

  20. 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…

  1. 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...

  2. 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

  3. 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…

  4. 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 ...

  5. 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...

  6. 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.

  7. 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 ...

  8. Cell Proliferation in Neuroblastoma

    Science.gov (United States)

    Stafman, Laura L.; Beierle, Elizabeth A.

    2016-01-01

    Neuroblastoma, the most common extracranial solid tumor of childhood, continues to carry a dismal prognosis for children diagnosed with advanced stage or relapsed disease. This review focuses upon factors responsible for cell proliferation in neuroblastoma including transcription factors, kinases, and regulators of the cell cycle. Novel therapeutic strategies directed toward these targets in neuroblastoma are discussed. PMID:26771642

  9. Controlling nuclear proliferation

    International Nuclear Information System (INIS)

    Sweet, W.

    1981-01-01

    Nuclear non-proliferation policy depends on the 1968 Non-Proliferation Treaty, in which countries promise not to acquire nuclear weapons in exchange for open access to peaceful nuclear technology, and a system of international safeguards that are imposed on exported nuclear equipment and facilities operated by parties to the treaty. Critics have feared all along that non-nuclear countries might circumvent or exploit the system to obtain nuclear weapons and that the Atoms for Peace plan would spread the very technology it sought to control. The nuclear weapons states would like everyone else to believe that atomic bombs are undesirable, but they continue to rely on the bombs for their own defense. Israel's raid on Iraq's nuclear reactor focused world attention on the proliferation problem and helped to broaden and sterengthen its prospects. It also highlighted the weakness that there are no effective sanctions against violators. Until the international community can ageee on enforcement measures powerful enough to prevent nuclear proliferation, individual countries may be tempted to follow Israel's example, 19 references

  10. Transfer of Procedure in Criminal Matters in Romanian Legislation

    Directory of Open Access Journals (Sweden)

    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.

  11. 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

    2014-11-01

    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.

  12. The definition of the sources of the criminal law

    Directory of Open Access Journals (Sweden)

    Анна Суренівна Сохікян

    2016-01-01

    Full Text Available Problem setting. The article investigates the notion of the sources of criminal law. The approaches to definition of the source of law are analyzed. On the basis of fundamental research of the current legislation inUkraine selected characteristics of the sources of criminal law. Using the inductive study method is the definition of sources of criminal law. Recent research and publications. Obviously, the concept itself is not able entirely to solve the highlighted problem. Moreover, the identification of sources of criminal law is only possible through the selection of some traits from the concept. After all, the concept of "source of criminal law" is the species concept in relation to sources of law in General. As with any concept in science, it must be based on theoretical concepts. Paper objective. From our point of view, the answer to the question about the range of sources of criminal law can be based exclusively on the clarification of the concepts and features of this source. In other words, only the phenomenon, which will fully meet all scientific indications of the sources of criminal law, and can only be attributed to them. Paper main body. Given the above, the purpose of this article is the definition of "source of criminal law". Applying the inductive method of knowledge and doctrinal analysis of the formal and material sources of criminal law, we can distinguish a number of characteristics by which we define the concept of "source of criminal law". A generalization of the existing points of view on the problem of the sources of law has led scientists to believe that it refers to: 1 factor, from which derives the right, the source of knowledge of law; 2 the basis from which comes the right; 3 that contains the right, meaning the standards set or fixed at a certain stage of a dominant class; the material conditions of society; 4 the form or method of formation, occurrence and expression of the rule of law, what should the mandatory

  13. Status and prospect of non-proliferation activities of ISTC and STCU

    International Nuclear Information System (INIS)

    Richard, M.; Daoust Maleval, D.; Louvet, P.

    2009-01-01

    This article examines the role of the International Science and Technology Centre of Moscow (ISTC) and the Science and Technology Centre of Ukraine in Kiev (STCU) in preventing proliferation of the weapons of mass destruction (WMD) expertise and know-how of scientists and engineers from the Former Soviet Union countries. The Centres were created in the first half of the nineties, in the context of the collapse of the Soviet Union. This collapse raised very serious concerns: over the risk of former WMD scientists and engineers being recruited by States of concern or terrorist groups that wished to develop their own WMD capabilities and means of delivery; and the possibility that scientists and engineers would be driven to sell their knowledge, know-how or equipment in order to survive. Since the Centres' inception, the regional and international context has changed dramatically at both economic and strategic levels, in particular regarding non-proliferation and global security. Changes of a political and strategic nature in the former Soviet Union required the European Union to review its relationship with Russia, to reassess the importance of Central Asian Countries and the future of Ukraine as it is pulled between Russia and Europe. The Centres have had to adapt to these changes. The article draws from an evaluation of the Centres' non-proliferation activities, carried out by the authors between November 2006 and September 2007 at the request of the European Commission. Moreover, since completion of the mission, many events, important for the strategic relationships between E U, Russia and other Commonwealth of Independent States (CIS) countries occurred as the affirmation of Russia's regional leadership: its rearmament along with the stiffening of its relationships with western countries and some neighbours and closure to visitors; the Georgia-Russia conflict; and the Russia-Ukraine gas crisis. As CIS countries are more affected by the current economical crisis

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

    Directory of Open Access Journals (Sweden)

    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.

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

    Directory of Open Access Journals (Sweden)

    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.

  16. Nuclear non-proliferation

    International Nuclear Information System (INIS)

    Anon.

    1990-01-01

    This patent describes the treaty on the non-proliferation of nuclear weapons which is the corner-stone of an international non-proliferation regime which has grown to embrace the overwhelming majority of countries in the world in the period since the Treaty. The other elements of the regime include, first of all, the safeguards system of IAEA-which operates to prevent the diversion of nuclear materials to military or other prohibited activities and must be accepted by all non-nuclear-weapon parties to the Treaty and, secondly, the Antarctic Treaty, the Treaty for the Prohibition of Nuclear Weapons in Latin America (Treaty of Tlatelolco) and the south Pacific Nuclear Free zone Treaty (Treaty of Rarotonga)-which serve to extend the regime geographically. The last two Treaties require safeguards agreements with IAEA. In addition, the Treaty of Tlatelolco contains provisions establishing the agency for the Prohibition of Nuclear Weapons in Latin America and the Caribbean to ensure compliance

  17. Proliferation in cycle

    Energy Technology Data Exchange (ETDEWEB)

    Piao Yunsong [College of Physical Sciences, Graduate School of Chinese Academy of Sciences, Beijing 100049 (China)], E-mail: yspiao@gucas.ac.cn

    2009-06-15

    In the contracting phase with w{approx_equal}0, the scale invariant spectrum of curvature perturbation is given by the increasing mode of metric perturbation. In this Letter, it is found that if the contracting phase with w{approx_equal}0 is included in each cycle of a cycle universe, since the metric perturbation is amplified on super horizon scale cycle by cycle, after each cycle the universe will be inevitably separated into many parts independent of one another, each of which corresponds to a new universe and evolves up to next cycle, and then is separated again. In this sense, a cyclic multiverse scenario is actually presented, in which the universe proliferates cycle by cycle. We estimate the number of new universes proliferated in each cycle, and discuss the implications of this result.

  18. Proliferation in cycle

    International Nuclear Information System (INIS)

    Piao Yunsong

    2009-01-01

    In the contracting phase with w≅0, the scale invariant spectrum of curvature perturbation is given by the increasing mode of metric perturbation. In this Letter, it is found that if the contracting phase with w≅0 is included in each cycle of a cycle universe, since the metric perturbation is amplified on super horizon scale cycle by cycle, after each cycle the universe will be inevitably separated into many parts independent of one another, each of which corresponds to a new universe and evolves up to next cycle, and then is separated again. In this sense, a cyclic multiverse scenario is actually presented, in which the universe proliferates cycle by cycle. We estimate the number of new universes proliferated in each cycle, and discuss the implications of this result.

  19. Global proliferation concerns

    International Nuclear Information System (INIS)

    Simpkins, R.

    1978-01-01

    The Non-Proliferation Treaty and the IAGA Safeguards System are discussed. President Carter's program to defer commercial reprocessing and recycle, to restructure the breeder program, to develop alternative fuel cycles, to increase US uranium enrichment capability, to provide fuel assurance for consumer nations, to continue the embargo of sensitive technology and equipment and to develop the International Nuclear Fuel Cycle Evaluation Program is outlined

  20. Readiness to change criminal women and men

    Directory of Open Access Journals (Sweden)

    Krzysztof Biel

    2017-12-01

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

  1. Aberrant paralimbic gray matter in criminal psychopathy.

    Science.gov (United States)

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

    2012-08-01

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

  2. Presumption of Innocence in Criminal Procedure

    Directory of Open Access Journals (Sweden)

    Tatiana Zbanca

    2009-06-01

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

  3. Registered criminality and sanctioning of schizophrenia patients

    DEFF Research Database (Denmark)

    Munkner, Runa; Haastrup, Soeren; Joergensen, Torben

    2009-01-01

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

  4. 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.

  5. Enhancing Air Interdiction of WMD

    Science.gov (United States)

    2014-04-01

    The Convention on International Civil Aviation, 9th ed., 9 and 10 and Jennifer K. Elsa , Weapons of Mass Destruction Counterproliferation: Legal...Issues for Ships and Aircraft, CRS Report RL32097, (Washington D.C: CRS, 1 October 2003), 24. 15 Elsa , Weapons of Mass Destruction Counterproliferation...Legal Issues for Ships and Aircraft, 20. 16 The Convention on International Civil Aviation, 9th ed., 4. 17 Elsa , Weapons of Mass Destruction

  6. Combating WMD Journal. Issue 1

    Science.gov (United States)

    2007-01-01

    foundations are nu- clear structure, cell physiology and chemical reaction kinetics. Example topics in production are the nuclear fuel cycle, fermentation and...Grand Challenge 2007 Robert A. Pfeffer, Physical Scientist N o more negotiating the 1.5-mile Beer Bottle Pass force, especially in software

  7. Combating WMD Journal. Issue 3

    Science.gov (United States)

    2009-01-01

    analysis . USANCA is coordinating technical input to provide realism in the exercise sce- narios. The Army must continue efforts to ensure the in...sam- ples (clay, tannins , humic acids, and metals), and foods (lipids) are re- ported to inhibit Deoxynucleic Acid (DNA) based detection. A...tar- get DNA from one analysis to an- other, resulting in false-positive sig- nals, must also be avoided. Employ- ment of fluorescent-labeled

  8. Combating WMD Journal. Issue 2

    Science.gov (United States)

    2008-03-01

    Predictive analysis threat picture • Intelligence synchronization ma- trix (synchronize/refine intelli- gence collection IOT answer PIRs and IRs...suspected RDDs and also preserve forensic evidence. Other equipment is for containment of particulates released in an RDD ex- plosion. Almost

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

    Science.gov (United States)

    1988-01-01

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

  10. Mexico On A Criminal Traffic Scenario

    Directory of Open Access Journals (Sweden)

    M. P. Moloeznik

    2017-01-01

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

  11. Suspects in criminal investigations of rape

    Directory of Open Access Journals (Sweden)

    Marinković Darko

    2014-01-01

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

  12. Post-Closure Inspection and Monitoring Report for Corrective Action Unit 110: Area 3 WMD U-3ax/bl Crater, Nevada Test Site, Nevada

    Energy Technology Data Exchange (ETDEWEB)

    NSTec Environmental Restoration

    2006-08-01

    This Post-Closure Inspection and Monitoring Report (PCIMR) provides the results of inspections and monitoring for Corrective Action Unit (CAU) 110, Area 3 WMD [Waste Management Division] U-3ax/bl Crater. This PCIMR includes an analysis and summary of the site inspections, repairs and maintenance, meteorological information, and soil moisture monitoring data obtained at CAU 110, for the annual period July 2005 through June 2006. Site inspections of the cover were performed quarterly to identify any significant changes to the site requiring action. The overall condition of the cover, cover vegetation, perimeter fence, and UR warning signs was good. Settling was observed that exceeded the action level as specified in Section VILB.7 of the Hazardous Waste Permit Number NEV HW009 (Nevada Division of Environmental Protection, 2000). This permit states that cracks or settling greater than 15 centimeters (6 inches) deep that extend 1.0 meter (m) (3 feet [ft]) or more on the cover will be evaluated and repaired within 60 days of detection. Along the east edge of the cover (repaired previously in August 2003, December 2003, May 2004, October 2004), an area of settling was observed during the December 2005 inspection to again be above the action level, and required repair. This area and two other areas of settling on the cover that were first observed during the December 2005 inspection were repaired in February 2006. The semiannual subsidence surveys were done in September 2005 and March 2006. No significant subsidence was observed in the survey data. Monument 5 shows the greatest amount of subsidence (-0.015 m [-0.05 ft] compared to the baseline survey of 2000). This amount is negligible and near the resolution of the survey instruments; it does not indicate that subsidence is occurring on the cover. Soil moisture results obtained to date indicate that the CAU 110 cover is performing as expected. Time Domain Reflectometry (TDR) data indicated an increase in soil moisture (1

  13. Post-Closure Inspection and Monitoring Report for Corrective Action Unit 110: Area 3 WMD U-3ax/bl Crater, Nevada Test Site, Nevada

    International Nuclear Information System (INIS)

    NSTec Environmental Restoration

    2006-01-01

    This Post-Closure Inspection and Monitoring Report (PCIMR) provides the results of inspections and monitoring for Corrective Action Unit (CAU) 110, Area 3 WMD [Waste Management Division] U-3ax/bl Crater. This PCIMR includes an analysis and summary of the site inspections, repairs and maintenance, meteorological information, and soil moisture monitoring data obtained at CAU 110, for the annual period July 2005 through June 2006. Site inspections of the cover were performed quarterly to identify any significant changes to the site requiring action. The overall condition of the cover, cover vegetation, perimeter fence, and UR warning signs was good. Settling was observed that exceeded the action level as specified in Section VILB.7 of the Hazardous Waste Permit Number NEV HW009 (Nevada Division of Environmental Protection, 2000). This permit states that cracks or settling greater than 15 centimeters (6 inches) deep that extend 1.0 meter (m) (3 feet [ft]) or more on the cover will be evaluated and repaired within 60 days of detection. Along the east edge of the cover (repaired previously in August 2003, December 2003, May 2004, October 2004), an area of settling was observed during the December 2005 inspection to again be above the action level, and required repair. This area and two other areas of settling on the cover that were first observed during the December 2005 inspection were repaired in February 2006. The semiannual subsidence surveys were done in September 2005 and March 2006. No significant subsidence was observed in the survey data. Monument 5 shows the greatest amount of subsidence (-0.015 m [-0.05 ft] compared to the baseline survey of 2000). This amount is negligible and near the resolution of the survey instruments; it does not indicate that subsidence is occurring on the cover. Soil moisture results obtained to date indicate that the CAU 110 cover is performing as expected. Time Domain Reflectometry (TDR) data indicated an increase in soil moisture (1

  14. 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.

  15. Legal and Jurisprudential Bases of Marital Rape Criminalization

    Directory of Open Access Journals (Sweden)

    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.

  16. Report on the 8. ESARDA course on nuclear safeguards and non-proliferation

    International Nuclear Information System (INIS)

    Grape, S.; Jonter, T.

    2013-01-01

    The 8. ESARDA course on nuclear safeguards and non-proliferation took place in Uppsala, Sweden, on September 12-16, 2011. 44 participants from 15 countries followed the one week long course, comprising four days of lectures, one group exercise and one full day visit to the Swedish final repository (SFR) for short-lived radioactive waste. The lectures covered political and technical aspects related to the general background of safeguards legislation and treaties, the nuclear fuel cycle, destructive and non-destructive safeguards techniques, physical protection, verification technologies such as nuclear material accountancy and control, safeguards inspections, remote monitoring, containment and surveillance, export control, illicit trafficking and nuclear forensics. The course also contained a group exercise, whereby the participants learnt about different nonproliferation treaties on/or related to Weapons of Mass Destruction (WMD): the Chemical Weapons Convention (CWC), the Biological and Toxin Weapons Convention (BWC), the nuclear Non-Proliferation Treaty (NPT) as well as the Comprehensive Nuclear Test Ban Treaty (CTBT) and the Fissile Material Cut-off Treaty (FMCT). The task of the group exercise was to discuss and compare the treaties with respect to obligations and rights of state parties, verification of compliance, membership, terrorism, similarities/differences, successes and failures. The paper is followed by the slides of the presentation

  17. Proliferation after the Iraq war

    International Nuclear Information System (INIS)

    Daguzan, J.F.

    2004-09-01

    This article uses the Iraq war major event to analyze the approach used by the US to fight against proliferation. It questions the decision and analysis process which has led to the US-British intervention and analyzes the consequences of the war on the proliferation of other countries and on the expected perspectives. Finally, the future of proliferation itself is questioned: do we have to fear more threat or is the virtuous circle of non-proliferation well started? (J.S.)

  18. 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

  19. The Influence of Beccaria in Modern Criminal Law

    Directory of Open Access Journals (Sweden)

    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.

  20. 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...

  1. 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 ...

  2. 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.

  3. Can we predict nuclear proliferation

    International Nuclear Information System (INIS)

    Tertrais, Bruno

    2011-01-01

    The author aims at improving nuclear proliferation prediction capacities, i.e. the capacities to identify countries susceptible to acquire nuclear weapons, to interpret sensitive activities, and to assess nuclear program modalities. He first proposes a retrospective assessment of counter-proliferation actions since 1945. Then, based on academic studies, he analyzes what causes and motivates proliferation, with notably the possibility of existence of a chain phenomenon (mechanisms driving from one program to another). He makes recommendations for a global approach to proliferation prediction, and proposes proliferation indices and indicators

  4. 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.

  5. 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. .

  6. 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.

  7. 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.

  8. The International Criminal Court and conflict transformation in Uganda

    African Journals Online (AJOL)

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

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

    African Journals Online (AJOL)

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

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

    Science.gov (United States)

    Chu, Sandra Ka Hon

    2011-04-01

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

  11. 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.

  12. Race, crime and criminal justice in South Africa

    CSIR Research Space (South Africa)

    Bosilong, KP

    2010-05-01

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

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

    National Research Council Canada - National Science Library

    Murnane, Andrew W; Eig, Larry

    2003-01-01

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

  14. 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.

  15. 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.

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

    African Journals Online (AJOL)

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

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

    National Research Council Canada - National Science Library

    Sutton, Michael

    2003-01-01

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

  18. 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

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

    National Research Council Canada - National Science Library

    Doyle, Charles

    2006-01-01

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

  20. 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...

  1. 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...

  2. 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...

  3. An Outline of the New Norwegian Criminal Code

    Directory of Open Access Journals (Sweden)

    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.

  4. The Evidentiary Value of DNA Fingerprint as Criminal Evidence

    Directory of Open Access Journals (Sweden)

    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.

  5. 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.

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

    OpenAIRE

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

    2015-01-01

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

  7. 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.

  8. Non-proliferation

    International Nuclear Information System (INIS)

    Deiseroth, D.; Gustafsson, S.

    1993-01-01

    The issue of Nuclear Non Proliferation has been moved to a leading place on the contemporary international security agenda. What about the situation of nuclear weapons and nuclear technology in Russia, Kazakhstan, Ukraine and Belorussia? Why did the IAEA-inspectors totally failed to discover any sign of Iraq's clandestine nuclear-weapon programme before the Gulf War? Do the NATO and their nuclear power states violate Art. VI of the Non-Proliferation-Treaty (NPT), because they are - despite the end of the cold war - not willing to renounce of the ''option of the first use of nuclear weapons''? Does the NPT establish a form of nuclear apartheid? What will be the situation if the NPT-Extension-Conference in 1995 will be unable to obtain a majority of the parties for any one extension proposal? Do we need a new international nuclear control agency with severe powers, a sort of nuclear Interpol? The Colloquium ''Saving NPT and abolishing Nuclear Weapons'', held in Stockholm in September 1992, organized by the Swedish and the German Sections of IALANA, tried to analyse some of the raised issues. (orig.) [de

  9. Non Proliferation of Nuclear

    International Nuclear Information System (INIS)

    Bambang S Irawan

    2004-01-01

    Non-Proliferation Treaty of Nuclear Weapons is the international community's efforts to maintain the security of the world, in order to prevent the spread of nuclear technology and the use of nuclear weapons, promoting cooperation for the use of nuclear peaceful purposes, build mutual trust (Confidence Building Measures) as well as to achieve the ultimate goal of disarmament overall (General and Complete Disarmament). Addressing the post-WTC tragedy, 11 September 2001, the Indonesian government should set up a National Measures (National Action Plan), among others formed the National Security Council and NBC Counter Proliferation Unit, or the National Authority for Nuclear Treaty, preparing national legislation, to prevent the abuse nuclear materials for terrorist acts, prevent Illicit Trafficking of Nuclear materials, developed a National Preparedness and Emergency Response Management in the event of a nuclear accident or attack by the use of nuclear terrorism. Importance of a National Action Plan meant the existence of a national commitment in the context of compliance with treaties and conventions which have been ratified relating to safety, security, safeguards towards a general and complete disarmament, to safeguard national security and maintain peace (safeguards) international

  10. Initiatives for proliferation prevention

    International Nuclear Information System (INIS)

    1997-04-01

    Preventing the proliferation of weapons of mass destruction is a central part of US national security policy. A principal instrument of the Department of Energy's (DOE's) program for securing weapons of mass destruction technology and expertise and removing incentives for scientists, engineers and technicians in the newly independent states (NIS) of the former Soviet Union to go to rogue countries or assist terrorist groups is the Initiatives for Proliferation Prevention (IPP). IPP was initiated pursuant to the 1994 Foreign Operations Appropriations Act. IPP is a nonproliferation program with a commercialization strategy. IPP seeks to enhance US national security and to achieve nonproliferation objectives by engaging scientists, engineers and technicians from former NIS weapons institutes; redirecting their activities in cooperatively-developed, commercially viable non-weapons related projects. These projects lead to commercial and economic benefits for both the NIS and the US IPP projects are funded in Russian, Ukraine, Kazakhstan and Belarus. This booklet offers an overview of the IPP program as well as a sampling of some of the projects which are currently underway

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

    Directory of Open Access Journals (Sweden)

    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.

  12. 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.

  13. 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.

  14. 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).

  15. 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

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

    Directory of Open Access Journals (Sweden)

    Ask Elklit

    2013-04-01

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

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

    Directory of Open Access Journals (Sweden)

    Antonius Maria Laot Kian

    2015-04-01

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

  18. Uncertainties in Nuclear Proliferation Modeling

    International Nuclear Information System (INIS)

    Kim, Chul Min; Yim, Man-Sung; Park, Hyeon Seok

    2015-01-01

    There have been various efforts in the research community to understand the determinants of nuclear proliferation and develop quantitative tools to predict nuclear proliferation events. Such systematic approaches have shown the possibility to provide warning for the international community to prevent nuclear proliferation activities. However, there are still large debates for the robustness of the actual effect of determinants and projection results. Some studies have shown that several factors can cause uncertainties in previous quantitative nuclear proliferation modeling works. This paper analyzes the uncertainties in the past approaches and suggests future works in the view of proliferation history, analysis methods, and variable selection. The research community still lacks the knowledge for the source of uncertainty in current models. Fundamental problems in modeling will remain even other advanced modeling method is developed. Before starting to develop fancy model based on the time dependent proliferation determinants' hypothesis, using graph theory, etc., it is important to analyze the uncertainty of current model to solve the fundamental problems of nuclear proliferation modeling. The uncertainty from different proliferation history coding is small. Serious problems are from limited analysis methods and correlation among the variables. Problems in regression analysis and survival analysis cause huge uncertainties when using the same dataset, which decreases the robustness of the result. Inaccurate variables for nuclear proliferation also increase the uncertainty. To overcome these problems, further quantitative research should focus on analyzing the knowledge suggested on the qualitative nuclear proliferation studies

  19. Proliferation: myth or reality?; La proliferation: mythe ou realite?

    Energy Technology Data Exchange (ETDEWEB)

    NONE

    2005-07-01

    This article analyzes the proliferation approach, its technical condition and political motivation, and the share between the myth (political deception, assumptions and extrapolations) and the reality of proliferation. Its appreciation is complicated by the irrational behaviour of some political actors and by the significant loss of the non-use taboo. The control of technologies is an important element for proliferation slowing down but an efficient and autonomous intelligence system remains indispensable. (J.S.)

  20. Remembering a criminal conversation: beyond eyewitness testimony.

    Science.gov (United States)

    Campos, Laura; Alonso-Quecuty, María L

    2006-01-01

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

  1. [Criminal code and assisted human reproduction].

    Science.gov (United States)

    Cortés Bechiarelli, Emilio

    2009-01-01

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

  2. Crime victims in the criminal justice system

    Directory of Open Access Journals (Sweden)

    Ćopić Sanja M.

    2003-01-01

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

  3. 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).

  4. The nuclear proliferation

    International Nuclear Information System (INIS)

    Gere, F.

    1995-04-01

    In this book is detailed the beginning of nuclear military power, with the first bomb of Hiroshima, the different ways of getting uranium 235 and plutonium 239, and how the first countries (Usa, Ussr, China, United kingdom, France) got nuclear weapons. Then the most important part is reviewed with the details of non-proliferation treaty and the creation of IAEA to promote civilian nuclear power in the world and to control the use of plutonium and uranium in nuclear power plants. The cases of countries who reached the atom mastery, such Israel, South Africa, Pakistan, Iraq, North Korea, Argentina, Brazil, Iran, Algeria, Taiwan and the reasons which they wanted nuclear weapon for or why they gave up, are exposed

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

    Science.gov (United States)

    Cermeño Zambrano, Fernando G De J

    2002-01-01

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

  6. Criminal-legal prohibitions in the soviet juridical discourse

    Directory of Open Access Journals (Sweden)

    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.

  7. 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

  8. 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

  9. General Principles of Transnationalised Criminal Justice?
    Exploratory Reflections

    Directory of Open Access Journals (Sweden)

    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

  10. 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.

  11. Technical records as material evidence in criminal proceedings

    Directory of Open Access Journals (Sweden)

    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.

  12. 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.

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

    Directory of Open Access Journals (Sweden)

    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.

  14. 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.

  15. 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

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

    Directory of Open Access Journals (Sweden)

    I. V. Kalinin

    2017-01-01

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

  17. Nuclear proliferation: linkages and solutions

    International Nuclear Information System (INIS)

    Quester, G.H.

    1979-01-01

    Nuclear proliferation must be periodically re-examined as a moral as well as a practical foreign policy dilemma. The question is asked whether proliferation precludes a safe and peaceful world, or if a halt to proliferation is adequate without other arms control. The moral dilemma in foreign policy arises over the need to make practical choices which often serve one goal while sacrificing another. The ramifications of nuclear proliferation are examined and the conclusions reached that it is not an acceptable option. It is also decided that, because general disarmament steps will be more difficult to achieve, the world may have to accept a small number of nuclear arsenals as the price of state sovereignties. A high priority for making the effort to prevent proliferation is advised. 8 references

  18. The Rebirth of the Theory of Imputation in the Science of Criminal Law: to an Overcoming Stage or an Involution to Pre-Scientific Conceptions?

    Directory of Open Access Journals (Sweden)

    Nicolás Santiago Cordini

    2015-06-01

    Full Text Available The Science of Criminal Law goes through a moment that can be characterized as a “crisis”. Faced with this situation, have been proliferate theories that define themselves as “theories of imputation” that leave, in whole or in part, the theory of crime up to now dominating. The aim of this article is to analyze three theories enrolled under the concept of imputation and determine in which proportion they conserve other they get off the categories proposed by the theory of crime. Then, we will establish in which proportion these theories constitute an advance for the Science of Criminal Law or, on the contrary, they are manifestations of a retreat to a pre-scientific stage.

  19. Il crimine organizzato in Italia: analisi evolutiva

    Directory of Open Access Journals (Sweden)

    Elena Bianchini

    2007-12-01

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

  20. The Use of Soil in Criminal Investigations

    Science.gov (United States)

    Dawson, Lorna; Fitzpatrick, Robert

    2013-04-01

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

  1. 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.

  2. 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.

  3. 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.

  4. 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.

  5. International criminal justice and the erosion of sovereignty

    Directory of Open Access Journals (Sweden)

    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.

  6. 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....

  7. 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.

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

    Directory of Open Access Journals (Sweden)

    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.

  9. Thorium cycles and proliferation

    International Nuclear Information System (INIS)

    Lovins, A.B.

    1979-01-01

    This paper analyzes several prevalent misconceptions about nuclear fuel cycles that breed fissile uranium-233 from thorium. Its main conclusions are: U-233, despite the gamma radioactivity of associated isotopes, is a rather attractive material for making fission bombs, and is a credible material for subnational as well as national groups to use for this purpose; (2) pure thorium cycles, which in effect merely substitute U-233 for Pu, would take many decades and much U to establish, and offer no significant safeguards advantage over Pu, cycles; (3) denatured Th-U cycles, which dilute the U-233 with inert U-238 to a level not directly usable in bombs, are not an effective safeguard even against subnational bomb-making; (4) several other features of mixed Th-U cycles are rather unattractive from a safeguards point of view; (5) thus, Th cycles of any kind are not a technical fix for proliferation (national or subnational) and, though probably more safeguardable than Pu cycles, are less so than once-through U cycles that entail no reprocessing; (6) while thorium cycles have some potential technical advantages, including flexibility, they cannot provide major savings in nuclear fuel resources compared to simpler ways of saving neutrons and U; and (7) while advocates of nuclear power may find Th cycles worth exploring, such cycles do not differ fundamentally from U cycles in any of the respects--including safeguards and fuel resources--that are relevant to the broader nuclear debate, and should not be euphorically embraced as if they did

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

    Science.gov (United States)

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

    2016-01-01

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

  11. 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

  12. 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...

  13. Criminal violence associated to mental health in Salvadorian people

    Directory of Open Access Journals (Sweden)

    José Ricardo Gutiérrez Quintanilla

    2014-07-01

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

  14. 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.

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

    Directory of Open Access Journals (Sweden)

    Magda Slabbert

    2014-11-01

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

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

    Directory of Open Access Journals (Sweden)

    Zemlyanitsin E. I.

    2013-10-01

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

  17. 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.

  18. 78 FR 2443 - Criminal Justice Interview Room Recording System (IRRS) Standard, Supplier's Declaration of...

    Science.gov (United States)

    2013-01-11

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

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

    National Research Council Canada - National Science Library

    Reardon, Warren A

    1997-01-01

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

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

    NARCIS (Netherlands)

    Mburu, L; Helbich, M

    2015-01-01

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

  1. Theoretical Approaches to Nuclear Proliferation

    Directory of Open Access Journals (Sweden)

    Konstantin S. Tarasov

    2015-01-01

    Full Text Available This article analyses discussions between representatives of three schools in the theory of international relations - realism, liberalism and constructivism - on the driving factors of nuclear proliferation. The paper examines major theoretical approaches, outlined in the studies of Russian and foreign scientists, to the causes of nuclear weapons development, while unveiling their advantages and limitations. Much of the article has been devoted to alternative approaches, particularly, the role of mathematical modeling in assessing proliferation risks. The analysis also reveals a variety of different approaches to nuclear weapons acquisition, as well as the absence of a comprehensive proliferation theory. Based on the research results the study uncovers major factors both favoring and impeding nuclear proliferation. The author shows that the lack of consensus between realists, liberals and constructivists on the nature of proliferation led a number of scientists to an attempt to explain nuclear rationale by drawing from the insights of more than one school in the theory of IR. Detailed study of the proliferation puzzle contributes to a greater understating of contemporary international realities, helps to identify mechanisms that are most likely to deter states from obtaining nuclear weapons and is of the outmost importance in predicting short- and long-term security environment. Furthermore, analysis of the existing scientific literature on nuclear proliferation helps to determine future research agenda of the subject at hand.

  2. 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

    Directory of Open Access Journals (Sweden)

    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.

  3. Nuclear non proliferation and disarmament

    International Nuclear Information System (INIS)

    2000-01-01

    In the framework of the publication of a document on the ''weapons mastership, disarmament and non proliferation: the french action'', by the ministry of Foreign Affairs and the ministry of Defense, the French Documentation organization presents a whole document. This document describes and details the following topics: the conference on the treaty of non proliferation of nuclear weapons, the France, Usa and Non Governmental Organizations position, the threats of the proliferation, the french actions towards the disarmament, the disarmament in the world, a chronology and some bibliographic resources. (A.L.B.)

  4. International proliferation on nuclear weapons

    International Nuclear Information System (INIS)

    Hill, J.

    1977-01-01

    The subject is dealt with under the following headings: introduction; routes to proliferation (preparation of U 235 , Pu 239 , U 233 ); nuclear power fuel cycles and proliferation; the fast reactor fuel cycle; security aspects of the existing fuel cycle; the IAEA and the nuclear non-proliferation treaty. It is concluded that 'the basis for sound international control exists, and taken together with the further technical steps which will be taken to make the existing fuel cycles more robust against the diversion of materials by terrorists and the abuse of civil nuclear power programmes by governments, we have good reason to proceed now with the orderly exploitation of ...nuclear energy...'. (U.K.)

  5. 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...

  6. 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?

  7. 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...

  8. 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...

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

    Directory of Open Access Journals (Sweden)

    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.

  10. 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.

  11. 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 ...

  12. 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

  13. 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...

  14. 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...

  15. 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...

  16. 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...

  17. 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…

  18. 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…

  19. 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...

  20. 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...

  1. 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...

  2. 21 CFR 7.85 - Conduct of a presentation of views before report of criminal violation.

    Science.gov (United States)

    2010-04-01

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

  3. 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...

  4. 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

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

    Directory of Open Access Journals (Sweden)

    Bruna Azevedo de Castro

    2012-04-01

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

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

    Directory of Open Access Journals (Sweden)

    Débora Regina Pastana

    2008-03-01

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

  7. 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…

  8. Non-proliferation and nuclear data

    International Nuclear Information System (INIS)

    Sowerby, M.G.

    1978-01-01

    A review is made of the problem of the proliferation of nuclear weapons with particular emphasis on proliferation and nuclear power. Some indications of the nuclear data requirements associated with methods of reducing proliferation risks are presented

  9. 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.

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

    NARCIS (Netherlands)

    Weimann, G.J.

    2010-01-01

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

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

    Directory of Open Access Journals (Sweden)

    Г. М. Гетьман

    2013-10-01

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

  12. mens rea principle and criminal jurisprudence in nigeria

    African Journals Online (AJOL)

    Mofasony

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

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

    African Journals Online (AJOL)

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

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

    African Journals Online (AJOL)

    10332324

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

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

    African Journals Online (AJOL)

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

  16. 78 FR 76860 - Contraband Screening for Criminal Justice Applications

    Science.gov (United States)

    2013-12-19

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

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

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

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

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

    NARCIS (Netherlands)

    Zeegers, K.J.

    2015-01-01

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

  19. 8 CFR 1003.41 - Evidence of criminal conviction.

    Science.gov (United States)

    2010-01-01

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

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

    African Journals Online (AJOL)

    10332324

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

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

    Science.gov (United States)

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

    2010-01-01

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

  2. A Research Note on American Indian Criminal Justice

    Science.gov (United States)

    Braunstein, Rich; Anderson, Bill

    2008-01-01

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

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

    African Journals Online (AJOL)

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

  4. Presentaciones Powerpoint de Psicología Criminal

    OpenAIRE

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

    2008-01-01

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

  5. Why Rape Survivors Participate in the Criminal Justice System

    Science.gov (United States)

    Patterson, Debra; Campbell, Rebecca

    2010-01-01

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

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

    NARCIS (Netherlands)

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

    2005-01-01

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

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

    NARCIS (Netherlands)

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

    2005-01-01

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

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

    Science.gov (United States)

    Mandel, Jerry

    1979-01-01

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

  9. Sex Work Criminalization Is Barking Up the Wrong Tree

    NARCIS (Netherlands)

    Vanwesenbeeck, Ine

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

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

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

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

  11. 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.

  12. William A. Schabas, An Introduction to the International Criminal Court

    Directory of Open Access Journals (Sweden)

    Anan A. Haidar

    2008-02-01

    Full Text Available As with previous editions, the third edition of Professor Schabas’ book presents a clear and understandable description of the establishment and operation of the International Criminal Court. He provides both a concise and coherent analysis of the Rome Statute’s substantive law and a clear guide to the relevant procedure.

  13. 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.

  14. Children's Voices: Reactions to a Criminal Justice Issue Picture Book

    Science.gov (United States)

    Oslick, Mary Ellen

    2013-01-01

    This article examines the issue of children with incarcerated parents within the broader topic of criminal justice in multicultural children's literature. The sheer magnitude of culture of children with incarcerated parents makes it necessary for their stories to be included in children's literature. Children with an incarcerated parent need to…

  15. Criminal Sovereignty: Understanding North Korea’s Illicit International Activities

    Science.gov (United States)

    2010-03-01

    Malaysia , Singapore, Taiwan, and Egypt have been swept up in the vortex of North Korea’s criminal schemes, contributing to crime rates and, in some...which in many ways is far more influential than, for example, South Korea’s major conglomerates of Samsung , Hyundai, and Daewoo, and which is tasked

  16. The ICC, International Criminal Justice and International Politics

    African Journals Online (AJOL)

    short, does it have a future, and how shall it remain relevant in the future? This article is a think piece ... Introduction. The International Criminal ... in its operations by international politics, are the ICC's weaknesses a function of its very nature or ...

  17. Transparency and Legitimacy in Chinese Criminal Procedure : Beyond Adversarial Dogmas

    NARCIS (Netherlands)

    Zhang, S.

    2017-01-01

    In recent years, the legitimacy of China's criminal justice system has been increasingly challenged by the Chinese populace, in part due to the numerous exposed miscarriages of justice. The Chinese academic mainstream as well as the political and judicial authorities have looked towards the

  18. 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.

  19. A Heuristic Model of Criminology and Criminal Justice.

    Science.gov (United States)

    Zalman, Marvin

    The differences between criminology and criminal justice are assessed by comparing them to a more abstract typology. This typology is comprised of four basic elements: the focal concerns of the fields; career patterns of professionals; the extent to which the fields are theoretically based and are disciplines, sciences, and professions; and the…

  20. Criminality among Rural Stimulant Users in the United States

    Science.gov (United States)

    Oser, Carrie; Leukefeld, Carl; Staton-Tindall, Michele; Duvall, Jamieson; Garrity, Thomas; Stoops, William; Falck, Russel; Wang, Jichuan; Carlson, Robert; Sexton, Rocky; Wright, Patricia; Booth, Brenda

    2011-01-01

    Despite the increase in media attention on "meth cooking" in rural areas of the United States, little is known about rural stimulant use--particularly, the criminality associated with stimulant use. Data were collected from community stimulant users in rural Ohio, Arkansas, and Kentucky (N = 709). Findings from three logistic regression…

  1. Estimation Issues and Generational Changes in Modeling Criminal Career Length

    Science.gov (United States)

    Francis, Brian; Soothill, Keith; Piquero, Alex R.

    2007-01-01

    This article seeks to model criminal career length using data from six different birth cohorts born between 1953 and 1978, totaling more than 58,000 males and females from England and Wales. A secondary aim of this article is to consider whether information available at the first court appearance leading to a conviction is associated with the…

  2. States' criminal jurisdiction under International Law: fostering a ...

    African Journals Online (AJOL)

    Over the past few years, the extent to which international law allows States to exercise their jurisdiction in criminal matters has been a subject of diplomatic tensions between States. The purpose of this paper is to shed some light, on the question as to what extent a State, powerful or weak, has a right under international law ...

  3. 41 CFR 105-74.625 - Criminal drug statute.

    Science.gov (United States)

    2010-07-01

    ... 41 Public Contracts and Property Management 3 2010-07-01 2010-07-01 false Criminal drug statute. 105-74.625 Section 105-74.625 Public Contracts and Property Management Federal Property Management... Administration 74-GOVERNMENTWIDE REQUIREMENTS FOR DRUG-FREE WORKPLACE (FINANCIAL ASSISTANCE) Definitions § 105-74...

  4. Figures of criminal offences that are committed through mass media

    Directory of Open Access Journals (Sweden)

    Mirvete Uka

    2016-03-01

    Full Text Available The rapid development of information technology created endless possibilities for the information and communication between people in the world. This made possible that within few seconds information could be elaborated. In the meantime that freedom of speech and opinion are protected with all international conventions and laws, this freedom and together with it also the possibilities and actual standards endanger to put in service of the persons which in one form or another, damage the general interest. The study seeks to explain cases, forms and methods of how the presence in media can be misused. Based in the Criminal Code of Republic of Kosovo there are the range of criminal offenses which can be committed through mass communication in general and sometimes also through more serious media, written or electronic. The major number of them has to do with such acts that help terrorism, encourage race and religious hatred and in different forms, the use of children for pornography, risking in this manner the greater values of humanism anywhere in the world. The fact of abolition of special dispositions for criminal offenses that are committed through media does not mean that the danger from committing these acts does not exist. It is based in the fact that criminal responsibility lays directly on the crime committer and not on the director or publisher of certain media, in the meantime the last ones should be careful not to be in the service of crime instigators by giving space to publication.

  5. Withdrawal from the International Criminal Court: Does Africa have ...

    African Journals Online (AJOL)

    After a century in the making, the International Criminal Court (ICC) came into existence in 2002 with an overwhelming number of states ratifying the Rome Statute. With 34 signatories, Africa is the largest contributor in the Assembly of State Parties, yet Africa has become its severest critic. As threats of withdrawal become a ...

  6. Urban slums and youth criminality in Calabar Municipality of Cross ...

    African Journals Online (AJOL)

    In the diagnosis of contemporary threat to state stability, urbanization is inevitably included among the litany of emerging challenges. This study sets out to examine the relationship between urban slums and youth criminality in Calabar urban area of Cross River State, Nigeria. To achieve this objective, 400 respondents ...

  7. Problem Gambling Associated with Violent and Criminal Behaviour

    DEFF Research Database (Denmark)

    Laursen, Bjarne; Plauborg, Rikke; Ekholm, Ola

    2016-01-01

    This study compares the number of criminal charges among problem gamblers (N = 384) and non-problem gamblers including non-gamblers (N = 18,241) and examines whether problem gambling is more strongly associated with income-generating crimes like theft, fraud and forgery than other types of crimes...

  8. Language: Critical Components in Readers with Criminal Referral History

    Science.gov (United States)

    Platt, Derrick E.

    2009-01-01

    Low levels of reading performance are associated with delinquency. However, few studies have investigated the relationship between early involvement in the justice system and reading problems. This study examined the relationship between youth at various early stages of involvement with criminal behaviors and reading abilities (specifically,…

  9. Criminal social identity and suicide ideation among Pakistani young prisoners.

    Science.gov (United States)

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

    2015-01-01

    Suicidal behaviour is a common in prisoners, yet little is known about the factors that may protect against thoughts of ending one's life. The purpose of this paper is to specify and test a structural model to examine the relationship between three criminal social identity (CSI) dimensions (in-group affect, in-group ties, and cognitive centrality) and suicide ideation while controlling for period of confinement, age, criminal friends, and offense type (violent vs non-violent). Participants were 415 male juvenile offenders incarcerated in prisons in Khyber Pakhtunkhwa Pakistan. A structural model was specified and tested using Mplus to examine the relationships between the three factors of CSI and suicidal thoughts, while controlling for age, offender type, period of confinement, and substance dependence. The model provided an adequate fit for the data, explaining 22 per cent of variance in suicidal thoughts. In-group affect (the level of personal bonding with other criminals) was found to exert a strong protective effect against suicide ideation. The research contributes important information on suicide ideation in Pakistan, an Islamic country in which suicide is considered a sin and subsequently a criminal offence. Results indicate that Juvenile offenders' sense of shared identity may help to prevent the development of thoughts of death by suicide. Consequently, separating and isolating young prisoners may be ill advised.

  10. Developing Scots criminal law: a shift in responsibility?

    OpenAIRE

    Chalmers, James

    2017-01-01

    Notes that the Scottish courts have made few significant changes to the criminal law system in recent years while the Scottish Parliament has been more active in this area. Comments on how this law reform has mainly been triggered by particular cases or controversies instead of being proactive.

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

    DEFF Research Database (Denmark)

    Elklit, Ask; Karstoft, Karen-Inge; Armour, Cherie

    2013-01-01

    The associations between childhood abuse and subsequent criminality and posttraumatic stress disorder (PTSD) are well known. However, a major limitation of research related to childhood abuse and its effects is the focus on one particular type of abuse at the expense of others. Recent work has...

  12. Ageism and Gender among Social Work and Criminal Justice Students

    Science.gov (United States)

    Kane, Michael N.

    2006-01-01

    Undergraduate social work and criminal justice students completed 1 of 4 vignettes that were identical with the exception of the age and gender of the vignette's subject. In each vignette, the subject interacted with an opposite-sex 24-year-old waiter or waitress. Following each vignette, respondents answered 20 items relating to the age, gender,…

  13. Rescinding Offers of Admissions When Prior Criminality is Revealed.

    Science.gov (United States)

    Stokes, Jerome W. D.; Groves, Allen W.

    1996-01-01

    Several cases are examined in which students with criminal records, disclosed and undisclosed, were admitted to colleges and universities illustrate issues in college responsibility and liability, including duty of reasonable care in protecting other students and staff, application of standards of negligence in hiring to college admissions, risk…

  14. Criminal miles and phenomenological aspects of the criminalistics intelligence sources

    Directory of Open Access Journals (Sweden)

    Manojlović Dragan

    2014-01-01

    Full Text Available The paper is based on research conducted by the author in the last decades of the twentieth century and the first decade of the third millennium, the modern scientific theory of crime investigation. The author's intention is to complete the huge gap that exists today in our scientific crime literature on the phenomenology of criminalistics intelligence sources. The presence of scientific and technical isolationist and conservative pragmatism in criminalistics theory in us, with whom I have never lied, accordingly, I have tried to work more fully convey the latest scientific views on foreign theory of criminology criminalistics intelligence sources as the primary tool for understanding, recognition and decoding of occurrence in the criminal milieu. From the above it is quite logical and scientific methodology established by first larly exposed to the general approach among law enforcement theory, the criminal underworld, and then access the research of criminalistics intelligence sources, through their determination to categorize the movement and management. From the results, the findings suggest that the traditional model definition, recruitment, management and installation source in a criminal milieu, which applies to us, abandoned for more than three decades of contemporary crime research and professional literature and practice in the world. Furthermore, the results indicate that it is of decisive importance to the understanding of criminalistics intelligence sources, methods of installation, movement models and management resources, to the criminal milieu could understand phenomena that are not visible, and carry with them the challenges, risks and threats. Not more contemporary understanding of the needs of society to counter the criminal activities of individuals or groups, it is enough to have informers or collaborators. Today, the world of crime must confront numerous, well-organized and professional criminalistics intelligence

  15. Animal poisoning - veterinary-medical and criminal-legal aspects

    Directory of Open Access Journals (Sweden)

    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.

  16. 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...

  17. 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

  18. 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....

  19. 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.

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

    Directory of Open Access Journals (Sweden)

    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

  1. The relation between emotional intelligence and criminal behavior: A study among convicted criminals

    Directory of Open Access Journals (Sweden)

    Neelu Sharma

    2015-01-01

    Full Text Available Background: Lack of emotional intelligence (EI may lead to maladjustment and inability to achieve desired goals. A relationship between low levels of EI and crime has been proposed. Aim: The aim was to assess the relationship between EI and criminal behavior. Materials and Methods: Study sample consisted of 202 subjects, in whom 101 subjects were convicted offenders, and 101 were matched normal controls. Offender group comprised of individuals convicted for different crimes such as murder, rape, and robbery, selected from Birsa Munda Central Jail, Hotwar, Ranchi, Jharkhand, India based on purposive sampling. Sample of the normal control group was taken from Ranchi and nearby areas. All subjects gave informed consent for participating in the study. Both the groups were matched on age, gender, education, occupation, and marital status. All participants were assessed on General Health Questionnaire-12 and Mangal Emotional Intelligence Inventory (MEII. The results were analyzed using statistical package SPSS-version 20. Results: The group of convicted offenders obtained significantly lower scores on all the domains of MEII such as intrapersonal awareness (own emotions, interpersonal awareness (others emotions, intrapersonal management (own emotions and interpersonal management (others emotions, and aggregate emotional quotient in comparison to their normal counterparts. Conclusion: The convicted offenders group had significantly lower EI compared to normal subjects. Starting EI enhancement program in prison can help the inmates better understand their feelings and emotions.

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

    Directory of Open Access Journals (Sweden)

    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.

  3. 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

  4. Future non-proliferation challenges

    International Nuclear Information System (INIS)

    Yelchenko, Volodymyr

    2008-01-01

    Having chaired the Second Session of the Preparatory Committee Mr. Volodymyr Yelchenko noted that the NPT States parties reaffirmed the important role of the Treaty as the cornerstone of the global non-proliferation regime. They stressed that non-compliance with the Treaty provisions by States parties undermined non-proliferation and placed emphasis on the mutually reinforcing nature of disarmament and non-proliferation, and due respect for the right of States parties to the peaceful use of nuclear energy in conformity with the treaty. They reaffirmed the importance of promoting the peaceful uses of nuclear energy and international nuclear cooperation for peaceful purposes in ways consistent with the non-proliferation goal of the Treaty. The universality aspect was brought to the front with the lack of progress in this area. States parties called upon India, Israel and Pakistan to accede to the Treaty as non-nuclear-weapons states, promptly and without conditions and to bring into force comprehensive safeguards agreements, together with Additional Protocols, for ensuring non-proliferation. There is concern that non-States actors could gain access to weapons of mass destruction. One of the underlying themes at the Second Prepcom was the total elimination of nuclear weapons as the only absolute guarantee against their proliferation. Negative consequences to nuclear non-proliferation were also mentioned in the context of the abrogation of the Anti-Ballistic Missile Treaty and the development of missile defense systems, with the risk of a new arms race on Earth and in outer space. The importance of the immediate commencement of negotiations in the Conference of Disarmament on a treaty concerning fissile material for nuclear weapons or other nuclear explosive devices and the urgent conclusion of such a treaty as a beneficial step towards non-proliferation was stressed. The NPT states parties reaffirmed the role of the IAEA as the sole competent authority responsible for

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

    Science.gov (United States)

    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

  6. 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.

  7. 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.

  8. 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…

  9. 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

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

    Directory of Open Access Journals (Sweden)

    Ivan Kleymenov

    2017-01-01

    Full Text Available The author identifies three models of national criminal policy: the sovereign, reformist and experimental. The main criteria of such differentiation are the exposure to global influence, the criminological soundness and stability of criminal policy. Identification of the model of criminal policy in a particular state is a complex task that requires independent research.The subject. The article is devoted to modeling of the national criminal policy in modern conditions of globalization. The article discusses various models of criminal policy in the conditions of globalization.The purpose of the author is to describe the basic models of national criminal policy in modern conditions of globalization.The methodology. The author uses the method of analysis and synthesis, formal legal method as well as sociological methods (survey.The results, scope of application. The author identifies three models of national criminal policy: the sovereign, reformist and experimental. The main criteria of such differentiation are the exposure to global influence, the criminological soundness and stability of criminal policy. The sovereign model is based on doctrine of weak state and a strong combat criminal activity. It is distinguished by the pursuit of the realization of the equality of all before the law, criminal strategic and political planning system with a clear definition of goals and objectives; criminological security. The reform of criminal policy is characterized byuncertainty goals and objectives, utopianism and pretentiousness, dependence on standards of the international organization, the lower prestige of criminology, reduction of social programs, lobbying of group interests, permanent amendments to the criminal and criminal procedure legislation. Experimental model of criminal policy is connected with approbation of such technologies of management of society that are criminal and contrary to human experience in fighting crime.Conclusions. Criminal

  11. Nuclear proliferation and safeguards. Summary

    International Nuclear Information System (INIS)

    1982-03-01

    This comprehensive analysis of the technological, economic, and political factors affecting the potential spread of nuclear weapons proved useful in the congressional debate which culminated in the Nuclear Non-Proliferation Act of 1978. The report was subsequently published commercially and has been a frequently cited reference in the literature on proliferation and nuclear power. Despite developments since 1977, the information in the OTA report is still useful to those wishing to obtain an indepth understanding of the issues. Included is an analysis of why a nation might want nuclear weapons development program and the various sources of nuclear material are discussed. The control of proliferation is considered as well as its relation to the nuclear industry

  12. Domestic Politics and Nuclear Proliferation

    International Nuclear Information System (INIS)

    Kim, Chul Min; Yim, Man Sung

    2016-01-01

    The external security threat is known as the most important factor of nuclear weapons program, the domestic politics situation can also affect the nuclear proliferation decision of a country. For example, when a leader wants nuclear weapons as an ultimate weapon, the domestic politics situation can determine the effectiveness of the weapons program of a country. This study analyzes the current knowledge of the relationship between domestic politics and nuclear proliferation and suggests the main challenges of the quantitative models trying to calculate nuclear proliferation risk of countries. The domestic politics status is one of the most important indicators of nuclear program. However, some variables have never been used in quantitative analyses; for example, number of veto players and the public opinion on nuclear weapons; despite they are considered to be important in various qualitative studies. Future studies should focus on how should they be coded and how can they be linked with existing domestic politics variables

  13. Domestic Politics and Nuclear Proliferation

    Energy Technology Data Exchange (ETDEWEB)

    Kim, Chul Min; Yim, Man Sung [KAIST, Daejeon (Korea, Republic of)

    2016-05-15

    The external security threat is known as the most important factor of nuclear weapons program, the domestic politics situation can also affect the nuclear proliferation decision of a country. For example, when a leader wants nuclear weapons as an ultimate weapon, the domestic politics situation can determine the effectiveness of the weapons program of a country. This study analyzes the current knowledge of the relationship between domestic politics and nuclear proliferation and suggests the main challenges of the quantitative models trying to calculate nuclear proliferation risk of countries. The domestic politics status is one of the most important indicators of nuclear program. However, some variables have never been used in quantitative analyses; for example, number of veto players and the public opinion on nuclear weapons; despite they are considered to be important in various qualitative studies. Future studies should focus on how should they be coded and how can they be linked with existing domestic politics variables.

  14. Ultracentrifuge and non-proliferation

    International Nuclear Information System (INIS)

    Voortman, A.J.

    1977-01-01

    The author states that there is no meaningful difference, from the point of view of proliferation between peaceful, civil, scientific application of nuclear fission, and the use of it in nuclear weapons. The proliferation of the nuclear technology for weapons appeared and appears to be closely connected with the spread of peaceful applications of nuclear technology. In connection with this, he discusses the Ultracentrifuge plant at Almelo (Netherlands) and the supply of nuclear technology by West-Germany especially to Brazil. Further the changed American policy and the possibility of an American/Russian deal to prevent the spread of the nuclear enrichment technology is discussed

  15. RENEWAL OF CRIMINAL LAW AGAINST ABUSE OF CREDIT CARDS

    Directory of Open Access Journals (Sweden)

    Eka Nugraha

    2015-07-01

    Full Text Available The use of credit cards for payment in lieu of cash since the introduction of the first credit card ever more widely known and used by people.   On the early introduction of this credit card, the wearer is limited to certain circles. However, a few decades later the credit card industry primarily enter the end of the Decade of the 1970s, has penetrated almost throughout all parts of the world, including Indonesia.   A credit card is issued by most commonly used by the public and apply the current International consists of a range of brands, among others, a very popular one is Visa and Master Card are each issued by the credit card company international and Master Card International.In practice many found the works in banking that may be subject to sanctions as set forth in the book of the law of criminal law (Criminal Code.

  16. Some considerations on disciplinary liability overlapping criminal liability

    Directory of Open Access Journals (Sweden)

    Ştefania DUMITRACHE

    2011-12-01

    Full Text Available Among the various forms of legal liability there are many points of contact reflected in their common goal - the encouragement of active members of society. Starting from the statement - the independent nature of the various forms of legal liability does not mean they are excluded - in what follows, given the legal autonomy of spheres of social relations protected by various laws, we will consider disciplinary overlapping with other forms of legal liability - criminal liability. Of course, this is possible only if the act committed by the employee is both disciplinary and criminal. This form of accumulation are possible without violating the principle of non bis in idem that since each of the envisaged legal rules protect different social relations. In addition of this applying the same principle prohibits two or more same kind sanctions for an unlawful action

  17. Media Exposure and Racialized Perceptions of Inequities in Criminal Justice

    Directory of Open Access Journals (Sweden)

    Valerie Wright

    2017-06-01

    Full Text Available Does media exposure to salient criminological events exacerbate racialized perceptions of injustice? We examine whether closely following media coverage of the fatal encounter of George Zimmerman’s shooting of Trayvon Martin moderates racial and ethnic differences in opinion surrounding the event and the U.S. criminal justice system. Our analysis addresses several key aspects of the case: Whether Zimmerman would have been arrested sooner if Martin had been white, whether respondents felt Zimmerman’s acquittal was justified, and whether there is racial bias against African Americans in the criminal justice system. Relying on national opinion surveys before and after Zimmerman’s trial verdict, our findings support the racial gradient thesis by demonstrating that sustained exposure to racialized framing of the incident in the media affects Hispanics the most and hardens entrenched attitudes among African Americans relative to whites. The analysis supports the continuing relevance of the mass media in attitude formation.

  18. 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.

  19. Partial agonist therapy in schizophrenia: relevance to diminished criminal responsibility.

    Science.gov (United States)

    Gavaudan, Gilles; Magalon, David; Cohen, Julien; Lançon, Christophe; Léonetti, Georges; Pélissier-Alicot, Anne-Laure

    2010-11-01

    Pathological gambling (PG), classified in the DSM-IV among impulse control disorders, is defined as inappropriate, persistent gaming for money with serious personal, family, and social consequences. Offenses are frequently committed to obtain money for gambling. Pathological gambling, a planned and structured behavioral disorder, has often been described as a complication of dopamine agonist treatment in patients with Parkinson's disease. It has never been described in patients with schizophrenia receiving dopamine agonists. We present two patients with schizophrenia, previously treated with antipsychotic drugs without any suggestion of PG, who a short time after starting aripiprazole, a dopamine partial agonist, developed PG and criminal behavior, which totally resolved when aripiprazole was discontinued. Based on recent advances in research on PG and adverse drug reactions to dopamine agonists in Parkinson's disease, we postulate a link between aripiprazole and PG in both our patients with schizophrenia and raise the question of criminal responsibility. © 2010 American Academy of Forensic Sciences.

  20. PTSD as a criminal defense: a review of case law.

    Science.gov (United States)

    Berger, Omri; McNiel, Dale E; Binder, Renée L

    2012-01-01

    Posttraumatic stress disorder (PTSD) has been offered as a basis for criminal defenses, including insanity, unconsciousness, self-defense, diminished capacity, and sentencing mitigation. Examination of case law (e.g., appellate decisions) involving PTSD reveals that when offered as a criminal defense, PTSD has received mixed treatment in the judicial system. Courts have often recognized testimony about PTSD as scientifically reliable. In addition, PTSD has been recognized by appellate courts in U.S. jurisdictions as a valid basis for insanity, unconsciousness, and self-defense. However, the courts have not always found the presentation of PTSD testimony to be relevant, admissible, or compelling in such cases, particularly when expert testimony failed to show how PTSD met the standard for the given defense. In cases that did not meet the standard for one of the complete defenses, PTSD has been presented as a partial defense or mitigating circumstance, again with mixed success.

  1. [Criminal implication of sponsoring in medicine: legal ramifactions and recommendations].

    Science.gov (United States)

    Mahnken, A H; Theilmann, M; Bolenz, M; Günther, R W

    2005-08-01

    As a consequence of the so-called "Heart-Valve-Affair" in 1994, the German public became aware of the potential criminal significance of industrial sponsoring and third-party financial support in medicine. Since 1997, when the German Anti-Corruption Law came into effect, the penal regulations regarding bribery and benefits for public officers were tightened. Due to the lack of explicit and generally accepted guidelines in combination with regional differences of jurisdiction, there is a lingering uncertainty regarding the criminal aspects of third-party funding and industrial sponsoring. The aim of this review is to summarize the penal and professional implications of third-party funding and sponsoring in medicine including recent aspects of jurisdiction. The currently available recommendations on this issue are introduced.

  2. The impact of criminal justice involvement on victims' mental health.

    Science.gov (United States)

    Parsons, Jim; Bergin, Tiffany

    2010-04-01

    The aftermath of violent crime can leave victims with persistent emotional and mental health problems. Although research has shown the potential benefits of prosecuting cases through the courts, there is also a substantial literature that suggests that common features of the criminal justice system can exacerbate the impact of the initial crime, leading to a secondary victimization. The authors present a review of the research on the positive and negative impact of criminal justice involvement, and common points of failure in the efforts of justice institutions to meet the needs of victims. They conclude with recommendations for future work, including the need for research on restorative justice, victim impact statements, court notification systems, victim services, and victim advocates.

  3. Cultural considerations in the criminal law: the sentencing process.

    Science.gov (United States)

    Boehnlein, James K; Schaefer, Michele N; Bloom, Joseph D

    2005-01-01

    In forensic psychiatry, there is increasing recognition of the importance of culture and ethnicity in the criminal justice process as the population becomes more culturally diverse. However, there has been little consideration of the role of cultural factors in the trial process for criminal defendants, particularly in the sentencing phase of trial. Using a capital murder case study, this article explores the role of cultural forensic psychiatric consultation, focusing on the sentencing phase of trial as the place where the full scope and power of a cultural evaluation can be brought most effectively to the attention of the court. Cultural psychiatric perspectives can enrich a core forensic evaluation and be maximally helpful to the court, by exploring family dynamics and psychological health influenced by cultural history, immigrant and refugee experiences, and sociocultural environment. Specific recommendations and cautions for effective cultural consultation in forensic psychiatry are discussed.

  4. THE CHILD OFFENDER UNDER THE AGE OF CRIMINAL LIABILITY

    Directory of Open Access Journals (Sweden)

    Niculina KARACSONY

    2015-04-01

    Full Text Available At European level crime among children represents a contemporary issue and in Romania, the philosophy of the new penal code approved by Law No 286/2009 is shaped around punishment. Prevention policy in Romania and juvenile justice objectives relative to age criteria outlines two different legal manners to address children's liability under the law. One is targeting the category of children between 0 and 14 years of age, which consideres the absolute inability of criminal responsibility and one that provides criminal liability starting from the age of 14. The sensitivity of the issue of children involved in unlawfull acts and the inventory of responses to it brought me to the necessity of research the types of approach and diversity of social services built around this target group.

  5. Money Laundering. Aspects of Legal and Criminal Issues

    Directory of Open Access Journals (Sweden)

    Alina DUMITRACHE

    2011-11-01

    Full Text Available This study aims at analyzing objectively various techniques and methods of money laundering, both in classical and modern ways, by presenting case studies from the legal practice in Romania, in an attempt to clarify a number of issues related to the complexity of this crime, current and future tendencies of financial criminals for laundering proceeds of crime. Also, according to the analysis of comparative law performed in the last chapter, we highlighted a number of similarities and differences between the Romanian legislation and the legislative laws of other states, surprising the forms and effects of money laundering on the studied national systems as well as highlighting the measures for preventing and fighting against these crimes adopted by the analyzed legal systems. The comparative approach of the criminal and legal framework of preventing and combating money laundering is essential for the Romanian legal system efficiency in this matter.

  6. O nascimento da Revista Brasileira de Criminalística

    OpenAIRE

    Ângela Tonietto; Bruno Telles; Charles Albert Andrade; Claudemir Rodrigues Dias Filho; Elvis Medeiros; Juliano de Andrade Gomes; Maria Paula Oliveira Valadares

    2011-01-01

    Nasce a Revista Brasileira de Criminalística (RBC): uma publicação periódica de um antigo anseio da comunidade de Peritos Criminais em ver a produção científica divulgada em revista especializada genuinamente brasileira. A RBC destina-se à publicação de artigos que contribuam para a promoção, a divulgação e o desenvolvimento científico e tecnológico das ciências forenses, referentes aos resultados de pesquisas, avanços, projetos técnico-científicos e relatos de caso relacionados à criminalíst...

  7. XXIV CNC: Um marco na Criminalística Brasileira

    OpenAIRE

    Bruno Telles; Claudemir Rodrigues Dias Filho; Juliano de Andrade Gomes; Rogério Tocantins

    2017-01-01

    No editorial do primeiro número da RBC deste ano (volume 6, número 1), celebramos a sétima década da Associação Brasileira de Criminalística (ABC), mencionando que as comemorações ocorreriam por ocasião do XXIV Congresso Nacional de Criminalística, em Florianópolis/SC. A RBC, por meio de seu corpo editorial, não apenas apoiou o evento como também patrocinou a premiação dos melhores trabalhos apresentados. Porém, quando rascunhado aquele primeiro editorial do ano, não se imaginava a proporção ...

  8. Criminal implication of sponsoring in medicine: legal ramifactions and recommendations

    International Nuclear Information System (INIS)

    Mahnken, A.H.; Guenther, R.W.; Theilmann, M.; Bolenz, M.

    2005-01-01

    As a consequence of the so-called ''Heart-Valve-Affair'' in 1994, the German public became aware of the potential criminal significance of industrial sponsoring and third-party financial support in medicine. Since 1997, when the German Anti-Corruption Law came into effect, the penal regulations regarding bribery and benefits for public officers were tightened. Due to the lack of explicit and generally accepted guidelines in combination with regional differences of jurisdiction, there is a lingering uncertainty regarding the criminal aspects of third-party funding and industrial sponsoring. The aim of this review is to summarize the penal and professional implications of third-party funding and sponsoring in medicine including recent aspects of jurisdiction. The currently available recommendations on this issue are introduced. (orig.)

  9. 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.

  10. Overview of criminal justice projects at Sandia National Laboratories

    Energy Technology Data Exchange (ETDEWEB)

    Spencer, D.D.

    1995-07-01

    The criminal justice projects at SNL include three projects for the National Institute of Justice (smart gun, restraining foam, aqueous foam, corrections perimeter), a Southwest Border study, and one involving corrections agencies. It is concluded that the national technologies developed to protect nuclear and other high value assets have enormous potential for application to crime and personal safety; the difficulty lies in simplifying the technology transfer and making the new systems affordable.

  11. Nullum Crimen sine Lege in the International Criminal Court

    Directory of Open Access Journals (Sweden)

    Venus GHAREH BAGHI

    2010-10-01

    Full Text Available The Principles of legality in crimes and punishments refer to the fact that an act is not considered a crime and deserves no punishment, until the legislator determines and announces thecriminal title and its penalty. In Iranian legal system, before the Islamic Revolution and also after it, the Constitution and ordinary laws have explicitly emphasized the observance of the mentionedprinciple. When there is no text or in the case of the silence or lack of law, the criminal judge is bound to issue the verdict of innocence. According to the Rome statute the court shall exercisejurisdiction over the crime of aggressions once a provision is adopted. And, according to the article 121 and 123 defending the crime and setting out, the condition under which the Court shall exercise jurisdiction with respect to crimes such as provision shall be consisted of the head of the general principle the relevant provision of the charter of the United Nations. The principle of legality is set out in article 22 to 24 of the ICC statute. These norms are derived from the customary law and the national law. Article 15, International Covenant on Civil and Political rights, states that no one shall be found guilty of any criminal offence based on an act or omission which did not constitute a criminal offence under national or international laws at the time when it was committed. Yet, in the context of prosecuting mass atrocities, genocide, crimes against humanity, and war crimes, international criminal law appears to be resigned to such a principle, if not openly including it. fact, that it may be considered the poor cousin of nullum crimen sine lege (no crime without law which has attracted far greater consideration in scholarship and jurisprudence.

  12. Arresting Strategy Based on Dynamic Criminal Networks Changing over Time

    Directory of Open Access Journals (Sweden)

    Junqing Yuan

    2013-01-01

    Full Text Available We investigate a sequence of dynamic criminal networks on a time series based on the dynamic network analysis (DNA. According to the change of networks’ structure, networks’ variation trend is analyzed to forecast its future structure. Finally, an optimal arresting time and priority list are designed based on our analysis. Better results can be expected than that based on social network analysis (SNA.

  13. THE CRIME OF UNJUSTIFIED ABSENCE IN THE ROMANIAN CRIMINAL CODE

    Directory of Open Access Journals (Sweden)

    Mirela GORUNESCU

    2015-07-01

    Full Text Available The new Criminal Code of Romania regulates in Title XI of its Special Part the crimes against the combat capability of the military forces. Under this title, Chapter I is dedicated to the crimes committed by the military and defines the crime of unjustified absence. In this study, the author analysed the specific elements of this crime, including: the specific legal object - military discipline, the field of the active subject and the essential requirements imposed by its objective side.

  14. When Should Neuroimaging be Applied in the Criminal Court?

    DEFF Research Database (Denmark)

    Ryberg, Jesper

    2014-01-01

    When does neuroimaging constitute a sufficiently developed technology to be put into use in the work of determining whether or not a defendant is guilty of crime? This question constitutes the starting point of the present paper. First, it is suggested that an overall answer is provided by what i......-suited for delivering the sort of theoretical guidance that is required for assessing the desirability of using neuroimaging in the work of the criminal court....

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

    OpenAIRE

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

    2005-01-01

    A review of 19 studies suggests that it may be feasible to identify prisoners with suicide risk on the basis of demographic, psychiatric, and criminal characteristics. The present study aimed to identify combinations of characteristics that are capable of identifying potential suicide victims. Characteristics of 95 suicide victims in the Dutch prison system were compared with those of a random sample of 247 inmates in ten jails. Combinations of indicators for suicide risk were also tested for...

  16. Criminal Violence and State Responses in the Northern Triangle

    Science.gov (United States)

    2016-12-01

    Organizations: The Changing Relationships in a Time of Turmoil,” February 2013, 9. 48Ibid. 49Ibid., 15. 50Ibid., 9. 51José Miguel Cruz , “Criminal...To make matters worse, in 2009, a coup removed President Manuel Zelaya from office in an attempt to allow democratic leadership to continue.133 As...171Pion-Berlin, Military Missions, 73. 49 Cruz during his talk with WOLA, this structural response from the government stems from over twenty years

  17. KARAKTERISTIK PERTANGGUNGJAWABAN PIDANA KORPORASI (The Characteristics of Corporate Criminal Responsibility

    Directory of Open Access Journals (Sweden)

    Adriano Adriano

    2016-03-01

    Full Text Available Disertasi ini membahas lebih dalam mengenai karakteristik korporasi yang berbadan hukum maupun yang tidak berbadan hukum, keduanya didiskusikan pada kerangka yang sama dari pertanggungjawaban pidana korporasi. Meskipun demikian, seringkali pada beberapa hukum atau peraturan selain KUHP, baik pada hukum pidana maupun hukum administratif dengan sanksi pidana, perusahaan digambarkan sebagai sekumpulan orang/kekayaan yang terorganisir baik yang berbadan hukum maupun yang tidak. Pengertian ini sangat jauh berbeda dari apa yang dinyatakan oleh para ahli hukum terutama pada hukum pidana yang biasanya menyatakan perusahaan sebagai badan hukum. Meskipun demikian, hal ini tidaklah sama bagi perusahaan yang tidak berbadan hukum. Perbedaan tersebut akan menyebabkan konsekuensi hukum tersendiri karena perusahaan tidak bisa dan tidak akan pernah diperlakukan sama terkait pertanggungjawaban pidana korporasi.   This dissertation analyzed for real about characteristics of an entity, either a legal or the nonlegal "entity'' which all were discussed in the same outline of corporate crime responsibility. It was often, though, in several laws aside from the Penal Code of Indonesia (KUHP, both in Criminal Law and Administrative Law with criminal sanction, that corporate is defined as a collection of organized people and or wealth, either as a legal or the nonlegal entity. The definitions in those laws are really different from those of law experts, especially those of criminal law who basically identify corporate as a legal entity, however the same is not true for those of the nonlegal entity. Such differences of the legal and nonlegal entities would bring their own legal consequences, therefore they could not and would not be treated the same referring to corporate criminal responsibility.

  18. Criminality Among Rural Stimulant Users in the United States

    OpenAIRE

    Oser, Carrie; Leukefeld, Carl; Staton-Tindall, Michele; Duvall, Jamieson; Garrity, Thomas; Stoops, William; Falck, Russel; Wang, Jichuan; Carlson, Robert; Sexton, Rocky; Wright, Patricia; Booth, Brenda

    2011-01-01

    Despite the increase in media attention on “meth cooking” in rural areas of the United States, little is known about rural stimulant use, particularly the criminality associated with stimulant use. Data were collected from community stimulant users in rural Ohio, Arkansas, and Kentucky (N=709). Findings from three logistic regression models indicate that younger stimulant users (x =32.55, SD = 10.35), those with more convictions, and those who used crack frequently were significantly more lik...

  19. Gender, Social Support, and Depression in Criminal Justice Involved Adolescents

    OpenAIRE

    Johnson, Jennifer E.; Esposito-Smythers, Christianne; Miranda, Robert; Rizzo, Christie J.; Justus, Alicia N.; Clum, George

    2010-01-01

    Knowing where criminal justice involved teens look for support and whether those supports reduce depression has important and possibly gender-specific treatment implications for this vulnerable population. This study examines the relationships between social support and depression in a mixed-gender sample of 198 incarcerated adolescents. Greater support from families and overall and greater satisfaction with supports predicted lower depression for boys and girls. Support from siblings and ext...

  20. Analysis of the relation between intelligence and criminal behavior

    Directory of Open Access Journals (Sweden)

    Dragan Jovanovic

    2012-12-01

    Full Text Available Introduction: One of the cognitive aspects of personality is intelligence. A large number of previous studies have shown that the intelligence within the criminal population is decreased, particularly in its verbal aspect.The aim of this study is to determine whether there is a link between intelligence and criminal behavior and how it is manifested.Methods: The research involved criminal inmates of the Correctional institutes of Republic of Srpska and Court Department of Psychiatry Clinic Sokolac who committed homicide and various non-homicide acts. Thetest group consisted of 60 inmates who have committed homicide (homicide offenders and a control group of 60 inmates who did not commit homicide (non-homicide offenders. The study was controlled, transverse or cross-sectional study.Results: Average intelligence of inmates (homicidal and non-homicidal was IQ 95.7. Intelligence of homicide inmates was IQ 97.4 and non-homicide IQ 94.09. Intelligence coeffi cients for non-homicide inmatesubgroups were as follows - subgroup consisting of robbery offenders (IQ 96.9, subgroup consisting of theft perpetrators (IQ 93.83, subgroups consisting of other criminal offenders (IQ 92.8. Verbal intellectual ability– IQw of homicide inmates was 91.22, and 91.10 IQw of non-homicide inmates. Intellectual abilities in nonverbal or manipulative part were average, but they were higher in homicide inmates group (IQm 103.65 than in the group of non-homicide inmates (IQm 97.08.Conclusion: Average intelligence of investigated inmates (homicide and non-homicide is lower than in the general population and corresponds to low average. Verbal part of intelligence is lowered while nonverbalpart is within the average range.