76 FR 76037 - Office of the Attorney General; Assumption of Concurrent Federal Criminal Jurisdiction in Certain...

Science.gov (United States)

2011-12-06

... Office of the Attorney General; Assumption of Concurrent Federal Criminal Jurisdiction in Certain Areas of Indian Country AGENCY: Office of the Attorney General, Department of Justice. ACTION: Final rule... concurrent criminal jurisdiction within the tribe's Indian country, and for the Attorney General to decide...

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...

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...

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.

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

Exploring parenting as a predictor of criminogenic thinking in college students.

Science.gov (United States)

Gonzalez, Rose; Mandracchia, Jon T; Nicholson, Bonnie; Dahlen, Eric

2014-09-01

Crime-promoting cognitions and attitudes, globally labeled as criminogenic thinking, are shown to perpetuate maladaptive and antisocial behavior in criminals and nonoffenders. In the nonoffender population, these thinking patterns may not lead to illegal behavior, but can result in irresponsible or maladaptive behavioral consequences. Theories suggest that early childhood parent-child interactions may be partly responsible for the development of criminogenic thinking. While the relationship between parenting and antisocial behavior is well documented, the connection between parenting and the development of criminogenic thinking styles has not yet been explored. The current study examined the nature of the relationship between exposure to parenting behaviors and subsequent criminogenic thoughts in a nonoffender, college population. The sample included 119 undergraduates. Results indicate that parenting may affect general criminogenic thinking as well as specific types of criminogenic thinking styles. Relevance and importance of the findings with regard to clinical work and parenting are also discussed. © The Author(s) 2013.

Bioethics against disappearance of a man a prism of general and criminal-law theory

Directory of Open Access Journals (Sweden)

Trajković Marko

2015-01-01

Full Text Available Bioethics, as a meeting point, engrossed with its fight against the disappearance of the man, both general and criminal-law theory. Actually, its 'care' for the man is an issue that comes before general and criminal-law theory. While the forms of disappearance of the man are very diverse and very often so refined that they cannon sometimes be recognized, the fight against the disappearance of the man must be open, clear and uncompromising. What is the role of law in this fight? The role imposed itself. Even if the law did not want to take part in the fight, it found itself in the middle of the battlefield because human life is protected from beginning to the end by legal norms that should emerge from the best writings of general and criminal-law theory. However, self-sufficiency of law and mere legal positivism are a true obstacle in this battle. This pressure and the lack of questionings are the first step on the road to disappearance of the man, because a man that asks questions is the man that exists. He and his boldness are a barrier to voluntarism. The lack of boldness of the man opens the gates to his disappearance. This boldness has not been taken away from him in the field of bioethics, which is neither secular nor religious, but rather unique as the man is unique.

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 ...

‘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.

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.

Community-based inquiry improves critical thinking in general education biology.

Science.gov (United States)

Quitadamo, Ian J; Faiola, Celia L; Johnson, James E; Kurtz, Martha J

2008-01-01

National stakeholders are becoming increasingly concerned about the inability of college graduates to think critically. Research shows that, while both faculty and students deem critical thinking essential, only a small fraction of graduates can demonstrate the thinking skills necessary for academic and professional success. Many faculty are considering nontraditional teaching methods that incorporate undergraduate research because they more closely align with the process of doing investigative science. This study compared a research-focused teaching method called community-based inquiry (CBI) with traditional lecture/laboratory in general education biology to discover which method would elicit greater gains in critical thinking. Results showed significant critical-thinking gains in the CBI group but decreases in a traditional group and a mixed CBI/traditional group. Prior critical-thinking skill, instructor, and ethnicity also significantly influenced critical-thinking gains, with nearly all ethnicities in the CBI group outperforming peers in both the mixed and traditional groups. Females, who showed decreased critical thinking in traditional courses relative to males, outperformed their male counterparts in CBI courses. Through the results of this study, it is hoped that faculty who value both research and critical thinking will consider using the CBI method.

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…

Individuals with Mental Retardation and the Criminal Justice System: The View from States' Attorneys General.

Science.gov (United States)

McAfee, James K.; Gural, Michele

1988-01-01

Results of a survey of state attorneys general (N=46) found that, with few exceptions, identification of persons with mental retardation in criminal justice is neither systematic nor probable. Protections lie in statutes pertaining to mental illness rather than to mental retardation. (Author/DB)

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...

Systems and complexity thinking in general practice: part 1 - clinical application.

Science.gov (United States)

Sturmberg, Joachim P

2007-03-01

Many problems encountered in general practice cannot be sufficiently explained within the Newtonian reductionist paradigm. Systems and complexity thinking - already widely adopted in most nonmedical disciplines - describes and explores the contextual nature of questions posed in medicine, and in general practice in particular. This article briefly describes the framework underpinning systems and complexity sciences. A case study illustrates how systems and complexity thinking can help to better understand the contextual nature of patient presentations, and how different approaches will lead to different outcomes.

Developing Pre-Algebraic Thinking in Generalizing Repeating Pattern Using SOLO Model

Science.gov (United States)

Lian, Lim Hooi; Yew, Wun Thiam

2011-01-01

In this paper, researchers discussed the application of the generalization perspective in helping the primary school pupils to develop their pre-algebraic thinking in generalizing repeating pattern. There are two main stages of the generalization perspective had been adapted, namely investigating and generalizing the pattern. Since the Biggs and…

Learning to improve: using writing to increase critical thinking performance in general education biology.

Science.gov (United States)

Quitadamo, Ian J; Kurtz, Martha J

2007-01-01

Increasingly, national stakeholders express concern that U.S. college graduates cannot adequately solve problems and think critically. As a set of cognitive abilities, critical thinking skills provide students with tangible academic, personal, and professional benefits that may ultimately address these concerns. As an instructional method, writing has long been perceived as a way to improve critical thinking. In the current study, the researchers compared critical thinking performance of students who experienced a laboratory writing treatment with those who experienced traditional quiz-based laboratory in a general education biology course. The effects of writing were determined within the context of multiple covariables. Results indicated that the writing group significantly improved critical thinking skills whereas the non-writing group did not. Specifically, analysis and inference skills increased significantly in the writing group but not the non-writing group. Writing students also showed greater gains in evaluation skills; however, these were not significant. In addition to writing, prior critical thinking skill and instructor significantly affected critical thinking performance, whereas other covariables such as gender, ethnicity, and age were not significant. With improved critical thinking skill, general education biology students will be better prepared to solve problems as engaged and productive citizens.

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...

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...

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

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.

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

Redesigning a General Education Science Course to Promote Critical Thinking

Science.gov (United States)

Rowe, Matthew P.; Gillespie, B. Marcus; Harris, Kevin R.; Koether, Steven D.; Shannon, Li-Jen Y.; Rose, Lori A.

2015-01-01

Recent studies question the effectiveness of a traditional university curriculum in helping students improve their critical thinking and scientific literacy. We developed an introductory, general education (gen ed) science course to overcome both deficiencies. The course, titled Foundations of Science, differs from most gen ed science offerings in that it is interdisciplinary; emphasizes the nature of science along with, rather than primarily, the findings of science; incorporates case studies, such as the vaccine-autism controversy; teaches the basics of argumentation and logical fallacies; contrasts science with pseudoscience; and addresses psychological factors that might otherwise lead students to reject scientific ideas they find uncomfortable. Using a pretest versus posttest design, we show that students who completed the experimental course significantly improved their critical-thinking skills and were more willing to engage scientific theories the general public finds controversial (e.g., evolution), while students who completed a traditional gen ed science course did not. Our results demonstrate that a gen ed science course emphasizing the process and application of science rather than just scientific facts can lead to improved critical thinking and scientific literacy. PMID:26231561

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....

Fostering Creative Thinking Within the U.S. Army Command and General Staff Officers’ Course Curriculum

Science.gov (United States)

2016-06-10

are often displayed as a pyramid to aid in visualization (Reeves 2011). Synthesis, considered a higher order thinking skill, is most applicable to...FOSTERING CREATIVE THINKING WITHIN THE U.S. ARMY COMMAND AND GENERAL STAFF OFFICERS’ COURSE CURRICULUM A thesis presented...From - To) AUG 2015 – JUN 2016 4. TITLE AND SUBTITLE Fostering Creative Thinking within the U.S. Army Command and General Staff Officers’ Course

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

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.

Quasi and real toughening of criminal liability for mediation of bribery

Directory of Open Access Journals (Sweden)

Evgeniya V. Rogova

2015-12-01

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

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

Directory of Open Access Journals (Sweden)

MONICA POCORA

2011-04-01

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

The 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.…

Think tanks criminológicos: Una herramienta de política pública contra el crimen/Criminological think tanks: A tool of public policy on crime

Directory of Open Access Journals (Sweden)

Ervyn Norza- Céspedes

2013-01-01

Full Text Available Este documento es el producto de la construcción metodológica en la investigación del crimen y la creación de unidades especializadas que operacionalicen las diferentes formas de analizar y comprender los comportamientos criminosos en una sociedad, con el fin de generar insumos en el diseño de la política criminal en un país o región. Por lo tanto, en el escrito se revisan los conceptos de Think Tank, política criminal, investigación criminológica y la experiencia de la Dirección de investigación Criminal e INTERPOL de la Policía Nacional de Colombia en la creación del Observatorio del Delito como herramienta en la política criminal.

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

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.

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.

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

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...

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.

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...

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…

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.

Critical Thinking Skills among Elementary School Students: Comparing Identified Gifted and General Education Student Performance

Science.gov (United States)

Kettler, Todd

2014-01-01

Education reform efforts, including the current adoption of Common Core State Standards, have increased attention to teaching critical thinking skills to all students. This study investigated the critical thinking skills of fourth-grade students from a school district in Texas, including 45 identified gifted students and 163 general education…

Einstein's creative thinking and the general theory of relativity: a documented report.

Science.gov (United States)

Rothenberg, A

1979-01-01

A document written by Albert Einstein has recently come to light in which the eminent scientist described the actual sequence of his thoughts leading to the development of the general theory of relativity. The key creative thought was an instance of a type of creative cognition the author has previously designated "Janusian thinking," Janusian thinking consists of actively conceiving two or more opposite or antithetical concepts, ideas, or images simultaneously. This form of high-level secondary process cognition has been found to operate widely in art, science, and other fields.

Redesigning a General Education Science Course to Promote Critical Thinking.

Science.gov (United States)

Rowe, Matthew P; Gillespie, B Marcus; Harris, Kevin R; Koether, Steven D; Shannon, Li-Jen Y; Rose, Lori A

2015-01-01

Recent studies question the effectiveness of a traditional university curriculum in helping students improve their critical thinking and scientific literacy. We developed an introductory, general education (gen ed) science course to overcome both deficiencies. The course, titled Foundations of Science, differs from most gen ed science offerings in that it is interdisciplinary; emphasizes the nature of science along with, rather than primarily, the findings of science; incorporates case studies, such as the vaccine-autism controversy; teaches the basics of argumentation and logical fallacies; contrasts science with pseudoscience; and addresses psychological factors that might otherwise lead students to reject scientific ideas they find uncomfortable. Using a pretest versus posttest design, we show that students who completed the experimental course significantly improved their critical-thinking skills and were more willing to engage scientific theories the general public finds controversial (e.g., evolution), while students who completed a traditional gen ed science course did not. Our results demonstrate that a gen ed science course emphasizing the process and application of science rather than just scientific facts can lead to improved critical thinking and scientific literacy. © 2015 M. P. Rowe, B. M. Gillespie, et al. CBE—Life Sciences Education © 2015 The American Society for Cell Biology. This article is distributed by The American Society for Cell Biology under license from the author(s). It is available to the public under an Attribution–Noncommercial–Share Alike 3.0 Unported Creative Commons License (http://creativecommons.org/licenses/by-nc-sa/3.0).

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.

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...

Public perceptions of risk in criminality: the effects of mental illness and social disadvantage.

Science.gov (United States)

Nee, Claire; Witt, Clare

2013-10-30

We examined how different types of mental illness elicited varying levels of predicted criminality and compared this with factors which might also elicit a negative response, specifically, a criminal history and social disadvantage. A sample of 243 participants undertook an anonymous, online experiment. Each participant was exposed to one of six vignettes: three involved mental illness (schizophrenia, depression/anxiety, or alcohol dependency); two in which socio-economic background was manipulated; and a control. The impact of mental illness, history of criminality and social disadvantage on the likelihood that the character in the vignette would commit future crime, and levels of sympathy, trust and potential for rehabilitation in the character were measured. Age and personal experience of mental illness and/or criminal behaviour in the participants was also examined. The sample were significantly more likely to think that a character would 'possibly' commit future crime if he had mental illness in comparison to the control, but crimes were expected to be minor. Significantly more discriminatory behaviour was reported towards the character with no mental illness but a disadvantaged background. Familiarity ameliorated this effect. Prejudice towards those with a criminal past and a disadvantaged background may be stronger than prejudice against those with mental illnesses. Copyright © 2013 Elsevier Ireland Ltd. All rights reserved.

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.

Prison tattoos as a reflection of the criminal lifestyle.

Science.gov (United States)

Lozano, Alicia T Rozycki; Morgan, Robert D; Murray, Danielle D; Varghese, Femina

2011-06-01

The purpose of this study was to examine the relationship between prison tattoos and the criminal lifestyle and recidivism. Participants consisted of 81 male inmates with prison tattoos (i.e., prison-themed or prison-made tattoos), 75 inmates with nonprison tattoos (e.g., animal tattoos, tattoos of ethnic origin), 52 male inmates with no tattoos, and 66 college students with tattoos. Results indicated that inmates with prison tattoos differed from inmates with nonprison tattoos, inmates without tattoos, and college students with tattoos with regard to criminal thinking styles, were at increased risk of recidivism, and presented more institutional behavioral problems, resulting in more disciplinary infractions. There were no significant differences between inmate groups with regard to number of convictions; however, additional group comparisons indicated that inmates with visible tattoos and antisocial-themed tattoos were at greater risk for recidivism and received more disciplinary infractions than inmates without visible or antisocial-themed tattoos. Implications of these findings are discussed.

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.

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

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

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

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.

Anxiety Sensitivity Dimensions and Generalized Anxiety‏ ‏Severity: The ‎Mediating Role of Experiential Avoidance and Repetitive‏ ‏Negative Thinking

Directory of Open Access Journals (Sweden)

Parvaneh‏ ‏ Mohammadkhani

2016-10-01

Full Text Available Objective: Generalized anxiety disorder is one of the most common anxiety disorders in the general ‎population. Several studies suggest that anxiety sensitivity is a vulnerability factor in generalized ‎anxiety severity. However, some other studies suggest that negative repetitive thinking and ‎experiential avoidance as response factors can explain this relationship. Therefore, this study ‎aimed to investigate the mediating role of experiential avoidance and negative repetitive thinking ‎in the relationship between anxiety sensitivity and generalized anxiety severity.‎Method: This was a cross-sectional and correlational study. A sample of 475 university students was ‎selected through stratified sampling method. The participants completed Anxiety Sensitivity ‎Inventory-3, Acceptance and Action Questionnaire-II, Perseverative Thinking Questionnaire, and ‎Generalized Anxiety Disorder 7-item Scale. Data were analyzed by Pearson correlation, multiple ‎regression analysis and path analysis.‎Results: The results revealed a positive relationship between anxiety sensitivity, particularly cognitive ‎anxiety sensitivity, experiential avoidance, repetitive thinking and generalized anxiety severity. In ‎addition, findings showed that repetitive thinking, but not experiential avoidance, fully mediated ‎the relationship between cognitive anxiety sensitivity and generalized anxiety severity. α Level ‎was p<0.005.‎Conclusion: Consistent with the trans-diagnostic hypothesis, anxiety sensitivity predicts generalized anxiety‏ ‏severity, but its effect is due to the generating repetitive negative thought.‎

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…

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

Directory of Open Access Journals (Sweden)

Jeannet Quiroz Bautista

2011-12-01

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

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

The protection of fundamental human rights in criminal process General report

NARCIS (Netherlands)

Brants, C.; Franken, Stijn

2009-01-01

This contribution examines the effect of the uniform standards of human rights in international conventions on criminal process in different countries and identifies factors inherent in national systems that influence the scope of international standards and the way in which they are implemented in

A Learning Trajectory in 6-Year-Olds' Thinking about Generalizing Functional Relationships

Science.gov (United States)

Blanton, Maria; Brizuela, Bárbara M.; Gardiner, Angela Murphy; Sawrey, Katie; Newman-Owens, Ashley

2015-01-01

The study of functions is a critical route into teaching and learning algebra in the elementary grades, yet important questions remain regarding the nature of young children's understanding of functions. This article reports an empirically developed learning trajectory in first-grade children's (6-year-olds') thinking about generalizing functional…

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...

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 ...

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...

Fashioning an ex-crook self: citizenship and criminality in the work of Netley Lucas.

Science.gov (United States)

Houlbrook, Matt

2013-01-01

This essay uses the autobiographical and journalistic work of the confidence trickster Netley Lucas to explore the possibilities and problems of writing as an ex-crook in inter-war Britain. In so doing, it considers the intersections between emerging forms of mass culture, popular and scientific narratives of criminality, and increasingly heated debates about the social and institutional management of crime. This case study provides an opportunity to think critically about the extent to which inter-war criminology was the modernizing project it often claimed to be. In the hands of Lucas and others, different modes of writing about crime bled into one another. Older forms of criminal confession coexisted with 'modern' criminological knowledge as mutually constitutive ways of apprehending the social.

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

NARCIS (Netherlands)

Cupido, M.

2016-01-01

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

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

Science.gov (United States)

Piquero, Alex R

2011-07-01

The study of criminal careers generally, and patterns of continuity and change in criminal offending in particular, has been a long-standing interest to social scientists across many disciplines. This article provides readers with an overview of this line of research. After an introduction to the criminal career perspective, the article presents several 'facts' that have emerged from criminal career studies. This material segues into a discussion of theories based on criminal careers research as well as a related discussion of the emerging methods and trends in the area. The article closes with some observations about public policy with respect to criminal careers knowledge and identifies some neglected research needs. A key summary conclusion is that the processes associated with continuity and change are not mutually exclusive, but instead are important and complimentary aspects of criminal careers research.

An 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.

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

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...

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.

Are batterers different from other criminals? An fMRI study

Science.gov (United States)

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

2016-01-01

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

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.

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

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.

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...

CRIMINAL LAW PROTECTION OF DATABASE AT A GLANCE

Directory of Open Access Journals (Sweden)

LUCIAN T. POENARU

2012-05-01

Full Text Available Database protection is provided in Romania by the general law on copyright no. 8/1996. According to the law, it is considered to be a crime making available to the public, by any means, the special rights attributed to database owners or copies thereof. This paper will focus on, one hand, presenting the way database and database related products can be subject to a copyright general protection and, on the other, revealing the special sui generis right attributed to database owners. In such a context, criminal instruments for protecting such rights seem to be quite annoying for the perpetrator, but less effective when it comes to a proper enforcement by the criminal bodies. This paper will therefore try to compare the way guilty actions of the culprit are effectively sanctioned by the criminal instruments provided by the law.And because the Romanian law on copyright does follow at least the letter of the European Directives on copyright and the protection of database, this paper will also search the spirit of the relevant European case-law and its applicability by the Romanian authorities.

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...

21 CFR 7.87 - Records related to opportunities for presentation of views conducted before report of criminal...

Science.gov (United States)

2010-04-01

... of views conducted before report of criminal violation. 7.87 Section 7.87 Food and Drugs FOOD AND DRUG ADMINISTRATION, DEPARTMENT OF HEALTH AND HUMAN SERVICES GENERAL ENFORCEMENT POLICY Criminal... criminal violation. (a) Records related to a section 305 opportunity for presentation of views constitute...

On voluntariness of the withdrawal from the commitment of the criminal offence

Directory of Open Access Journals (Sweden)

Đokić Ivan

2015-01-01

Full Text Available Serbian Criminal Code (CC provides in art. 32 that offender who voluntary withdraws from an attempted offence can be released from punishment. CC distinguishes between two different types of attempt, unfinished and finished attempt. For both types CC prescribes that withdrawal must be voluntary. In earlier theory the distinction between voluntariness and involuntariness was made on the basis of the so-called Frank's Formula (the withdrawal is voluntary if the perpetrator says: I don't wish to complete the offence if I could, whereas it will be involuntary if he thinks: I cannot complete the offence if I wanted to. This theory has been abandoned in the modern criminal law doctrine. The requirement of voluntariness is usually interpreted according to psychological and normative approach. According to art. 32 (2 CC there is no voluntariness if it is impossible for the offender to commit the offence or if there are some obstacles which make significantly difficult the commitment of the criminal offence. Serbian jurisprudence holds a restrictive approach to the requirement of voluntariness despite the fact that CC unlike the law of some other countries doesn't prescribe that withdrawal leads to a full acquittal from the charge based on the attempted offence.

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

Science.gov (United States)

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

2016-05-01

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

Rational Thinking and Reasonable Thinking in Physics

Directory of Open Access Journals (Sweden)

Isaeva E. A.

2008-04-01

Full Text Available The usual concept of space and time, based on Aristotle's principle of contemplation of the world and of the absoluteness of time, is a product of rational thinking. At the same time, in philosophy, rational thinking differs from reasonable thinking; the aim of logic is to distinguish finite forms from infinite forms. Agreeing that space and time are things of infinity in this work, we shall show that, with regard to these two things, it is necessary to apply reasonable thinking. Spaces with non-Euclidean geometry, for example Riemannian and Finslerian spaces, in particular, the space of the General Theory of the Relativity (four-dimensional pseudo-Riemannian geometry and also the concept of multi-dimensional space-time are products of reasonable thinking. Consequently, modern physical experiment not dealing with daily occurrences (greater speeds than a low speed to the velocity of light, strong fields, singularities, etc. can be covered only by reasonable thinking.

Rational Thinking and Reasonable Thinking in Physics

Directory of Open Access Journals (Sweden)

Isaeva E. A.

2008-04-01

Full Text Available The usual concept of space and time, based on Aristotle’s principle of contemplation of the world and of the absoluteness of time, is a product of rational thinking. At the same time, in philosophy, rational thinking differs from reasonable thinking; the aim of logic is to distinguish finite forms from infinite forms. Agreeing that space and time are things of infinity in this work, we shall show that, with regard to these two things, it is necessary to apply reasonable thinking. Spaces with non-Euclidean geometry, for example Riemannian and Finslerian spaces, in particular, the space of the General Theory of the Relativity (four-dimensional pseudo-Riemannian geometry and also the concept of multi-dimensional space-time are products of reasonable thinking. Consequently, modern physical experiment not dealing with daily occurrences (greater speeds than a low speed to the velocity of light, strong fields, singularities, etc. can be covered only by reasonable thinking.

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.…

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

Directory of Open Access Journals (Sweden)

Lavinia Mihaela Vladila

2011-05-01

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

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

Neurobiological and psychosocial conditionings of rationality of criminal behaviour – review

Directory of Open Access Journals (Sweden)

Przemysław Piotrowski

2011-12-01

Full Text Available The term “rationality” has been mentioned for ages in philosophical discourse, and later in science. No wonder that considerations regarding the reasons behind committing crimes involve the question of rationality of culprits. The article comprises a review of contemporary research on factors which, on a neurobiological, psychological or social level, modify the level of rationality of criminals. In case of the juveniles, factors such as not fully developed brain structures, the influence of hormonal changes resulting in emotional instability and peer pressure, should also be taken into account. Adult criminals often manifest a deficit of activity in the prefrontal cortex of the brain, combined with increased activity in the subcortex, resulting in an increased propensity for violence. Neurophysiologic disorders may be accompanied by factors reducing the rationality, such as: errors in thinking, habitual use of neutralisation techniques or being lead by the, typical for street culture, perception of justice. All of the above should be taken into account as a part of a multi-aspect analyses of the causes of crime.

THE URGENCY OF THE CRIMINAL POLICY IN CRIME MITIGATION POLICE PROFESSION

Directory of Open Access Journals (Sweden)

Ridwan Tahir

2016-12-01

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

Criminal aspects of domestic violence

OpenAIRE

Váňová, Radka

2013-01-01

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

Tourist criminality

OpenAIRE

Jakovlev, Zlatko; Koteski, Cane; Dimitrov, Nikola

2015-01-01

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

Dentistry and criminal law.

Science.gov (United States)

Khoury, B S; Khoury, J N

2017-09-01

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

Examination of the Computational Thinking Skills of Students

Science.gov (United States)

Korucu, Agah Tugrul; Gencturk, Abdullah Tarik; Gundogdu, Mustafa Mucahit

2017-01-01

Computational thinking is generally considered as a kind of analytical way of thinking. According to Wings (2008) it shares with mathematical thinking, engineering thinking and scientific thinking in the general ways in which we may use for solving a problem, designing and evaluating complex systems or understanding computability and intelligence…

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

Directory of Open Access Journals (Sweden)

Akeem Olajide Bello

2013-03-01

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

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.

Thinking about thinking: implications for patient safety.

Science.gov (United States)

Montgomery, Kathryn

2009-01-01

Clinical medicine, a learned, rational, science-using practice, is labelled a science even though physicians have the good sense not to practise it that way. Rather than thinking like scientists - or how we think scientists think - physicians are engaged in analogical, interpretive reasoning that resembles Aristotle's phronesis, or practical reasoning, more closely than episteme, or scientific reasoning. In medicine, phronesis is clinical judgment; and while it depends on both a fund of information and extensive experience, somehow it is not quite teachable. This practical, clinical rationality relies on case narrative for teaching and learning about illness and disease, for recording and communicating about patient care and, inevitably, for thinking about and remembering the details, as well as the overarching rules of practice. At the same time, "anecdotal" remains the most pejorative word in medicine, and the tension between the justifiable caution this disdain expresses and the pervasive narrative structure of medical knowledge is characteristic of clinical knowing generally: a tug-of-war between apparent irreconcilables that can be settled only by an appeal to the circumstances of the clinical situation. Practical rationality in the clinical encounter is characterized by a productive circulation between the particular details of the patient's presentation and general information about disease stored as a taxonomy of cases. Evidence-based medicine can improve this negotiation between general knowledge and the patient's particulars, but it cannot replace it. In a scientific era, clinical judgment remains the quintessential intellectual strength of the clinician. Why, then, do we not teach the epistemology of medicine? Understanding the mis-description of physicians' thinking - and the accompanying claim that medicine is, in itself, a science - could mitigate the misplaced perfectionism that makes mistakes in medicine personal and unthinkable.

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

NARCIS (Netherlands)

E Silva, Karine

2017-01-01

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

The protection of fundamental human rights in criminal process
General report

Directory of Open Access Journals (Sweden)

Chrisje Brants

2009-10-01

Full Text Available This contribution examines the effect of the uniform standards of human rights in international conventions on criminal process in different countries and identifies factors inherent in national systems that influence the scope of international standards and the way in which they are implemented in a national context. Three overreaching issues influence the reception of international fundamental rights and freedoms in criminal process: constitutional arrangements, legal tradition and culture, and practical circumstances. There is no such thing as the uniform implementation of convention standards; even in Europe where the European Convention on Human Rights and Fundamental Freedoms and the case law of the European Court play a significant role, there is still much diversity in the actual implementation of international norms due to the influence of legal traditions which form a counterforce to the weight of convention obligations. An even greater counterforce is at work in practical circumstances that can undermine international norms, most especially global issues of security, crime control and combating terrorism. Although convention norms are still in place, there is a very real risk that they are circumvented or at least diluted in order to increase effective crime control.

Evolutionary thinking

Science.gov (United States)

Hunt, Tam

2014-01-01

Evolution as an idea has a lengthy history, even though the idea of evolution is generally associated with Darwin today. Rebecca Stott provides an engaging and thoughtful overview of this history of evolutionary thinking in her 2013 book, Darwin's Ghosts: The Secret History of Evolution. Since Darwin, the debate over evolution—both how it takes place and, in a long war of words with religiously-oriented thinkers, whether it takes place—has been sustained and heated. A growing share of this debate is now devoted to examining how evolutionary thinking affects areas outside of biology. How do our lives change when we recognize that all is in flux? What can we learn about life more generally if we study change instead of stasis? Carter Phipps’ book, Evolutionaries: Unlocking the Spiritual and Cultural Potential of Science's Greatest Idea, delves deep into this relatively new development. Phipps generally takes as a given the validity of the Modern Synthesis of evolutionary biology. His story takes us into, as the subtitle suggests, the spiritual and cultural implications of evolutionary thinking. Can religion and evolution be reconciled? Can evolutionary thinking lead to a new type of spirituality? Is our culture already being changed in ways that we don't realize by evolutionary thinking? These are all important questions and Phipps book is a great introduction to this discussion. Phipps is an author, journalist, and contributor to the emerging “integral” or “evolutionary” cultural movement that combines the insights of Integral Philosophy, evolutionary science, developmental psychology, and the social sciences. He has served as the Executive Editor of EnlightenNext magazine (no longer published) and more recently is the co-founder of the Institute for Cultural Evolution, a public policy think tank addressing the cultural roots of America's political challenges. What follows is an email interview with Phipps. PMID:26478766

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”

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.

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.

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.

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.

Terrorism and information sharing between the intelligence and law enforcement communities in the US and the Netherlands: emergency criminal law?

Directory of Open Access Journals (Sweden)

John A. E. Vervaele

2005-06-01

Full Text Available Intelligence sharing between intelligence and police services with a view to preventing and combating terrorism is high on the political agenda in Brussels and The Hague. The Netherlands is one of the few countries in the EU where this topic is subject of political scrutiny. It also led to controversial case law. Recently, Justice Minister Donner has used an expedited procedure to submit a legislative proposal concerning shielded witnesses. This Bill raises many questions, that concern, amongst others, the discretion of intelligence services to determine which information will be provided for use in criminal proceedings and the relationship between this discretionary power and the connected legal duty of secrecy on the one hand and the rights of the defence to test and question that information on the other. Furthermore, questions raise regarding the evidentiary quality of this information. The proposed rules also influence the legitimacy of criminal law and the position of the criminal courts. What effect does the paradigm of security-orientated thinking have on the historical connection between criminal law and the rule of law? This issue is also addressed in this article.

Psychology and criminal justice

OpenAIRE

Adler, Joanna R.

2013-01-01

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

Criminal aspects domestic violence

OpenAIRE

Smetanová, Kristina

2013-01-01

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

Criminal Law in Denmark

DEFF Research Database (Denmark)

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

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

In Search of Police Investigative Thinking Styles: An Exploratory Study of Detectives in Norway and Singapore

Science.gov (United States)

Dean, Geoff; Fahsing, Ivar Andre; Gottschalk, Petter

2007-01-01

In this paper, we argue that more research attention needs to be devoted to profile how investigators think when attempting to solve crimes and dismantle terrorist networks. Since 9/11, there is much activity focused on profiling criminals and terrorists but little on the other side of the investigative equation the detectives/investigators…

The Execution of Criminal Fine Penalty

Directory of Open Access Journals (Sweden)

Cosmin Peneoașu

2014-05-01

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

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

OpenAIRE

Cameron, Edwin; Burris, Scott; Clayton, Michaela

2008-01-01

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

32 CFR 635.16 - General.

Science.gov (United States)

2010-07-01

... 32 National Defense 4 2010-07-01 2010-07-01 true General. 635.16 Section 635.16 National Defense Department of Defense (Continued) DEPARTMENT OF THE ARMY (CONTINUED) LAW ENFORCEMENT AND CRIMINAL INVESTIGATIONS LAW ENFORCEMENT REPORTING Offense Reporting § 635.16 General. (a) This subpart establishes policy for reporting founded criminal offenses...

Relevant Skills for Criminal Accounting Expertise: The Perception of Federal Police Experts and Delegates

Directory of Open Access Journals (Sweden)

Carlos Roberto dos Santos Filho

2017-03-01

Full Text Available This research aimed to identify which skills are considered most relevant to the practice of criminal accounting expertise in Brazil. As in international research, the skills perceived as most relevant were written communication, deductive analysis and critical thinking. Among the less relevant skills were the interview and the solution and negotiation of conflicts. In the second part, while experts and delegates jointly consider written communication to be the most present skills, delegates diverge from experts in terms of critical thinking and serenity. In addition, the respondents indicated skills that had not been investigated, and the most cited skills were proactivity, objectivity and updating. In the light of forensic accounting, the research method used was the survey, using a predefined questionnaire with open and closed questions, which 144 respondents answered. The study was divided into three parts: the first about the perceived relevance of the skills, the second about the perceived practical application of skills and the third part allowed the respondents to contribute with suggestions of skills that were considered relevant but did not figure among the skills investigated. The study contributes to the establishment of curricular guidelines for undergraduate and postgraduate courses related to the training of skills considered relevant for the training of future professionals and for the improvement of criminal accounting experts. Finally, we observe that the skills investigated and suggested can contribute to all areas of accounting expertise.

Food Design Thinking: A Branch of Design Thinking Specific to Food Design

Science.gov (United States)

Zampollo, Francesca; Peacock, Matthew

2016-01-01

Is there a need for a set of methods within Design Thinking tailored specifically for the Food Design process? Is there a need for a branch of Design Thinking dedicated to Food Design alone? Chefs are not generally trained in Design or Design Thinking, and we are only just beginning to understand how they ideate and what recourses are available to…

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.

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

Directory of Open Access Journals (Sweden)

Jayme José de Souza FIlho

2012-04-01

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

Addiction between therapy and criminalization.

Science.gov (United States)

Birklbauer, Alois; Schmidthuber, Kathrin

2014-12-01

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

Defence counsel in international criminal law

NARCIS (Netherlands)

Temminck Tuinstra, J.P.W.

2009-01-01

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

International Criminal Law: Over-studied and Underachieving?

OpenAIRE

Van Sliedregt, E

2016-01-01

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

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.

Faculty Approaches to Assessing Critical Thinking in the Humanities and the Natural and Social Sciences: Implications for General Education

Science.gov (United States)

Nicholas, Mark C.; Labig, Chalmer E., Jr.

2013-01-01

An analysis of interviews, focus-group discussions, assessment instruments, and assignment prompts revealed that within general education, faculty assessed critical thinking as faceted using methods and criteria that varied epistemically across disciplines. Faculty approaches were misaligned with discipline-general institutional approaches.…

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.

Understanding criminal behavior: Empathic impairment in criminal offenders.

Science.gov (United States)

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

2017-08-01

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

The International Criminal Court

DEFF Research Database (Denmark)

Damgaard, Ciara Therése

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

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

Racial Profiling and Criminal Justice

DEFF Research Database (Denmark)

Ryberg, Jesper

2011-01-01

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

International Criminal Law & Its Paradoxes

DEFF Research Database (Denmark)

Carlson, Kerstin Bree

2017-01-01

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

Drones in (Slovene) criminal investigation

OpenAIRE

Boštjan, Slak

2016-01-01

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

Editorial: The researcher and the research in criminal sciences in contemporaneity

Directory of Open Access Journals (Sweden)

Caíque Ribeiro Galícia

2017-10-01

Full Text Available This editorial presents a general analysis of the contemporary reality of the researcher and research in criminal sciences in Brazil. The researcher's profile is sought as an important component to understand the choices of criminal science research guidelines, with a focus on overcoming the false claim of impartiality of the subject-researcher. In this panorama, an analysis of legal research in Brazil is made, highlighting the most important role in the better understanding of legal science, but also as a factor of social, cultural, political and economic development.

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

Directory of Open Access Journals (Sweden)

Arthur Trindade M. Costa

2011-04-01

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

The suspended sentence in French Criminal Law

Directory of Open Access Journals (Sweden)

Jovašević Dragan

2016-01-01

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

The externalities of crime : The effect of criminal involvement of parents on the educational attainment of their children

NARCIS (Netherlands)

Rud, Iryna; Van Klaveren, Chris; Groot, Wim; Maassen van den Brink, Henriëtte

The empirical literature on education and crime suggests that both criminal behavior and educational attainment are transferred from parents to children. However, the impact of criminal behavior of parents on educational outcomes of children is generally ignored, even though the entailed social

The externalities of crime: the effect of criminal involvement of parents on the educational attainment of their children

NARCIS (Netherlands)

Rud, I.; van Klaveren, C.; Groot, W.; Maassen van den Brink, H.

2014-01-01

The empirical literature on education and crime suggests that both criminal behavior and educational attainment are transferred from parents to children. However, the impact of criminal behavior of parents on educational outcomes of children is generally ignored, even though the entailed social

Differential profile and treatment development of drug-addicted patients depending on violent behaviours and/or criminal acts.

Science.gov (United States)

López-Goñi, José J; Fernández-Montalvo, Javier; Arteaga, Alfonso; Cacho, Raúl

2015-01-01

This study explored the prevalence of violent and/or criminal behaviors in drug-addicted patients. A sample of 252 drug-addicted patients who sought treatment was assessed. Information was collected on violent behaviors, criminal acts, socio-demographic factors, consumption factors, psychopathological factors, and personality variables. The sample was divided into 4 groups according to the presence of violence and/or criminal behaviors. There were significant differences between the groups on some variables. In general, patients associated with both violence and criminal behaviors showed a greater severity in drug consumption and maladjustment variables, as well as a higher rate of treatment dropout and re-entry.

Incapacity of the Mind Secondary to Medication Misuse as a Not Criminally Responsible Defense.

Science.gov (United States)

Prat, Sebastien S; Losier, Bruno J; Moulden, Heather M; Chaimowitz, Gary A

2017-01-01

The manifestations of disorders of the mind may play a role in the occurrence of criminal behavior. In the majority of the cases, the presence of a psychiatric disorder is cited as the reason that an individual was not fully aware of his behavior. However, other conditions, such as seizure disorders or hypoglycemia, have also been linked to an inability to understand the nature and consequences of one's actions. On occasion, these situations can be explained by a state of automatism that may be described as insane or noninsane. In this article, we describe the case of a 77-year-old man, suffering from Parkinson's disease, where the issue of criminal responsibility associated with incapacity of the mind secondary to medication misuse was raised. We elaborate on the thinking behind this opinion and the implications according to Canadian law. Although the legal outcome of this case is specific to our jurisdiction, the clinical implication may be common to any patient suffering from a similar condition and may inform physicians, families, and lawyers. © 2016 American Academy of Forensic Sciences.

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

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".

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.

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.

Transnational Cooperation in Criminal Matters and the Guarantee of a Fair Trial: Approaches to a General Principle

Directory of Open Access Journals (Sweden)

Sabine Gless

2013-09-01

Full Text Available The right to a fair trial has grown in importance over the past few decades as criminal procedures and human rights law have aligned themselves more and more closely. A core aspect of our current European understanding of a ‘fair criminal trial’ is the so-called ‘equality of arms’, which requires that each party be given a reasonable opportunity to present his case under conditions that do not place him at a substantial disadvantage vis-à-vis his opponent. In cases which affect more than one jurisdiction – either because an alleged crime causes damage in different countries, evidence is located abroad or for some other reason – the accused and his defence lawyer may be left without any such a guarantee in the legal ‘black hole’ between the protections that are normally offered by each of the jurisdictions involved, albeit separately.The situation is not one of a dramatic alteration of legal frameworks; instead, it is the small encroachments caused by transnational cooperation that matter and which can be summed up on the basis that domestic and foreign prosecution authorities have, effectively, closed the circuit between them. These authorities are now embedded in formal networks which would have, for instance, the possibility to forum shop (i.e. to choose the ‘best place’ to prosecute. The emerging EU legal framework that has been built on mutual recognition and installing new central agencies has added to the problems faced by the defence. Moreover, the existing legal regimes designed to protect do not grant ‘equality of arms’ in the space between jurisdictions: national law usually provides few answers and international law, including the likes of the ECHR or the EU Charter on Fundamental Rights, do not offer many solutions, either.This article therefore argues that an aspiring ‘right to a fair trial’ or, rather, an entitlement to equality of arms as a general principle of transnational criminal justice that would

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.

On three forms of thinking: magical thinking, dream thinking, and transformative thinking.

Science.gov (United States)

Ogden, Thomas H

2010-04-01

The author believes that contemporary psychoanalysis has shifted its emphasis from the understanding of the symbolic meaning of dreams, play, and associations to the exploration of the processes of thinking, dreaming, and playing. In this paper, he discusses his understanding of three forms of thinking-magical thinking, dream thinking, and transformative thinking-and provides clinical illustrations in which each of these forms of thinking figures prominently. The author views magical thinking as a form of thinking that subverts genuine thinking and psychological growth by substituting invented psychic reality for disturbing external reality. By contrast, dream thinking--our most profound form of thinking-involves viewing an emotional experience from multiple perspectives simultaneously: for example, the perspectives of primary process and secondary process thinking. In transformative thinking, one creates a new way of ordering experience that allows one to generate types of feeling, forms of object relatedness, and qualities of aliveness that had previously been unimaginable.

About decision of question of social conditionality to the law on criminal responsibility in labours of O. V. Naden

Directory of Open Access Journals (Sweden)

О. О. Пащенко

2013-10-01

Full Text Available The scientific looks of О. V. Naden in relation to the problem of social conditionality of criminal legislation are investigated. Factors that are offered to take into account a legislator during setting of criminal responsibility for certain kind’s publicly dangerous behavior are considered. The realizable a scientist attempt of decision of problem is analyzed at general level by means of determination of limits of sphere of the criminal and legal adjusting.

Some Common Issues and the Application of more Favorable Criminal Law for Crimes against the Person according to the New Criminal Code

Directory of Open Access Journals (Sweden)

Ion Rusu

2015-12-01

Full Text Available The paper examines the main common issues of crimes against the person, and some other situations of more favorable criminal law enforcement. The innovations consist in the conducted examination and the views expressed on some situations in which the more favorable criminal law should be applied. The main change with a strong preventive feature is to introduce the two institutions, namely, the renunciation of applying the punishment and postponing the punishment, which generally is given a favoring regime to physical or legal entities being at their first conflict with the law or in the case of committing crimes whose seriousness is reduced. The paper continues other papers published in the field, and it can be useful both to academics and practitioners in the domain of preventing and combating crime of this kind.

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...

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.

COMPUTATIONAL THINKING

Directory of Open Access Journals (Sweden)

Evgeniy K. Khenner

2016-01-01

Full Text Available Abstract. The aim of the research is to draw attention of the educational community to the phenomenon of computational thinking which actively discussed in the last decade in the foreign scientific and educational literature, to substantiate of its importance, practical utility and the right on affirmation in Russian education.Methods. The research is based on the analysis of foreign studies of the phenomenon of computational thinking and the ways of its formation in the process of education; on comparing the notion of «computational thinking» with related concepts used in the Russian scientific and pedagogical literature.Results. The concept «computational thinking» is analyzed from the point of view of intuitive understanding and scientific and applied aspects. It is shown as computational thinking has evolved in the process of development of computers hardware and software. The practice-oriented interpretation of computational thinking which dominant among educators is described along with some ways of its formation. It is shown that computational thinking is a metasubject result of general education as well as its tool. From the point of view of the author, purposeful development of computational thinking should be one of the tasks of the Russian education.Scientific novelty. The author gives a theoretical justification of the role of computational thinking schemes as metasubject results of learning. The dynamics of the development of this concept is described. This process is connected with the evolution of computer and information technologies as well as increase of number of the tasks for effective solutions of which computational thinking is required. Author substantiated the affirmation that including «computational thinking » in the set of pedagogical concepts which are used in the national education system fills an existing gap.Practical significance. New metasubject result of education associated with

Sequencing Disadvantage: Barriers to Employment Facing Young Black and White Men with Criminal Records

Science.gov (United States)

PAGER, DEVAH; WESTERN, BRUCE; SUGIE, NAOMI

2013-01-01

In this article, the authors report the results of a large-scale field experiment conducted in New York City investigating the effects of race and a prison record on employment. Teams of black and white men were matched and sent to apply for low-wage jobs throughout the city, presenting equivalent resumés and differing only in their race and criminal background. The authors find a significant negative effect of a criminal record on employment outcomes that appears substantially larger for African Americans. The sequence of interactions preceding hiring decisions suggests that black applicants are less often invited to interview, thereby providing fewer opportunities to establish rapport with the employer. Furthermore, employers’ general reluctance to discuss the criminal record of an applicant appears especially harmful for black ex-offenders. Overall, these results point to the importance of rapport-building for finding work, something that the stigmatizing characteristics of minority and criminal status make more difficult to achieve. PMID:23459367

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

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

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.

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

Science.gov (United States)

Yeung, Karen; Horder, Jeremy

2014-06-01

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

Defendants' Rights in Criminal Trials.

Science.gov (United States)

Martin, Ralph C., II; Keeley, Elizabeth

1997-01-01

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

Drug Use and Criminal Behavior

Science.gov (United States)

Fink, Ludwig; Hyatt, Murray P.

1978-01-01

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

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

Science.gov (United States)

1991-03-05

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

The Expansion of Swiss Criminal Jurisdiction in Light of International Law

Directory of Open Access Journals (Sweden)

Anna Petrig

2013-09-01

Full Text Available Over the last few decades, a global trend of extending the reach of domestic penal power can be observed, namely driven by the changing face of crime as it becomes increasingly transnational in nature. It is demonstrated in this article that the Swiss legislature has clearly followed this global trend of broadening the extraterritorial reach of domestic criminal law, most notably since the 1980s. It has acted with particular resolve in the last decade, adding jurisdictional bases to the Swiss Criminal Code by virtue of which Swiss criminal law can be applied to many instances of conduct taking place abroad. Certain offences – specified crimes against minors and female genital mutilation – have even been subjected to an absolute and unrestricted universality principle. The Swiss legislature is not indifferent to the problems that such an expansive approach to jurisdiction may create, notably in terms of conflicts of jurisdiction. Yet, the rules it adopted to temper the effects of applying Swiss criminal law to extraterritorial conduct only partially remedy the situation. This development in Swiss law begs the question whether such an expansive approach towards jurisdiction is permissible – or even encouraged or requested by international law. Hence, this article explores to what extent international law informs the reach of domestic penal power and concludes that international law is Janus-faced with regard to the question of the geographical scope of domestic criminal law. While some of its rules push for long-arm jurisdiction, others put limits on the domestic legislature’s endeavour to expand the reach of its domestic criminal law. In light of this, the idea of adopting, on an international level, general principles governing the definition of the scope of domestic prescriptive and adjudicative jurisdiction for transnational cases is tempting, albeit difficult to realize.

Thinking Like a Psychologist Introductory Psychology Writing Assignments: Encouraging Critical Thinking and Resisting Plagiarism

Science.gov (United States)

Wentworth, Diane Keyser; Whitmarsh, Lona

2017-01-01

Teaching the general psychology course provides instructors with the opportunity to invite students to explore the dynamics of behavior and mental processes through the lens of theory and research. Three innovative writing assignments were developed to teach students to think like a psychologist, operationalized as enhancing critical thinking,…

Expert Evidence and International Criminal Justice

DEFF Research Database (Denmark)

Appazov, Artur

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

Legal and Jurisprudential Bases of Marital Rape Criminalization

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.

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 ...

The SP Theory of Intelligence as a Foundation for the Development of a General, Human-Level Thinking Machine

OpenAIRE

Wolff, J Gerard

2016-01-01

This paper summarises how the "SP theory of intelligence" and its realisation in the "SP computer model" simplifies and integrates concepts across artificial intelligence and related areas, and thus provides a promising foundation for the development of a general, human-level thinking machine, in accordance with the main goal of research in artificial general intelligence. The key to this simplification and integration is the powerful concept of "multiple alignment", borrowed and adapted from...

[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.

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.)

General problems

International Nuclear Information System (INIS)

2005-01-01

This article presents the general problems as natural disasters, consequences of global climate change, public health, the danger of criminal actions, the availability to information about problems of environment

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.

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

African Journals Online (AJOL)

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

Criminal Trajectories of White-collar Offenders

NARCIS (Netherlands)

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

2014-01-01

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

What Defines an International Criminal Court?

DEFF Research Database (Denmark)

Kjeldgaard-Pedersen, Astrid

2015-01-01

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

32 CFR 635.5 - Police Intelligence/Criminal Information.

Science.gov (United States)

2010-07-01

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

[Neurobiological determinism: questionable inferences on human freedom of choice and forensic criminal responsibility].

Science.gov (United States)

Urbaniok, F; Hardegger, J; Rossegger, A; Endrass, J

2006-08-01

Several authors argue that criminal behavior is generally caused by neurobiological deficits. Based on this neurobiological perspective of assumed causality, the concept of free will is questioned, and the theory of neurobiological determinism of all human behavior is put forward, thus maintaining that human beings are not responsible for their actions, and consequently the principle of guilt should be given up in criminal law. In this context the controversial debate on determinism and indeterminism, which has been held for centuries, has flared up anew, especially within the science of criminal law. When critically examining the current state of research, it becomes apparent that the results do not support the existence of a universally valid neurobiological causality of criminal behavior, nor a theory of an absolute neurobiological determinism. Neither is complete determination of all phenomena in the universe--as maintained--the logical conclusion of the principle of causality, nor is it empirically confirmed. Analyzed methodically, it cannot be falsified, and thus, as a theory which cannot be empirically tested, it represents a dogma against which plausible objections can be made. The criticism of the concept of free will, and even more so of human accountability and criminal responsibility, is not put forward in a valid way. The principle of relative determinism--the evaluation of the degree of determinism of personality factors potentially reducing criminal responsibility, which includes concrete observations and analysis of behavior--thus remains a central and cogent approach to the assessment of criminal responsibility. To sum up, the theories proposed by some authors on the complete neurobiological determinism of human behavior, and the subsequent impossibility of individual responsibility and guilt, reveal both methodical misconception and a lack of empirical foundation.

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.

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 ...

General Theory versus ENA Theory: Comparing Their Predictive Accuracy and Scope.

Science.gov (United States)

Ellis, Lee; Hoskin, Anthony; Hartley, Richard; Walsh, Anthony; Widmayer, Alan; Ratnasingam, Malini

2015-12-01

General theory attributes criminal behavior primarily to low self-control, whereas evolutionary neuroandrogenic (ENA) theory envisions criminality as being a crude form of status-striving promoted by high brain exposure to androgens. General theory predicts that self-control will be negatively correlated with risk-taking, while ENA theory implies that these two variables should actually be positively correlated. According to ENA theory, traits such as pain tolerance and muscularity will be positively associated with risk-taking and criminality while general theory makes no predictions concerning these relationships. Data from Malaysia and the United States are used to test 10 hypotheses derived from one or both of these theories. As predicted by both theories, risk-taking was positively correlated with criminality in both countries. However, contrary to general theory and consistent with ENA theory, the correlation between self-control and risk-taking was positive in both countries. General theory's prediction of an inverse correlation between low self-control and criminality was largely supported by the U.S. data but only weakly supported by the Malaysian data. ENA theory's predictions of positive correlations between pain tolerance, muscularity, and offending were largely confirmed. For the 10 hypotheses tested, ENA theory surpassed general theory in predictive scope and accuracy. © The Author(s) 2014.

28 CFR 0.50 - General functions.

Science.gov (United States)

2010-07-01

..., including criminal prosecutions and civil actions and proceedings on behalf of the Government and appellate... Assistant Attorney General, Criminal Division: (1) Sections 591 through 593 and sections 595 through 612 of title 18, U.S. Code, relating to elections and political activities; (2) Sections 241, 242, and 594 of...

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

Science.gov (United States)

2010-04-01

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

46 CFR 5.69 - Evidence of criminal liability.

Science.gov (United States)

2010-10-01

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

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.

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

SOCIAL WORK FORENSIC REPORTS IN SOUTH AFRICAN CRIMINAL COURTS: INEVITABILITY IN THE QUEST FOR JUSTICE

Directory of Open Access Journals (Sweden)

Joubert, Mariëtte

2014-10-01

Full Text Available Social work forensic reports can play a vital role in sentencing. In this article the expectations of criminal courts of social work forensic reports were established in order to improve the contribution of the social work discipline in the search for justice. An important result indicates that courts would like to make use of social work forensic reports, among others. However, the poor writing style of some of these reports makes them unfit for use in the legal context. It is argued that social workers must be trained in critical thinking and the elements of clear writing to enable them to produce high-quality forensic reports.

Child and adolescent psychiatric patients and later criminality

Directory of Open Access Journals (Sweden)

Rydelius Per-Anders

2007-08-01

Full Text Available Abstract Background Sweden has an extensive child and adolescent psychiatric (CAP research tradition in which longitudinal methods are used to study juvenile delinquency. Up to the 1980s, results from descriptions and follow-ups of cohorts of CAP patients showed that children's behavioural disturbances or disorders and school problems, together with dysfunctional family situations, were the main reasons for families, children, and youth to seek help from CAP units. Such factors were also related to registered criminality and registered alcohol and drug abuse in former CAP patients as adults. This study investigated the risk for patients treated 1975–1990 to be registered as criminals until the end of 2003. Methods A regional sample of 1,400 former CAP patients, whose treatment occurred between 1975 and 1990, was followed to 2003, using database-record links to the Register of Persons Convicted of Offences at the National Council for Crime Prevention (NCCP. Results Every third CAP patient treated between 1975 and 1990 (every second man and every fifth woman had entered the Register of Persons Convicted of Offences during the observation period, which is a significantly higher rate than the general population. Conclusion Results were compared to published results for CAP patients who were treated between 1953 and 1955 and followed over 20 years. Compared to the group of CAP patients from the 1950s, the results indicate that the risk for boys to enter the register for criminality has doubled and for girls, the risk seems to have increased sevenfold. The reasons for this change are discussed. Although hypothetical and perhaps speculative this higher risk of later criminality may be the result of lack of social control due to (1 rising consumption of alcohol, (2 changes in organisation of child social welfare work, (3 the school system, and (4 CAP methods that were implemented since 1970.

Individuals with bipolar disorder and their relationship with the criminal justice system: a critical review.

Science.gov (United States)

Fovet, Thomas; Geoffroy, Pierre Alexis; Vaiva, Guillaume; Adins, Catherine; Thomas, Pierre; Amad, Ali

2015-04-01

Bipolar disorder is a severe and prevalent psychiatric disease. Poor outcomes include a high frequency of criminal acts, imprisonments, and repeat offenses. This critical review of the international literature examined several aspects of the complex relationship between individuals with bipolar disorder and the criminal justice system: risk factors for criminal acts, features of bipolar patients' incarceration, and their postrelease trajectories. Publications were obtained from the PubMed and Google Scholar electronic databases by using the following MeSH headings: prison, forensic psychiatry, criminal law, crime, and bipolar disorder. Among patients with bipolar disorder, the frequency of violent criminal acts is higher than in the general population (odds ratio [OR]=2.8, 95% confidence interval [CI]=1.8-4.3). The frequency is higher among patients with bipolar disorder and a comorbid substance use disorder than among those without either disorder (OR=10.1, CI=5.3-19.2). As a result, the prevalence of bipolar disorder among prisoners is high (2%-7%). In prison, patients' bipolar disorder symptoms can complicate their relationship with prison administrators, leading to an increased risk of multiple incarcerations. Moreover, the risk of suicide increases for these prisoners. Criminal acts are common among patients with bipolar disorder and are often associated with problems such as addiction. Thus it is important to improve the diagnosis and treatment of inmates with bipolar disorder.

Pathological gambling and criminality.

Science.gov (United States)

Folino, Jorge Oscar; Abait, Patricia Estela

2009-09-01

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

Criminal Liability for Human Abduction​

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.

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

OpenAIRE

Dao Le, Thu

2011-01-01

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

33 CFR 401.205 - Civil and criminal penalties.

Science.gov (United States)

2010-07-01

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

The Productivity of Criminology and Criminal Justice Faculty.

Science.gov (United States)

DeZee, Matthew R.

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

Criminal law aspects of assisted human reproduction in Serbia

Directory of Open Access Journals (Sweden)

Samardžić Stefan

2013-01-01

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

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

[Anarchists, Assassins and Revolutionaries. The Psychopathologization of "Political Criminals" between 1880 and 1920].

Science.gov (United States)

Hahn, Judith

2016-01-01

"Political criminals" of the early 20th century were adjudged to be psychopaths, a term which was generally accompanied by a negative moral judgement. However, other more positive appraisals were also made at this time. These contradictory moral judgements by psychiatrists expose the need for an examination of the historical development of concepts, traditions and moral debates associated with political criminals (anarchists, assassins, revolutionaries). This will be undertaken in the context of psychiatry/ criminology, security (and surveillance) policy as well as culture and the arts in German-speaking countries from 1880 to the early 1920s.

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.

Mens Rea Principle and Criminal Jurisprudence in Nigeria ...

African Journals Online (AJOL)

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

Criminal Justice History

Directory of Open Access Journals (Sweden)

Thomas Krause

2005-01-01

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

EXAMINATION OF THE COMPUTATIONAL THINKING SKILLS OF STUDENTS

Directory of Open Access Journals (Sweden)

Agah Tugrul Korucu

2017-01-01

Full Text Available Computational thinking is generally considered as a kind of analytical way of thinking. According to Wings (2008 it shares with mathematical thinking, engineering thinking and scientific thinking in the general ways in which we may use for solving a problem, designing and evaluating complex systems or understanding computability and intelligence as well as the mind and human behaviour. It is generally accepted important that like high order thinking skills the analytical way of thinking should be taught to the children at very early ages. The aim of this study is to investigate the computational thinking skills of secondary school students in terms of different variables. The study group of the research is 160 secondary school students who continue their education at different levels in Konya. The “Computational Thinking Skills Scale” which has been developed by Korkmaz, Çakır and Özden (2015 used for data collection. The scale includes 22 items and it is a 5 point likert type scale. The Cronbach Alpha reliability of the scale has been calculated as 0.80 and it has been found to be valid to measure the computational skills levels of the secondary school students as a result of the analysis. As a result of this research, the computational thinking skill levels of participants differ meaningfully in terms of their class levels, do not differ meaningfully in terms of their genders, do not differ meaningfully in terms of their weekly internet usage durations, do not differ meaningfully in terms of their mobile device usage competence situations, differ meaningfully in terms of their mobile Technologies possession durations.

Specious Rights: Myth vs. Reality in the American Criminal Justice System

Science.gov (United States)

Reinhardt, William R.

2010-01-01

Contrary to the dominant discourse metanarrative, this dissertation explores, re-exposes, and updates the generally hidden realities of what is actually taking place in the current operation of the American criminal justice system. The government/dominant discourse benefits from the amorphous ambiguity of the law in conjunction with its usage of…

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.

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

Directory of Open Access Journals (Sweden)

Diego H. Goldman

2017-12-01

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

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

Science.gov (United States)

Burman, Monica

2010-02-01

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

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.

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....

Involvement in the US criminal justice system and cost implications for persons treated for schizophrenia

Directory of Open Access Journals (Sweden)

Faries Douglas E

2010-01-01

Full Text Available Abstract Background Individuals with schizophrenia may have a higher risk of encounters with the criminal justice system than the general population, but there are limited data on such encounters and their attendant costs. This study assessed the prevalence of encounters with the criminal justice system, encounter types, and the estimated cost attributable to these encounters in the one-year treatment of persons with schizophrenia. Methods This post-hoc analysis used data from a prospective one-year cost-effectiveness study of persons treated with antipsychotics for schizophrenia and related disorders in the United States. Criminal justice system involvement was assessed using the Schizophrenia Patients Outcome Research Team (PORT client survey and the victimization subscale of the Lehman Quality of Life Interview (QOLI. Direct cost of criminal justice system involvement was estimated using previously reported costs per type of encounter. Patients with and without involvement were compared on baseline characteristics and direct annual health care and criminal justice system-related costs. Results Overall, 278 (46% of 609 participants reported at least 1 criminal justice system encounter. They were more likely to be substance users and less adherent to antipsychotics compared to participants without involvement. The 2 most prevalent types of encounters were being a victim of a crime (67% and being on parole or probation (26%. The mean annual per-patient cost of involvement was $1,429, translating to 6% of total annual direct health care costs for those with involvement (11% when excluding crime victims. Conclusions Criminal justice system involvement appears to be prevalent and costly for persons treated for schizophrenia in the United States. Findings highlight the need to better understand the interface between the mental health and the criminal justice systems and the related costs, in personal, societal, and economic terms.

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

Motive Criminal Procedure Evidence

Directory of Open Access Journals (Sweden)

В. В. Вапнярчук

2015-03-01

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

Discovering Cartels: Dynamic Interrelationships between Civil and Criminal Antitrust Investigations

OpenAIRE

Ghosal, Vivek

2006-01-01

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

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

Directory of Open Access Journals (Sweden)

Vinesh Basdeo

2014-08-01

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

The United States: A Rome Statute of the International Criminal Court Non-Participant

National Research Council Canada - National Science Library

Hopkins, J

2004-01-01

.... As of 1 July 2002, the Rome Statute of the International Criminal Court is a reality. It will try individuals such as the Khmer Rouge, Slobodan Milosevic, and General Juvenal Habyarimana for crimes against humanity, genocide, and war crimes...

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

Science.gov (United States)

Stevens, Philip

2013-03-01

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

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

Directory of Open Access Journals (Sweden)

Radu Razvan Popescu

2009-06-01

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

Issues of remedial development of forms in criminal proceedings

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.

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

OpenAIRE

Andrzejewska, Marzena

2013-01-01

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

Criminal proceedings involving children in conflict with the law

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.

Critical Thinking for Mass Communications Students.

Science.gov (United States)

Shoemaker, Pamela J.

1993-01-01

Describes one way of systematically teaching critical thinking skills in a journalism-mass communication program. Begins with a general discussion of critical thinking. Proceeds to the theory and structure underlying the course as it is taught at the Ohio State University School of Journalism. (RS)

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.

Early risk factors for criminal offending in schizophrenia: a 35-year longitudinal cohort study.

Science.gov (United States)

Eriksson, Asa; Romelsjö, Anders; Stenbacka, Marlene; Tengström, Anders

2011-09-01

Recent evidence suggests that factors predicting offending among individuals with no mental disorder may also predict offending among individuals with schizophrenia. The aims of the study were (1) to explore the prevalence of risk factors for criminal offending reported at age 18 among males later diagnosed with schizophrenia, (2) to explore the associations between risk factors reported at age 18 and lifetime criminal offending, (3) to predict lifetime serious violent offending based on risk factors reported at age 18, and (4) to compare the findings with those in males with no later diagnosis of schizophrenia. The study was a prospective, longitudinal study of a birth cohort followed up through registers after 35 years. The cohort consisted of 49,398 males conscripted into the Swedish Army in 1969-1970, of whom 377 were later diagnosed with schizophrenia. Among the subjects later diagnosed with schizophrenia, strong associations were found between four of the items reported at age 18 and lifetime criminal offending: (1) low marks for conduct in school, (2) contact with the police or child care authorities, (3) crowded living conditions, and (4) arrest for public drinking. Three of these four risk factors were found to double the risk of offending among males with no later diagnosis of schizophrenia. Criminality in individuals with schizophrenia may at least partly be understood as a phenomenon similar to criminality in individuals in the general population.

The European Union and National Criminal Law

DEFF Research Database (Denmark)

Greve, Vagn

1995-01-01

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

Intelligence as evidence in criminal proceedings

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.

A Framework for visualization of criminal networks

DEFF Research Database (Denmark)

Rasheed, Amer

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

Violent and criminal manifestations in dementia patients.

Science.gov (United States)

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

2016-05-01

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

Civil & Criminal Penalties

Data.gov (United States)

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

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

African Journals Online (AJOL)

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

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...

International Criminal Responsibility After Katanga: Old Challenges, New Solutions

Directory of Open Access Journals (Sweden)

Olena Kucher

2015-01-01

Full Text Available On March 7, 2014, the International Criminal Court delivered its most recent judgment convicting Mr. Katanga as an accessory of crime against humanity in the form of murder and four counts of war crimes within the meaning of Art. 25(3(d of the Rome Statute. This decision along with its previous final decisions in the Lubanga and Ngudjolo cases has raised similar concerns about individual criminal responsibility regarding, inter alia, application of control over a crime doctrine as evidenced from the dissenting / separate opinions to them. This doctrine has already firmly settled within the ICC jurisprudence and yet some judges doubt if its application is justified, especially given the peculiarities of national origin irrelevant in the realm of the Rome Statute. The other raised concern is a potential application of the legality principle, since both Ngudjolo and Katanga judgments have investigated the same situations and come to the completely different results.While the Rome Statute contains the most complete provision determining the modes of individual responsibility, Art. 25 thus appears to be far from being out of debates. To dispel some of them, this article analyzes practical application of Art. 25(3(a and (d by the ICC and different approaches in this regard as well as general grounds for raising question on the necessity for individual criminal responsibility. 

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

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...

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

Directory of Open Access Journals (Sweden)

Robert Agnew

2011-12-01

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

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.

OUTLAWING AMNESTY: THE RETURN OF CRIMINAL JUSTICE IN TRANSITIONAL JUSTICE SCHEMES*

Directory of Open Access Journals (Sweden)

Lisa J. Laplante, University of Connecticut-School of Law, Estados Unidos

2012-11-01

Full Text Available Abstract: This Article responds to an apparent gap in the scholarly literature which fails to merge the fields of human rights law and international criminal law—a step that would resolve the current debate as to whether any amnesty in transitional justice settings is lawful. More specifically, even though both fields are a subset of transitional justice in general, the discipline of international criminal law still supports the theory of “qualified amnesties” in transitional justice schemes, while international human rights law now stands for the proposition that no amnesty is lawful in those settings. This Article brings attention to this new development through a discussion of the Barrios Altos case. This Article seeks to reveal how an international human rights decision can dramatically impact state practice, thus also contributing to a pending question in international human rights law as to whether such jurisprudence is effective in increasing human rights protections. The Article concludes by looking at the implications of this new legal development in regard to amnesties in order to encourage future research regarding the role of criminal justice in transitional justice schemes. Keywords: Amnesty in the Americas. Transitional Justice. Human Rights Violations

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...

General practitioners’ level of knowledge about their rights and criminal liabilities according to legislation in Turkey

Directory of Open Access Journals (Sweden)

Baki Derhem

2017-12-01

Full Text Available Background . To know legal regulations and to comply with them while providing health care is indispensable for physicians to work in a proper way. Ignorance of the criminal laws may not be an excuse according to Turkish Criminal Code. There is an obligation for physicians to know the law, as well as all citizens. Physicians should possess the scope of competences regarding medicolegal regulations at least. Objectives . The aim of this study is to investigate the knowledge and behaviors of GPs regarding their rights, criminal liabilities and common rules of law that are regulated by legislation. We also aimed to determine how the answers were influenced by sociodemographic factors, educational status of participants and if the participants received any punishment. Material and methods . A total number of 381 physicians working at primary health care services located in Ankara were interviewed face-to-face. We used a 38-item questionnaire that was developed according to current legislation. The collected data was analyzed using SPSS software (Version 11.5. The chi-square test was used in order to compare knowledge-based questions with sociodemographic factors. The Mann-Whitney U test was used for assessing whether the number of correct answers differs with socio-demographic factors or not. A p-value of 0.05 was considered statistically significant. Results . 21.8 percent of the participants were FM specialists, and 78.2% of them were GPs. The mean age of physicians was 46.9 ± 7.6. The median score for correct responses in 18 knowledge-based questions was 8 (min–max: 3–14. In comparison with the working experience with correct answers, there was a statistically significant difference between 1–5 years of experience and 11–15 years and ≥ 16 years (p < 0.001. There was a significant difference in correct answers between the two groups, which were separated according to whether or not they received punishment as a result of a legal

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.

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.

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

Directory of Open Access Journals (Sweden)

Joel Matthews

2017-02-01

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

Profiling, Screening and Criminal Recruitment

OpenAIRE

Christopher Cotton; Cheng Li

2012-01-01

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

REHABILITATING CRIMINAL SELVES: Gendered Strategies in Community Corrections.

Science.gov (United States)

Wyse, Jessica J B

2013-04-01

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

Evolutionary thinking: "A conversation with Carter Phipps about the role of evolutionary thinking in modern culture".

Science.gov (United States)

Hunt, Tam

2014-12-01

Evolution as an idea has a lengthy history, even though the idea of evolution is generally associated with Darwin today. Rebecca Stott provides an engaging and thoughtful overview of this history of evolutionary thinking in her 2013 book, Darwin's Ghosts: The Secret History of Evolution. Since Darwin, the debate over evolution-both how it takes place and, in a long war of words with religiously-oriented thinkers, whether it takes place-has been sustained and heated. A growing share of this debate is now devoted to examining how evolutionary thinking affects areas outside of biology. How do our lives change when we recognize that all is in flux? What can we learn about life more generally if we study change instead of stasis? Carter Phipps' book, Evolutionaries: Unlocking the Spiritual and Cultural Potential of Science's Greatest Idea, delves deep into this relatively new development. Phipps generally takes as a given the validity of the Modern Synthesis of evolutionary biology. His story takes us into, as the subtitle suggests, the spiritual and cultural implications of evolutionary thinking. Can religion and evolution be reconciled? Can evolutionary thinking lead to a new type of spirituality? Is our culture already being changed in ways that we don't realize by evolutionary thinking? These are all important questions and Phipps book is a great introduction to this discussion. Phipps is an author, journalist, and contributor to the emerging "integral" or "evolutionary" cultural movement that combines the insights of Integral Philosophy, evolutionary science, developmental psychology, and the social sciences. He has served as the Executive Editor of EnlightenNext magazine (no longer published) and more recently is the co-founder of the Institute for Cultural Evolution, a public policy think tank addressing the cultural roots of America's political challenges. What follows is an email interview with Phipps.

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

Science.gov (United States)

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

2015-05-01

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

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

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.

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.

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

Directory of Open Access Journals (Sweden)

В. І. Алєксєйчук

2015-11-01

Full Text Available Problem setting. Understanding of criminalistic methods exceeded now the boundaries of traditional points of view - as a methods of crimes investigation. An attention is drawn to the fact that the process of proof in criminal proceedings is not completed with a pre-court investigation, on the contrary, it is being continued even more actively during the court hearing. In this regard a need for providing of subjects of court hearings of criminal cases (judges, prosecuting attorneys, defense lawyers with criminalistic methods is emphasized. At the same time the stated ideas have not been sufficiently developed in Ukrainian doctrine. Special papers devoted to particular criminalistic methods of court hearing of criminal cases are not present. This problem cannot be settled without preliminary solving of issues of more general theoretical meaning, especially, definition of essence and goals of particular criminalistic methods of court hearing in criminal proceedings. Recent research and publications analysis. Research of general-theoretical basic concepts of criminalistic methods was made by the domestic and foreign scientists (Yu. P. Alenin, O. Ya. Bayev, R. S. Byelkin, О. М. Vasylyev, І. О. Vozgrin, V. К. Gavlo, V. А. Zhuravel, А. V. Ishchenko, О. N. Kolesnichenko, V. V. Tishchenko, S. М. Churilov, А. V. Shmonin, B. V. Shchur, М. P. Yablokov and others. Issues of providing of criminalistic tools for court hearing in criminal proceedings are covered in the papers of the following scientists: L.Yu. Аrotsker, V. М. Bozrov, М. Y. Vilgushunsky, G. А. Vorobyov, V. К. Gavlo, S. L. Kyslenko, D. V. Kim, І. І. Kogutych, Yu. V. Korenevsky, О. Yu. Korchagin, S. P. Sukhov, О. О. Sychova, А. L. Tsypkin, Т. B. Chedzhemov, V. Yu. Shepitko and others. The authors of papers published in Ukraine in recent years, studying conceptual problems of providing with criminalistic methods of court proceeding in criminal process are: V.А. Zhuravel, �

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

Science.gov (United States)

Soponyono, Eko; Deva Bernadhi, Brav

2017-04-01

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

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

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.

The Application of Criminal Reconciliation in Tibetan Areas of Sichuan Province

Institute of Scientific and Technical Information of China (English)

RAN Hui

2014-01-01

agreement often included reli-gious content .After democratic reform , following the collapse of the political power of the tusi , and its replacement with a system of local administra-tive organizations on various levels ( including county, township and village level organizations ), judicial organs on various levels ( public security organs, the people′s procuratorate or the people′s court) the traditional system for conflict resolution was demolished .The institutions mentioned above were responsible for resolving different disputes and conflicts according to the national law .In or-der to have an overall understanding of present criminal reconciliation in the Tibetan areas of Si-chuan , we conducted an investigation by handing out questionnaires to the local people , staff in ju-dicial organs and monasteries , and also inter-viewed some administrative cadres from county and township administrations . This was done so as to understand their thoughts on and understanding of local criminal reconciliation .According to the in-vestigation , for those cases which have big impact in Tibetan areas and are difficult to solve , the main method was to combine the various strategies ( such as religious powers , administrative organi-zations at the basic levels ) to solve conflicts. Current criminal reconciliation practices in theTibetan areas of Sichuan include reconciliationsoutside lawsuits and reconciliation within lawsuits .Those in charge of reconciliation outside lawsuitsare other organizations.The judicial organs do notinvolve themselves, or if they are involved, theyonly play an auxiliary role.The basis and procedurefor dealing with conflicts basically does nothave legal attributes.There are generally two situationsregarding reconciliation outside lawsuits.The first situation is related to remote areas whereit is difficult to carry out national law.This is dueto the restrictions caused by natural geographicalconditions.The second situation is related to thelocal

Childhood and Adolescent Predictors of Late Onset Criminal Careers

Science.gov (United States)

Zara, Georgia; Farrington, David P.

2009-01-01

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

Criminal Aspects of Artificial Abortion

OpenAIRE

Hartmanová, Leona

2016-01-01

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

Principle Mediation of Domestic Violence as Criminal Act

OpenAIRE

Wijaya, Sandy Ari

2014-01-01

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

International Criminal Law: Over-studied and Underachieving?

NARCIS (Netherlands)

van Sliedregt, E.

2016-01-01

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

Neurologic disorder and criminal responsibility.

Science.gov (United States)

Yaffe, Gideon

2013-01-01

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

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

African Journals Online (AJOL)

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

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

Science.gov (United States)

Carstens, Pieter; Stevens, Philip

2016-01-01

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

Mapping Criminal Governance in African Cities | IDRC ...

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

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

Neurotechnological Behavioural Treatment of Criminal Offenders

DEFF Research Database (Denmark)

Ryberg, Jesper; Petersen, Thomas Søbirk

2013-01-01

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

Criminality in men with Klinefelter's syndrome and XYY syndrome: a cohort study

OpenAIRE

Stochholm, Kirstine; Bojesen, Anders; Jensen, Anne Skakkebæk; Juul, Svend; Gravholt, Claus Højbjerg

2012-01-01

Objective To investigate the criminal pattern in men between 15 and 70 years of age diagnosed with 47,XXY (Klinefelter's syndrome (KS)) or 47,XYY compared to the general population. Design Register-based cohort study comparing the incidence of convictions among men with KS and with 47,XYY with age- and calendar-matched samples of the general population. Crime was classified into eight types (sexual abuse, homicide, burglary, violence, traffic, drug-related, arson and ‘others’). Setting Denmar...

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.

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.

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

Science.gov (United States)

Sherretts, Nicole; Boduszek, Daniel; Debowska, Agata

2016-08-01

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

Conflicts of Jurisdiction in Criminal Proceedings

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.

[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.

Critical Thinking & Lifelong Learning: An ADKAR Model-Based Framework for Managing a Change in Thinking & English Language Learning Styles at the Secondary Stage

Science.gov (United States)

Abdallah, Mahmoud M. S.; Mohammad, Marwa M. M.

2016-01-01

The general secondary stage in Egypt is a vital educational phase since it plays an essential role in developing students' thinking and learning styles to prepare them for life in general and higher education in particular. Accordingly, it has become urgent and persistent to develop secondary-stage students' critical thinking styles while…

Thinking Critically about Critical Thinking

Science.gov (United States)

Mulnix, Jennifer Wilson

2012-01-01

As a philosophy professor, one of my central goals is to teach students to think critically. However, one difficulty with determining whether critical thinking can be taught, or even measured, is that there is widespread disagreement over what critical thinking actually is. Here, I reflect on several conceptions of critical thinking, subjecting…

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.

28 CFR 20.33 - Dissemination of criminal history record information.

Science.gov (United States)

2010-07-01

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

Comparison of criminal procedure and inspection

International Nuclear Information System (INIS)

Hyung, Sang Cheol

2009-01-01

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

Teaching for Thinking.

Science.gov (United States)

Keefe, James W., Ed.; Walberg, Herbert J., Ed.

This volume represents a variety of current efforts to incorporate thought-provoking methods into teaching. There are three sections. "Curriculum Developments" defines key curricular terms and offers a framework and general examples of teaching tactics. In this section, Barbara Presseisen distinguishes thinking from other cognitive…

Image processing by computer analysis--potential use and application in civil and criminal litigation.

Science.gov (United States)

Wilson, T W

1990-01-01

's technology; and a new theory and technique on using polygraph information in litigation. I am sure that the professionals in the forensic field will be able to think of many more applications where the image processing by computer analysis tool will be able to provide solutions to complex problems. The next time you say to yourself, "I wish they would have preserved this," or, "It's too bad they didn't do an autopsy," think of this new tool that is available to help you get the documentation and answers that will stand up to the scrutiny of the civil and criminal litigation system.

25 CFR 11.902 - Non-criminal proceedings.

Science.gov (United States)

2010-04-01

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

Managing Criminal Investigations.

Science.gov (United States)

Bloch, Peter B.; Weidman, Donald R.

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

Mistake of Criminal Law and Its Influence on the Classification of Crime

Science.gov (United States)

Veresha, Roman V.

2016-01-01

The paper examines the characteristics of a mistake of the commitment of crime as an optional feature of the mental state of the crime. The analysis conducted offers an opportunity to state that in international criminal law, a mistake of law, although taken into account, does not generally affect the classification of crime. We uncovered and…

Sistema penal acusatorio en Veracruz/Adversarial criminal system in Veracruz

Directory of Open Access Journals (Sweden)

Jorge Alberto Pérez Tolentino (México

2014-01-01

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

Scientific thinking employed in tasks of introductory physics

OpenAIRE

Alexandre Fagundes Faria; Arnaldo de Moura Vaz

2017-01-01

In Science Education, notably in Physics Teaching, there are research based instructional strategies that are renown by their potential to promote conceptual development. It is likely that many of these strategies lead to more elaborate learning; promoting, for instance, scientific thinking development. Scientific thinking might be construed as the sum of domain-specific knowledge and domain-general strategies. Here is reported an investigation of domain-general strategies used by students on...

Criminal victimization and psychotic experiences: cross-sectional associations in 35 low- and middle-income countries.

Science.gov (United States)

DeVylder, J E; Kelleher, I; Oh, H; Link, B G; Yang, L H; Koyanagi, A

2018-04-22

Criminal victimization has been associated with elevated risk for psychotic symptoms in the United Kingdom, but has not been studied in low- and middle-income countries (LMICs). Understanding whether crime exposure may play a role in the social etiology of psychosis could help guide prevention and intervention efforts. We tested the hypothesis that criminal victimization would be associated with elevated odds of psychotic experiences in 35 LMICs (N = 146 999) using cross-sectional data from the World Health Organization World Health Survey. Multivariable logistic regression analyses were used to test for associations between criminal victimization and psychotic experiences. Victimization was associated with greater odds of psychotic experiences, OR (95% CI) = 1.72 (1.50-1.98), and was significantly more strongly associated with psychotic experiences in non-urban, OR (95% CI) = 1.93 (1.60-2.33), compared to urban settings, OR (95% CI) = 1.48 (1.21-1.81). The association between victimization and psychosis did not change across countries with varying aggregated levels of criminal victimization. In the largest ever study of victimization and psychosis, the association between criminal victimization and psychosis appears to generalize across a range of LMICs and, therefore, across nations with a broad range of crime rates, degree of urban development, average per capita income, and racial/ethnic make-up. © 2018 John Wiley & Sons A/S. Published by John Wiley & Sons Ltd.

“They Know, But Do Not Tell”: Examining the Link Between Animal Cruelty and Other Criminal Offences in British Columbia

OpenAIRE

Hinz, Jessica Marie

2016-01-01

Animal cruelty is a significantly under researched topic in Criminology. An exploratory study was undertaken to determine whether there is a link between cruelty offences and other crimes in British Columbia (BC). Data were compiled using open source websites to identify convicted animal cruelty offenders and examine any further criminal convictions. Using the frameworks of the graduation hypothesis and generalized deviance theory, criminal offending patterns and timing of offences were analy...

Diagnosis of antisocial personality disorder and criminal responsibility

NARCIS (Netherlands)

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

2011-01-01

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

International Criminal Justice and the Politics of Compliance

NARCIS (Netherlands)

Lamont, Christopher

2010-01-01

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

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

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.

Criminal violence associated to mental health in Salvadorian people

OpenAIRE

José Ricardo Gutiérrez Quintanilla; Cecilia Beatriz Portillo García

2014-01-01

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 ...

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.

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.

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

Science.gov (United States)

Salet, Renze

2017-06-01

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

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

Directory of Open Access Journals (Sweden)

Edmon Makarim

2012-05-01

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

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.

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.

Aiding and Abetting: The Responsibility of Business Leaders under the Rome Statute of the International Criminal Court

Directory of Open Access Journals (Sweden)

Caspar Plomp

2014-08-01

Full Text Available While no business leaders have yet been charged before the International Criminal Court (ICC, such future proceedings will typically be conducted with reference to the accessorial mode of liability of aiding and abetting, under Article 25(3(c of the Rome Statute of the ICC. There exist diverse and competing interpretations of Article 25(3(c. This paper aims to advocate the creation of a dominant interpretation of Article 25(3(c and, consequently, to the clarification of the potential responsibility of business leaders who aid or abet crimes under the jurisdiction of the Rome Statute, in two ways. First, it asks whether Article 25(3(c can be interpreted in harmony with the dominant practice on aiding and abetting in international criminal law generally. Second, it presents a case study on the provision of arms by the Russian corporation Rosoboronexport to the Syrian government, which is likely to have committed crimes against humanity since March 2011 and war crimes since mid-2012. The theoretical conclusions are applied to a discussion on the potential criminal responsibility of the Director General of Rosoboronexport for aiding and abetting the commission of international crimes by high-level Syrian officials.

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,

Student Obstacles in Solving Algebraic Thinking Problems

Science.gov (United States)

Andini, W.; Suryadi, D.

2017-09-01

The aim of this research is to analize the student obstacles on solving algebraic thinking problems in low grades elementary school. This research is a preliminary qualitative research, and involved 66 students of grade 3 elementary school. From the analysis student test results, most of student experience difficulty in solving algebraic thinking problems. The main obstacle is the student’s difficulty in understanding the problem of generalizing the pattern because the students are not accustomed to see the rules that exist in generalize the pattern.

Gender, General Strain Theory, Negative Emotions, and Disordered Eating

Science.gov (United States)

Piquero, Nicole Leeper; Fox, Kristan; Piquero, Alex R.; Capowich, George; Mazerolle, Paul

2010-01-01

Much of the prior work on General Strain Theory (GST) has focused on how strain and negative emotions interrelate to produce criminal--especially violent--activity. Very little research has extended GST to examine other types of non-criminal, negative behavior, such as self-harming behaviors associated with disordered eating, a traditionally…

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.

44 CFR 17.635 - Reporting of and employee sanctions for convictions of criminal drug offenses.

Science.gov (United States)

2010-10-01

... 44 Emergency Management and Assistance 1 2010-10-01 2010-10-01 false Reporting of and employee sanctions for convictions of criminal drug offenses. 17.635 Section 17.635 Emergency Management and Assistance FEDERAL EMERGENCY MANAGEMENT AGENCY, DEPARTMENT OF HOMELAND SECURITY GENERAL GOVERNMENTWIDE...

Reforming China’s Criminal Procedure Law

OpenAIRE

Winckler, Hugo

2014-01-01

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

Criminal law

International Nuclear Information System (INIS)

Silva, J.M. da.

1979-01-01

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

Critical Thinking and the Development of Innovative Problem Solvers

National Research Council Canada - National Science Library

Drew, Christopher T

2005-01-01

.... This capability can be trained by making Critical Thinking the focus of officer education. Critical Thinking is the general cognitive skill of developing the best solution when there is not a single correct answer...

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

Directory of Open Access Journals (Sweden)

Marilda Menkshi

2016-11-01

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

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

Science.gov (United States)

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

2014-03-01

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

The evaluation of violent thinking in adult offenders and non-offenders using the Maudsley Violence Questionnaire.

Science.gov (United States)

Walker, Julian; Bowes, Nicola

2013-04-01

The Maudsley Violence Questionnaire (MVQ) was designed to measure explicit rules and beliefs associated with violence. Previous studies with young people and offenders with mental disorder found the MVQ to be a valid and reliable measure of violent thinking. This study explores the use of the MVQ with a 'normal' (non-offender) population and an offender population without mental illness in order to evaluate how the MVQ's subscales related to violence within these groups. The MVQ was given to 78 adult male participants along with a measure of self-reported violence; demographic information and criminal history were also recorded. Thirty-five of the participants were convicted adult male offenders resident of an adult male closed prison in South Wales; 43 were volunteers from the staff group in the same prison. The MVQ factors were compared with self-reported violence and with officially recorded violent convictions. Although both subscales of the MVQ related to self-reported violence, 'Machismo' showed a stronger relationship to both self-reported and officially recorded violence. Violent thinking, specifically beliefs measured by the Machismo subscale of the MVQ, was robustly associated with self-reported and officially recorded violence in this study with offender and non-offender adults. The MVQ is a valid and feasible measure for use with adult populations. Violent thinking (specifically Machismo thinking styles) should be included in the assessments of violent offenders. Work on violent thinking and reducing 'macho' thinking could be a useful adjunct to anger management work with violent offenders. Copyright © 2013 John Wiley & Sons, Ltd.

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.

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

Directory of Open Access Journals (Sweden)

Grigoryev D.A.

2014-12-01

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

Congress, NRC mull utility access to FBI criminal files

International Nuclear Information System (INIS)

Ultroska, D.

1984-01-01

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

Childhood risk factors for criminal justice involvement in a sample of homeless people with serious mental illness.

Science.gov (United States)

Desai, R A; Lam, J; Rosenheck, R A

2000-06-01

It has been suggested that criminal justice involvement among the homeless, particularly those with mental illness, is largely situational. The objective of this study was to assess, in a sample of homeless seriously mentally ill people, the prevalence of childhood conduct disorder behaviors as a risk factor for adult criminal activity as well as the extent and types of adult criminal justice contact. Data were taken from the national ACCESS program, which conducted extensive baseline interviews with 7,222 homeless seriously mentally ill adults. The interview assessed demographics, childhood risk factors for criminal activity such as conduct disorder behaviors, foster care, and parental abuse, as well as current illness severity and recent criminal justice contact. The 2-month arrest rate in this sample was much higher than national rates (11% compared with 1% annually in the general population). Although most arrests were for minor crimes (10.8%), there were also substantial rates of arrest for major (2.7%) and substance-related charges (2.0%). The prevalence of a history of conduct disorder behavior was also substantial (55% in male subjects, 40% in female subjects), and conduct disorder was a strong predictor of recent criminal justice involvement, even after controlling for other predictors of arrest (odds ratio = 1.76 for major crimes, 1.49 for minor crimes, and 1.98 for substance-related crimes). Recent literature has criticized a trend to criminalize homeless mentally ill persons for attempting to get needed food, shelter, or medical attention. However, these data indicate that at least some proportion of arrests in this population are of people who have been exhibiting antisocial behavior since early adolescence, and that early antisocial behavior is a strong predictor of all types of recent arrests in this population.

Mental health services costs within the Alberta criminal justice system.

Science.gov (United States)

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

2016-01-01

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

Forgiveness in Criminal Law through Incorporating Restorative Mediation

NARCIS (Netherlands)

Claessen, Jacques

2017-01-01

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

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

Science.gov (United States)

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

2013-12-01

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

Sex Work Criminalization Is Barking Up the Wrong Tree.

Science.gov (United States)

Vanwesenbeeck, Ine

2017-08-01

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

Systems and complexity thinking in the general practice literature: an integrative, historical narrative review.

Science.gov (United States)

Sturmberg, Joachim P; Martin, Carmel M; Katerndahl, David A

2014-01-01

Over the past 7 decades, theories in the systems and complexity sciences have had a major influence on academic thinking and research. We assessed the impact of complexity science on general practice/family medicine. We performed a historical integrative review using the following systematic search strategy: medical subject heading [humans] combined in turn with the terms complex adaptive systems, nonlinear dynamics, systems biology, and systems theory, limited to general practice/family medicine and published before December 2010. A total of 16,242 articles were retrieved, of which 49 were published in general practice/family medicine journals. Hand searches and snowballing retrieved another 35. After a full-text review, we included 56 articles dealing specifically with systems sciences and general/family practice. General practice/family medicine engaged with the emerging systems and complexity theories in 4 stages. Before 1995, articles tended to explore common phenomenologic general practice/family medicine experiences. Between 1995 and 2000, articles described the complex adaptive nature of this discipline. Those published between 2000 and 2005 focused on describing the system dynamics of medical practice. After 2005, articles increasingly applied the breadth of complex science theories to health care, health care reform, and the future of medicine. This historical review describes the development of general practice/family medicine in relation to complex adaptive systems theories, and shows how systems sciences more accurately reflect the discipline's philosophy and identity. Analysis suggests that general practice/family medicine first embraced systems theories through conscious reorganization of its boundaries and scope, before applying empirical tools. Future research should concentrate on applying nonlinear dynamics and empirical modeling to patient care, and to organizing and developing local practices, engaging in community development, and influencing

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

Science.gov (United States)

2010-07-01

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

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

Science.gov (United States)

2010-01-01

Background In Japan, medical error leading to patient death is often handled through the criminal rather than civil justice system. However, the number of cases handled through the criminal system and how this has changed in recent years has not previously been described. Our aim was to determine the trend in reports of patient death to the police and the trend in the resulting prosecution of healthcare providers for medical error leading to patient death from 1998 to 2008. Methods We collected data regarding the number of police reports of patient death made by physicians, next-of-kin, and other sources between 1998 and 2008. We also collected data regarding the number of resulting criminal prosecutions of healthcare providers between 1998 and 2008. Reporting and prosecution trends were analyzed using annual linear regression models. Results Reports: The number physician reports of patient deaths to the police increased significantly during the study period (slope 18.68, R2 = 0.78, P deaths to the police by physicians increased significantly from 1998 to 2008 while those made by next-of-kin and others did not. The resulting criminal prosecutions of healthcare providers increased significantly during the same time period. The reasons for these increases are unclear and should be the focus of future research. PMID:20187954

The Impact of Criminal Anthropology in Britain (1880-1918

Directory of Open Access Journals (Sweden)

Neil Davie

2010-11-01

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

Criminal Conduct: A Cause for Discipline of Teachers.

Science.gov (United States)

Larke, Patricia J.

1987-01-01

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

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

Science.gov (United States)

Tsai, Jack; Rosenheck, Robert A

2013-10-01

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

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

Directory of Open Access Journals (Sweden)

Jovašević Dragan

2007-01-01

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

IMPLEMENTATION BALANCING IDEA IN THE DEVELOPMENT OF CRIMINAL LAW IN INDONESIA

OpenAIRE

Santoso Santoso

2015-01-01

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

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

Science.gov (United States)

Glenn, Andrea L; Raine, Adrian

2014-01-01

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

28 CFR 33.60 - General.

Science.gov (United States)

2010-07-01

... 28 Judicial Administration 1 2010-07-01 2010-07-01 false General. 33.60 Section 33.60 Judicial Administration DEPARTMENT OF JUSTICE BUREAU OF JUSTICE ASSISTANCE GRANT PROGRAMS Criminal Justice Block Grants Submission and Review of Applications § 33.60 General. This subpart describes the process and criteria for...

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

Directory of Open Access Journals (Sweden)

Maya Pagni Barak

2014-10-01

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

Scrutinising usability evaluation: does thinking aloud affect behaviour and mental workload?

DEFF Research Database (Denmark)

Hertzum, Morten; Hansen, Kristin Due; Andersen, Hans Henrik

2009-01-01

thinking aloud participants took longer to solve tasks, spent a larger part of tasks on general distributed visual behaviour, issued more commands to navigate both within and between the pages of the websites used in the experiment, and experienced higher mental workload. Implications for usability......Thinking aloud is widely used for usability evaluation. The validity of the method is, however, debatable because it is generally used in a relaxed way that conflicts with the prescriptions of the classic model for obtaining valid verbalisations of thought processes. This study investigates whether...... participants that think aloud in the classic or relaxed way behave differently compared to performing in silence. Results indicate that whereas classic thinking aloud has little or no effect on behaviour apart from prolonging tasks, relaxed thinking aloud affects behaviour in multiple ways. During relaxed...

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

Directory of Open Access Journals (Sweden)

Artem O. Gryaznov

2014-01-01

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

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.

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...

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

Science.gov (United States)

Sherman, Shany; Fostick, Leah; Zohar, Joseph

2014-02-01

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

Pervasive developmental disorders and criminal behaviour - A case control study

DEFF Research Database (Denmark)

Mouridsen, S.E.; Rich, B.; Isager, T.

2008-01-01

The prevalence and pattern of criminal behaviour in a population of 313 former child psychiatric in-patients with pervasive developmental disorders were studied. The patients were divided into three subgroups and compared with 933 matched controls from the general population. Age at follow.......1% and 18.4%, respectively. The corresponding rate of convictions in the comparison groups was 18.9%, 14.7%, and 19.6% respectively. Particular attention is given to arson in Asperger's syndrome (P = .0009) Udgivelsesdato: 2008/4...

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

Science.gov (United States)

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

2012-01-01

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

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

Science.gov (United States)

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

2017-10-01

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

Special procedural measures and the protection of human rights General report

NARCIS (Netherlands)

Vervaele, J.A.E.

2009-01-01

The aim of the general report is to conduct a comparative analysis of the national reports in order to trace transformation processes in domestic criminal justice systems, in particular criminal process, as special procedural measures are introduced to deal with terrorism and organised crime, and to

Envisioning the Next Generation of Behavioral Health and Criminal Justice Interventions

Science.gov (United States)

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

2014-01-01

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

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

Directory of Open Access Journals (Sweden)

Gonzalo Aguilar Cavallo

2012-12-01

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

76 FR 44757 - Blocking Property of Transnational Criminal Organizations

Science.gov (United States)

2011-07-27

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

Criminal offending and distinguishing features of offenders among persons experiencing a first episode of psychosis.

LENUS (Irish Health Repository)

Hodgins, Sheilagh

2011-02-01

Persons with severe mental illness (SMI) are at increased risk of criminal offending, particularly violent offending, as compared with the general population. Most offenders with SMI acquire convictions prior to contact with mental health services. This study examined offending among 301 individuals experiencing their first episode of psychosis.

Measuring Gains in Critical Thinking in Food Science and Human Nutrition Courses: The Cornell Critical Thinking Test, Problem-Based Learning Activities, and Student Journal Entries

Science.gov (United States)

Iwaoka, Wayne T.; Li, Yong; Rhee, Walter Y.

2010-01-01

The Cornell Critical Thinking Test (CCTT) is one of the many multiple-choice tests with validated questions that have been reported to measure general critical thinking (CT) ability. One of the IFT Education Standards for undergraduate degrees in Food Science is the emphasis on the development of critical thinking. While this skill is easy to list…

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).

Philosophical and Ethical Foundations of Systems Thinking

Directory of Open Access Journals (Sweden)

Debora Hammond

2008-07-01

Full Text Available Drawing on more than a decade of research on the social implications of systems thinking, as well as practical experience in integrative, community-based approaches to education, this paper is an inquiry into philosophical and ethical considerations growing out of recent developments in systems thinking. In his foundational work on general system theory, Ludwig von Bertalanffy distinguishes between three general developments in the systems field: systems technology, systems science, and systems philosophy. These three dimensions of systems thinking each nurture distinct and often widely divergent theoretical and practical orientations. In his abstract for this session, Gary Metcalf asks whether the systems approach really has anything to offer. Science is a form of social feedback; it has created an enormous body of knowledge about the world and shaped humanity’s understanding of the nature of our collective reality. Knowledge then informs action. Assumptions built into scientific frameworks condition certain kinds of actions, as Bertalanffy has noted. Systems thinking as science nurtures a way of thinking that engenders a different kind of practice; systems as philosophy cultivates an ethic of integration and collaboration that has the potential to transform the nature of social organization. Although humanity still has a lot to learn about living more harmoniously and sustainably, systems thinking has made significant contributions in this direction in many fields, both theoretical and practical. The challenge is to integrate what we have learned, to communicate these insights to a larger audience, and to nurture institutional practices that honor the ethical principles inherent in the systems view.

32 CFR 635.34 - General.

Science.gov (United States)

2010-07-01

... 32 National Defense 4 2010-07-01 2010-07-01 true General. 635.34 Section 635.34 National Defense Department of Defense (Continued) DEPARTMENT OF THE ARMY (CONTINUED) LAW ENFORCEMENT AND CRIMINAL INVESTIGATIONS LAW ENFORCEMENT REPORTING Victim and Witness Assistance Procedures § 635.34 General. (a) This subpart implements procedures to provide...

32 CFR 634.48 - General.

Science.gov (United States)

2010-07-01

... 32 National Defense 4 2010-07-01 2010-07-01 true General. 634.48 Section 634.48 National Defense Department of Defense (Continued) DEPARTMENT OF THE ARMY (CONTINUED) LAW ENFORCEMENT AND CRIMINAL INVESTIGATIONS MOTOR VEHICLE TRAFFIC SUPERVISION Impounding Privately Owned Vehicles § 634.48 General. This subpart provides the standards and procedure...

32 CFR 635.32 - General.

Science.gov (United States)

2010-07-01

... 32 National Defense 4 2010-07-01 2010-07-01 true General. 635.32 Section 635.32 National Defense Department of Defense (Continued) DEPARTMENT OF THE ARMY (CONTINUED) LAW ENFORCEMENT AND CRIMINAL INVESTIGATIONS LAW ENFORCEMENT REPORTING Army Quarterly Trends and Analysis Report § 635.32 General. (a) This subpart prescribes policies and procedures...

Compositional Homology and Creative Thinking

Directory of Open Access Journals (Sweden)

Salvatore Tedesco

2015-05-01

Full Text Available The concept of homology is the most solid theoretical basis elaborated by the morphological thinking during its history. The enucleation of some general criteria for the interpretation of homology is today a fundamental tool for life sciences, and for restoring their own opening to the question of qualitative innovation that arose so powerfully in the original Darwinian project. The aim of this paper is to verify the possible uses of the concept of compositional homology in order to provide of an adequate understanding of the dynamics of creative thinking.

An Examination of Criminal Behavior among the Homeless.

Science.gov (United States)

Solarz, Andrea

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

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

African Journals Online (AJOL)

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

Bases for conceptualisation of the notion of expert thinking

Directory of Open Access Journals (Sweden)

Krnjaić Zora

2012-01-01

Full Text Available Institute of Psychology, Faculty of Philosophy, University of Belgrade This paper presents the bases for conceptualisation of the notion of expert thinking: the key concepts from the L.S. Vygotsky's theory and modern theories of giftedness, as well as empirical findings about the differences in achievement of gifted students from different academic study groups. We first present the conceptual core of the notion of expert thinking, i.e. the concept of artificial development from the sociocultural-historical theory of Vygotsky. Then we proceed to the bases which refer to relevant theoretical discussions and empirical findings about the development of giftedness and expertise, indicating that the phenomena of giftedness and expert thinking can be considered as general developmental psychological problems and in the context of general cognitive development and thinking. Special part refers to empirical data about differences in achievement in psychological tests by the most successful intellectually gifted students from various academic study groups. The paper also includes the working definition of expert thinking, which is defined as thinking of higher order, developed under the influence of culture and systematic education, in the course of which deep knowledge structures are acquired, enabling performance of specific patterns of intellectual operations which depend on particular epistemological nature of individual knowledge domains.

Experiences of Scientific Thinking in Physics Classrooms

Directory of Open Access Journals (Sweden)

Alexandre Fagundes Faria

2018-04-01

Full Text Available There is a contemporary demand on STEM education to support learning experiences in which students use scientific thinking to solve tasks. Scientific thinking involves domain-specific knowledge and general domain strategies of thinking. The object of interest in this research was the set of students’ experiences of scientific thinking in which they articulate domain-general strategies and domain-specific knowledge to solve physics tasks. Our goal was to characterize the experiences of scientific thinking of two groups of four students engaged in tasks about Newtonian Mechanics. The volunteers were 19 students, 15-17 years old, enrolled in electronics or computer science courses (11th grade of a Brazilian vocational high school at Belo Horizonte/Minas Gerais. All class activities proposed to the students have been regularly used since 2010, therefore, we made no special intervention to conduct the study. Data collection occurred during the classes and involved audio and video recordings of students working in group; field notes; and photographs of students’ notebooks and of the posters they made to conduct oral presentations. The choice of the groups was based on how assiduous the members were. We have transcribed episodes in which we identified experiences of scientific thinking. These transcriptions, the field notes and the photographs were analyzed together, in interaction with each other. Data analysis is based upon John Dewey’s Theory of Experience. Our results show that the experiences of scientific thinking of the two groups were educative experiences, although qualitatively different. This difference was due to the way students interacted with the conditions given to solve the tasks. Additional information is given about the school circumstances in which the study was conducted to allow a better evaluation of results quality.

Public attitudes toward legally coerced biological treatments of criminals.

Science.gov (United States)

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

2016-12-01

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

Reforming Scottish Criminal Procedure: In Search of Process Values

Directory of Open Access Journals (Sweden)

Pamela R. Ferguson

2017-01-01

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

The Protection of Human Rights through Criminal Justice: the Right to Effective Criminal Investigations in Europe. An Integrate Analysis between the ECHR and EU Law

OpenAIRE

Mirandola, Sofia

2017-01-01

The subject matter of this research are the States’ obligations under the European Convention on Human Rights (the ECHR) to protect human rights through criminal law, with a focus on the procedural limb of such protection, namely the States’ duty to carry out effective criminal investigations into the most serious human rights offences. Furthermore, this study adopts also an integrated approach and discusses the interplay between the duty to conduct effective criminal investigations under the...

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

OpenAIRE

López Gallego, Laura

2017-01-01

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

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

OpenAIRE

López Gallego, Laura

2017-01-01

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

Scientific-creative thinking and academic achievement

Directory of Open Access Journals (Sweden)

Rosario Bermejo

2014-07-01

Full Text Available The aim of this work is to study the relationship between scientific-creative thinking construct and academic performance in a sample of adolescents. In addition, the scientific-creative thinking instrument’s reliability will be tested. The sample was composed of 98 students (aged between 12-16 years old attending to a Secondary School in Murcia Region (Spain. The used instruments were: a the Scientific-Creative Thinking Test designed by Hu and Adey (2002, which was adapted to the Spanish culture by the High Abilities research team at Murcia University. The test is composed of 7 task based in the Scientific Creative Structure Model. It assesses the dimensions fluency, flexibility and originality; b The General and Factorial Intelligence Test (IGF/5r; Yuste, 2002, which assess the abilities of general intelligence and logic reasoning, verbal reasoning, numerical reasoning and spatial reasoning; c Students’ academic achievement by domains (scientific-technological, social-linguistic and artistic was collected. The results showed positive and statistical significant correlations between the scientific-creative tasks and academic achievement of different domains.

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

Science.gov (United States)

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

2017-10-01

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

Domestic violence and the criminal justice system: an overview.

Science.gov (United States)

Erez, Edna

2002-01-01

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

What Explains Criminal Violence in Mexico City? A Test of Two Theories of Crime

Directory of Open Access Journals (Sweden)

Carlos Vilalta

2016-02-01

Full Text Available There are competing theories of what drives crime in cities and neighbourhoods. Two widely cited theoretical approaches focused on social disorganization and institutional anomie propose different explanations for the causes and dynamics of criminality. Yet these theories are seldom empirically tested, much less acknowledged, outside of North America and Western Europe. This article considers their applicability in Mexico’s capital, a sprawling metropolis of more than 20 million people. The authors administer spatial and general statistical tests to explain the geographical patterns of crime rates across multiple forms of criminality. The assessment demonstrates that both theories accurately predict the spatial distribution of crime. The article concludes with a host of policy conclusions, emphasizing social crime prevention over more traditional law and order measures. and consolidating families, parents and childcare.

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

Science.gov (United States)

2010-07-01

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

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

OpenAIRE

Boduszek, Daniel; McLaughlin, Chris; Hyland, Philip

2011-01-01

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

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

Directory of Open Access Journals (Sweden)

Dubonosov E.S.

2014-12-01

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

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

OpenAIRE

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

2018-01-01

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

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

African Journals Online (AJOL)

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

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

Directory of Open Access Journals (Sweden)

Lajić Oliver

2013-01-01

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

Criminal Justice Web Sites.

Science.gov (United States)

Dodge, Timothy

1998-01-01

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

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

African Journals Online (AJOL)

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

28 CFR 90.15 - Filing costs for criminal charges.

Science.gov (United States)

2010-07-01

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

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.

Analytical and critical thinking skills in public relations

Directory of Open Access Journals (Sweden)

Dalibor Jakus

2014-12-01

Full Text Available This article presents more or less independent reasons why analytical and critical thinking skills should be essential part of public relations. Generally, it is considered that the analytical and critical thinking skills are part of public relations, as well as creative thinking, but they should be considered separately and given the codes of ethics of the profession used as initial criteria. For the purpose of the study, in this article is presented the result of the survey in which determine importance of using analytical and critical thinking skills in the implementation of PR projects. The second aim in the survey was to identify the target audience and how they react to the placed information.

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

Science.gov (United States)

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

2015-11-01

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

Latent Class Analysis of Criminal Social Identity in a Prison Sample

Directory of Open Access Journals (Sweden)

Boduszek Daniel

2014-06-01

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

Advanced Analytic Cognition: Thinking Dispositions

Science.gov (United States)

2013-09-01

example, cognitive ability, which is a generalized predictor of learning and performance effectiveness and has a high genetic component, is very...CA, 2006. Peirce, W. Designing Rubrics for Assessing Higher Order Thinking. Available: http://academic.pgcc.edu/~wpeirce/MCCCTR

Association of Polymorphisms of Serotonin Transporter (5HTTLPR) and 5-HT2C Receptor Genes with Criminal Behavior in Russian Criminal Offenders

Science.gov (United States)

Toshchakova, Valentina A.; Bakhtiari, Yalda; Kulikov, Alexander V.; Gusev, Sergey I.; Trofimova, Marina V.; Fedorenko, Olga Yu.; Mikhalitskaya, Ekaterina V.; Popova, Nina K.; Bokhan, Nikolay A.; Hovens, Johannes E.; Loonen, Anton J.M.; Wilffert, Bob; Ivanova, Svetlana A.

2018-01-01

Background Human aggression is a heterogeneous behavior with biological, psychological, and social backgrounds. As the biological mechanisms that regulate aggression are components of both reward-seeking and adversity-fleeing behavior, these phenomena are difficult to disentangle into separate neurochemical processes. Nevertheless, evidence exists linking some forms of aggression to aberrant serotonergic neurotransmission. We determined possible associations between 6 serotonergic neurotransmission-related gene variants and severe criminal offenses. Methods Male Russian prisoners who were convicted for murder (n = 117) or theft (n = 77) were genotyped for variants of the serotonin transporter (5HTTLPR), tryptophan hydroxylase, tryptophan-2,3-dioxygenase, or type 2C (5-HT2C) receptor genes and compared with general-population male controls (n = 161). Prisoners were psychologically phenotyped using the Buss-Durkee Hostility Inventory and the Beck Depression Inventory. Results No differences were found between murderers and thieves either concerning genotypes or concerning psychological measures. Comparison of polymorphism distribution between groups of prisoners and controls revealed highly significant associations of 5HTTLPR and 5-HTR2C (rs6318) gene polymorphisms with being convicted for criminal behavior. Conclusions The lack of biological differences between the 2 groups of prisoners indicates that the studied 5HT-related genes do not differentiate between the types of crimes committed. PMID:29621775

32 CFR 635.8 - General.

Science.gov (United States)

2010-07-01

... 32 National Defense 4 2010-07-01 2010-07-01 true General. 635.8 Section 635.8 National Defense Department of Defense (Continued) DEPARTMENT OF THE ARMY (CONTINUED) LAW ENFORCEMENT AND CRIMINAL INVESTIGATIONS LAW ENFORCEMENT REPORTING Release of Information § 635.8 General. (a) The policy of HQDA is to conduct activities in an open manner and...

The International Criminal Court and Peace Processes in Africa

DEFF Research Database (Denmark)

Gissel, Line Engbo

justice, while also tracing how and why international decision-making processes interfered with the negotiations, narrated the conflicts and insisted on a narrow scope of justice. Building on this interpretive analysis, a comparative analysis of peace processes in Uganda, Kenya and Colombia explores a set......The book investigates how involvement by the International Criminal Court (ICC) affects efforts to negotiate peace. It offers an interpretive account of how peace negotiators and mediators in two peace processes in Uganda and Kenya sought to navigate and understand the new terrain of international...... of general features pertaining to the judicialisation of peace....

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...

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

DEFF Research Database (Denmark)

Marchuk, Iryna

This book examines the rapid development of the fundamental concept of a crime in international criminal law from a comparative law perspective in light of the catalyzing impact of the criminal law theory developed in major world legal systems on the crystallization of the substantive part...... of international criminal law. This study offers a critical overview of international and domestic jurisprudence in regards to the construal of the concept of a crime (actus reus, mens rea, defences, modes of liability) and exposes roots of confusion in international criminal law through a comprehensive...... comparative analysis of substantive criminal laws in selected legal jurisdictions....

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

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

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.

On Training Generalized Thinking.

Science.gov (United States)

Kahn, James V.

A two-phased training study attempted (1) to accelerate the rate at which a total of 8 severely and profoundly retarded children (mean age 57 months) developed the Piagetian concept of object permanence and (2) to demonstrate generalization of the higher performance on object permanence scale to other scales of sensorimotor intelligence and to the…

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."

Fetal Abuse and the Criminalization of Behavior during Pregnancy.

Science.gov (United States)

Farr, Kathryn Ann

1995-01-01

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

International criminal justice and the erosion of sovereignty

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.

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

Science.gov (United States)

Cabrera, Laura Y; Elger, Bernice S

2016-03-01

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

Gambling and Impulsivity Traits: A Recipe for Criminal Behavior?

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.

Gambling and Impulsivity Traits: A Recipe for Criminal Behavior?

Science.gov (United States)

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

2018-01-01

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

Gambling and Impulsivity Traits: A Recipe for Criminal Behavior?

Science.gov (United States)

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

2018-01-01

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

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

Science.gov (United States)

Lin, Wan-Chun

2017-01-01

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

Arthur Morrison, Criminality, and Late-Victorian Maritime Subculture

Directory of Open Access Journals (Sweden)

Diana Maltz

2011-09-01

Full Text Available In 1897, the literary critic H. D. Traill accused Arthur Morrison’s novel, 'A Child of the Jago', of exaggerating the viciousness of East London’s poor, claiming that Morrison had distilled various criminal behaviors into one totalizing, nightmarish zone of barbarity. This essay looks to Morrison’s later novel, 'The Hole in the Wall' (1902, whose concentration of crime is more ambiguous. Morrison tells the reader that Blue Gate Fields, and the pub within it, Paddy’s Goose, are especial locales of danger, but in fact, criminality extends beyond them to wider Wapping, including the pub and home of Captain Nat Kemp and his grandson, the narrator Stephen Kemp. Through his portrayal of Wapping, Morrison conveys his childhood familiarity with the specific maritime culture of the docks and their associated industries. In this regard, we can classify Morrison not merely as an East End novelist, but as a docklands writer. He recognized the unusual topography of Wapping with its sailors’ pubs, lodging houses, and curio shops – and also the hazards inherent there for the sailor on leave: the risk of losing one’s freedom and wages to predatory crimps and ‘land sharks’. Given his commitment to representing the district with all of its idiosyncrasies, Morrison reminds us of the limits of generalizing the ‘East End’ as a homogenous region.

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.

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.

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.

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

Thinking about Thinking: An Exploration of Preservice Teachers' Views about Higher Order Thinking Skills

Science.gov (United States)

Coffman, Diane M.

2013-01-01

Thinking skills have long been regarded as an essential outcome of the educational process. Yet, research shows that the teaching of thinking skills in K-12 education does not follow a coherent path. Several factors affect the teaching and use of thinking skills in the classroom, with teacher knowledge and beliefs about thinking skills among the…

Emotional intelligence and criminal behavior.

Science.gov (United States)

Megreya, Ahmed M

2015-01-01

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

"What Does the Term Critical Thinking Mean to You?" A Qualitative Analysis of Chemistry Undergraduate, Teaching Staff and Employers' Views of Critical Thinking

Science.gov (United States)

Danczak, S. M.; Thompson, C. D.; Overton, T. L.

2017-01-01

Good critical thinking is important to the development of students and a valued skill in commercial markets and wider society. There has been much discussion regarding the definition of critical thinking and how it is best taught in higher education. This discussion has generally occurred between philosophers, cognitive psychologists and education…

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.

Does goal relevant episodic future thinking amplify the effect on delay discounting?

Science.gov (United States)

O'Donnell, Sara; Oluyomi Daniel, Tinuke; Epstein, Leonard H

2017-05-01

Delay discounting (DD) is the preference for smaller immediate rewards over larger delayed rewards. Research shows episodic future thinking (EFT), or mentally simulating future experiences, reframes the choice between small immediate and larger delayed rewards, and can reduce DD. Only general EFT has been studied, whereby people reframe decisions in terms of non-goal related future events. Since future thinking is often goal-oriented and leads to greater activation of brain regions involved in prospection, goal-oriented EFT may be associated with greater reductions in DD than general goal-unrelated EFT. The present study (n=104, M age =22.25, SD=3.42; 50% Female) used a between-subjects 2×2 factorial design with type of episodic thinking (Goal, General) and temporal perspective (Episodic future versus recent thinking; EFT vs ERT) as between factors. Results showed a significant reduction in DD for EFT groups (p<0.001, Cohen's d effect size=0.89), and goal-EFT was more effective than general-EFT on reducing DD (p=0.03, d=0.64). Copyright © 2017 Elsevier Inc. All rights reserved.

Roman Criminal Law. Contributions to Current Problems in Connection with “Crimes against Public Administration”

Directory of Open Access Journals (Sweden)

Fabio Espitia Garzón

2016-12-01

Full Text Available The secular and detailed study of Roman Private Law institutions has, for centuries, diverted the attention to institutions pertaining to the Public Law sphere. Such studies were a consequence of the triumph of bourgeois ideas from the Enlightenment, which were structured on a set of principles (separation of powers, the principle of legality both considered absolute truths, even though today they seem more like myths. This understanding shifted during the second half of the twentieth century, when scholars of Roman Law began to more comprehensively analyze Rome’s constitutional institutions as well as its criminal repression. This paper begins with a review of some of the most important works and articles produced since the fifties until present day about the so called ‘general ’and ´special’ Criminal Law, and the Law of Criminal Procedure, it then focuses on how useful those texts are in order to solve actual problems, taking as an example the subject of crimes against public administration, given the actual need to pursue the assets obtained from such activities, despite the perpetrator’s death, which means going beyond the principle of the individual nature of penalties.

Transnational Criminal Proceedings, Witness Evidence and Confrontation: Lessons from the ECtHR’s Case Law

Directory of Open Access Journals (Sweden)

Lorena Bachmaier Winter

2013-09-01

Full Text Available A single European area of freedom, security and justice requires new models of judicial cooperation in criminal matters to be put in place in order to efficiently combat transnational organized crime. However, this should not be done while disregarding the protection of the individual rights of the suspect and the accused: a transnational criminal procedure should not entail a lowering of the procedural safeguards identified by the European Court of Human Rights. The tension between the efficiency in the cooperation and the need to protect the fundamental rights of the defendant is particularly visible in matters of the transnational gathering of evidence, its transfer and its admissibility as evidence against the accused. This paper intends to identify general principles and rules that should be applied in European transnational criminal proceedings with regard to witness evidence. Departing from the ECHR’s case law, this paper will try to identify the principles regarding the hearing of witnesses who reside in another Member State, the admissibility of pre-trial statements as evidence and the need to foster the use of the live video link for witness questioning.

Criminal Liability of Political Decision-Makers in the Netherlands

NARCIS (Netherlands)

Geelhoed, Willem; Zimmermann, Frank

2017-01-01

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

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

Directory of Open Access Journals (Sweden)

Daniel Acchutti

2011-02-01

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

Think Like a Nurse: A Critical Thinking Initiative.

Science.gov (United States)

Ward, Terry D; Morris, Tiffany

2016-01-01

Critical thinking is essential in the practice of the nurse generalist, today. Nursing faculty is frequently trying to identify teaching strategies in promoting critical thinking and engaging students in active learning. To close the gap between critical thinking and student success, a school in the south east United States implemented the use of the 'think like a nurse initiative" for incoming junior nursing students. Faculty collaborated to adopt the fundamental and essential nursing concepts for nursing students to support thinking like a nurse.

The threat in Iran and United States of America criminal law

Directory of Open Access Journals (Sweden)

Mohammad Ali Mahdavi Sabet

2017-06-01

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

32 CFR 99.3 - General definitions.

Science.gov (United States)

2010-07-01

... 32 National Defense 1 2010-07-01 2010-07-01 false General definitions. 99.3 Section 99.3 National... PROCEDURES FOR STATES AND LOCALITIES TO REQUEST INDEMNIFICATION § 99.3 General definitions. For the purposes of §§ 99.1 through 99.9 of this part: Criminal history record information: information collected by...

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

Directory of Open Access Journals (Sweden)

Василь Миколайович Киричко

2016-06-01

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

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.

Review of Regional Criminal Justice Training Academies. House Document No. 28. Report of the Joint Legislative Audit and Review Commission to the Governor and the General Assembly of Virginia.

Science.gov (United States)

Virginia State General Assembly, Richmond. Joint Legislative Audit and Review Commission.

Virginia has 36 criminal justice training academies, including 10 regional academies. The academies conduct entry-level, inservice, and specialized training for law enforcement officers, jailers, and other criminal justice personnel. In 1998, the Joint Legislative Audit and Review Commission (JLARC) was directed to review the quality, consistency,…

Conceptual thinking of uneducated adults

Directory of Open Access Journals (Sweden)

Pavlović Zoran

2006-01-01

Full Text Available The starting point of this paper is Vygotsky's thesis that the prerequisite of conceptual thinking and concepts in general is the systematic influence upon the child effectuated by his/her inclusion into the process of education. The aim of this work is to examine characteristics of conceptual thinking of people who have not attended school, by which they have been devoid of formative role of education. Four different methods for examination of conceptual development have been used on the sample consisting of seventeen respondents who have not attended school. The results state that the majority of respondents have not demonstrated that they master the concepts on the highest level of development in none of these four methods. However, some respondents in some tests and some individual tasks within the tests show some characteristics of the high level of the conceptual thinking development.

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…

Thinking Critically about Critical Thinking: Integrating Online Tools to Promote Critical Thinking

Directory of Open Access Journals (Sweden)

B. Jean Mandernach

2006-01-01

Full Text Available The value and importance of critical thinking is clearly established; the challenge for instructors lies in successfully promoting students’ critical thinking skills within the confines of a traditional classroom experience. Since instructors are faced with limited student contact time to meet their instructional objectives and facilitate learning, they are often forced to make instructional decisions between content coverage, depth of understanding, and critical analysis of course material. To address this dilemma, it is essential to integrate instructional strategies and techniques that can efficiently and effectively maximize student learning and critical thinking. Modern advances in educational technology have produced a range of online tools to assist instructors in meeting this instructional goal. This review will examine the theoretical foundations of critical thinking in higher education, discuss empirically-based strategies for integrating online instructional supplements to enhance critical thinking, offer techniques for expanding instructional opportunities outside the limitations of traditional class time, and provide practical suggestions for the innovative use of critical thinking strategies via online resources.

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

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

OpenAIRE

Suárez López, Beatriz Eugenia; Universidad Jorge Tadeo Lozano

2017-01-01

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

An integrated public health and criminal justice approach to gangs: What can research tell us?

Directory of Open Access Journals (Sweden)

Erika Gebo

2016-12-01

Full Text Available There has been a call to better link public health and criminal justice approaches to best address crime problems generally, and youth and gang violence in particular. Importantly, there has yet to be a systematic examination of how criminal justice approaches can be integrated within a public health framework. This paper examines the strengths and challenges with mapping gang research and evidence-informed practices onto a public health approach. Conceptual examination reveals benefits to utilizing an integrated framework, but it also exposes core problems with identification and prediction of gang joining and gang membership. The gang label as a master status is called into question. It is argued that a public health framework can inform public policy approaches as to when the focus should be youth violence versus gangs and gang violence.

Digital forensics digital evidence in criminal investigations

CERN Document Server

Marshall, Angus McKenzie

2009-01-01

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

Diagnosis of antisocial personality disorder and criminal responsibility.

Science.gov (United States)

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

2011-01-01

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

I think in portuguese I think in portuguese

Directory of Open Access Journals (Sweden)

Signe Oksefjell Ebeling

2008-10-01

Full Text Available This paper takes Aijmer (1997, 1998 and Simon-Vandenbergen’s (1998 contrastive work on I think as its starting point. In their studies, both Aijmer and Simon-Vandenbergen show that English think is a fuzzy verb and that this becomes particularly evident in a cross-linguistic perspective. Neither Swedish, Dutch or French seems to have one verb corresponding to the whole semantic range of think. In this article, the polysemous nature of think will be further explored in an English-Portuguese contrastive perspective. The data for the study will be taken from the English- Portuguese parallel corpus COMPARA. Portuguese equivalents of (I think will be analysed and the results compared to the findings of Aijmer and Simon-Vandenbergen. This paper takes Aijmer (1997, 1998 and Simon-Vandenbergen’s (1998 contrastive work on I think as its starting point. In their studies, both Aijmer and Simon-Vandenbergen show that English think is a fuzzy verb and that this becomes particularly evident in a cross-linguistic perspective. Neither Swedish, Dutch or French seems to have one verb corresponding to the whole semantic range of think. In this article, the polysemous nature of think will be further explored in an English-Portuguese contrastive perspective. The data for the study will be taken from the English- Portuguese parallel corpus COMPARA. Portuguese equivalents of (I think will be analysed and the results compared to the findings of Aijmer and Simon-Vandenbergen.

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

Science.gov (United States)

Flowe, Heather D.

2012-01-01

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

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

Science.gov (United States)

Flowe, Heather D

2012-01-01

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

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

Directory of Open Access Journals (Sweden)

Heather D Flowe

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

Social construction of victim’s blame, with special emphasis on criminal procedure against accused for the assassination of Zoran Đinđić, the prime minister of Serbia

OpenAIRE

Nikolić-Ristanović Vesna Ž.

2004-01-01

In this paper, the problem of victim blaming is analyzed, in general, and particularly, in the criminal procedure and through the media. Also, the attention is paid to the secondary victimization of family members of murder victims in general, and, especially, in criminal procedure, and when there is the tendency of blaming direct victim. In the first part of the paper the overview of existing theoretical knowledge is given. In the second part, the analyses of social construction of victim’s ...

Criminal Law Study Guide (Revision)

National Research Council Canada - National Science Library

1998-01-01

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

75 FR 9613 - Draft NIJ Restraints Standard for Criminal Justice

Science.gov (United States)

2010-03-03

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

Analytic thinking reduces belief in conspiracy theories.

Science.gov (United States)

Swami, Viren; Voracek, Martin; Stieger, Stefan; Tran, Ulrich S; Furnham, Adrian

2014-12-01

Belief in conspiracy theories has been associated with a range of negative health, civic, and social outcomes, requiring reliable methods of reducing such belief. Thinking dispositions have been highlighted as one possible factor associated with belief in conspiracy theories, but actual relationships have only been infrequently studied. In Study 1, we examined associations between belief in conspiracy theories and a range of measures of thinking dispositions in a British sample (N=990). Results indicated that a stronger belief in conspiracy theories was significantly associated with lower analytic thinking and open-mindedness and greater intuitive thinking. In Studies 2-4, we examined the causational role played by analytic thinking in relation to conspiracist ideation. In Study 2 (N=112), we showed that a verbal fluency task that elicited analytic thinking reduced belief in conspiracy theories. In Study 3 (N=189), we found that an alternative method of eliciting analytic thinking, which related to cognitive disfluency, was effective at reducing conspiracist ideation in a student sample. In Study 4, we replicated the results of Study 3 among a general population sample (N=140) in relation to generic conspiracist ideation and belief in conspiracy theories about the July 7, 2005, bombings in London. Our results highlight the potential utility of supporting attempts to promote analytic thinking as a means of countering the widespread acceptance of conspiracy theories. Copyright © 2014 Elsevier B.V. All rights reserved.

Systems Thinking for an Economically Literate Society

Directory of Open Access Journals (Sweden)

Michael F. Reber

2010-11-01

Full Text Available In the US a dismal truth exists about the citizenry’s lack of understanding of economic fundamentals whether it is amongst our political leaders or our university graduates. This then leads one to ask, “What can be done to help people become literate in economics?” Perhaps the answer lies in the area of systems thinking, which is a way of thinking about the interconnections between the parts of a system and their synthesis into a unified view of the whole system. More specifically, this means incorporating systems thinking and design in primary, secondary, and tertiary curricula. In this paper, the author gives a cursory review of General Systems Theory (GST as developed by Ludwig von Bertalanffy and extended by others in the systems thinking field to illustrate the confluences of thought among Ludwig von Mises and systems scientists. From this the author argues the need for systems thinking and design in curricula and makes reference to non-prescriptive teaching and learning applications for the fostering of economic literacy.

Contrasting platform thinking and product modularization

DEFF Research Database (Denmark)

Boer, Henrike Engele Elisabeth; Persson, Magnus

2015-01-01

Product modularization and platform thinking are both practices that seek to alleviate the negative impact of product customization and variety on internal operations by relying on economies of substitution. Through the use of a standardized pool of components and interfaces, these practices aim...... to create a broad spectrum of product choices. At first sight, product modularization and platform thinking are very similar. The difference between these practices can, however, be found in the manner in which they employ standardization. Where product modularization focuses on creating standardized...... variants. There is a general lack of research addressing the contingency factors that dictate the appropriateness of the use of product modularization and platform thinking in different contexts. To our knowledge, no large-scale empirical research has been reported in which the two concepts, contextual...

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

Directory of Open Access Journals (Sweden)

Vladimir V. Sverchkov

2018-03-01

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

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

OpenAIRE

Nouwen, Sarah Maria; Werner, Wouter G

2014-01-01

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

Guilt and Choice in Criminal Law Theory – A Critical Assessment

Directory of Open Access Journals (Sweden)

Tatjana Hörnle

2016-08-01

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

Childhood Neurodevelopmental Disorders and Violent Criminality: A Sibling Control Study

Science.gov (United States)

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

2014-01-01

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

The principle of equality of arms in international criminal proceedings

NARCIS (Netherlands)

Fedorova, M.I.

2012-01-01

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

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

African Journals Online (AJOL)

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

The Use of Criminal History Information in College Admissions Decisions

Science.gov (United States)

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

2014-01-01

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

The 'Thinking a Lot' Idiom of Distress and PTSD: An Examination of Their Relationship among Traumatized Cambodian Refugees Using the 'Thinking a Lot' Questionnaire

NARCIS (Netherlands)

Hinton, D.E.; Reis, R.; de Jong, J.

2015-01-01

"Thinking a lot" (TAL)—also referred to as "thinking too much"—is a key complaint in many cultural contexts, and the current article profiles this idiom of distress among Cambodian refugees. The article also proposes a general model of how TAL generates various types of distress that then cause

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

Does the think-aloud protocol reflect thinking? Exploring functional neuroimaging differences with thinking (answering multiple choice questions) versus thinking aloud

NARCIS (Netherlands)

Durning, S.J.; Artino, A.R.; Beckman, T.J.; Graner, J.; Vleuten, C.P.M. van der; Holmboe, E.; Schuwirth, L.

2013-01-01

Background: Whether the think-aloud protocol is a valid measure of thinking remains uncertain. Therefore, we used functional magnetic resonance imaging (fMRI) to investigate potential functional neuroanatomic differences between thinking (answering multiple-choice questions in real time) versus

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.

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.

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

Science.gov (United States)

Loughnan, Arlie; Ward, Tony

2014-01-01

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

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.

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

Science.gov (United States)

2010-04-01

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

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

Science.gov (United States)

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

2006-01-01

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

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

OpenAIRE

Carvalho, Henrique; Norrie, Alan W.

2017-01-01

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

The right to information within the criminal proceedings in the European Union. Comparative examination. Critical opinions

Directory of Open Access Journals (Sweden)

Ioana-Minodora Rusu

2016-10-01

Full Text Available In the present study we have examined the provisions of Directive 2012/13 / EU of the European Parliament and the Council on the right to information in criminal proceedings and a compared examination relating to the provisions of Romanian law regarding ensuring the right to information within the Romanian criminal proceedings. The innovations and the value of the work consist of the examination of the European legal instrument, the comparative examination and the critical opinions and the proposals of de lege ferenda. As recognized in the jurisprudence of the ECHR, the right to information of the person suspected or accused of committing a crime or arrested for committing a crime on the territory of another Member State is part of the right to a fair trial, being necessary its compliance throughout the criminal trial, on the territory of each Member State. At the same time the European legislative act establishes a general procedure that needs to be respected by each Member State, which entails the obligation for Member States to ensure at least the same rights as for the citizen or the conditions under which a national of another Member State is suspected, accused or arrested for the commission of a crime. This paper continues the research conducted in the field of International and European judicial cooperation in criminal matters, which have resulted in the publication of papers in wellknown publishing houses in the country and abroad, in national and international specialized journals or conference proceedings. The work can be useful to both theorists and practitioners in the field of judicial cooperation in criminal matters regarding the rights of certain categories of people and to the Romanian or European legislator for amending and supplementing the legislation.

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

NARCIS (Netherlands)

W. Pei (Wei)

2016-01-01

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

A combination strategy for tracking the serial criminal

Science.gov (United States)

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

2010-08-01

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

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

Energy Technology Data Exchange (ETDEWEB)

Croatti, R.D.

1994-10-15

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

Comparative review of the investigation and confiscation of criminal assets

Directory of Open Access Journals (Sweden)

Lajić Oliver

2012-01-01

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

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

Science.gov (United States)

Haskins, Jimmy R.; Friel, Charles M.

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

8 CFR 287.9 - Criminal search warrant and firearms policies.

Science.gov (United States)

2010-01-01

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

Playing science? Environmentally focused think tanks and the new scientific paradigm

OpenAIRE

Douglass, Kimberly L.; Tanner, Sarah

2012-01-01

Although research published by think tanks is generally studied for its contributions to policy discourses, this study finds that think tank–authored studies also affect scientific scholarly communications. Think tanks clearly represent political interests. However, this study shows that their exclusion from scientific rhetoric is not a matter of their failing to meet the community’s standards; it is a matter of ideology, which helps maintain a socially constructed boundary betwee...

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

Directory of Open Access Journals (Sweden)

Андрій Сергійович Климосюк

2018-03-01

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

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

NARCIS (Netherlands)

Hirsch Ballin, M.F.H.

2012-01-01

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

Selected issues of the property right limitation in the criminal proceedings

OpenAIRE

Mityukova, Marina

2014-01-01

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

Students’ Algebraic Thinking Process in Context of Point and Line Properties

Science.gov (United States)

Nurrahmi, H.; Suryadi, D.; Fatimah, S.

2017-09-01

Learning of schools algebra is limited to symbols and operating procedures, so students are able to work on problems that only require the ability to operate symbols but unable to generalize a pattern as one of part of algebraic thinking. The purpose of this study is to create a didactic design that facilitates students to do algebraic thinking process through the generalization of patterns, especially in the context of the property of point and line. This study used qualitative method and includes Didactical Design Research (DDR). The result is students are able to make factual, contextual, and symbolic generalization. This happen because the generalization arises based on facts on local terms, then the generalization produced an algebraic formula that was described in the context and perspective of each student. After that, the formula uses the algebraic letter symbol from the symbol t hat uses the students’ language. It can be concluded that the design has facilitated students to do algebraic thinking process through the generalization of patterns, especially in the context of property of the point and line. The impact of this study is this design can use as one of material teaching alternative in learning of school algebra.

What do we think about coal and rivers

International Nuclear Information System (INIS)

Anon.

1984-01-01

The article reports on the results of a SIFO poll on the attitudes of the Swedish general public to different forms of energy, and which were presented for the first time at a public debate on energy policies at Skellefteaa, Sweden recently. Among the attitudes sampled were: For or against coal-fired power stations (57% against); For or against expanding hydroelectric generating capacity (41% against); 'Do you think plans have been drafted for the abandonment of nuclear power' (49% think not); 'Taking the experience we have gained was it good or bad for Sweden to invest in nuclear power' (77% think it was good). (H.J.P.)

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

Directory of Open Access Journals (Sweden)

Yury V. Derishev

2016-11-01

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

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

Directory of Open Access Journals (Sweden)

Ilić Ivan

2014-01-01

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

Exploring Race Based Differences in Patterns of Life-Course Criminality

Science.gov (United States)

Markowitz, Michael W.; Salvatore, Christopher

2013-01-01

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

Assessing Thinking Skills in Astro 101: Do We Make an Impact?

Science.gov (United States)

Bruning, D.

2005-12-01

Most instructors agree that a major goal of "Astronomy 101" is to develop thinking skills in our students (Partridge and Greenstein, AER 2, 46, 2003). Much educational research in astronomy has initially concentrated on "best practices" for improving student learning (development of "think-pair-share", lecture tutorials, peer tutoring, etc.). Little has been done to date to assess our efforts to improve student thinking skills and students' desire to think more deeply about the cognitively rich ideas offered in the typical astronomy class. This study surveys several astronomy and physics courses to determine whether general analytical thinking skills increase because of the science course and whether students' attitudes toward cognition improve. Cacioppo, Petty and Kao's "Need for Cognition" scale is used for the latter assessment (J. Personality Assessment 48, 306, 1984). A shortened version of Whimbey and Lochhead's ASI skills instrument is used to assess analytical skills ("Problem Solving and Comprehension," 1986). Preliminary results suggest that students need for cognition does not change in general, although there may be a correlation between increasing need for cognition and improvement in grades through the semester. There is a suggestion that need for cognition is slightly predictive of course performance, but a greater correlation exists between the post-course survey and grades. Gains in general analytical skills have been seen in initial surveys, but correlations with course performance appear elusive.

Argumentation: A Methodology to Facilitate Critical Thinking.