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...

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...

Manifest Destiny: The Relationship between the United States and the International Criminal Court in a Time of International Upheaval

NARCIS (Netherlands)

Sabharwal, Prashant

2012-01-01

Ever since the negotiations that culminated in the signing of the Rome Statute of the International Criminal Court ("ICC" or "the Court"), the approach taken by various Administrations in the United States has been a reflection of domestic politics and a skeptical foreign policy establishment. In

Human Trafficking and the Rome Statute of the International Criminal Court

Directory of Open Access Journals (Sweden)

CLARE FRANCES MORAN

2014-12-01

Full Text Available The case for extending the reach of the Rome Statute to the crime of human trafficking has not yet been made in detail. The brutality which occurs when human beings are trafficked by criminal gangs is of an equally egregious nature as the other crimes covered by the Rome Statute and yet it does not fall within the remit of the International Criminal Court. Such trafficking may also fall outwith the definition of slavery as a crime against humanity, particularly given the State policy threshold set by the Statute. This paper seeks to explore the viability of the inclusion of human trafficking as a discrete international crime within the Rome Statute as a response to this loophole.

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

The case for inclusion of terrorism in the jurisdiction of the International Criminal Court

NARCIS (Netherlands)

van der Wilt, H.; Braber, I

2014-01-01

The Prosecutor of the International Criminal Court has recently announced that she will start investigations into possible war crimes and crimes against humanity in the Central African Republic. As far as war crimes are concerned, the success of this venture hinges on the question whether the

What can China do to develop International Criminal Law and Justice further from the perspective of the International Criminal Court?

Directory of Open Access Journals (Sweden)

Hua Deng

2016-06-01

Full Text Available The Rome Statute, as well as the International Criminal Court (ICC, regarded as a worldwide mechanism for the fight for impunity and a better protection of human rights, has 124 State parties up to date. China, however, is still not a party to the Rome Statute, mainly because of five reasons. This article looks for promoting the academic research on the Rome Statute and the ICC to clarify some confusion, and strengthening the Chinese domestic legislation to make use of the principle of complementary jurisdiction to exclude the jurisdiction of the ICC at largest. It is possible for China to be ready to access to the Rome Statute and take part in the ICC club in the future, which is also a contribution of China to the development of the international criminal law and justice.

OPTIMALISASI PERAN INTERNATIONAL CRIMINAL COURT DAN APLIKASI AKSI KEMANUSIAAN SEBAGAI INISIASI PENYELESAIAN KASUS ETNIS ROHINGYA

Directory of Open Access Journals (Sweden)

Ayub Torry Satrio K

2014-09-01

Full Text Available Rohingya is an ethnic in Myanmar which becomes victim of human rights violation by the un-recognition of the ethnic citizenship. They also undergo several treatments which lead to genocide trials. The government of Myanmar did not take any optimal action in order to bring this problem to an end. There are three action proposed in this writings to initiate a problem solving, i.e.: a case settlement with the act of International Criminal Court based on Rome Statute 1998; a humanitarian action as a step regarding the government failure in overcoming the humanitarian crisis on the ethnic of Rohingya; and an application of hu-man security concept in order to bring back the security of Rohingya people. Those actions can be carried out through the mechanism of international organization such as UN and its derivative bodies; or through the mechanism of regional bodies where Myanmar is one of the member, ASEAN. Keywords : Rohingya ethnic, International Criminal Court, Humanitarian Action

The Future of the International Criminal Court. On Critique, Legalism and Strengthening the ICC's Legitimacy

NARCIS (Netherlands)

De Hoon, Marieke

2017-01-01

While the International Criminal Court (icc) strives for justice for atrocity crimes throughout the world, increasingly, its legitimacy is undermined: powerful states refuse to join, African states prepare to leave, victims do not feel their needs for justice are met. This article argues that this

Punishing Genocide: A Comparative Empirical Analysis of Sentencing Laws and Practices at the International Criminal Tribunal for Rwanda (ICTR, Rwandan Domestic Courts, and Gacaca Courts

Directory of Open Access Journals (Sweden)

Barbora Hola

2016-12-01

Full Text Available This article compares sentencing of those convicted of participation in the 1994 genocide in Rwanda. With over one million people facing trial, Rwanda constitutes the world’s most comprehensive case of criminal accountability after genocide and presents an important case study of punishing genocide. Criminal courts at three different levels— international, domestic, and local—sought justice in the aftermath of the violence. In order to compare punishment at each level, we analyze an unprecedented database of sentences given by the ICTR, the Rwandan domestic courts, and Rwanda’s Gacaca courts. The analysis demonstrates that sentencing varied across the three levels—ranging from limited time in prison to death sentences. We likewise find that sentencing at the domestic courts appears to have been comparatively more serious than sentencing at the ICTR and at the Gacaca courts, which calls into question consistency of sentences across levels of justice and should be explored in future research.

Explaining African Participation in International Courts

DEFF Research Database (Denmark)

Gissel, Line Engbo; Brett, Peter

2018-01-01

constructivist and liberal institutionalist International Relations theories. International court creation did not reflect the pursuit of national interests or a response to normative NGO pressures. Making this argument, the article analyses the design and ratification of two new international courts: the SADC...... Tribunal and International Criminal Court. Using the case studies of Zimbabwe and Kenya, it shows how global scripts were repeated by even those states which have, in recent years, most vocally asserted their national interests against these courts....

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 role of victims at the International Criminal Court : legal challenges from the tension between restorative and retributive justice

NARCIS (Netherlands)

Zago, G.

2014-01-01

The work of the International Criminal Court is characterized by a diversity of legal goals: indeed, its purpose is not limited to the fulfillment of a classic retributive scope, by punishing the accused for the commission of crimes within the Court's jurisdiction, but it also intends to achieve a

Trying to Win the Legal Battle but Losing the Strategic War: U.S. Efforts to Thwart the International Criminal Court

National Research Council Canada - National Science Library

Chitwood, Mitchell R

2007-01-01

The International Criminal Court ("ICC") is widely regarded within the international community as a positive and necessary step toward individual accountability for those who order and carry out the most heinous of crimes genocide, crimes...

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 ...

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....

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

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

DEFF Research Database (Denmark)

Carlson, Kerstin Bree

2008-01-01

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

The Universal Jurisdiction of South African Criminal Courts and Immunities of Foreign State Officials

Directory of Open Access Journals (Sweden)

Evode

2015-12-01

Full Text Available Under the "complementarity" regime of the Rome Statute of the International Criminal Court (ICC, the jurisdiction of the ICC is secondary to the jurisdiction of domestic courts. States Parties, not the ICC, have the primary responsibility of investigating and prosecuting international crimes. The ICC acts only when States are "unable" or "unwilling" to prosecute. As a State Party, in order to give effect to the complementarity principle, South Africa enacted the Implementation of the Rome Statute of the International Criminal Court Act 27 of 2002, which determines the modalities of prosecuting perpetrators of the crimes of genocide, crimes against humanity and war crimes in South African courts. The Implementation Act also provides that South African courts will have jurisdiction over these crimes not only when they are committed on the territory of South Africa but also when they are committed outside the Republic. By granting South African courts jurisdiction over a person who commits a crime outside the Republic when that person is later found on South African territory, without regard to that person's nationality or the nationality of the victims, the Implementation Act empowers South African courts with universal jurisdiction over international crimes. This paper seeks to determine whether and to what extent foreign State officials, such as foreign heads of State, heads of government and ministers of foreign affairs, can plead immunity when they are accused of international crimes before South African courts when exercising their universal jurisdiction in terms of the Implementation Act and in accordance with the complementarity regime of the Rome Statute. In other words, the article endeavours to determine whether international law rules regarding immunities of State officials may or may not limit the ability of South African courts to exercise universal jurisdiction over international crimes committed in foreign States.

The Road to Reconciliation? Optimizing the Legitimacy and Efficacy of the International Criminal Court within the African Union and Africa

NARCIS (Netherlands)

Morgan, I.S.

2018-01-01

It is close to a decade now that tensions continue to obstinately persist between the International Criminal Court (ICC) and the African Union (AU) to the point of numerous threatened en masse withdrawals by African States from the Rome Statute. This, automatically following in the wake of an all

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.

Ukraine and the International Criminal Court: Implications of the Ad Hoc Jurisdiction Acceptance and Beyond

DEFF Research Database (Denmark)

Marchuk, Iryna

2016-01-01

The Article examines an array of important legal issues that arise out of the acceptance of the jurisdiction of the International Criminal Court by Ukraine, a non-State Party to the Rome Statute, within the framework of Article 12(3) with respect to the alleged crimes against humanity committed...... during the 2014 Maydan protests (Declaration I) and the alleged war crimes committed in eastern Ukraine and Crimea (Declaration II). It provides an in-depth analysis of constitutional law issues linked to the acceptance of the jurisdiction by Ukraine and discusses its possible implications...

The Relevance of Criminal Courts in the Global South

Directory of Open Access Journals (Sweden)

Pablo Leandro Ciocchini

2017-12-01

Full Text Available The literature on comparative law has a long and robust tradition, but studies comparing courts and judicial systems are scarce. Comparative studies in the Global South, following Shapiro’s institutional approach, have aimed to measure the involvement of courts in politics by assessing the power of the judiciary in society, the level of judicial independence, and their role in the context of the judicialization of politics. The focus was on the high courts, including either Constitutional or Supreme Courts. Criminal courts have not received similar attention despite the influence of their everyday decisions on people’s lives and their perception of the judicial system. This article argues that developing a comparative approach for criminal courts in the Global South is needed to help understand the role they play in the development of the rule of law and democratic life. This comparative study helps understand the impact of judicial reform programmes in the Global South. These reforms, inspired by a neoliberal paradigm, have focused on improving the efficiency of the courts. The reforms have promoted managerial techniques detrimental to the standards of due process. Any assessment of the impact of the reforms on the courts in the Global South should start by recognising the widely differing settings under which they operate. This context is characterised by serious economic constraints, such as a lack of material and human resources, and a democratic deficit legacy from the past authoritarian regimes, including widespread police abuse and corruption. Given this context, the role of the courts in ensuring due process and the legality of police procedures is crucial. The impact of the judicial reforms promoting managerial rationality in recent decades must be analysed. To examine the role courts are playing in criminal matters, two cases were explored where courts have undergone extensive judicial reforms, Argentina and the Philippines.

The right to a fair appeal in international criminal law

NARCIS (Netherlands)

Djukic, Drazan

2017-01-01

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

The right to appeal on criminal procedure under international acts and jurisprudence

Directory of Open Access Journals (Sweden)

MSc. Vilard Bytyqi

2016-01-01

Full Text Available The right to appeal, respectively the right on complaint as per our legal vocabulary, constitutes the basic trunk of the second phase of court decisions in a certain procedure, in particular the criminal proceedings. The aim of this paper is to emphasize the main notions of appeal, but also in other aspects through the comparative description it aims to bring more clarity in differences and similarities that exist in between the appeal which is used in our criminal proceedings and the appeal which is used in the criminal proceedings that take place in the supranational courts. It is known that in courts which consist of international elements, the appeal is positioned in a more advanced level, due to the fact that there are grounds of suspicion used over every element that could be used in any national criminal proceedings. Overall, in any place of the world, the appeal has the goal to remedy court decisions brought by the court of first instance, while, in the procedural aspect it has more or less differences depending on the regulations of criminal procedures of that state.  Such difference due to the diversity of the legal systems today are also accepted as the universal legal value, since establishment of international tribunals provides the best practice in this field.

The stormy waters of the International Criminal Court: universal fight against impunity or liberal universalization?

Directory of Open Access Journals (Sweden)

Mateus Kowalski

2014-05-01

Full Text Available The universalistic dimension of the International Criminal Court's (ICC nature and function is clear. Yet, this dimension must be thoroughly defined. We must ask ‘what universalism’? A rational approach to international social relations is different from an ethical one. While the rational approach may lead to universalization of localized specific moral models (e.g. the liberal Western model promoting its hegemony, the ethical approach promotes diversity through considering non-reducible differences and common human phenomena in which only a minimal common ethics is universal. This paper argues that the answer to this structural question is crucial to understand if the ICC is essentially a hegemonic tool to expand the predominant Western liberal model or rather a mechanism to fight impunity acknowledging diversity and rooted on an ethical concern. We contend that the ICC is immersed in troubled waters where it is not always possible to separate a universalizing Western liberal approach from an ethical universal approach. Nevertheless, we conclude that the Court, even if partially and at times serves as tool for hegemony, is essentially defined by the universalization of the fight against impunity through reference to a minimal common ethics.

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, �

Relationship between the International Court of Justice and the International Criminal Tribunal for the former Yugoslavia in respect of the adjudication of genocide

Directory of Open Access Journals (Sweden)

Kreća Milenko

2015-01-01

Full Text Available By opting for the approach based on the dichotomy of individual criminal responsibility for the act of genocide and the responsibility of the State in both the Bosnian and Croatian Genocide cases, the International Court of Justice enabled the establishment of a jurisprudential connection with the judgments of the International Criminal Tribunal for the Former Yugoslavia. After outlining the reasons for adopting such an approach, which are classified as both positive and negative, the author offers an extensive analysis of the differences between the ICJ and ICTY, stressing the necessity to take these differences into account when considering the interconnection between the 'World Court' and the ICTY as a specialized tribunal. The paper focuses on the need for a balanced and critical approach to the jurisprudence of the ICTY as regards genocide, by differentiating between the Tribunal s factual and legal findings. The author insists that a substantive criterion, not a formal one, must be applied with a view to the proper assessment of the factual findings of the Tribunal in accordance with the standards of judicial reasoning of the ICJ. As regards the treatment of the ICTY's legal findings which relate to genocide, it is stressed that their uncritical acceptance would compromise the determination of the relevant rules of the Genocide Convention by the Court. Namely, the law applied by the ICTY as regards the crime of genocide is not equivalent to the relevant law established by the Convention and may be understood as its progressive development rather than its application.

The Impact of an Indiana (United States Drug Court on Criminal Recidivism

Directory of Open Access Journals (Sweden)

John R. Gallagher

2014-07-01

Full Text Available This study evaluated a drug court located in a metropolitan area of Indiana (United States, focusing specifically on identifying variables that predicted recidivism among drug court participants and comparing criminal recidivism patterns among drug court and probation participants. Drug court participants were most likely to recidivate if they were younger, had a violation within the first 30 days of the program, had a previous criminal record, and were terminated unsuccessfully from the program. Furthermore, drug court participants were less likely to recidivate than probationers who had similar offense and demographic characteristics. Implications for drug court practice, policy advocacy, and future research are discussed.

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.

Behavioral Genetics in Criminal and Civil Courts.

Science.gov (United States)

Sabatello, Maya; Appelbaum, Paul S

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

Criminal Prosecution of International Crimes and Principle of Legality (Pregon mednarodnih hudodelstev in načelo zakonitosti

Directory of Open Access Journals (Sweden)

Sabina Zgaga

2017-12-01

Full Text Available The majority of criminal prosecutions of core crimes’ perpetrators in the last 60 years was performed post factum, since the rules of criminal prosecution were drafted after the commission of international crimes. The paper discusses the dilemmas, which arise from the principle of legality due to the post factum nature of criminal prosecution. First, the elements of principle of legality are presented, of which those are emphasised that could be controversial in case of international crimes prosecution. Afterwards, the paper discusses the answers provided by international criminal law, especially the case law of the International Criminal Tribunal for the former Yugoslavia and by the European Court of Human Rights. The paper concludes by analysis of Slovenian view on dillemas of principle of legality and compares Slovenian positions with the ones of the European Court of Human Rights. The thesis that Slovenian Constitution includes a stricter regulation of principle of legality than the European Court of Human Rights’ system is thereby confirmed.

Sources of International Courts' Legitimacy: A comparative study

DEFF Research Database (Denmark)

Godzimirska, Zuzanna; Creamer, Cosette

Despite ample scholarship on the legitimacy of international legal institutions, existing studies on international courts (ICs) tend to adopt normative or deductive approaches to specify their legitimacy and assess its effects. Very few adopt empirical or inductive approaches and examine the reas......Despite ample scholarship on the legitimacy of international legal institutions, existing studies on international courts (ICs) tend to adopt normative or deductive approaches to specify their legitimacy and assess its effects. Very few adopt empirical or inductive approaches and examine...... of supply-side factors— the features, roles and practices of a court—in assessing its legitimacy, we argue that demand-side factors—namely the characteristics of the evaluating state—also largely determine the sources of an IC’s legitimacy. To support and illustrate this argument, we examine statements...... of members on the operation of three ICs with different institutional designs and roles: the International Court of Justice, the International Criminal Court, and the Appellate Body of the World Trade Organization. We employ supervised learning methods of text classification to identify statements...

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

African Journals Online (AJOL)

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

OPTIMALISASI PERAN INTERNATIONAL CRIMINAL COURT DAN APLIKASI AKSI KEMANUSIAAN SEBAGAI INISIASI PENYELESAIAN KASUS ETNIS ROHINGYA

Directory of Open Access Journals (Sweden)

Ayub Torry Satrio K

2014-09-01

Full Text Available Rohingya is an ethnic in Myanmar which becomes victim of human rights violation by the un-recognition of the ethnic citizenship. They also undergo several treatments which lead to genocide trials. The government of Myanmar did not take any optimal action in order to bring this problem to an end. There are three action proposed in this writings to initiate a problem solving, i.e.: a case settlement with the act of International Criminal Court based on Rome Statute 1998; a humanitarian action as a step regarding the government failure in overcoming the humanitarian crisis on the ethnic of Rohingya; and an application of hu-man security concept in order to bring back the security of Rohingya people. Those actions can be carried out through the mechanism of international organization such as UN and its derivative bodies; or through the mechanism of regional bodies where Myanmar is one of the member, ASEAN.

The protection of the accused in international criminal law according to the Human Rights Law Standard

Directory of Open Access Journals (Sweden)

Karolina Kremens

2011-12-01

Full Text Available The presented paper discusses the influence of international human rights law on international criminal law. It tries to give an answer to the question of whether rules protecting the accused in international criminal proceedings meet the human rights law standard provided by international declarations and covenants. Meaning, if the proceedings before the International Criminal Tribunal for Former Yugoslavia (ICTY, International Criminal Tribunal for Rwanda (ICTR and International Criminal Court (ICC meet the standard provided by international human rights law, in particular the International Covenant on Civil and Political Rights. The paper proves that international human rights law has affected international criminal law tremendously. Moreover, it is argued that the protection of the accused in the law of the international courts and tribunals with regard to his rights has improved when compared to the international human rights law standard. In particular the Rome Statute of the ICC provides the accused with the most comprehensive protection. This is especially visible in the case of such rights as the presumption of innocence, right to an interpreter and right to remain silent. Nevertheless, some shortcomings in the law of the ad hoc tribunals and ICC can be observed, in particular when it comes to identifying the commencement of protection of the accused.

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

African Journals Online (AJOL)

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

The pre-trial procedures and principles of the International Criminal ...

African Journals Online (AJOL)

The pre-trial procedures and principles of the International Criminal Court. ... the accused persons were done ex-post facto and devoid of any country's law. ... Against this background, this paper attempts to put the ambiguities aside and ...

Criminal Courts of Justice, Dublin

Directory of Open Access Journals (Sweden)

Jonathan Tooth

2012-04-01

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

The Right to Appeal as a Fundamental Right under International Acts and Jurisprudence, with Special Emphasis on Criminal Procedure

Directory of Open Access Journals (Sweden)

Vilard BYTYQI

2017-03-01

Full Text Available The right to appeal, respectively the right on complaint as per our legal vocabulary, constitutes the basic trunk of the second phase of court decisions in a certain procedure, in particular the criminal proceedings. The aim of this paper is to emphasize the main notions of appeal, but also in other aspects through the comparative description it aims to bring more clarity in differences and similarities that exist in between the appeal which is used in our criminal proceedings and the appeal which is used in the criminal proceedings that take place in the supranational courts. It is known that in courts which consist of international elements, the appeal is positioned in a more advanced level, due to the fact that there are grounds of suspicion used over every element that could be used in any national criminal proceedings. Overall, in any place of the world, the appeal has the goal to remedy court decisions brought by the court of first instance, while, in the procedural aspect it has more or less differences depending on the regulations of criminal procedures of that state. Such difference due to the diversity of the legal systems today are also accepted as the universal legal value, since establishment of international tribunals provides the best practice in this field.

NL-Netherlands: Court applies Google Spain: no right to be forgotten for convicted criminal

NARCIS (Netherlands)

Breemen, V.

2014-01-01

On 18 September 2014, the Amsterdam Court handed down the first national application of the EU Court of Justice’s Google Spain judgment. The case was initiated by a convicted criminal after Google had not fully granted his online removal requests. The court rejected the claim, but it should be noted

From text to talk in criminal court: Prosecuting, defending, and examining the evidence

NARCIS (Netherlands)

Houwen, F.; Sneijder, P.W.J.

2014-01-01

In this article we analyze how prosecutors, lawyers and judges refer to the case file. Because witnesses are rarely heard again in Dutch criminal court, understanding how their written voices are re-animated in court is of importance. Lawyers and prosecutors select quotations and introduce these in

The International Criminal Court at the crossroads

Directory of Open Access Journals (Sweden)

Abdelwahab Biad

2010-05-01

Full Text Available Since the adoption of the Statute of Rome in July 1998, the ICC has been confronted by a number of problems. One such problem is the disagreement which persists among the members of the Assembly of Member States as to whether the crime of Aggression is one over which the Court has competence pursuant to Article 5 of the Statute. Another diffi culty is the opposition of the United States of America which, since the Bush Administration, has deployed a juridical arsenal with the aim of impeding any type of collaboration with the ICC; the tools in the arsenal include the American Service Members’ Protection Act and bilateral immunity agreements which prevent the transfer of American citizens to the Court by State members of the Rome Statute. The entry into force of the of the Statute on 1 July 2002 allowed the Court Prosecutor to initiate the fi rst investigations and processes for war crimes and crimes against humanity committed in the confl icts which have devastated certain African States (D.R.C., The Central African Republic and Uganda. The arrest warrant against the Sudanese President Omar Al Bashir for atrocities committed in Darfur demonstrates the limitations of action on the Court which cannot carry out its mandate without the cooperation of the States. Above all, the Court must confront the criticism of “double standards” and that it is an instrument of “justice for the poor”, while the “powerful” escape. The answers to these problems can be contributed to, in part, through the revision process foreseen by the Statute nine years after its entry into force.

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

Science.gov (United States)

2013-05-10

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

Model(ing) Law: The ICTY, the International Criminal Justice Template, and Reconciliation in the Former Yugoslavia

DEFF Research Database (Denmark)

Carlson, Kerstin Bree

2013-01-01

My project uses the case study of the ICTY and reconciliation in the Balkans to address the larger topic of the capacity of international criminal tribunals (ICTs) as transitional justice mechanisms. I argue that the ICTY operates under the (flawed) received wisdom of the IMT at Nuremberg, what I...... term the international criminal justice template. This template accords three transitional justice functions for ICTs beyond (and in conjunction with) their central judicial aim of adjudicating cases: as (1) articulators of progressive criminal law (2) historians and (3) reconcilers or storytellers. My...... and the development of international law and society studies, in order to better theorize and understand the structural and theoretical constraints governing the establishment of legitimacy for international criminal courts....

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.

Crimes against humanity: the role of international courts.

Directory of Open Access Journals (Sweden)

Eder Milton Schneider

Full Text Available We study the role of international tribunals, like the International Criminal Court (ICC, as an effective way of reducing the number and/or gravity of crimes against humanity. The action of the ICC is directed against leaders that promote or tolerate these kinds of crimes, that is, political authorities, army commanders, civil leaders, etc. In order to simulate the action of the ICC we build a hierarchical society where the most important leaders have the highest connectivity and can spread their points of view, or their orders, through a chain of less but still highly connected deputy chiefs or opinion chieftains. In this way, if they practice misconduct, corruption, or any kind of discriminatory or criminal actions against individuals or groups, it would very difficult and improbable that they will be prosecuted by the courts of their own country. It is to alleviate this situation that the ICC was created. Its mission is to process and condemn crimes against humanity though a supranational organism that can act on criminal leaders in any country. In this study, the action of the ICC is simulated by removing the corrupt leader and replacing it by a "decent" one. However, as the action of the corrupt leader could have spread among the population by the time the ICC acts, we try to determine if a unique action of the ICC is sufficient or if further actions are required, depending on the degree of deterioration of the human rights in the hypothetical country. The results evidence the positive effect of the ICC action with a relatively low number of interventions. The effect of the ICC is also compared with the action of the local national judiciary system.

Crimes against humanity: the role of international courts.

Science.gov (United States)

Schneider, Eder Milton; Iglesias, José Roberto; Hallberg, Karen; Kuperman, Marcelo Néstor

2014-01-01

We study the role of international tribunals, like the International Criminal Court (ICC), as an effective way of reducing the number and/or gravity of crimes against humanity. The action of the ICC is directed against leaders that promote or tolerate these kinds of crimes, that is, political authorities, army commanders, civil leaders, etc. In order to simulate the action of the ICC we build a hierarchical society where the most important leaders have the highest connectivity and can spread their points of view, or their orders, through a chain of less but still highly connected deputy chiefs or opinion chieftains. In this way, if they practice misconduct, corruption, or any kind of discriminatory or criminal actions against individuals or groups, it would very difficult and improbable that they will be prosecuted by the courts of their own country. It is to alleviate this situation that the ICC was created. Its mission is to process and condemn crimes against humanity though a supranational organism that can act on criminal leaders in any country. In this study, the action of the ICC is simulated by removing the corrupt leader and replacing it by a "decent" one. However, as the action of the corrupt leader could have spread among the population by the time the ICC acts, we try to determine if a unique action of the ICC is sufficient or if further actions are required, depending on the degree of deterioration of the human rights in the hypothetical country. The results evidence the positive effect of the ICC action with a relatively low number of interventions. The effect of the ICC is also compared with the action of the local national judiciary system.

When Should Neuroimaging be Applied in the Criminal Court?

DEFF Research Database (Denmark)

Ryberg, Jesper

2014-01-01

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

Mandatory appearances of forensic examiner for cross-examination in court and related systemic improvement under china's criminal procedure

Directory of Open Access Journals (Sweden)

Jianye Qu

2017-01-01

Full Text Available In China's criminal procedure system, forensic advice is one of the key types of evidence. These advices play an important part in discovering the facts of a case, convictions, and sentencing, and they cannot be ignored in assessments of guilt and the death penalty. However, due to broad and flexible criminal laws, in actual litigation, the nonappearance of forensic examiner or mere provision of documentation of advice read in court has become the norm. This has led to the existence in name only of cross-examination rights, which directly damages the legitimate rights and interests of the parties and the objective and impartial rulings of referees. At present, there is no legal clarity in criminal proceedings that examiner should or should not be examined in court. In my opinion, the entire court system should require an appearance in court, which must be a clear mandatory appearance with specific exceptions. The system should guarantee the forensic examiner' mandatory appearances, which would inevitably improve the rules of evidence.

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 ...

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

O pedido de cooperação do Tribunal Penal Internacional ao Brasil na captura do presidente do Sudão (The request for cooperation on the capture of the president of Sudan submitted to Brazil by the International Criminal Court

Directory of Open Access Journals (Sweden)

João Irineu de Resende Miranda

2011-01-01

Full Text Available Resumo: Este artigo tem como tema a relação de cooperação entre o Tribunal Penal Internacional e o Brasil. Partindo das questões levantadas pelo despacho referente à Petição 4625-1, redigido pelo presidente do Supremo Tribunal Federal, seu objetivo é saber se as dificuldades em harmonizar certas disposições do Estatuto do Tribunal Penal Internacional com a Constituição brasileira podem impedir o Brasil de cooperar com o Tribunal Penal Internacional no tocante à detenção e posterior entrega do presidente do Sudão, Omar al-Bashir. Analisando o fundamento jurídico do pedido de cooperação e os pontos de conflito apontados pela doutrina, conclui-se que não há obstáculo para o atendimento do pedido de cooperação, sendo este, pelo contrário, uma obrigação jurídica do Estado brasileiro.Abstract: This work discusses the cooperation relationship between the International Criminal Court and Brazil. From the issues raised by the order on the Petition 4625-1, as written by the President of the Supreme Court, its goal is to establish whether or not the difficulties in harmonizing certain provisions of the Statute of the International Criminal Court with the Brazilian Constitution may prevent the latter to cooperate with the International Criminal Court in relation to the arrest and surrender of the President of Sudan, Omar al-Bashir. Analyzing the legal basis of the request for cooperation and the conflict points highlighted by the doctrine, our research concludes that there is no obstacle to comply with the request for cooperation, which is actually a legal obligation of the Brazilian state.

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.

THE INTERNATIONAL CRIMINAL COURT (ICC, IMPUNITY AND THE RISE OF A SIEGE MENTALITY AMONG KENYA’S KLEPTOCRACY

Directory of Open Access Journals (Sweden)

Westen K Shilaho

2017-09-01

Full Text Available Did the entry by the International Criminal Court (ICC into the 2007-2008 postelection dispute ruffle feathers among Kenya’s politicians and influence the results of the 2013 elections? This article argues that the indictment of prominent Kenyans by the ICC for atrocities committed during the postelection violence was the first attempt to break a vicious cycle of impunity deeply entrenched in the country’s body politic. However, the indictees exploited cases against them to exacerbate ethnic fault lines, polarise the country and ensure the controversial victory by Uhuru Kenyatta and William Ruto during the 2013 elections despite facing egregious charges before the ICC. Crucially, the ICC precipitated uncertainty and trepidation among Kenya’s kleptocrats in power since 1963, the year of Kenya’s independence. Kenyatta’s controversial presidential victory in 2013 was both personal and oligarchic as it ensured continued stranglehold on Kenya’s political and economic spheres by a self-reporuding plutocracy. With control of state apparatus, Kenyatta and Ruto successfully fought back against the threat posed by the ICC. The article analyses ICC politics impunity, and ethnic politics through the prism of Kenya’s cases before the ICC.

COURT OF JUSTICE OF THE EUROPEAN UNION - INTERNATIONAL COURT

Directory of Open Access Journals (Sweden)

Ioana Nely Militaru

2015-11-01

Full Text Available Court of Justice of the European Union (CJEU performs according to its competence, the position of International Justice in solving disputes between two or more subjects of international law. International jurisdiction of the Court of Justice of the EU is - mandatory that each Member State has the opportunity to seize this court if it considers that another state violated an obligation incumbent upon it under Union Treaties; - optional in disputes between Member States in connection with the subject Union Treaties.

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...

Forensics for Dummies? Equality of arms in and on trial in Dutch criminal courts.

NARCIS (Netherlands)

van der Kemp, J.J.; Stalman, S.

2009-01-01

Forensic disciplines such as DNA-matching, pathology and psychology are often requested to report in criminal cases. Within the Dutch legal system forensic experts are court appointed and little use of second opinion or contra-expertise by the defence is seen. This makes that forensic reports

The Victim, the International Criminal Court and the Search for Truth: on the Interdependence and Incompatibility of Truths about Mass Atrocity

NARCIS (Netherlands)

Stolk, S.

2015-01-01

In the debate on the place of victims in international criminal proceedings, the 'search for truth' takes centre stage as an important concern of victims, international criminal tribunals and the wider international community. However, the various claims about the importance of telling and receiving

PENGADILAN HIBRIDA (HYBRID COURT SEBAGAI ALTERNATIF PENANGANAN KEJAHATAN INTERNASIONAL

Directory of Open Access Journals (Sweden)

Arie Siswanto

2016-10-01

Since the end of World War II, the international community witnessed the increasingly serious efforts to deal with the international crimes. Besides the domestic criminal courts and purely international tribunals, the forum that is also recently used to handle international crimes is the hybrid courts that have been established in several places such as in Cambodia, Sierra Leone and Timor-Leste. Hybrid courts are established from different political backgrounds, but as a legal institution, its establishment was necessarily based on legal instruments. This paper identifies that there are three patterns in the formation of hybrid court, which are: the establishment of a hybrid court based on an agreement between the UN and the relevant state, the establishment of a hybrid court by the UN or international administration and the establishment of a hybrid court by a country which later gains greater international support.

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...

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...

Optimality aspects with assigning of Magistrates to Sessions and Teams of the Amsterdam Criminal Court

NARCIS (Netherlands)

Schreuder, J.A.M.; Burke, E.K.; Rudova, H.

2006-01-01

In the criminal court (Arrondissements rechtbank, sector strafrecht) of Amsterdam the assignment of magistrates (judges, officers, etc) to sessions needed to handle the cases presented, has become a problem last years mainly caused by the increase of so called mega-sessions. One complicating factor

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.

Does Type of Child Risk Affect Whether Mothers Seek Assistance for Intimate Partner Violence From Civil or Criminal Court?

Science.gov (United States)

Palmer, Jane E; Renner, Lynette M; Goodman, Lisa A; Dutton, Mary Ann

2016-03-01

We examined whether risks to children of intimate partner violence survivors affected the type of legal assistance accessed. We hypothesized that the level and type of perceived child risk would be associated with whether women sought a protection order in civil court or filed charges against a current or former intimate partner in criminal court. Using data from a sample of predominantly African American women (N=293), we found that some forms of child risk were positively associated with seeking a civil order of protection but negatively associated with pressing criminal charges. Implications for practice, policy, and future research are presented. © The Author(s) 2015.

Mental health court outcomes: a comparison of re-arrest and re-arrest severity between mental health court and traditional court participants.

Science.gov (United States)

Moore, Marlee E; Hiday, Virginia Aldigé

2006-12-01

Mental health courts have been proliferating across the country since their establishment in the late 1990's. Although numerous advocates have proclaimed their merit, only few empirical studies have evaluated their outcomes. This paper evaluates the effect of one mental health court on criminal justice outcomes by examining arrests and offense severity from one year before to one year after entry into the court, and by comparing mental health court participants to comparable traditional criminal court defendants on these measures. Multivariate models support the prediction that mental health courts reduce the number of new arrests and the severity of such re-arrests among mentally ill offenders. Similar analysis of mental health court completers and non-completers supports the prediction that a "full dose" of mental health treatment and court monitoring produce even fewer re-arrests.

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.

Comparison of victims' reports and court records of intimate partner violence perpetrators' criminal case outcomes.

Science.gov (United States)

Bell, Margret E; Larsen, Sadie E; Goodman, Lisa A; Dutton, Mary Ann

2013-09-01

Intimate partner violence (IPV) victims often report feeling confused and uninformed about court proceedings, including even about the final disposition of the case against their partner. This is problematic because victims' decisions in responding to subsequent abuse may be significantly influenced by their beliefs about the outcomes of prior court experiences. Also, researchers often rely on victim report of court case outcomes; discrepancies between women's reports and official records may account for some of the conflicting findings in the empirical literature. In the current study, we compared the reports of case outcome given by 81 women recruited immediately after the final hearing of an IPV-related criminal case against their perpetrator with court records of case outcome. Findings revealed a fair level of agreement between women's reports and court files that was significantly different from the level of agreement expected by chance, but far from perfect. Level of agreement increased substantially when cases involving suspended sentences were removed. In reviewing these findings, we discuss the extent to which results can or cannot be interpreted as reflecting the accuracy of women's knowledge and review their implications for IPV researchers and court systems.

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. 

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.

Mandatory appearances of forensic examiner for cross-examination in court and related systemic improvement under china's criminal procedure

OpenAIRE

Jianye Qu; Min Guo

2017-01-01

In China's criminal procedure system, forensic advice is one of the key types of evidence. These advices play an important part in discovering the facts of a case, convictions, and sentencing, and they cannot be ignored in assessments of guilt and the death penalty. However, due to broad and flexible criminal laws, in actual litigation, the nonappearance of forensic examiner or mere provision of documentation of advice read in court has become the norm. This has led to the existence in name o...

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

Science.gov (United States)

MacLean, Charles E; Lamparello, Adam

2014-01-01

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

THE CRIMINAL LIABILITY OF CORPORATIONS – OVERVIEW ON RECENT CASE LAW OF THE ROMANIAN COURTS

Directory of Open Access Journals (Sweden)

ANDRA ROXANA ILIE

2012-05-01

Full Text Available Although the criminal liability of corporations is now consecrated in Romanian for more than five years, there is however some reticence in engaging the liability of such person. Nonetheless, in the past years, it can be noticed an emergence of the files where the problem of the criminal liability of corporations is raised. The purpose of this paper is to present the main issues from the Romanian case law in this field. Several topics are to be mainly discussed, such as the enforcement of criminal sanctions such as the winding-up or the diffusion of the decision, the application of precautionary measures and interim measures against corporations, the possibility to call a corporation in the criminal trial both as accused and as third party called liable for other person’s acts etc. During this analysis, it can be noticed that the most common crimes perpetrated by corporations are related to employment issues, copyright, corruption, illegal drug trafficking etc. Therefore, the objectives pursued by the present study are to provide an approach on the most recent court decisions where criminal charges against corporations were carried out and to see how the relevant legal provisions were applied in these cases.

The Utility of Elementary School TOCA-R Scores in Identifying Later Criminal Court Violence Among Adolescent Females

Science.gov (United States)

Petras, Hanno; Ialongo, Nicholas; Lambert, Sharon F.; Barrueco, Sandra; Schaeffer, Cindy M.; Chilcoat, Howard; Kellam, Sheppard

2005-01-01

Objective: To evaluate the utility of a teacher-rating instrument (Teacher Observation of Classroom Adaptation-Revised [TOCA-R]) of aggressive behavior during elementary school years in identifying girls at risk of later criminal court violence. Method: A community epidemiological sample of 845 urban public school girls was rated at six time…

At the Supreme Court.

Science.gov (United States)

Williams, Charles F.

2000-01-01

States that in the past juvenile courts afforded children with fewer rights than criminal courts accorded to adults accused of the same crimes. Reviews three U.S. Supreme Court cases that affirmed the constitutional rights of juvenile offenders and changed juvenile court proceedings. Discusses whether the juvenile death penalty violates…

Prabowo and the shortcomings of international justice

DEFF Research Database (Denmark)

Tan, Nikolas Feith

2015-01-01

under the jurisdiction of the International Criminal Court, temporal jurisdiction renders prosecution impossible. This article explores Prabowo’s human rights abuses, and how international criminal law has failed to achieve justice for these crimes. It concludes that Prabowo’s political rise threatens...... the aims of international criminal justice....

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...

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

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.

Commentary (Pre-Trial Detention in the Extraordinary Chambers in the Courts of Cambodia )

DEFF Research Database (Denmark)

Marchuk, Iryna

2015-01-01

Most international criminal courts and tribunals find provisional detention absolutely necessary to ensure the swift delivery of justice. A decision on pre-trial detention must be in conformity with well-recognized human rights standards, thus respecting the person’s right to a fair trial...... and upholding the presumption of evidence. Although the general assumption in criminal law is that pre-trial detention is the exception and not the rule, a number of factors, such as the gravity of the crimes, as well as heightened flight risk of the accused, appear to have reversed the test employed...... in international criminal courts and tribunals. To date, all provisional detention orders against former members of the inner circle of Pol Pot, except for one, have been re-affirmed on appeal in the ECCC. This commentary appraises the ECCC case law on pre-trial detention from the standpoint of its conformity...

Panel: challenging criminal charges for HIV transmission and exposure.

Science.gov (United States)

Edwardh, Marlys; Adam, Barry; Joncas, Lucie; Clayton, Michaela

2009-12-01

Justice Edwin Cameron, of the Constitutional Court of South Africa, served as moderator. He said that this topic was particularly relevant for "an African/Canadian setting" because African countries may use Canadian developments as justification for their efforts to address HIV transmission and exposure through criminal law. Justice Cameron said that Canada is internationally perceived as a human rights-respecting state and, thus, sets an example, particularly for African nations, on how to comply with human rights issues. He added that in this particular case, however, Canada was sending the wrong message. This article contains summaries of the four presentations made during this panel. Marlys Edwardh reviews how the Supreme Court of Canada in Cuerrier interpreted the concepts of "endangering life" and "fraud". Barry Adam discusses the notion of a "duty to disclose" and how this affects HIV prevention. Lucie Joncas examines how the Supreme Court defined "fraud" in Cuerrier and describes a case before the Quebec Court of Appeal which may turn on whether the use of a condom or having a low viral load is considered not to constitute a significant risk of transmission. Finally, Michaela Clayton describes the trend in Southern African countries to adopt laws criminalizing HIV transmission or exposure, and explains that criminalization endangers women's health and lives.

The International Criminal Court as a Component of U.S. National Security Strategy

Science.gov (United States)

2012-04-21

Court The idea of a court for prosecution of individuals traces its roots back to Kantian idealism. Springboarding off the idea of “world...Treaty of Rome and become a full member of the ICC is a policy decision. In deciding good policy, the best policy maximizes the benefit to U.S

ENFORCED DISAPPEARANCE OF PERSONS UNDER INTERNATIONAL CRIMINAL LAW: THE CASE “GUERRILHA DO ARAGUAIA” IN BRAZIL

Directory of Open Access Journals (Sweden)

Angela Pires Pinto

2011-12-01

Full Text Available The case “Guerrilha do Araguaia” is well known in Brazil in the view of the disappearances of opponents to the military regime occurred between 1972 and 1974, in the region known as Araguaia. Despite the efforts made by the families of the victims to seek responsibility and redress, few progress has been done. In 1995, Brazil recognized its responsibilities for the deaths and established a Commission to provide compensation to the families of the victims. The Amnesty Law prevented the State to initiate the criminal proceedings related to the responsibilities of those involved in the disappearances, torture and killings. On December 2010, the Inter-American Court of Human Rights decided that Brazil is responsible for the enforced disappearances in the Araguaia's region and, following its previous jurisprudence, determined that the State initiate adequate investigation and criminal proceedings related to the facts that amount to crimes against the humanity. In the view of the determination of criminal responsibilities on the “Guerrilha do Araguaia”'s case, this article will examine the grounds of criminal liability of the alleged offenders under the international criminal law as well as under the Brazilian domestic law, analysing the limitations that arise from both jurisdictions.

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?

DISPARITY OF PUNISHMENT AT THE COURT OF THE CRIME OF CORRUPTION

Directory of Open Access Journals (Sweden)

Arifuddin -

2015-07-01

Full Text Available Research on the judge's ruling against the disparity of offender criminal acts of corruption as well as the factors that influence the occurrence of the judge's verdict, the disparity was held in the Court of a criminal offence, Corruption in the courts, the courts of Makassar Tipikor Tipikor Bandung, with this type of problem identification research perskriptif-shaped, with the descriptive nature of the use of legal normative approach. Primary data obtained through interviews with as many as 15 judges and prosecutors as well as 7 5 academics 3 advocates determination technique done with a sample of secondary data and sampling purporsiv acquired through the study of librarianship is analyzed then qualitatively.The research results showed that determination of the disparity, mistakes and condemnation to the perpetrator of the criminal offence of corruption in the courts, the courts of Makassar Tipikor Ti [ikor Jakarta and Bandung Tipikor Court as well as in the great Mahkama occurs because positive Indonesia corruption criminal law that gives broad freedom to determine fault and criminal type (strafsoort both weighs criminal ringannya or (strafmaat to the perpetrator of the criminal offence of corruption all not under the minimum standard of judgment and memlampaui the maximum punishment standards defined in legislation the eradication of criminal acts of corruption. Factors that cause the occurrence of an error or judgment determining the disparity to the perpetrator of the criminal offence of corruption in the courts, the courts of Makassar Tipikor Ti [ikor Jakarta and Bandung Tipikor Court as well as in legal substance Agungadalah Mahkama factor, which gives freedom to the judge in deciding guilt and punishment inflicted to the defendant, politics and power, because the perpetrator of the criminal offence of corruption involves many officials or former officials of the regional social stratification, which is strong in the Association

Limited criminal jurisdiction on investigation and judgement of High-ranking government officials. Procedural issues.

Directory of Open Access Journals (Sweden)

Carlos Arturo Gómez Pavajeau

2015-12-01

Full Text Available The Constitution of Colombia provides that certain senior officials, because of their position, should be investigated and tried by the Supreme Court (members of Congress or by the same Court upon indictment by the General Attorney (art. 235 n. 4. The Constitution provides that the President, the judges of the high courts and the prosecutor also have a special status, as the investigation and prosecution is allocated in the Senate, previous accusation in the House of Representatives, and in the Supreme Court for the common crimes. The criminal and disciplinary jurisdiction of investigation and prosecution has generated countless controversies at the doctrinal and jurisprudential level, related to the exclusive competence of the Prosecutor General’s Office and the judges of the Supreme Court to advance the investigation. In particular, the impossibility of delegating the commission of evidence and proceedings related to jurisdiction in such processes; the courts and their relationship with the position or function; the retention or recovery of competition by the criminal court room after renouncing the jurisdiction in the parapolitics processes; the notion tenure as a basis for criminal jurisdiction in the case of the governors in charge; a second hearing as a minimum guarantee derived from international standards on human rights and the issue related to jurisdiction and impunity on the subject of political or “impeachment” judgments.

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 ...

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

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.

Questions of legal responsibility for Srebrenica before the Dutch courts

NARCIS (Netherlands)

Spijkers, Otto

This contribution provides an overview of the litigation in the Dutch civil and criminal courts concerning the Srebrenica massacre. The author maps out the Dutch courts' divergent approaches to immunity of United Nations peacekeepers, state responsibility and individual criminal responsibility for

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…

Reviewing the National Courts in Creating Orderly International Law and Community

Directory of Open Access Journals (Sweden)

Johanis Leatemia

2017-08-01

Full Text Available Orderly international community and international law are determined by a national court. Essentially, the national court must be competent to maintain the balance between the national interest which based on the national sovereignty as well as the provisions of international law within the framework of peaceful coexistence. This article reviews the role of national courts in creating and developing the customary international law. As it turns out in practice, however, it has certain weaknesses, particularly in view of the accountability and legitimacy aspects of its establishment. This purpose could be achieved if national courts were able to maintain a balance between the national interest based on the sovereignty of State on the one hand and the provisions of international law on the other. The function of the national court was to maintain a balance between international law and national law.

The governance of complementary global regimes and the pursuit of human security : the interaction between the United Nations and the International Criminal Court

NARCIS (Netherlands)

Marrone, Andrea

2015-01-01

This study offers an overview of the challenges occurring in the emerging regime of international criminal justice as a tool of sustainable peace. It illustrates the impact of such regime in international law and international relations focusing on the obstacles and concerns of its governance in the

28 JURISDICTION OF THE INTERNATIONAL CRIMINAL COURT

African Journals Online (AJOL)

Fr. Ikenga

legal responses by concerned governments or the international community to international crimes. As a result of hard negotiations, it was agreed that the Rome Statute prohibits the ... the ICC may exercise its jurisdiction when the crime is committed on the ..... Human Rights Committee indicates that non bis in idem has only.

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”

19 CFR 176.11 - Transmission of records to Court of International Trade.

Science.gov (United States)

2010-04-01

... SECURITY; DEPARTMENT OF THE TREASURY (CONTINUED) PROCEEDINGS IN THE COURT OF INTERNATIONAL TRADE Transmission of Records § 176.11 Transmission of records to Court of International Trade. Upon receipt of service of a summons in an action initiated in the Court of International Trade the following items shall...

Another Brick in the Whole. The Case-Law of the Court of Justice on Free Movement and Its Possible Impact on European Criminal Law

Directory of Open Access Journals (Sweden)

Mancano Leandro

2016-05-01

Full Text Available European Union, and criminal, laws had been interacting in many ways even before explicit competence in criminal matters was acquired by the Union in the Treaty of Maastricht. Such intersections between supranational and national provisions have frequently been handled by the CJEU. In the main, the intervention of the Court is triggered by Member States’ recourse to penal sanctions in situations covered by EU law. In such cases, the CJEU is called upon to strike a complicated balance: it has to deal with Member States’ claims of competence in criminal law, whilst ensuring that that power is used consistently with EU law. By making reference to selected cases, this paper highlights the impact that principles established in the context of the fundamental freedoms can have on EU criminal law.

Case Law: - Canada: Criminal Court decision respecting attempted export of nuclear-related dual use items to Iran: Her Majesty the Queen vs Yadegari (2010); - Czech Republic: Supreme Administrative Court on the legal status of CEZ (2010)

International Nuclear Information System (INIS)

Anon.

2010-01-01

Case law 1: Canada - Criminal Court decision respecting attempted export of nuclear-related dual use items to Iran: Her Majesty the Queen vs Yadegari (2010). This case concerns a recent, successful prosecution that was undertaken before the Ontario Court of Justice relating to violations of export control legislation in Canada, nuclear regulatory legislation, customs law, criminal law, as well as Canadian law implementing UN Security Council resolutions concerning Iran. The convictions that have been registered in this case, notwithstanding the fact that the decision is currently under appeal,2 demonstrate the importance of a functioning export control regime and effective counter-proliferation strategy. The case represents the first conviction for a regulatory offense under the Nuclear Safety and Control Act,3 in force since 2000, and Mr. Yadegari is the first Canadian to be convicted under the United Nations Act, Canada's legislation by which it implements UN resolutions. Case law 2: Czech Republic - Supreme Administrative Court on the legal status of CEZ (2010). The Supreme Administrative Court in its decision of 6 October 20098 ruled on whether CEZ, a.s., which is the operator of nuclear installations at the Temelin and Dukovany sites in the Czech Republic, is governed by the Act on Free Access to Information. The court stated that the rules laid down in the Act on Free Access to Information, also apply to CEZ which is considered as a 'public institution'. The following reasons led the court to this interpretation: first, CEZ was established by decision of the state in the course of the privatisation process. Secondly, the company is effectively controlled by the state, which is still its majority owner and the profits of the company also compose a portion of state budget revenues. Finally, there is a public interest served in the function of the company

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....

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 ...

Symbolism as a Constraint on International Criminal Law

DEFF Research Database (Denmark)

Aksenova, Marina

2016-01-01

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

The privileges and immunities of international organizations in domestic courts

CERN Document Server

2013-01-01

International organizations are increasingly operating across borders and engaging in legal transactions in virtually all jurisdictions. This makes, familiarity with the applicable law and practice imperative for both international organizations and those who engage in legal relations with them. Furthermore, the issue of whether, how, and to what extent domestic courts take into account decisions of foreign and international courts and tribunals in their own decision-making has become increasingly important in recent years. This book provides a comprehensive empirical study of this transnational judicial dialogue, focusing on the law and practice of domestic jurisdictions concerning the legal personality, privileges, and immunities of international organizations. It presents a selection of detailed country-by-country studies, examining the manner of judicial dialogue across domestic jurisdictions, and between national and international courts. The approach taken in this book intersects with three highly topi...

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

Criminal policy of the Colombian State and the rights of persons deprived of liberty: Legislative Analysis and Constitutional Court jurisprudence

Directory of Open Access Journals (Sweden)

Omar Huertas Díaz

2013-12-01

Full Text Available With the entry into force of the 1991 Constitution, Colombia entered the era of fundamental rights as they catalog the Superior text is large and that the Constitutional Court has given scope beyond the simple meaning of the sentences that make each of these fundamental rights. In turn, it started the legislation has couple that were in effect prior to the new Charter and new rules are enacted. In this legislative development, the Colombian State has issued numerous rules that allow the restriction of personal freedom of the people living in the Colombian territory, whether of a temporary (security measures or has permanent level (custodial sentences. In that future legislation, the crisis within jails and prisons in the country worsened, today introduced massive violations of fundamental rights of persons deprived of liberty by court order. Overcrowding, lack of information necessary to meet the basic needs of prisoners, the absence of a criminal policy consonant with the reality of these detention centers are just some of the issues that shape the aforementioned rights violations. With the research carried seeks to make recommendations to the criminal policies in jail and prison, to enable the State to overcome this crisis.

Sources of International Courts' Legitimacy: A comparative study

DEFF Research Database (Denmark)

Godzimirska, Zuzanna; Creamer, Cosette

Despite ample scholarship on the legitimacy of international legal institutions, existing studies on international courts (ICs) tend to adopt normative or deductive approaches to specify their legitimacy and assess its effects. Very few adopt empirical or inductive approaches and examine the reas......Despite ample scholarship on the legitimacy of international legal institutions, existing studies on international courts (ICs) tend to adopt normative or deductive approaches to specify their legitimacy and assess its effects. Very few adopt empirical or inductive approaches and examine...... the reasons why an IC is considered more or less legitimate in the eyes of a court’s constituents. This paper addresses this scholarly gap by identifying the sources of ICs’ legitimacy within the expressed views of one category of constituents: a court’s member states. Although we emphasize the importance...

75 FR 32532 - Notice of Meeting of the Advisory Committee on International Law

Science.gov (United States)

2010-06-08

... International Law A meeting of the Advisory Committee on International Law will take place on Monday, June 21, 2010, from 9:30 a.m. to approximately 5:30 p.m., at the George Washington University Law School... Criminal Court review conference and ad hoc international criminal tribunals; the law of war regarding...

Legal Bibliography for Juvenile and Family Courts. Supplement 2.

Science.gov (United States)

Sheridan, William H.; Freer, Alice B.

This bibliography provides a listing of journal articles on such topics as: the abused child, adoptions, case decisions, confessions, constitutional law, counsel, court administration and organization, courts, criminal law and procedure, custody, delinquency, domestic relations, due process for juveniles, evidence, family court and family law,…

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

NARCIS (Netherlands)

Werner, W.G.; Nouwen, S.

2014-01-01

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

UK: Welsh court reduces sentence, cites HIV status.

Science.gov (United States)

Marceau, Emmanuelle

2003-08-01

A Welsh appeal court has reduced the sentence handed down to an offender because of his HIV status, despite his lengthy criminal record. The court reduced the sentence from five to three-and-a-half years' imprisonment.

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 ...

Open Access for International Criminal Lawyers

NARCIS (Netherlands)

van Laer, Coen

2016-01-01

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

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

Directory of Open Access Journals (Sweden)

М. І. Панов

2015-03-01

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

The immunity of states and their officials in international criminal law and international human rights law

NARCIS (Netherlands)

van Alebeek, R.

2008-01-01

* Provides an in-depth analysis of case law such as the Pinochet, Jones, Al-Adsani, the Arrest Warrant, and Taylor cases. * The first comprehensive treatment of the subject for both civil and criminal proceedings The development of international human rights law and international criminal law has

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

The protection of juveniles under Cameroon criminal law and procedures through the lens of international standards

Directory of Open Access Journals (Sweden)

Thomas Ojong

2017-10-01

Full Text Available While the legislative framework on the adminitration of juvenile justice in Cameroon may currently be adequate and in compliance with the international conventions ratified by the State, the implementation of the national law should be the primary mechanism through which human rights are realized. Cameroon is usually said to be a State with good laws but poor implementation. With recourse to the normative and empirical methods, this article explores the provisions on the protection of juveniles in Cameroon criminal law and procedures through the lens of internationally recognized principles. It looks at the provisions as they are interpreted and applied by the Courts. The prospect being to invite the Government and all the stakeholders to embark on establishing the structures provided for and ensure effectiveness in the enforcement of juvenile justice in the country so as to overcome the current weaknesses that the system is experiencing.

Status of Court Management in Switzerland

Directory of Open Access Journals (Sweden)

Andreas Lienhard

2012-12-01

Full Text Available At an international level, and in particular in the Anglo-American region, there is a long tradition of scientific study of court management. Thus in Australia there has for quite some time been the Australasian Institution of Judicial Administration (AIJA, which concerns itself with every aspect of court administration. In the USA too, research and education in the field of court management has been institutionalized for a long time, in particular by the National Center for State Courts (NCSC and the related Institute for Court Management (ICM. In Europe, a working group known as the European Commission for the Efficiency of Justice (CEPEJ deals with issues of court management as part of the activities of the Council of Europe. The fact that court management is also increasingly becoming an important topic in the European area was demonstrated by the establishment, in 2008, of a new professional journal that focuses on court management, the International Journal for Court Administration (IJCA. In Switzerland, the issue of court management was discussed for the first time in the course of the New Public Management (NPM projects in the cantons, but was often limited to the question of whether to include the courts in the relevant cantonal NPM model. Generally speaking, court management was a matter that was only sporadically raised, such as at a symposium of the Swiss Society of Administrative Sciences (SSAS in 2003 or more recently in an article in which theses on good court management are formulated. In Switzerland even today there is a general dearth of empirical and other theoretical findings on the mode of operation of the justice system and its interaction with society, or with specific social target groups. For example, it was only in 2009 that the first indications were obtained of how cases in various categories were handled by the highest administrative and social insurance courts in Switzerland. In the fields of criminal and civil

Will the judgment in the Hague trial constitute a precedent in international law

Directory of Open Access Journals (Sweden)

Bojanić Petar

2006-01-01

Full Text Available On the great crime (mala in se; scelus infandum and sovereignty In this text we are attempting to think the International Criminal Tribunal for the former Yugoslavia together, and always with its necessary connection to the International Court of Justice and International Criminal Court. By paraphrasing the title of another work, the long forgotten Hans Kelsen text from 1947 (today usually used by detractors of the Tribunal "Will the Judgment in the Nuremberg Trial constitute a Precedent in International Law?", I wish to distinguish between the two Tribunals (as well as The Treaty of Versaille,and in so doing treat international law as legislative history or judicial precedents (and their recognition.

Autism spectrum disorder: forensic issues and challenges for mental health professionals and courts.

Science.gov (United States)

Freckelton, Ian

2013-09-01

Autism spectrum disorder (ASD), as defined in DSM-V, can be relevant in a variety of ways to decision-making by courts and tribunals. This includes the family, disciplinary, discrimination and criminal law contexts. By reviewing decisions made by superior courts in a number of common law jurisdictions, this article identifies a pivotal role for mental health professionals closely familiar with both the disorder and forensic exigencies to educate courts about the inner world of those with ASD. Highlighting areas of criminality that court decisions have dealt with, especially in relation to persons with Asperger's Disorder, as defined by DSM-IV, it calls for further research on the connection between ASD, on the one hand, and conduct, capacities and skills, on the other hand. It urges enhancement of awareness of the forensic repercussions of the disorder so that expert evidence can assist the courts more humanely and informedly to make criminal justice and other decisions. © 2013 John Wiley & Sons Ltd.

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.

Denying humanitarian access as an international crime in times of non-international armed conflict: the challenges to prosecute and some proposals for the future

NARCIS (Netherlands)

Bartels, R.

2015-01-01

Impeding humanitarian access and the starving of civilians is prohibited under international humanitarian law in times of both international and non-international armed conflicts. Such conduct is criminalised under the Rome Statute of the International Criminal Court (ICC Statute) when committed

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....

The impact of cooperation on the rights of defendants before the International Criminal Court

NARCIS (Netherlands)

Ferioli, M.L.

2016-01-01

The present study locates the challenges faced by defendants during cooperation proceedings in the context of the unique structural system of the Court, and the inherent tensions and limitations that characterize the ICC’s functioning. The study is divided into two parts. The first part sets out the

Juizados Especiais Criminais e seu déficit teórico The theoretical deficit of Small Claims Criminal Courts

Directory of Open Access Journals (Sweden)

Carmen Hein de Campos

2003-06-01

Full Text Available A Lei 9.099/95 (Lei dos Juizados Especiais Criminais, elaborada para fixar a punição de delitos de menor potencial ofensivo, é usada, majoritariamente, para julgar a violência conjugal. O paradigma masculino que norteou sua elaboração acarreta um déficit teórico por não ter aceito o paradigma da criminologia feminista ancorado no conceito de gênero. As conseqüências desse déficit se manifestam na operacionalidade da Lei cujos resultados são a banalização da violência doméstica, o arquivamento massivo dos processos e a insatisfação das vítimas, todas mulheres.Small Claims Criminal Courts, though created to deal with minimal offenses, are now found to be judging mostly cases of domestic violence.The male paradigm on which the creation of such courts was based causes a theoretical deficit for not having taken into account feminist criminology and gender. As a consequence of this deficit, court decisions reflect the banalisation of domestic violence and contribute to a massive shelving of suits with a consequent growing dissatisfaction on the part of the victims, all of them women.

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.

Protecting Children Rights under International Criminal Justice

OpenAIRE

Erinda Duraj (Male)

2015-01-01

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

Consecration normative de la responsabilite individuelle penale au niveau international

Directory of Open Access Journals (Sweden)

Dorul Olga

2017-04-01

Full Text Available The horrors of the two world wars, reproved by the entire international society as inevitable consequence had the establishment of the mechanism of international liability of individuals who have committed war crimes. The statutes of the two international military tribunals established after the Second World War laid the foundation of a new branch of law - International Criminal Law. Among the principles recognized in the statutes of the tribunals, a special role-plays the principle of international criminal liability. Namely, the legal establishment of the international individual criminal liability in its time marked a “revolution” in Public International Law. Nowadays, the international society marked by the presence of multiple military conflicts, which inevitably involves committing of war crimes, should consolidate all the potential in order to counteract them and to punish those guilty of non-compliance with the International Humanitarian Law, which constitute war crimes. This can be achieved including through a detailed regulation by Public International Law instruments and constituents of the concept of war crimes. However, today we are witnessing the increasing role of international courts that have the jurisdiction to prosecute and punish war crimes, which are not effectively repressed by national judicial courts.

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.

Tried as an adult, housed as a juvenile: a tale of youth from two courts incarcerated together.

Science.gov (United States)

Bechtold, Jordan; Cauffman, Elizabeth

2014-04-01

Research has questioned the wisdom of housing juveniles who are convicted in criminal court in facilities with adult offenders. It is argued that minors transferred to criminal court should not be incarcerated with adults, due to a greater likelihood of developing criminal skills, being victimized, and attempting suicide. Alternatively, it has been suggested that the other option, housing these youth with minors who have committed less serious crimes and who are therefore adjudicated in juvenile courts, might have unintended consequences for juvenile court youth. The present study utilizes a sample of youth incarcerated in one secure juvenile facility, with some offenders processed in juvenile court (n = 261) and others processed in adult court (n = 103). We investigate whether youth transferred to adult court engage in more institutional offending (in particular, violence) and experience less victimization than their juvenile court counterparts. Results indicate that although adult court youth had a greater likelihood of being convicted of violent commitment offenses than juvenile court youth, the former engaged in less offending during incarceration than the latter. In addition, no significant differences in victimization were observed. These findings suggest that the concern about the need for separate housing for adult court youth is unfounded; when incarcerated together, those tried in adult court do not engage in more institutional violence than juvenile court youth. PsycINFO Database Record (c) 2014 APA, all rights reserved.

Truth and victims’ rights: Towards a legal epistemology of international criminal justice

OpenAIRE

Aguilera, Edgar R.

2013-01-01

The author advances the thesis that the now well established international crime victims' right to know the truth creates an opportunity for an applied epistemology reflection regarding international criminal justice. At the heart of the project lies the author's argument that this victims' right -if taken seriously- implies both the right that the international criminal justice system's normative structures or legal frameworks and practices feature a truth-promoting profile, or in other word...

Supreme Court Review

Science.gov (United States)

Williams, Charles F.

2009-01-01

By the end of the 2008-2009 term, Justice David Souter's decision to return to New Hampshire and President Obama's nomination of Sonia Sotomayor to replace him on the bench had taken over the Supreme Court news cycle. In the end, the consensus has been that, with the possible exception of criminal justice issues, swapping out Souter for Sotomayor…

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.

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

African Journals Online (AJOL)

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

The Role of International Juridical Process in International Security and Civil-Military Relations

Science.gov (United States)

2002-12-01

judged, although under domestic criminal law provisions, certainly in the light of the Nuremberg principles, e.g. the Eichmann case by the District...Court of Jerusalem in 1961, and the case of Klaus Barbie in France. Until today the application of international rules of war remains generally

Food allergy, a summary of eight cases in the UK criminal and civil courts: effective last resort for vulnerable consumers?

Science.gov (United States)

Gowland, M Hazel; Walker, Michael J

2015-08-15

Food allergy has a forensic context. The authors describe eight cases in the UK courts involving fatalities, personal injury or criminal non-compliance with food law from mainly 'grey' literature sources. The potentially severe consequences for people with food allergy of contraventions of labelling law have led to enforcement action up to criminal prosecution for what might otherwise be regarded as 'trivial' non-compliance. The authors suggest there should be central collation of such cases. Non-compliances should be followed up in a more rapid and robust manner. Evidence of fraud in the catering supply chain supports recent calls for zero tolerance of food fraud. Businesses must guard against gaps in allergen management, for which there are readily available sources of training and guidance, but also against fraudulent substitution in the supply chain, about which training and guidance should be developed. New allergen labelling legislation and case law appear to place responsibility on food businesses even for the forensically problematic area of allergen cross-contamination. The courts can be an effective last resort for vulnerable consumers; however, there is evidence of knowledge and skill gaps in both the investigation and prosecution of potentially serious incidents of food allergen mismanagement and mislabelling. Thorough investigation of food allergy deaths is required with a tenacious and skilled approach, including early realisation that samples of the food and/or stomach contents from a post mortem examination should be retained and analysed. The supply chain must be rigorously examined to find out where adulteration or contamination with the fatal allergen occurred. © 2014 Society of Chemical Industry.

Universal Jurisdiction between Unity and Fragmentation of International Criminal Law

Directory of Open Access Journals (Sweden)

Pasculli Maria Antonella

2011-04-01

Full Text Available This paper represents the outcome of research fellowship Marie Curie at the Universiteit Leiden -Campud Den Haag Grotius, Centre for International Legal Studies (prof. C. Stahn and prof. Larissa van den Herik, supervisors on the topic "The Fragmentation and the Diversification of International Criminal Law in a Global Society”.In my paper I will examine the question of whether Universal Jurisdiction (UJ leads to unity or fragmentation within International Criminal Law (ICL. Given that there is already quite a lot of literature on UJ, it is important to focus the research on the issue of fragmentation and/or unity rather than to deal with the issue of UJ more generally. I will focus on this topic in sections 1 and 2, explaining some cursory remarks to these issues in my analysis on fragmentation. In the introduction, I will briefly introduce UJ as a controversial form of jurisdiction, but still necessary given that territorial jurisdiction does not always function well in the case of international crime. I will demonstrate that many state parties to the International Criminal Court (ICC Statute have vested or reconfirmed UJ for the core crimes when implementing the ICC Statute. The leading question of my research is whether this practice has led or has the potential to lead to unity or rather to fragmentation within ICL. In the research I will approach this question from different perspectives.In section 1 I will examine how State parties have may actually enacted universal jurisdiction for the core crimes, with a view to determining whether there is indeed some unity on this front or whether the practice on this matter is actually rather diverse (or fragmented. Subsequently, I will analyse which conditions States have formulated for the exercise of UJ, and whether this practice is consistent (unity or again rather diverse (fragmentation. It might also be interesting to see whether States have different conditions for UJ over core crimes than

Intercultural pragmatics and court interpreting

DEFF Research Database (Denmark)

Jacobsen, Bente

2008-01-01

  This paper reports on an on-going investigation of conversational implicature in triadic speech events: Interpreter-mediated questionings in criminal proceedings in Danish district courts. The languages involved are Danish and English, and the mode of interpreting is the consecutive mode. The c...

How do defendants choose their trial court? Evidence for a heuristic processing account

Directory of Open Access Journals (Sweden)

Mandeep K. Dhami

2013-09-01

Full Text Available In jurisdictions with two or more tiers of criminal courts, some defendants can choose the type of trial court to be tried in. This may involve a trade-off between the probability of acquittal/conviction and the estimated severity of sentence if convicted. For instance, in England and Wales, the lower courts have a higher conviction rate but limited sentencing powers, whereas the higher courts have a higher acquittal rate but greater sentencing powers. We examined 255 offenders' choice of trial court type using a hypothetical scenario where innocence and guilt was manipulated. Participants' choices were better predicted by a lexicographic than utility maximization model. A greater proportion of ``guilty'' participants chose the lower court compared to their ``innocent'' counterparts, and estimated sentence length was more important to the former than latter group. The present findings provide further support for heuristic decision-making in the criminal justice domain, and have implications for legal policy-making.

Assessing the criminal capacity of children: a challenge to the capacity of mental health professionals.

Science.gov (United States)

Pillay, Anthony L; Willows, Clive

2015-01-01

With increasing numbers of juveniles accused of serious crimes international concern is growing around the procedural consequences for affected individuals within the context of the law and criminal justice. Issues of culpability in children and adolescents are often raised, with much deliberation and insufficient agreement among legal and child development experts. Exactly when and to what extent juveniles can be held responsible for their action is a matter requiring careful consideration to avoid substantial erring in either direction. Although some international guiding standards and principles have been established, these are rather broad and unable to provide specific prescriptions. In addition, the assessment of criminal capacity in juveniles is a complex task, and one that is not wholly without reliability and validity problems. As in the case of South Africa and a few other countries, mental health specialists are often tasked with conducting developmental assessments to provide courts with expert evidence regarding criminal capacity. This paper examines the concept of criminal capacity in the context of the theory, controversies and challenges that affect this area of psychological focus.

The International Criminal Court: Why We Need It, How We Got It, Our Concern About It

National Research Council Canada - National Science Library

MacCuish, Donald A; Hater, David A; Dubriske, Steven D; Ruby, Tomislav

2005-01-01

... extreme. The problem with judicial proceedings is that they can have a hint of victor's justice, especially if the jurisdiction, legitimacy, and authority of the court are not established in advance...

Legal Nature of Criminal Proceedings Regarding the Length of the Appeal

Directory of Open Access Journals (Sweden)

Constantin Tanase

2016-05-01

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

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

NARCIS (Netherlands)

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

2013-01-01

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

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

URGENSI DAN PENGATURAN UU TENTANG CONTEMPT OF COURT UNTUK MENJAMIN HARKAT, MARTABAT DAN WIBAWA PERADILAN

Directory of Open Access Journals (Sweden)

Aditya Wisnu Mulyadi

2015-07-01

Full Text Available The phenomenon of the Contempt of Court is an event that is rife in Indonesia lately. It is considered to reduce the dignity, majesty and authority of the judiciary and its apparatus. Particularly the dignity and authority of the judge. Attitudes and actions displayed by the search for justice, legal practitioners, the press, political and social organizations, NGOs, academics, judicial commission, as well as various other parties in such a way can be categorized injure the dignity, majesty and authority of the judiciary, good attitude and actions directed against the judicial process, judicial officials, as well as court decisions. Lack of strict legal instruments and adequate to serve as guidelines and benchmarks to judge such a phenomenon is made Contempt of Court always the case. View of the judge is an arm of God would have been contrary to Contempt of Court. The judge in charge of prosecuting and providing justice for justice seekers should not accept the bad treatments. This study is based on normative research method using statutory approach and conceptual approaches. Legislation that used is Law No. 4 of 1985 on the Supreme Court, Code of criminal law, the law book of the law of criminal procedure, the draft book of the Criminal Justice Act 2012 and draft the Code of Criminal Procedure 2012. This research is expected to contribute significantly for the creation benchmarks and appropriate guidelines in terms of the establishment of regulations and legislation on Contempt of Court Act

Whales, science, and scientific whaling in the International Court of Justice.

Science.gov (United States)

Mangel, Marc

2016-12-20

I provide a brief review of the origins of the International Convention on the Regulation of Whaling and the failure to successfully regulate whaling that led to the commercial moratorium in 1986. I then describe the Japanese Whale Research Programs Under Special Permit in the Antarctica (JARPA I, JARPA II) and the origins of the case Whaling in the Antarctic (Australia v. Japan: New Zealand Intervening) in the International Court of Justice. I explain that the International Court of Justice chose to conduct an objective review of JARPA II, the standard that it used for the review, and the pathway that it took to adjudicate the case without providing a definition of science to be used in international law. I conclude with a brief discussion of the implications of the Judgment for the International Convention on the Regulation of Whaling, and the International Whaling Commission in particular, for other international treaties, and for the interaction of science and law more generally.

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 ...

The Permanent Court of International Justice and the International Rights of Groups and Individuals

NARCIS (Netherlands)

Brölmann, C.

2012-01-01

The Permanent Court of International Justice was established in a period in which the position of the State as the natural form of political organization had come under pressure, among others, in academic-legal circles. It was also the period in which international-legal concern for groups within

Criminal Homicide Because of Blood Feud

OpenAIRE

Leyla Cak›c› Gercek; Jale Bafra

2005-01-01

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

Alternatives to criminal procedure against juvenile and young adult offenders and alternative to criminal procedure in the cases of domestic violence

Directory of Open Access Journals (Sweden)

Cvjetko Božica

2006-01-01

Full Text Available In the paper, the author is analyzing the Act on juvenile courts of the Republic of Croatia, which foresees a broad possibility of implementing the principle of opportunity in the pre-trial, i.e. reinvestigation phase of the procedure in terms of the decision of the public prosecutor about the criminal charge against these persons, including the implementation of particular obligations as informal sanctions. Particular attention is paid to the special obligation called off-court agreement. The aim of the off-court agreement is “reconciliation between the juvenile or young adult offender and the victim of the crime, and establishment of the social peace”. Similar project and the implementation of the principle of opportunity is used in the cases of the criminal offence of domestic violence. The main aim of these obligations is to offer professional assistance to the families which are in crisis and have difficulties related to the violent behavior of one family member - mostly the father. Such an approach is more efficient than the long lasting criminal procedure, testifying and strengthening the crisis in the family. This paper gives also an insight into the legal provisions concerning this measure and its implementation in practice.

Swan Song for the Burger Court.

Science.gov (United States)

Hayman, Robert L., Jr.; Ramarui, Cornelis O.

1986-01-01

Reviews a collection of decisions rendered by the Burger Court during its waning months. The decisions involve (1) criminal procedures, (2) racial bias in jury selection, (3) search and seizure, and (4) the exclusion of jurors who have reservations about the death penalty. (JDH)

The Role of International Criminal Tribunals in Shaping the Historical Accounts of Genocide

DEFF Research Database (Denmark)

Aksenova, Marina

2017-01-01

An international consensus on the need to prosecute and punish mass atrocities is arguably the strongest evidence of the existence of the global collective consciousness. The Nuremberg Tribunal challenged traditional world order centering on states and their intentions and overlooking abuses...... domestic criminal law process. It was rather a way of expressing international outrage with Germany’s aggression through judicial means. Ever since this historic shift occurred, the field of international criminal law has been increasingly vested with the mounting number of objectives – deterrence...

Research for South Korea international Arbitration Court for resolving, in case commercial dispute between Russian and Korean companies

OpenAIRE

Kang, Taewook

2012-01-01

In the article – the introduction of South Korea Commercial Arbitration System (for ADR) and International Arbitration Court. When a dispute ari­ses between Russian and Korean companies, for resolving, can be selected the International Arbitration Court of Russia, Korea, or other countries. Therefore, here enumerated about the International Arbitration Court of the Republic of Korea.

Original jurisdiction of the Superior Administrative Court for litigation on licensing of large-scale commercial plants

International Nuclear Information System (INIS)

Ule, C.H.

1983-01-01

Proceeding from the suggestion of the Bundesrat (Deutscher Bundestag, Document 9/1851) concerning the draft of Rules of the Administrative Courts (VwGO), according to which original jurisdiction of the Higher Administrative Court (OVG) is to be introducing legel actions concerning the licensing of large scale installations in the field of energy, the author points out the now existing regulations and former ones in administrative jurisdiction and criminal jurisdiction by which legal protection is limited to a court of first instance which is competent for fact-finding (e.g. sec. 138 Para. 1 Act of compulsory consolidation of the boundaries of land (FlurbG), sec. 47 Rules of the Administrative Courts (VwGO), sections 24 Para. 1 No. 3, 74 Para. 1 p. 2 Judicature Act (GVG). He tries to transfer the idea of accelerating legal procedure from the model of the Criminal Court in criminal jurisdiction to administrative jurisdiction. Finally, the author examines the question whether cutting down the length of proceedings is really necessary, or if the same result could be reached by making an appeal subject to special admission. (HP) [de

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

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

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

Victimological aspects of court judgments

Directory of Open Access Journals (Sweden)

Bačanović Oliver

2012-01-01

Full Text Available The subject of this paper is the review of the results of the research: „Analysis of judgments form the victimological aspect“ of the Basic court Skopje I in Skopje. It is the first research of it’s kind in the Republic of Macedonia, conducted by the project team of the Faculty of Security in Skopje in the period from January to April 2011. By using the content analysis (for this purpose a special instrument was developed 172 irrevocable court judgment brought in the period 2005-2010 were analyzed, for the following criminal offences: murder, crimes against sexual freedom and sexual morality (sexual assault, severe bodily injuries and insult. The aim of the research was to highlight the victimological dimensions of mentioned criminal offences, while special attention was paid to the role of a victim in a crime, victim‘ s interaction with the perpetrator, individual characteristics of the victim, as well as the characteristics of the time when and the space where the crime occurred.

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.

The doctrine of joint criminal action in the ad hoc tribunals and its scope in the Rome Statute

Directory of Open Access Journals (Sweden)

Miren Odriozola-Gurrutxaga

2014-03-01

Full Text Available The first judgment of the International Criminal Court has confirmed that article 25 (3 of the Rome Statute adopts the theory of control of the act to distinguish between principals and accessories. On the contrary, since 2003, the ad hoc tribunals’ case law bases the notion of co-perpetration on the Joint Criminal Enterprise doctrine, using a subjective criterion approach. In this article we will first analyze the problems raised by that case law of the ad hoc tribunals, and then, we will study the article of the Rome Statute which apparently most resembles the Joint Criminal Enterprise doctrine: article 25 (3 (d. The article concludes that none of the three categories of that doctrine is included in the said provision.

"Symptoms of something all around us": Mental health, Inuit culture, and criminal justice in Arctic communities in Nunavut, Canada.

Science.gov (United States)

Ferrazzi, Priscilla; Krupa, Terry

2016-09-01

Rehabilitation-oriented criminal court mental health initiatives to reduce the number of people with mental illness caught in the criminal justice system exist in many North American cities and elsewhere but not in the mainly Inuit Canadian Arctic territory of Nunavut. This study explores whether the therapeutic aims of these resource-intensive, mainly urban initiatives can be achieved in criminal courts in Nunavut's resource constrained, culturally distinct and geographically remote communities. A qualitative multiple-case study in the communities of Iqaluit, Arviat and Qikiqtarjuaq involved 55 semi-structured interviews and three focus groups with participants representing four sectors essential to these initiatives: justice, health, community organizations and community members. These interviews explored whether the therapeutic jurisprudence (TJ) principles that guide criminal court mental health initiatives and the component objectives of these principles could be used to improve the criminal court response to people with mental illness in Nunavut. Interviews revealed 13 themes reflecting perceptions of Inuit culture's influence on the identification of people with mental illness, treatment, and collaboration between the court and others. These themes include cultural differences in defining mental illness, differences in traditional and contemporary treatment models, and the importance of mutual cultural respect. The findings suggest Inuit culture, including its recent history of cultural disruption and change, affects the vulnerability of Nunavut communities to the potential moral and legal pitfalls associated with TJ and criminal court mental health initiatives. These pitfalls include the dominance of biomedical approaches when identifying a target population, the medicalization of behaviour and culture, the risk of "paternalism" in therapeutic interventions, and shortcomings in interdisciplinary collaboration that limit considerations of Inuit culture. The

International Justice through Domestic Courts:

DEFF Research Database (Denmark)

Tang, Yi Shin

2015-01-01

In April 2010, the Brazilian Supreme Federal Court (Supremo Tribunal Federal, or STF) controversially decided to uphold the country’s amnesty law, which currently prevents prosecutions for violations of human rights committed during the military dictatorship. However, the Inter-American Court...

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

Science.gov (United States)

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

2012-01-01

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

The Right to a Fair Trial and International Cooperation in Criminal Matters: Article 6 ECHR and the Recovery of Assets in Grand Corruption Cases

Directory of Open Access Journals (Sweden)

Radha Dawn Ivory

2013-09-01

Full Text Available Are fair trial rights general principles of transnational criminal law (TCL? If so, how do they protect individuals who are affected by transnational proceedings? Posing these questions in the context of international cooperation efforts aimed at ‘asset recovery’, this contribution asks whether State Parties to the European Convention on Human Rights (ECHR are likely to violate the right to a fair trial in Article 6 ECHR when they directly enforce confiscation orders that are issued abroad with respect to the proceeds, objects or instrumentalities of high-value, high-level political corruption offences or substitute assets. The European Court of Human Rights (ECtHR considers that ECHR State Parties might exceptionally violate Article 6 ECHR in cooperative cases if the alleged victim ‘has suffered or risks suffering a flagrant denial of a fair trial in the requesting country’. Surveying its case law, I argue that the ‘flagrant denial of justice’ standard greatly attenuates the right to a fair trial in cases of international cooperation in criminal matters. In practice, the Court appears unwilling to find violations of Article 6 ECHR in such cases when the foreign proceedings do not involve allegations of treatment contrary to Articles 2 or 3 ECHR. This, it is submitted, reflects the difficulty of assessing ‘fairness’ in globalised law enforcement situations, a factor that also complicates efforts to deduce a general principle of a right to a fair trial from ‘justice’ as an objective of TCL. If those principles are formulated inductively and comparatively, the ECtHR’s case law nevertheless goes some way towards showing that a weak transnational fair trial right may be a general principle of TCL within the ‘legal space’ of the ECHR.

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.

Secondary Prevention Services for Clients Who Are Low Risk in Drug Court: A Conceptual Model

Science.gov (United States)

DeMatteo, David S.; Marlowe, Douglas B.; Festinger, David S.

2006-01-01

The drug court model assumes that most drug offenders are addicts, and that drug use fuels other criminal activity. As a result, drug court clients must satisfy an intensive regimen of treatment and supervisory obligations. However, research suggests that roughly one third of drug court clients do not have a clinically significant substance use…

Tax penalties : minor criminal charges?

NARCIS (Netherlands)

Baron, J.; Poelmann, Eric

2017-01-01

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

THE COURT OF JUSTICE OF THE EUROPEAN UNION AND INTERNATIONAL LEGAL ORDER

Directory of Open Access Journals (Sweden)

TETYANA KOMAROVA

2017-01-01

Full Text Available The author discusses the relationship between two legal orders: international law and European Union (EU law. The main provisions of this relationship have been established through the precedential practice of the Court of Justice of the European Union – the EU’s main judicial body. This kind of research seems important because of the gap in the theory of international law caused by the immutable dogma of the supremacy of international law. However, modern legal practice demonstrates a certain fragmentation of the international legal order because of the impact of the existence and development of regional supranational legal orders. The EU legal order, with its own special nature (sui generis, is undoubtedly one of the most developed among them. The Court of Justice of the European Union performs a crucial role in the EU legal system concerning application and interpretation of EU law. It provides a uniform interpretation of this law for the purposes of development of supranational integration. In this context the Court of Justice the European Union establishes the status of European law and its relationship with the national legal systems and international law. The Court acts as protector of the EU legal order against the influence of other legal orders. The Court’s precedential practice reveals EU law’s tendency towards its constitutionalization and the development of its autonomy. The latest practice indicates the Court’s powers to review the EU institutions’ acts in relation to the implementation of UN Security Council resolutions. This proves the Court’s ability to establish indirect control even over UN acts.

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

Science.gov (United States)

Parsons, Jim; Bergin, Tiffany

2010-04-01

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

32 CFR 720.23 - Naval prisoners as witnesses or parties in civilian courts.

Science.gov (United States)

2010-07-01

... assume responsibility for the prisoner while he is in its custody; and (3) that the civilian authority... civilian courts. 720.23 Section 720.23 National Defense Department of Defense (Continued) DEPARTMENT OF THE... civilian courts. (a) Criminal actions. When Federal or State authorities desire the attendance of a naval...

Le Japon et la Cour pénale internationale : enjeux politiques et mémoriels Japan and the International Criminal Court: memory and political issues

Directory of Open Access Journals (Sweden)

Eric Seizelet

2010-07-01

International Criminal Court (ICC. By joining the ICC, the Abe Shinzô Cabinet concretized the long standing determination of the Japanese government to support the creation of a permanent criminal tribunal, to collaborate to the prosecution of individuals responsible for genocides, war crimes, crimes against humanity, crimes of aggression, thus contributing actively to the implementation of humanitarian law. But in spite of this early commitment, the government until recently postponed its effective adhesion, invoking budgetary reasons and the necessity to put the Japanese legal system in accordance with the provisions of the Rome Statute. The purpose of this article is to demonstrate that this delay was also motivated by two other factors : the fear that an early adhesion might stimulate in Japan the claims for reparations from comfort women and victims of forced labor during World War Two and the attitude of the USA which strongly opposed the creation of the ICC. It also stresses the awkward situation the Japanese government had to face : as member of the ICC, it will have to deal with issues such as sexual slavery and forced labor for which the conservative elite showed in the past a quite failing and selective memory. Finally, even if the Japanese participation to the ICC has been praised as a new step fostering the legitimacy of the ICC as an universal judicial body, the ambiguous attitude of the Japanese authorities is likely to weaken the impact of Tokyo adhesion to the Rome Statute on other Asian great powers such as China, India, Indonesia and Pakistan, anxious to protect their own sovereignty against any infringement from the Court.

What difference do brain images make in US criminal trials?

Science.gov (United States)

Hardcastle, Valerie Gray; Lamb, Edward

2018-05-09

One of the early concerns regarding the use of neuroscience data in criminal trials is that even if the brain images are ambiguous or inconclusive, they still might influence a jury in virtue of the fact that they appear easy to understand. By appearing visually simple, even though they are really statistically constructed maps with a host of assumptions built into them, a lay jury or a judge might take brain scans to be more reliable or relevant than they actually are. Should courts exclude brain scans for being more prejudicial than probative? Herein, we rehearse a brief history of brain scans admitted into criminal trials in the United States, then describe the results of a recent analysis of appellate court decisions that referenced 1 or more brain scans in the judicial decision. In particular, we aim to explain how courts use neuroscience imaging data: Do they interpret the data correctly? Does it seem that scans play an oversized role in judicial decision-making? And have they changed how criminal defendants are judged? It is our hope that in answering these questions, clinicians and defence attorneys will be able to make better informed decisions regarding about how to manage those incarcerated. © 2018 John Wiley & Sons, Ltd.

California drug courts: outcomes, costs and promising practices: an overview of Phase II in a statewide study.

Science.gov (United States)

Carey, Shannon M; Finigan, Michael; Crumpton, Dave; Waller, Mark

2006-11-01

The rapid expansion of drug courts in California and the state's uncertain fiscal climate highlighted the need for definitive cost information on drug court programs. This study focused on creating a research design that can be utilized for statewide and national cost-assessment of drug courts by conducting in-depth case studies of the costs and benefits in nine adult drug courts in California. A Transactional Institutional Costs Analysis (TICA) approach was used, allowing researchers to calculate costs based on every individual's transactions within the drug court or the traditional criminal justice system. This methodology also allows the calculation of costs and benefits by agency (e.g., Public Defender's office, court, District Attorney). Results in the nine sites showed that the majority of agencies save money in processing an offender though drug court. Overall, for these nine study sites, participation in drug court saved the state over 9 million dollars in criminal justice and treatment costs due to lower recidivism in drug court participants. Based on the lessons learned in Phases I and II, Phase III of this study focuses on the creation of a web-based drug court cost self-evaluation tool (DC-CSET) that drug courts can use to determine their own costs and benefits.

32 CFR 516.11 - Service of criminal process outside the United States.

Science.gov (United States)

2010-07-01

... 32 National Defense 3 2010-07-01 2010-07-01 true Service of criminal process outside the United... AID OF CIVIL AUTHORITIES AND PUBLIC RELATIONS LITIGATION Service of Process § 516.11 Service of... status of forces agreements, govern the service of criminal process of foreign courts and the surrender...

Quand la justice pénale internationale s’empare de la réconciliation nationale When international criminal justice captures « national reconciliation »

Directory of Open Access Journals (Sweden)

Sara Liwerant

2009-02-01

Full Text Available Si aujourd’hui les Tribunaux pénaux internationaux pour l’ex-Yougoslavie et pour le Rwanda affirment qu’ils ont pour objectif de favoriser la restauration de la paix, cette mission puise pourtant ses racines dans une réglementation des comportements dans la guerre. Cette généalogie révèle un changement de mission du droit pénal international qui, associant progressivement justice et paix, a conduit récemment à y adjoindre la « réconciliation nationale ». Sans être définie, la « réconciliation nationale » va s’introduire dans le vocable des juges internationaux. Ainsi, lors de la détermination de la peine, les juges vont considérer que les efforts de l’accusé en faveur de la réconciliation nationale est un élément susceptible de réduire la peine au titre des circonstances atténuantes. A partir d’une analyse de l’ensemble des décisions des deux Tribunaux pénaux internationaux, cet article analyse sens et enjeux de l’appropriation de la « réconciliation nationale » par la justice pénale internationale saisie par des impératifs collectifs.Although the international criminal courts for the Former Yugoslavia and for Rwanda claim that their goal is to contribute to the restoration and the maintenance of peace, their mission originates in the laws of war. This genealogy reveals a shift in international criminal law’s missions. Combining « justice » and « peace », the international judges have added the notion of « national reconciliation » to their vocabulary without defining it. Thus to give a « fair sentence » judges are willing to consider the defendant’s efforts in favor of national reconciliation among the elements that they take into account as mitigating factors. Analyzing the judgments of the international criminal tribunal for the former Yugoslavia and for the Rwanda, this article explores what is at stake when international criminal justice is faced with social

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

National Research Council Canada - National Science Library

Reardon, Warren A

1997-01-01

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

Specifics of the Court of Arbitration in sport as an international arbitration body

Directory of Open Access Journals (Sweden)

Galantić Miloš B.

2015-01-01

Full Text Available The Court of arbitration in sport represents an arbitral body whose task is to resolve the most significant disputes in the international community, within the autonomy of sport. With its adaptation to the contemporary system of sovereign states, by applying the classical principles of arbitration, with some degree of correction due to the specificity of sport, as well as the application of appropriate norms of international public law, achieved a situation that arbitration decisions of the Court are final. Despite its importance in the international community, domestic legal theory does not pay adequate attention to the above phenomenon. The task of this paper is to draw attention of the wider legal population to the existence of the Court of Arbitration in Sport, as well as pointing out the specifics of the Court of Arbitration in Sport to those skilled in classic commercial arbitration. Smaller or greater variations from the classical principles of commercial arbitration are conditioned by the specificity of social relations in sport. The focus of the analysis is placed primarily on issues of the legal fiction of arbitral tribunal seat, mandatory clause of acceptance of jurisdiction, the existence of the closed list of arbitrators and the lack of choice of arbitrators in the case of Ad hoc divisions, prohibition of addressing to the ordinary courts to establish a temporary measures and exclusive jurisdiction of CAS in a given matter, the publication of arbitral awards and 24-hour deadline for the application of the prescribed procedures and decision-making in the case of Ad hoc divisions.

Law, justice and a potential security gap: the 'organization' requirement in international humanitarian law and international criminal law

NARCIS (Netherlands)

Bartels, R.; Fortin, K.

2016-01-01

This article explores the ‘organizational’ or ‘organization’ criterion for both non-international armed conflict under international humanitarian law (IHL) and crimes against humanity under international criminal law (ICL) and considers how it affects the ability to address armed violence carried

Controversy over Issue Preclusion in Russia’s Criminal Procedure: Can Common Law Offer a Solution?

Directory of Open Access Journals (Sweden)

Yury Rovnov

2015-01-01

Full Text Available Even though Russia’s new Code of Criminal Procedure of 2001 had from the very beginning contained the article titled ‘Preclusive Effects,’ it was not until a decision by the Constitutional Court of 2008 that the doctrine of issue preclusion was, in its proper sense, reinstated in Russian criminal law, barring facts definitively established in a civil trial from relitigation in criminal proceedings. Despite heavy criticism that came down on the Constitutional Court for what was seen by law enforcement agents as unwarranted judicial activism, the Russian Parliament soon amended the article in line with the interpretation offered by the Court. This, however, did not end the controversy as critics raised a valid point: an automatic transfer of facts from civil proceedings with a priori more lenient requirements of proof is likely to distort outcomes, harming defendants, the prosecution, and, ultimately, societal interests. This article will turn for apotential solution to common law, which has been able to avoid this problem by clearly distinguishing between different standards of proof applicable in civil v. criminal litigations. It will be shown, using the United States as an example, how courts can effectively use issue preclusion to pursue a number of legitimate objectives, such as consistency of judgments and judicial economy, with due account for the interests of parties in proceedings. At the same time, issue preclusion appears an inappropriate and ineffective means to combat arbitrariness of the judiciary – the end which Russia’s Constitutional Court and law makers arguably had in mind when introducing the doctrine into Russian law.

WOMEN, CRIME AND THE SECULAR COURT IN EIGHTEENTH CENTURY CLUJ

Directory of Open Access Journals (Sweden)

Andrea Fehér

2015-12-01

Full Text Available The purpose of this presentation is to address the issue of female criminality in early modern Cluj, and to analyze women’s position before the law. Our investigation is based on the records of the secular Court from the town Cluj, where we have identified more than 250 cases of women accused of fornication, adultery, witchcraft, infanticide, theft and drunkenness, poisoning, swearing and slander. There were a significant number of female convictions during the century, from which most ended with light sentences, such as banishment, corporal punishments, stigmatizations with hot iron, mutilations and only occasionally death. We would like to analyze in detail the types of crime and their punishments presenting the legal background, the jurisdiction and the habitual practices of the Court. We would also like to underline the importance of the narrative strategies used in these inquisitorial trials, since our documents reveal female criminality from a male perspective, as in these times men ran the legal system, consequently the Court records, in our reading contain moral, legal and sexual elements of a male discourse on female crime.

25 CFR 11.410 - Criminal mischief.

Science.gov (United States)

2010-04-01

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

Autism Spectrum Disorder: Forensic Issues and Challenges for Mental Health Professionals and Courts

Science.gov (United States)

Freckelton, Ian

2013-01-01

Autism spectrum disorder (ASD), as defined in DSM-V, can be relevant in a variety of ways to decision-making by courts and tribunals. This includes the family, disciplinary, discrimination and criminal law contexts. By reviewing decisions made by superior courts in a number of common law jurisdictions, this article identifies a pivotal role for…

Academics for International Criminal Justice: The Role of Legal Scholars in Creating and Sustaining a New Legal Field

DEFF Research Database (Denmark)

Christensen, Mikkel Jarle

The article is a sociological investigation into the crucial role of legal academics in the professional mobilization that characterized the creation and development of international criminal justice. Analyzing the different stages in the evolution of international criminal law culminating...

Reflections of Civil and Criminal Liability in Obstetrical Violence Cases

Directory of Open Access Journals (Sweden)

Roberto Carvalho Veloso

2016-10-01

Full Text Available Obstetric violence is characterized by the imposition of interventions harmful to the physical and psychological integrity of pregnant women, perpetrated by health professionals and institutions (public and private in which such women are assisted. This paper aims to discuss the civil and criminal liability in cases of obstetric violence, from the judgments of the Supreme Court (STF, Superior Court of Justice (STJ and the Courts of Justice (TJs of the Rio Grande do Sul State and Minas Gerais, in order to identify the nature of the punishment and characterization of obstetric violence.

The res judicata rule in jurisdictional decisions of the international Court of justice

Directory of Open Access Journals (Sweden)

Kreća Milenko

2014-01-01

Full Text Available The author discusses the effects of the res judicata rule as regards jurisdictional decisions of the International Court of Justice. He finds that there exists a special position of a judgment on preliminary objection in respect to both aspects of the res judicata rule - its binding force and finality. A perception of distinct relativity of a jurisdictional decision of the Court, expressing its interlocatory character pervades, in his opinion, the body of law regulating the Court's activity. Preliminary objections as such do not exhaust objections to the jurisdiction of the Court, as evidenced by non-preliminary objections to the jurisdiction of the Court giving rise to the application of the principle compétence de la compétence understood in the narrow sense. With regard to the binding force of a judgment on preliminary objections, it does not create legal obligations stricto sensu. The author finds that the relative character of jurisdictional decisions of the Court as compared with a judgment on the merits is justified on a number of grounds.

Issues of Exercising the Right to Defence amid the Explanations of the Plenum of the Supreme Court of the Russian Federation

Directory of Open Access Journals (Sweden)

Oksana A. Voltornist

2016-04-01

Full Text Available The article analyzes the explanations of the Plenum of the Supreme Court No. 29 dated June 30, 2015 “On application of laws by the courts ensuring the right to defense in criminal proceedings”. The author details the applied aspects of certain provisions of the aforementioned document within the criminal procedure legislation and estimates their significance for the judicial and investigative practice

Past and Future for Management of Courts

Directory of Open Access Journals (Sweden)

Bert Maan

2009-08-01

Full Text Available This article is written from the perspective of a court president in The Netherlands, a so called civil law country. In theory, in a civil law country, judges and lawyers in civil and commercial cases base their actions on the application of the law and its interpretation. Moreover, in criminal matters, the courts use inquisitorial procedures which differ from the adversarial procedures used in common law countries. The field of court management is not highly developed because of the tension between the need for judicial independence and judicial organization. There are many examples of this tension, including the fact that courts may be subject to budgetary limits which themselves may intrude upon judicial independence. For instance, suppose that a judge believes it necessary to appoint an expert to answer a certain scientific question, but the expert is expensive and budgetary considerations preclude the appointment. When I was involved in the process of the budgets of prosecutors’ offices and courts, this question frequently arose. In an effort to deal with this problem, part of the courts’ budgets were treated as open-ended even though courts rarely spent these open-ended budgets lavishly.

Damaška and the faces of international criminal justice

NARCIS (Netherlands)

Swart, B.

2008-01-01

Mirjan Damaška 's scholarly publications provide important insights for the analysis of systems of criminal justice at the international level. This is particularly true for his major book: The Faces of Justice and State Authority - A Comparative Approach to the Legal Process. The book develops

Applying the Case Management CourTools: Finding from an Urban Trial Court

Directory of Open Access Journals (Sweden)

Collins E. Ijoma

2012-06-01

Full Text Available The National Center for State Courts (NCSC recently promulgated 10 trial court performance measures, referred to as CourTools. Measures 2, 3, 4, and 5 provide a methodology by which court managers can examine their management and processing of cases. The measures include clearance rate (measure 2, time to disposition (measure 3, age of active pending caseload (measure 4, and trial date certainty (measure 5. The objective of this research was threefold. The first aim was to assess the viability of using the case management measures to examine case processing trends in a New Jersey (NJ urban trial court. Each measure was reviewed to determine the tool’s applicability to the criminal division of the court. The second objective (pursued as a parallel to the first was to present the findings in the same context as the CourTools’ framework to determine its practicality. The final goal was to serve as a platform for other courts on the national and international level that do not yet use performance measures. These courts, diverse as they are, may use the methodologies and findings of this case study as a reference and guide to develop their own program to measure the court’s productivity and efficiency. To that end, this case study sought to answer the following questions in determining the applicability of the CourTools to the selected court and by extension, its potential for more universal application to other court systems. First, what is the relevance of measurements to the courts and why is it important, if at all? Second, what are the CourTools? Third, can the measurement model be applied to an actual court and if so, how is it executed and illustrated in practice? Finally, what are the implications of the findings for the court in question, as well as, other courts that seek to incorporate the CourTools to measure performance?

The right to appeal under the constitution of Albania and court jurisdiction

Directory of Open Access Journals (Sweden)

Donika Plakolli

2017-03-01

Full Text Available The right to appeal is both a fundamental human right and a procedural tool, whereby parties exercise examination of the lawfulness of court rulings, etc. The constitution of the Republic of Albania, 1 approved in 1998, expressly provides for and guarantees the right to file an appeal. Unlike other rights, this fundamental right was not restricted, being in accordance with Article 17 of the Constitution, except for cases otherwise provided in the Constitution. In accordance with this constitutional right and guarantee, all codes of administrative procedures, civil and criminal procedure, provided for and widely guaranteed the exercise of the right to file an appeal. This absence of restriction of the right to fi le an appeal brought about an overload of court cases and trial delays, thus making the completion of the adjudication within a reasonable deadline uncertain. As a result, there rose the necessity to limit this right in the Constitution of the Republic of Albania. The amendments to the Constitution by Law no. 76/2016 also limited the right to fi le an appeal under Article 17 of the Constitution. However, these amendments were not complete, as they did not entail the exercise of the right to file an appeal against decisions of administrative authorities. The jurisdiction of the Constitutional Court of Albania is a guarantee of the right to appeal/effective access in the civil and administrative process, although slightly controversial in the criminal process. However, positive developments regarding the guarantee of effective access to the court have recently occurred. Even in the broad jurisdiction of the European Court of Human Rights, when cases from Albania have been adjudicated, violations of the right to effective appeal have been observed in the criminal process.

(Environmental) Panel measures in European law. Importance of the judgement Rs C-176/03 of the European Court, comission/council; (Umwelt-)Strafrechtliche Massnahmen im Europarecht. Bedeutung des EuGH-Urteils Rs C-176/03, Kommission/Rat

Energy Technology Data Exchange (ETDEWEB)

Foerster, M.

2007-07-01

The problem of international criminality strengthened by the progressive European integration. In particular, this is applied to the environmental criminality, since damages of the environment are not bound to the borders of individual states. Due to the appearing liberty rights, defaults on European level were introduced, whose conversion and penetration ensure effective further effective protection of the right property for the environment. The European Commission raised a complaint against the conversion of the skeleton resolution because of the interference of the union-legal measure into community-legal authority. The Court of Justice of the European Community explained this skeleton resolution as authority adverse. The European Court of Justice assumes community-legal authority authorizes in principle to supranational criminal measures. The practical conditions for it are put out in the contribution under consideration. Finally, the new guideline suggestion KOM(2007) 521 is based on these conditions.

Corporal punishment in light of the criminal policies of the religious state

Directory of Open Access Journals (Sweden)

Mohammad Mahdi AnjomShoae

2011-07-01

Full Text Available In the Islamic Republic of Iran in which a Muslim jurist has absolute authority over all its pillars and affairs, the supreme leader’s views play an important role both directly in determining the criminal policy for confronting and preventing behavioral and moral corruptions (as a part of general policies of system, and indirectly in passing and approving laws in accordance and agreement with the standards of Islamic Shariah. Disciplining and punishing children as a part of criminal policy in the jurisprudential teachings of Islam are recognized as a right for parents and the approved laws also confirm this. However, restrictions such as observing the limits of custom and expediency are the requirements for exercising this right that has a great influence on adjusting it and protecting children. Disciplining child offenders by the courts and juvenile centers is one of the mechanisms that govern the criminal policy to confront the abnormal behavior of children and in fact replace corporal punishment and rough behavior which result in normal controlled reactions. In the international view, adoption of CRC (Convention on the Rights of Child by the Islamic Republic of Iran with reservations can raise some misconceptions regarding the contradiction between domestic law and religious opinions on the matter with international law and may cast doubt on its international commitments. In addition to describing the legal status of corporal punishment of children, this study will reveal the position of the legal system of the Islamic Republic of Iran towards this important international document more than before.

Standard Rape Cases in the Criminal Justice System in Campinas, São Paulo

Directory of Open Access Journals (Sweden)

Joana Domingues Vargas

2008-01-01

Full Text Available This study presents a longitudinal analysis of the records found in the Women’s Defense Division of the Public Ministry and in the Criminal Courts of the municipality of Campinas, São Paulo State. The study identified both the characteristics of rape (the accused, victims and relations between them, as well as the processes of selection and filtering to which they are submit during their processing. The results found for Campinas reflect rape complaints found in international studies, which indicate that rape is a heterogeneous category, although the aggressors are invariably men and the victims young. On the other hand, when the criminal selection process is analyzed, a filtering of typologies is noticed, found in the complaint phase in three standards for the crime of rape: intrafamiliar, committed by an unknown aggressor and among youth who know each other.

USA SUPREME COURT OF JUSTICE AND EUROPEAN COURT OF JUSTICE (COMPARISON

Directory of Open Access Journals (Sweden)

Ovidiu-Horia Maican

2017-12-01

Full Text Available The US Supreme Court and the European Court of Justice are coordinating constitutional review. Although the European Union does not have a constitution, the European Court often engages in what functionally amounts to constitutional review, particularly in relation to the quasi-federal structure of the EU. Both courts have engaged in the constitutionalization of politics and seem in risk of politicizing the constitution. The threats to their respective powers and legitimacy are different. The US Supreme Court is vulnerable to internal forces (the President, Congress, national public opinion whereas the European Court is vulnerable to external forces (the member states and, in particular, theirs constitutional courts.

European Court of Human Rights : Milisavljević v. Serbia

OpenAIRE

Voorhoof, Dirk

2017-01-01

The European Court of Human Rights has recently found that the Republic of Serbia has acted in breach of the right to freedom of expression by convicting a journalist for insult of a well-known human rights activist. The ECtHR emphasises that criminal prosecution for insult of public figures is likely to deter journalists from contributing to the public discussion of issues affecting the life of the community. More than 10 years after the journalist lodged an application with the Court, the E...

Forensic geoscience: applications of geology, geomorphology and geophysics to criminal investigations

Science.gov (United States)

Ruffell, Alastair; McKinley, Jennifer

2005-03-01

One hundred years ago Georg Popp became the first scientist to present in court a case where the geological makeup of soils was used to secure a criminal conviction. Subsequently there have been significant advances in the theory and practice of forensic geoscience: many of them subsequent to the seminal publication of "Forensic Geology" by Murray and Tedrow [Murray, R., Tedrow, J.C.F. 1975 (republished 1986). Forensic Geology: Earth Sciences and Criminal Investigation. Rutgers University Press, New York, 240 pp.]. Our review places historical development in the modern context of how the allied disciplines of geology (mineralogy, sedimentology, microscopy), geophysics, soil science, microbiology, anthropology and geomorphology have been used as tool to aid forensic (domestic, serious, terrorist and international) crime investigations. The latter half of this paper uses the concept of scales of investigation, from large-scale landforms through to microscopic particles as a method of categorising the large number of geoscience applications to criminal investigation. Forensic geoscience has traditionally used established non-forensic techniques: 100 years after Popp's seminal work, research into forensic geoscience is beginning to lead, as opposed to follow other scientific disciplines.

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

Science.gov (United States)

Chu, Sandra Ka Hon

2011-04-01

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

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

Directory of Open Access Journals (Sweden)

Fadeev P.V.

2014-12-01

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

Presumption of lawful acquirement of property and confiscation of unlawfully acquired property in the case-law of the Romanian Constitutional Court. The reference constitutional framework for regulating of the extended confiscation

Directory of Open Access Journals (Sweden)

Marieta SAFTA

2012-06-01

Full Text Available This study examines - from a dual perspective - historical and teleological, the constitutional provisions that enshrine the presumption of lawful acquirement of assets, including the development and interpretation thereof in the case-law of the Constitutional Court, in order to create a framework for analysis of Law no. 63/2012 amending and supplementing the Criminal Code and Law no. 286/2009 on the Criminal Code, a law that establishes the measure of extended confiscation, expression of international regulatory concerns in this area.

Cultural considerations in the criminal law: the sentencing process.

Science.gov (United States)

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

2005-01-01

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

Developing Scots criminal law: a shift in responsibility?

OpenAIRE

Chalmers, James

2017-01-01

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

European human rights, criminal surveillance, and intelligence surveillance : Towards “good enough” oversight, preferably but not necessarily by judges

NARCIS (Netherlands)

Malgieri, G.; de Hert, Paul; Gray, David C.; Henderson, Stephen

2017-01-01

The two European Courts (the European Court of Human Rights, ECtHR and, to a lesser degree, the European Union Court of Justice, EUCJ) have contributed greatly to the development of a legal framework for surveillance by either law enforcement agencies in the criminal law area or by secret services.

The heritage of the Nuremberg tribunal

Directory of Open Access Journals (Sweden)

Jovašević Dragan

2015-01-01

Full Text Available As a system of legal rules contained in the documents of the international community and in the national (internal criminal legislation, the International Criminal Law envisages the criminal liability and punishment for a vast number of international crimes. These criminal acts imply a violation of laws of war and customs of warfare (the International Humanitarian Law as well as the acts of disturbing or endangering peace among nations and the security of mankind. The contemporary International Criminal Law envisages the most severe forms of punishment and penal measures for these criminal offences. The perpetrators of these crimes are, in certain cases, subject to the primary jurisdiction of one of international criminal court (supranational authorities, such as the International Military Tribunal at Nuremberg. In this paper, the author analyzes the importance of the Nuremberg court for the development of international criminal law, including the notion and characteristics of international crimes and the principles of criminal liability.

The International Criminal Court: Time to Adjust American Foreign Policy

Science.gov (United States)

2009-05-26

million Cambodians , this slaughter, to some, is not genocide because it was based on politically- divided groups and not based on reasons due to...the Crime of Genocide , essentially establishing the international crime of genocide . The Convention dictated that genocide must be tried by the State in... genocide , and crimes against humanity.29 On 1 July 2003, the Bush Administration invoked one of the provisions of the ASPA and terminated military assistance

To What Extent Should the Criminal Justice System Be a "System"?

Science.gov (United States)

Forst, Martin L.

1977-01-01

This article examines recent criticism of the current criminal justice system which characterizes it as a "nonsystem" because its three main components--law enforcement, courts, and correction--are often poorly managed and inefficient. (Author)

Law, Justice and a Potential Security Gap: The ‘Organization’ Requirement in International Humanitarian Law and International Criminal Law

NARCIS (Netherlands)

Fortin, K.M.A.; Bartels, Rogier

2016-01-01

This article explores the ‘organizational’ or ‘organization’ criterion for both noninternational armed conflict under international humanitarian law (IHL) and crimes against humanity under international criminal law (ICL) and considers how it affects the ability to address armed violence carried out

Explaining the judicial independence of international courts: a comparative analysis

DEFF Research Database (Denmark)

Beach, Derek

What factors allow some international courts (ICs) to rule against the express preferences of powerful member states, whereas others routinely defer to governments? While judicial independence is not the only factor explaining the strength of a given international institution, it is a necessary...... condition. The paper first develops three sets of competing explanatory variables that potentially can explain variations in the judicial independence of ICs. The causal effects of these explanatory variables upon variance in judicial independence are investigated in a comparative analysis of the ACJ, ECJ...

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.

8 CFR 1003.41 - Evidence of criminal conviction.

Science.gov (United States)

2010-01-01

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

The law of international criminal procedure and domestic war crimes trials

NARCIS (Netherlands)

Sluiter, G.

2006-01-01

This article deals with the question of possible effect of the law of international criminal procedure for domestic war crimes trials. With the increasing number of national prosecutions for war crimes this question will gain in relevance. The article starts with an exploration of the origin and

Rulings in Argentinean and Colombian courts decriminalize possession of small amounts of narcotics.

Science.gov (United States)

Cozac, David

2009-12-01

Two recent court decisions in South America have reflected a growing backlash in the region against the so-called, U.S.-led "war on drugs". In Argentina, the Supreme Court of Justice ruled unanimously on 25 August 2009 that the second paragraph of Article 14 of the country's drug control legislation, which punishes the possession of drugs for personal consumption, was unconstitutional. In Colombia, the Supreme Court of Justice ruled on 8 July 2009 that the possession of illegal drugs for personal use was not a criminal offence.

The decision of the International Court of Justice related to preliminary exceptions in the Nicaragua v. Colombia case

Directory of Open Access Journals (Sweden)

Rafael Nieto Navia

2010-05-01

Full Text Available This article is divided into three main parts. The fi rst part presents the precedents in the case relating to delimiting the Caribbean Sea boundary between Nicaragua and Colombia. It analyzes the competence of the International Court of Justice – ICJ (the Court in accordance with Article 36 of the Statute of the Court; consequently, it studies the Declaration of the acceptance of the Competence of the Court presented by Colombia to the Permanent Court of International Justice in 1937 as well as the Bogota Pact of 1948 as to its applicability and breadth as regards the 1928 EsguerraBárcenas Treaty. The second part presents a detailed analysis of the decision of the Court on the preliminary exceptions in which it was determined that the sovereignty of the islands of San Andres, Providencia, and Santa Catalina was Colombian, that the Esguerra-Bárcenas Treaty was not treaty delimiting maritime boundaries and that it (the Court was competent to get to the foundation of the matter. The third part sets out the actions which still must be completed relative to the foundation of the case.

Lawyer of defendant and his role in the criminal process from the viewpoint of the European Convention on Human Rights and the Albanian criminal procedural legislation

Directory of Open Access Journals (Sweden)

Klodjan Skenderaj

2014-01-01

Full Text Available A guarantee for real ensuring of defendant’s rights is the qualified legal assistance by the side of the lawyer, chosen or assigned by the proceeding body. Providing legal protection to defendants was an important achievement in the long and difficult efforts to democratize the criminal proceedings. It was initially achieved in developed countries which promulgated the fundamental rights and freedoms and on this basis the major laws of activity of justice’s bodies were enforced. The role of lawyer in the criminal proceeding gradually increased and became an important factor in the fight against violations of law and injustice. The lawyer became a respected procedural figure, standing in front of prosecution, as the opposing party able to develop a cross-examination and to influence in a fair solution of case. However in practice, it is not rare the violation of rights of defendants by proceeding organs. So, it is right to make this question: What will be done with their rights and how will they be protected? In practice there were different opinions in terms of guaranteeing the rights of these defendants and how far the rights of lawyers of the defendants are extended. This is the reason why this paper will bring in attention the position, procedural guarantees of lawyers, the actions that can take and the exercise of their main rights in defending the interest of defendant, taking into account the main phases of criminal proceedings. Special attention will be devoted to case law of European Court of Human Rights (ECHR in terms of guaranteeing the rights of defendants, the orientations of the Albanian Constitutional Court and that of Supreme Court. At the end, this paper will reach in some conclusions through which proposals and amendments will be made to the code of criminal procedure, starting from the principle that the rights and procedural guarantees of defendants should be guaranteed at the maximum, because it’s the only way to

The Job Market for Justice: Screening and selecting candidates for the International Court of Justice

DEFF Research Database (Denmark)

Creamer, Cosette; Godzimirska, Zuzanna

2017-01-01

Over the past few decades, states have granted greater independence and authority to international courts, yet still retain their ability to control who sits on the bench. This article examines how governments use their power of judicial nomination and appointment in the context of the Internatio......Over the past few decades, states have granted greater independence and authority to international courts, yet still retain their ability to control who sits on the bench. This article examines how governments use their power of judicial nomination and appointment in the context...... of the International Court of Justice (ICJ) and assesses the relative influence of three factors on states’ vote choices for ICJ candidates: the candidates’ probability of (in)sensitivity to political considerations; their qualifications; and the role of inter-state politics. Drawing on a new dataset of candidates...... signaling a probability of insensitivity to political considerations reduce a candidate’s expected vote share. A candidate’s qualifications, on the other hand, do not appear to make a considerable difference in winning more votes. Finally, the amount of support during the nomination stage is highly...

Organising Data Exchange in the Dutch Criminal Justice Chain

Directory of Open Access Journals (Sweden)

Philip LANGBROEK

2009-12-01

Full Text Available Effective exchange of information in the criminal justice chain is crucial for effective law enforcement, but difficult to achieve. This article describes the case of the development and introduction of electronic data exchange in the Dutch Criminal Justice chain. Basic theories on the introduction of IT in justice organizations are tested by means of qualitative empirical research. Case flow management automation is technically feasible in the criminal justice chain but presupposes willingness of different organizations attached to that chain to adapt working processes for that purpose. The Dutch case shows a relative failure of the development and implementation of an integrated case flow management system for the entire chain (from the police via the public prosecutions office and the courts up to the prison service. It also shows a relative success of connecting xml-based data files to different reference indexes using intelligent agent software. Compared to the intended integrated case flow management system this solution for inter-organizational data exchange is much more simple and flexible because it does not demand a far reaching adaptation of internal organizational routines. It avoids the complexities of justice organizations and simplifies tasks related to data exchange. The data therefore are more accurate and are faster available. The most important advantage however is that risks of failure of development and implementation are reduced.

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".

Colour revolutions: criminal-legal aspect

Directory of Open Access Journals (Sweden)

Sergey Alekseyevich Gordeychik

2015-03-01

teaching the ldquoCriminal Lawrdquo course in advanced qualification courses for personnel of lawenforcement bodies and courts. nbsp

THE SAFETY MEASURE OF PROHIBITING TO EXERCISE A PROFESSION, IMPOSED BY THE COURT IN CASE OF MAL PRAXIS, MAY ENVISAGE THE PROFESSION OF DOCTOR IN THE WIDER SENSE (AS A WHOLE OR ONLY THE SPECIALTY THAT OCCASIONED THE COMMITTING OF THE OFFENCE PROVIDED IN THE CRIMINAL LAW

Directory of Open Access Journals (Sweden)

Traian DIMA

2018-05-01

Full Text Available The present paper examines the possibility for the courts of law to order, in case of medical malpractice, the safety measure of prohibiting to exercise the profession of doctor in the wider sense, or only the specialty that occasioned the committing of the offence provided in the criminal law, analyzing the judicial practice regarding this issue. In accordance with Article 450 paragraph (2 of Law no. 95/2006, “disciplinary liability of doctors does not exclude criminal, tort or civil liability”. Between the regulation contained in Article 450 paragraph (2 of Law no. 95/2006 and the safety measure of prohibiting to exercise the profession of doctor, as criminal penalty, there is a close connection, within the meaning that the special law, in particular Law no. 95/2006 derogates from the general criminal law, in particular Article 111 of the Criminal Code in connection with the prohibition of exercising the medical profession. The disciplinary penalties that may be imposed against doctors for mal praxis are listed in Article 455 of Law no. 95/2006. Article 455 letter (e sets out, as disciplinary penalty which may be imposed against doctors “the prohibition to exercise the profession or certain medical activities” for a period ranging between one month and one year. Comparing the provisions of Article 455 letter (e of Law no. 95/2006 with the provisions of Article 111 of the Criminal Code, it may be noticed that the scope of disciplinary accountability of the doctor having committed the civil mal praxis is more comprehensive than the scope of the safety measure imposed by the criminal court.

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

Science.gov (United States)

Mandel, Jerry

1979-01-01

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

28 CFR 522.13 - Relationship between existing civil contempt commitment orders and new criminal sentences imposed...

Science.gov (United States)

2010-07-01

... contempt commitment orders and new criminal sentences imposed under the U.S. or D.C. Code. 522.13 Section..., CLASSIFICATION, AND TRANSFER ADMISSION TO INSTITUTION Civil Contempt of Court Commitments § 522.13 Relationship between existing civil contempt commitment orders and new criminal sentences imposed under the U.S. or D.C...

The Prosecution of Human Traffickers? : A Comparative Analysis of Enslavement Judgments Among International Courts and Tribunals

NARCIS (Netherlands)

Siller, Nicole

2015-01-01

Despite its international construction and codification, the criminal offense of ‘trafficking in persons’ is absent from the statutes of international judicial institutions. Does this result in the inability to hold those who engage in the traffic of human beings accountable under international

Multilingualism as a Principle of the EU Court of Justice

Directory of Open Access Journals (Sweden)

Karina Kh. Rekosh

2014-01-01

Full Text Available Since the jurisprudence reflects relations between the institutions, bodies and organizations of the EU and native speakers, the EU Court of Justice plays a huge role in shaping the legal discourse. Relations between the EU and citizens show the effectiveness of the principle of multilingualism, that is apparent before the Court. The enlargement of the Union to 28 member States and, accordingly, the increase of the number of official languages to 24 complicate the implementation of the principle of multilingualism and create many problems for the EU Court of Justice: legal, linguistic, budget, translation. All documents of the Court are not translated into 24 EU official languages completely and often limited to summaries. All documents are translated only into French and proceeding languages, for the scale of the translation work have a direct impact on the timing of legal proceedings. To provide help in written translations, much work is carried out in the Court on drawing up dictionaries, thesauri, where multilingualism is fully manifested. On the use of languages and language regime, There is an extensive legal practice, however, the term «multilingualism» is not used by the Court, despite the recognition of the principle of equality of all official languages, perhaps, due to the fact that the Court itself not always follows it. The article shows that multilingualism as a legal concept and principle opens up, sometimes adjacent to the already distinguished objects of regulation, new areas of legal research. Comparison of legal solutions to the problems of multilingualism in different states with a variety of languages, law and order, or in international organizations, lays basis of "comparative linguistic law" Now in the doctrine of law of the European Union neither the linguistic law, nor the comparative linguistic law do not exist, but to provide cooperation in the field of justice and mutual recognition of judicial decisions on the

Effects of Juvenile Court Exposure on Crime in Young Adulthood

Science.gov (United States)

Petitclerc, Amelie; Gatti, Uberto; Vitaro, Frank; Tremblay, Richard E.

2013-01-01

Background: The juvenile justice system's interventions are expected to help reduce recidivism. However, previous studies suggest that official processing in juvenile court fails to reduce adolescents' criminal behavior in the following year. Longer term effects have not yet been investigated with a rigorous method. This study used propensity…

The Roles of the Supreme Court of the Republic Indonesia in Enforcement of International Arbitral Awards in Indonesia

Directory of Open Access Journals (Sweden)

Mutiara Hikmah

2013-09-01

Full Text Available Indonesia has been being a member of the 1958 New York Convention since 1981, namely upon issuance of the Presidential Decree No. 34 of 1981. Prior to taking into force of the Regulation of the Supreme Court of the Republic of Indonesia No. 1 of 1990 on Procedures for Enforcement of Foreign Arbitral awards, there were still constraints for the foreign business players in term of enforcement of arbitral awards in Indonesia. The Supreme Court as the highest judicial institution in Indonesia holds that international arbitral awards can not be enforced in Indonesia. After the Indonesian Supreme Court has issued such a regulation, enforcement of international arbitral awards in Indonesia began to be enforceable, because the procedural law that governs the procedures for execution of arbitral awards has been clear. In order to regulate better the international arbitral award problems in the hierarchy of legislation, on October 12, 1999, the Law on Arbitration and Alternative Dispute Resolution was promulgated. In that Law, there is a special part discussing the International Arbitration. This study examines the development of international arbitral award enforcement in Indonesia before Indonesia becoming member of the 1958 New York Convention, until nowadays, by analyzing the international arbitral awards that were decided by the Supreme Court of the Republic of Indonesia after the coming into effect of the Arbitration Law.

Disparities in criminal court referrals to drug treatment and prison for minority men.

Science.gov (United States)

Nicosia, Nancy; Macdonald, John M; Arkes, Jeremy

2013-06-01

We investigated the extent to which racial/ethnic disparities in prison and diversion to drug treatment were explained by current arrest and criminal history characteristics among drug-involved offenders, and whether those disparities decreased after California's Proposition 36, which mandated first- and second-time nonviolent drug offenders drug treatment instead of prison. We analyzed administrative data on approximately 170,000 drug-involved arrests in California between 1995 and 2005. We examined odds ratios from logistic regressions for prison and diversion across racial/ethnic groups before and after Proposition 36. We found significant disparities in prison and diversion for Blacks and Hispanics relative to Whites. These disparities decreased after controlling for current arrest and criminal history characteristics for Blacks. Proposition 36 was also associated with a reduction in disparities, but more so for Hispanics than Blacks. Disparities in prison and diversion to drug treatment among drug-involved offenders affect hundreds of thousands of citizens and might reinforce imbalances in criminal justice and health outcomes. Our study indicated that standardized criminal justice policies that improved access to drug treatment might contribute to alleviating some share of these disparities.

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 Constitution means what the Supreme Court says it means’... But only when I want!” About how (not to work with precedents

Directory of Open Access Journals (Sweden)

Guilherme Gonçalves Alcântara

2017-03-01

Full Text Available A semiotic analysis of the arguments brought to light by the 9th Criminal Chamber of São Paulo’s Court of Appeal when compared to the paradigmatic judgments of the Supreme Court in criminal proceedings harvest, dealing specifically with the presumption of innocence and the individualization of punishment. We used the phenomenological method to bring to São Paulo judicial practice a hermeneutic constraint directed to judicial solipsism.

The Teddy Bear Clinic Constitutional Court case: Sexual conduct ...

African Journals Online (AJOL)

The Constitutional Court in the Teddy Bear Clinic appeal case held that the sections of the Sexual Offences Act that impose criminal liability for sexual offences on adolescent children under 16 years of age are invalid. The invalidity was suspended for 18 months to allow Parliament to correct the Act's defects. A moratorium ...

Judicial individualization of criminal penalties for corruption offenses committed by civil servants and/or dignitaries

Directory of Open Access Journals (Sweden)

Ion TIPA

2017-06-01

Full Text Available This article focuses on the study of judicial personalization of criminal penalties applied for corruption offenses of civil servants and / or dignitaries. At the same time, the following study shows the criteria and rules for the individualization of a criminal punishment, the attenuating and aggravating circumstances that influence the application of criminal penalties, with examples from practice, thus mentioning the errors made by some instances of Lower court judgment in the Republic of Moldova. The study also shows the process of individualization of criminal punishment in the light of exceptional circumstances and the way of calculating sentences and arrest computations.

CONSIDERATIONS ABOUT OVERLAPPING CRIMINAL AND ADMINISTRATIVE LIABILITY FOR THE SAME OFFENSE

Directory of Open Access Journals (Sweden)

MIRELA GORUNESCU

2011-04-01

Full Text Available The ne bis in idem principle is one of the fundamental principles of a criminal trial in a state of law. This paper focuses on the question whether a possible overlapping between criminal and administrative liability for the same offense is or not a violation of this principle. Both the national and the European Court of Human Rights jurisprudence were investigated. By reporting to the European case we concluded that such a situation represents a case of bis in idem.

THE CRIMINAL OFFENCE OF MONEY LAUNDERING – A SERIES OF THEORETICAL AND PRACTICAL CONSIDERATIONS

Directory of Open Access Journals (Sweden)

Constantin NEDELCU

2016-05-01

Full Text Available The paper at hand addresses the extremely complex and sensitive matter relating to one of the most controversial offences in the criminal laws of Romania – in particular, the criminal offence of money laundering. This paper bears both theoretical and practical interest, in that it points out specific instances of court case-law which were given different constructions by various judiciary authorities.

BORDERS OF COMMUNICATION PRIVACY IN SLOVENIAN CRIMINAL PROCEDURE – CONSTITUTIONAL CHALLENGES

Directory of Open Access Journals (Sweden)

Sabina Zgaga

2015-01-01

Full Text Available Due to fast technological development and our constant communication protection of communication privacy in every aspect of our (legal life has become more important than ever before. Regarding protection of privacy in criminal procedure special emphasis should be given to the regulation of privacy in Slovenian Constitution and its interpretation in the case law of the Constitutional Court. This paper presents the definition of privacy and communication privacy in Slovenian constitutional law and exposes the main issues of communication privacy that have been discussed in the case law of the Constitutional Court in the last twenty years. Thereby the paper tries to show the general trend in the case law of Constitutional Court regarding the protection of communication privacy and to expose certain unsolved issues and unanswered challenges. Slovenian constitutional regulation of communication privacy is very protective, considering the broad definition of privacy and the strict conditions for encroachment of communication privacy. The case law of Slovenian Constitutional Court has also shown such trend, with the possible exception of the recent decision on a dynamic IP address. The importance of this decision is however significant, since it could be applicable to all forms of communication via internet, the prevailing form of communication nowadays. Certain challenges still lay ahead, such as the current proposal for the amendment of Criminal Procedure Act-M, which includes the use of IMSI catchers and numerous unanswered issues regarding data retention after the decisive annulment of its partial legal basis by the Constitutional Court.

Mentally disordered non-psychotic criminal offenders--treatment instead of punishment.

Science.gov (United States)

Gottlieb, Peter; Gabrielsen, Gorm; Kørner, Alex; Stølan, Liv Os

2013-12-01

By including §69 into the Danish Penal Code, it has since 1975 been possible to use psychiatric measures as legal sanctions for even non-psychotic offenders-if the measure is believed to be preventive of future crime. To be able to decide on the applicability of treatment measures as sanctions in criminal cases, the court will request a psychiatric report. They may furthermore ask a medical expert consultation board, the Danish Medico-Legal Council, for an opinion on the mental status of the defendant. To describe a sample of offenders falling under §69 and the use of the section in sentencing offenders to treatment instead of punishment. All 298 opinions given by the Medico-Legal Council between April 1, 2005 and December 31, 2007 of defendants definitely or possibly falling under §69 of the Danish Penal Code were rated together with the psychiatric assessment reports and the final verdicts on socio-demographic, health and criminal items, and the data were computerized. The sample was characterized by severe criminality and mental disorder. Forty-six percent (138/298) were sentenced by the court to a psychiatric measure instead of punishment. The results document that §69 of the Danish Penal Code is used as intended by the law.

International Court of Justice on Potential Transboundary Damage and its Consequences in Nuclear Law

International Nuclear Information System (INIS)

Cletienne, M.

2010-01-01

On 4 May 2006, Argentina filed in the International Court of Justice ('ICJ') an application instituting proceedings against Uruguay. Argentina claimed that Uruguay, by authorizing the construction of a pulp mill (the 'CMB mill') and the construction and commissioning of another pulp mill (the 'Orion mill'), breached its obligations under the 1975 Statute of the River Uruguay, a treaty between Argentina and Uruguay, notably the obligation to take all necessary measures for the optimum and rational utilisation of the River Uruguay. On 20 April 2010,1 the court rendered its decision settling this environmental dispute between Argentina and Uruguay. This paper will first summarize the judgement and then consider the main contribution of this decision to international environmental law, e.g. the recognition of an international customary rule to conduct an environmental impact assessment. Finally, the potential consequences of the decision in nuclear law will be addressed in the last part

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.

The Criminalization of Domestic Violence: What Social Workers Need To Know.

Science.gov (United States)

Danis, Fran S.

2003-01-01

This article reviews the social science, legal, and criminal justice literature regarding interventions used to stop domestic violence. Examines the theoretical foundations and effectiveness of police interventions, the use of protective orders, prosecutions and victim advocacy, court responses, and coordinated community responses to domestic…

29 CFR 1980.114 - District Court jurisdiction of discrimination complaints.

Science.gov (United States)

2010-07-01

... complainant may bring an action at law or equity for de novo review in the appropriate district court of the... COMPLAINTS UNDER SECTION 806 OF THE CORPORATE AND CRIMINAL FRAUD ACCOUNTABILITY ACT OF 2002, TITLE VIII OF... the administrative law judge or the Board, depending upon where the proceeding is pending, a notice of...

Internal and External Dialogue: A Method for Quality Court Management

Directory of Open Access Journals (Sweden)

Marie Hagsgård

2008-10-01

Full Text Available The aim of quality court work is to maintain or improve public trust in the court as a vital part of a democratic society. Public confidence in the judicial system is affected by a number of factors, including speedy and judicially correct decisions which are generally understandable and a good treatment of parties and witnesses before and during court proceedings. In order to uphold and enhance public trust, courts need to work systematically to improve the quality of court functioning. But questions remain regarding how to institute quality court management, and how to achieve positive results. Although court managers in Sweden have shown an interest in starting systematic quality work, they have found it difficult to find a method for such work and systematically achieving results.

Public Interests in the International Court of Justice—A Comparison Between Nuclear Arms Race and South West Africa

NARCIS (Netherlands)

Venzke, I.

2017-01-01

In the present essay I compare the 2016 judgment of the International Court of Justice (ICJ) in Nuclear Arms Race (Marshall Islands v. United Kingdom) with the Court's 1966 judgment in South West Africa (Ethiopia v. South Africa; Liberia v. South Africa). A series of similarities between the two

Trial by Jury in Russian Military Courts

Directory of Open Access Journals (Sweden)

Nikolai P. Kovalev

2008-07-01

Full Text Available One of peculiar features of the military criminal justice system in Russia is that in some cases military defendants may apply for trial by jury. Unlike the existing U.S. court-martial jury and the Russian military jury of the early 1900s (World War I period which were comprised of the members of the armed forces, in modern Russia jurors trying military defendants are civilians. This article aims to provide a brief history of military jury in Russia and identify issues of independence and impartiality in Russian military courts with participation of lay decision-makers. In particular, the article will analyze two high-profile cases which resulted in acquittals of Russian officers accused of killing several Chechen civilians during counter-terrorist operations in Chechnya.

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...

The Need for Regulation of Cyber Terrorism Phenomena in Line With Principles of International Criminal Law

Directory of Open Access Journals (Sweden)

Enver BUÇAJ

2017-03-01

Full Text Available This paper scrutinizes and highlights imminent need to regulate cyber terrorism pheromone in line with principle of international law. In so doing, this paper intends to ascertain legal basis to regulate cyber terrorism at international level. It explains the normative conduct by drawing on adjustments of certain member states of European Union as well as from none-European member states. Particular attention will be given as to how Kosovo has addressed cyber terrorism within its legal framework of criminal acts. The paper also addresses practical consequences of cyber terrorism in context of cyber-attacks events in attempt to establish legal basis for its prevention and punishment of cyber criminals wherever it happens. The author articulates its arguments by examining the presumed threats as a result of cyber terrorism activities, as well as based on well-known cyber terrorist behaviors and constant literature that insinuate that cyber-attacks are imminent threats. Lastly, as there is neither a particular treaty nor State practices, the author considers of utmost importance to spell out different views and statistics alluding that the need to regulate cyber terrorism in line with principle of international criminal law is a necessity.

The Need for Regulation of Cyber Terrorism Phenomena in Line With Principles of International Criminal Law

Directory of Open Access Journals (Sweden)

Enver Buçaj

2017-03-01

Full Text Available This paper scrutinizes and highlights imminent need to regulate cyber terrorism phenomena in line with the principle of international law. In so doing, this paper intends to ascertain legal basis to regulate cyber terrorism at international level. It explains the normative conduct by drawing on adjustments of certain member states of European Union as well as from none European member states. Particular attention will be given as to how Kosovo has addressed cyber terrorism within its legal framework of criminal acts. The paper also addresses practical consequences of cyber terrorism in the context of cyber attacks events in attempt to establish a legal basis for its prevention and punishment of cyber criminals wherever it happens. The author articulates its arguments by examining the presumed threats as a result of cyber terrorism activities, as well as based on well-known cyber terrorist behaviors and constant literature that insinuate that cyber attacks are imminent threats. Lastly, as there is neither a particular treaty nor State practices, the author considers of utmost importance to spell out different views and statistics alluding that the need to regulate cyber terrorism in line with principle of international criminal law is a necessity.

Effect of Court Dimensions on Players’ External and Internal Load during Small-Sided Handball Games

Science.gov (United States)

Corvino, Matteo; Tessitore, Antonio; Minganti, Carlo; Sibila, Marko

2014-01-01

The aim of this study was to investigate the effect of three different court dimensions on the internal and external load during small-sided handball games. Six male amateur handball players took part in this study and participated in three different 8-min 3vs3 (plus goalkeepers) small-sided handball games (each repeated twice). The three court dimensions were 12×24m, 30×15m and 32×16m. Through Global Positioning System devices (SPI pro elite 15Hz, GPSports) and video analysis, the following parameters were recorded: cyclic and acyclic movements (distance covered and number of technical actions executed), heart rate, and rating of perceived exertion (RPE). Total distance travelled increased with court dimensions (885.2m ± 66.6m in 24×12m; 980.0m ± 73.4m in 30×15m; 1095.0m ± 112.9m in 32×16m, p 5.2 m·s-1) highlighted substantial differences: playing with the 30×15m court in comparison to the 24×12m, the players covered less distance in the first speed zone (p = 0.012; ES = 0.70) and more distance in the second (p = 0.049; ES = 0.73) and third (p = 0.012; ES = 0.51) speed zones. Statistical differences were also found between the 24×12m and 32×16m courts: the players covered more distance in the second and third speed zones (p = 0.013, ES = 0.76; p = 0.023 ES = 0.69) with the 32×16m court in comparison to the 24×12m. There was no significant effect of court dimensions on the technical parameters (number of team actions, passes, piston movements toward goal and defensive activities), the number of specific handball jumps and changes of direction, and the time spent in the different heart rate zones. Considering the average data of all the experimental conditions together (24×12m, 30×15m, 32×16m), a pronounced statistical difference was highlighted between the values in first two HR zones and the last two (p handball games can be used to manipulate both external and internal loads on the players. Key points To cover the specific game demands, more

Effect of Court Dimensions on Players' External and Internal Load during Small-Sided Handball Games.

Science.gov (United States)

Corvino, Matteo; Tessitore, Antonio; Minganti, Carlo; Sibila, Marko

2014-05-01

The aim of this study was to investigate the effect of three different court dimensions on the internal and external load during small-sided handball games. Six male amateur handball players took part in this study and participated in three different 8-min 3vs3 (plus goalkeepers) small-sided handball games (each repeated twice). The three court dimensions were 12×24m, 30×15m and 32×16m. Through Global Positioning System devices (SPI pro elite 15Hz, GPSports) and video analysis, the following parameters were recorded: cyclic and acyclic movements (distance covered and number of technical actions executed), heart rate, and rating of perceived exertion (RPE). Total distance travelled increased with court dimensions (885.2m ± 66.6m in 24×12m; 980.0m ± 73.4m in 30×15m; 1095.0m ± 112.9m in 32×16m, p 5.2 m·s(-1)) highlighted substantial differences: playing with the 30×15m court in comparison to the 24×12m, the players covered less distance in the first speed zone (p = 0.012; ES = 0.70) and more distance in the second (p = 0.049; ES = 0.73) and third (p = 0.012; ES = 0.51) speed zones. Statistical differences were also found between the 24×12m and 32×16m courts: the players covered more distance in the second and third speed zones (p = 0.013, ES = 0.76; p = 0.023 ES = 0.69) with the 32×16m court in comparison to the 24×12m. There was no significant effect of court dimensions on the technical parameters (number of team actions, passes, piston movements toward goal and defensive activities), the number of specific handball jumps and changes of direction, and the time spent in the different heart rate zones. Considering the average data of all the experimental conditions together (24×12m, 30×15m, 32×16m), a pronounced statistical difference was highlighted between the values in first two HR zones and the last two (p handball games can be used to manipulate both external and internal loads on the players. Key pointsTo cover the specific game demands, more

Domestic Violence Courts: A Multisite Test of Whether and How They Change Offender Outcomes.

Science.gov (United States)

Cissner, Amanda B; Labriola, Melissa; Rempel, Michael

2015-09-01

Findings are from an investigation of 24 criminal domestic violence courts (DVCs) across New York, testing their effect on recidivism, case processing, and case resolutions. Overall, we found a small positive impact on recidivism among convicted offenders. We further found that the sex of defendants moderated the court impact on case resolutions; that is, among male defendants only, DVCs increased conviction rates and sentences involving jail or prison. In addition, multi-level, multivariate analyses found that court policies specifically designed to increase victim safety, hold offenders accountable, and reduce offender recidivism (through deterrence or rehabilitation) were instrumental in reducing recidivism. © The Author(s) 2015.

ECHR and national constitutional courts

Directory of Open Access Journals (Sweden)

Nastić Maja

2015-01-01

Full Text Available Comprising fundamental rights and freedoms and establishing the effective control system, the European Convention on Human Rights (ECHR encroaches upon the area that is traditional reserved for constitutional law. Although built on the doctrine reserved for international treaty law, the Convention goes beyond the traditional boundaries that exist between international and constitutional law. It has gradually infiltrated into the national legal systems. Constitutional courts have had the crucial role in this process. This paper will focus on the applicability of the ECHR in proceedings before national constitutional courts. Having in mind the jurisdiction of the national constitutional court, the ECHR may be applied in two ways: first, in the process of constitutional review by national constitutional courts and, second, in the process of deciding on constitutional complaints.

Threats to repair injury caused by judicial errors and criminal damage

Directory of Open Access Journals (Sweden)

Muntean Vasilisa

2017-12-01

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

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

Directory of Open Access Journals (Sweden)

Bulat Raisovich Burganov

2015-09-01

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

Effect of Court Dimensions on Players’ External and Internal Load during Small-Sided Handball Games

Directory of Open Access Journals (Sweden)

Matteo Corvino

2014-06-01

Full Text Available The aim of this study was to investigate the effect of three different court dimensions on the internal and external load during small-sided handball games. Six male amateur handball players took part in this study and participated in three different 8-min 3vs3 (plus goalkeepers small-sided handball games (each repeated twice. The three court dimensions were 12×24m, 30×15m and 32×16m. Through Global Positioning System devices (SPI pro elite 15Hz, GPSports and video analysis, the following parameters were recorded: cyclic and acyclic movements (distance covered and number of technical actions executed, heart rate, and rating of perceived exertion (RPE. Total distance travelled increased with court dimensions (885.2m ± 66.6m in 24×12m; 980.0m ± 73.4m in 30×15m; 1095.0m ± 112.9m in 32×16m, p 5.2 m·s-1 highlighted substantial differences: playing with the 30×15m court in comparison to the 24×12m, the players covered less distance in the first speed zone (p = 0.012; ES = 0.70 and more distance in the second (p = 0.049; ES = 0.73 and third (p = 0.012; ES = 0.51 speed zones. Statistical differences were also found between the 24×12m and 32×16m courts: the players covered more distance in the second and third speed zones (p = 0.013, ES = 0.76; p = 0.023 ES = 0.69 with the 32×16m court in comparison to the 24×12m. There was no significant effect of court dimensions on the technical parameters (number of team actions, passes, piston movements toward goal and defensive activities, the number of specific handball jumps and changes of direction, and the time spent in the different heart rate zones. Considering the average data of all the experimental conditions together (24×12m, 30×15m, 32×16m, a pronounced statistical difference was highlighted between the values in first two HR zones and the last two (p < 0.05; large ES. The rating of perceived exertion was significantly higher during the drill with the 32×16m court compared with the 24

Court Compliance as a Predictor of Postadjudication Recidivism for Domestic Violence Offenders

Science.gov (United States)

Kindness, Alana; Kim, Han; Alder, Stephen; Edwards, Alison; Parekh, Asha; rOlson, Lenora M.

2009-01-01

This study evaluated pre- and postadjudication behavior of 220 male defendants convicted of a domestic violence-related offense using court records and police department data. Our goal was the identification of possible predictors for continued criminal behavior that could pose a risk of further harm to victims. Factors identified as significant…

Estimation Issues and Generational Changes in Modeling Criminal Career Length

Science.gov (United States)

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

2007-01-01

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

The Prominent Role of National Judges in Interpreting the International Definition of Human Trafficking

Directory of Open Access Journals (Sweden)

Luuk B Esser

2016-05-01

Full Text Available Although there has been much discussion of the scope of the concept of human trafficking in international literature, the part played by national courts in interpreting definitions based on the international definition of human trafficking in the UN Trafficking Protocol has received little attention. When a judge interprets an offence, he or she clarifies or adds new meaning to it. The space for this is even greater when the underlying definition is broadly formulated, as in the case of the international definition of human trafficking. This article demonstrates that, although this international definition establishes the outer parameters within which conduct must be made a criminal offence, domestic courts still have room to flesh out the definition in national contexts. The role of national judges needs more consideration in today’s discourse on the legal definition of human trafficking.

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.

Ubutabera : Facts and case files from the International Criminal Tribunal for Rwanda (ICTR)

NARCIS (Netherlands)

Bouwknegt, Thijs Bastiaan; van der Heijde, Hannah

2017-01-01

Twenty-two years ago, immediately after the genocide in Rwanda, the United Nations set up the International Criminal Tribunal for Rwanda (UN/ICTR). In December 2015, the Appeals Chamber rendered the tribunal’s last decision in the case of the ‘Butare 6’. Meanwhile, some ‘residual’ work has been

A Jury of Their Peers: A Meta-Analysis of the Effects of Teen Court on Criminal Recidivism.

Science.gov (United States)

Bouchard, Jessica; Wong, Jennifer S

2017-07-01

Juvenile delinquency has been on the decline for a number of years, yet, juvenile courts continue to assess more than 1 million cases per year. Involvement with the juvenile justice system has been linked to a number of risk factors and consequences that may impact positive youth development; however, evidence-based correctional programs that divert juvenile offenders away from formal processing are limited. Teen Court is a specialized diversion intervention that offers an alternative to traditional court processing for juvenile offenders. Despite the rapid expansion of Teen Courts, there is little comprehensive and systematic evidence available to justify this expansion. This meta-analytic study examines the effects of Teen Court on the recidivism of juvenile offenders. The literature search resulted in the selection of 14 studies, which contributed 18 unique effect sizes with a total sample of 2125 treatment group and 979 comparison group youth. The findings suggest that Teen Court is no more effective at reducing recidivism than (a) formal processing or (b) other diversion programs. Implications of formal and informal court processing for low-risk, first-time young offenders are discussed. The authors draw on the Risk-Need-Responsivity model to provide recommendations for policies and practices.

新智慧財產權法刑事審判實務之解析 Analysis of criminal cases regarding the new

Directory of Open Access Journals (Sweden)

鄧振球 Cheng-Chiou Teng

2005-11-01

Full Text Available IPR laws are supervised by the Ministry of Economic Affairs as part of the laws of economics. The Intellectual Property Office of the Ministry takes the responsibility to amend the laws when necessary but usually without the participation of judges. Even so the courts handle the criminal cases when people are accused of crime involving IPR infringement. Because judges lack information regarding the original intent of the legislation, judges have difficulties to find an exact application of the new laws. Furthermore, with the impact of the recent amendment of criminal procedure code judges not only have to adapt to new structures of the IPR rights but also to comply with the new procedure regulations to make sure that the bench has an exact way to question the parties, define the issues of law and facts, and choose the appropriate experts to help the court make a decision. Based on the recent amendments both of trademark law and copyright law and his trial experiences, this article written by an IPR court judge of the Taiwan High Court analyzes some issues from a practical perspective and from the legislature side and tries to give his own opinions in order to benefit the bench and lawyers when facing the problems of IPR criminal cases.

Immunities of International Organizations before Domestic Courts : Reflections on the Collective Labour Case against the European Patent Organization

NARCIS (Netherlands)

Ryngaert, C.M.J.

2016-01-01

The Netherlands is home to a substantial number of international organizations, which on the basis of international agreements are entitled to immunity from jurisdiction and enforcement before Dutch courts. This immunity grant has not stopped claimants from suing international organizations in The

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.

Criminal Protection Orders for Women Victims of Domestic Violence: Explicating Predictors of Level of Restrictions Among Orders Issued.

Science.gov (United States)

Sullivan, Tami P; Weiss, Nicole H; Price, Carolina; Pugh, Nicole E

2017-10-01

Criminal protection orders (POs), with varying degrees of restrictions, are issued by the criminal justice system to enhance the safety of victims of domestic violence (DV). Limited research exists to elucidate factors associated with their issuance. Therefore, the purpose of this study was to investigate how demographic, relationship, parenting, and court-process-related factors are related to the level of restriction the PO places on the offender. Two-hundred ninety-eight women who were victims in a criminal DV case ( M age 36.4, 50.0% African American) participated in a structured interview approximately 12 to 15 months following the offenders' arraignment. Results revealed that psychological DV severity and fear of the offender in the 30 days prior to arraignment significantly predicted PO level of restriction issued. In addition, level of restriction requested by the victim significantly predicted level of restriction issued by the judge (though closer examination of the data revealed that many orders were issued at a different level of restriction than the victim requested). Other demographic, relationship, parenting, and court-process-related factors did not predict PO level of restriction issued. Findings are discussed with respect to practice and policy in the criminal justice system.

The Right of the Accused in Saudi in Criminal Procedure during Investigation Process and Arbitrary Dentation and Prohibits Torture and Protects the Rights of Suspects to Obtain Legal Council

Directory of Open Access Journals (Sweden)

Mohmed Alqahtani Faten

2018-01-01

Full Text Available Saudi Arabia has recent in years pass several important legislations to ensure a fair and balanced justice system, including: 1 The Law of Procedure Before Sharia Courts of September 2001, which grants defendants the right to legal representation and outlines the process by which please, evidence and experts are heard by the courts. 2 The Code of Law Practice of January 2001, which outlines requirements necessary to become an attorney and defines the duties and right of lawyers, including the right of attorney-client privilege. 3 The Law of Criminal Procedure of May 2001, which protects a defendant right with the regard to interrogation, investigation, and incarceration; outlines a series of regulations that justice and law enforcement authorities must follow during all stages of legal process, from arrest and interrogation to trial and sentencing; prohibits torture and protects the right of suspects to obtain legal counsel; and limits the period of arbitrary detention. The main objective of this study is to examine the operation of the criminal justice system in Saudi Arabia in light of the international human rights standards pertaining to the administration of justice. It involves the international human rights treaties and focuses mainly on the instruments in which the right to a fair trail in Saudi Arabia.

Internal and External Dialogue: a Swedish Approach to Quality Work in Courts

Directory of Open Access Journals (Sweden)

Marie B. Hagsgård

2014-12-01

Full Text Available When evaluation shows that a court is not delivering justice in the best possible way, change in the way a court operates can be hard to accomplish. One way is to engage all judges and staff in an internal and external dialogue about the way the court is functioning and how to improve it. When judges and staff are actively involved in evaluating the present situation, in analyzing, suggesting and implementing new measures and in evaluating the effects of those measures, improvements can be reached in the way the court operates in a range of areas. The deployment of such approach in a growing number of Swedish courts is an indicator of the success of the method.At present the majority of Swedish courts are involved in a broad external dialogue, where judges and staff attend meetings with prosecutors and lawyers and interview court users. The aim of the dialogue is to evaluate and improve information and treatment of parties and witnesses and the writing of intelligible judgments. Cuando una evaluación muestra que un tribunal no está administrando justicia de la mejor manera posible, puede ser difícil lograr cambiar la forma en que ese tribunal funciona. Una opción es involucrar a todos los jueces y personal en un diálogo interno y externo sobre el funcionamiento del tribunal y cómo se podría mejorar. Cuando los jueces y el personal participan activamente en la evaluación de la situación actual, analizando, sugiriendo y desarrollando nuevas medidas y evaluando los efectos de esas medidas, se pueden conseguir mejoras en la forma en la que el tribunal opera en diferentes áreas. El uso de este enfoque en un número creciente de tribunales suecos es un indicador del éxito del método.En la actualidad la mayoría de los tribunales suecos están involucrados en un amplio diálogo externo, en el que jueces y personal participan en reuniones con fiscales y abogados y se entrevistan con usuarios de los tribunales. El objetivo del diálogo es

Court sentences in the aspect of theorems of validity, justice and certainty of bisectrixity

Directory of Open Access Journals (Sweden)

Sergey G. Ol’kov

2016-01-01

Full Text Available Objective to prove the theorems of validity justice and certainty of bisectrixity to elaborate the mathematical bases of the theory of court sentences. Methods observation deduction and induction applying the law of formal logic comparative analysis formaljuridical method mathematical methods. Results 1 theorems of validity justice and certainty of bisectrixity are proved and detailed 2 equally probable equilibrium and diagonal court sentences are viewed in the 2dimensional 3dimensional 4dimensional and 5dimensional space of criminal liability when the scope of punishment is determined by four variables y f x1 x2 x3 x4 where y ndash scope of punishment x1 ndash character and degree of the public danger of the deed x2 ndash category of a criminal public danger of the personality x3 ndash circumstances aggravating punishment x4 ndash circumstances extenuating punishment f ndash parameters of the equation connecting the left and right parts of the equation 3 aggravating and extenuating circumstances can be integrated into a single variable in the form of a fraction where the numerator is the scope of circumstances aggravating punishment x3 and thenbspdenominator is the extenuating circumstances x4 thus we obtain an integrated variable x3 x4 4 it is proved that the certainty of diagonal sentence is s c or v c times larger than the certainty of the equally probable sentence where с is the length of the diagonal s is the area of sentences vnbspis the space of sentences 5 it is proved that the bisectral sentence is the most optimal among the equilibrium ones as it equally takes into account the functions of the defense and the prosecution. Scientific novelty the newly obtained scientific results. Practical significance possibility to use the obtained scientific results for the development of criminallegal and criminalprocedural theories tonbspincrease the level of justice of the court sentences. Keywords Criminal procedure Theorem of validity Theorem

Experiences that Count: A Comparative Study of the ICTY and SCSL in Shaping the Image of Justice

Directory of Open Access Journals (Sweden)

Kristin Xueqin Wu

2013-01-01

Full Text Available The legitimacy of international criminal trials is not automatic: it is conditional upon endorsement by local communities. If the very communities involved do not 'feel' a sense of justice, these trials would not only contribute little to the post-conflict peace process, but also create a backlash against these international courts and tribunals, tarnishing the image of international criminal justice. Despite its critical importance, this image management process is still at the stage of trial and error. The first outreach programme, established by the International Criminal Tribunal for the former Yugoslavia (ICTY, has been fighting a losing battle against the Tribunal's poor image in the former Yugoslavia region. In contrast, the Special Court for Sierra Leone (SCSL has been highly praised for promoting a holistic experience of 'just'. What causes these differences, and what could be learnt from them? After comparing the various undertakings by these two ad-hoc tribunals - in terms of outreach strategies, press strategies and resource management - this paper draws three lessons for the permanent International Criminal Court (ICC: gaining acceptance, smoothing communication and boosting judicial efficiency.

THEORETICAL AND JURISPRUDENTIAL ASPECTS CONCERNING THE CONSTITUTIONALITY OF THE COURT APPEAL ON POINTS OF LAW

Directory of Open Access Journals (Sweden)

Marius ANDREESCU

2014-05-01

Full Text Available The institution of the appeal on points of law has the role to ensure a unitary law interpretation and enforcing by the law courts. The legal nature of this procedure is determined not only by the civil and criminal normative dispositions that regulate it. In this study we bring arguments according to which this institution is of a constitutional nature, because according to the Constitution, the High Court of Cassation and Justice has the attribution to ensure the unitary interpretation of the law by the law courts. Thus are analyzed the constitutional nature consequences of this institution, the limits of compulsoriness of law interpretations given by the Supreme Court through the decisions ruled on this procedure, and also the relationship between the decisions of the Constitutional Court, respectively the decisions of the High Court of Cassation and Justice given for resolving the appeals on points of law. The recent jurisprudence of the Constitutional Court reveals new aspects regarding the possibility to verify the constitutionality of the decisions given in this matter.

Court decisions on medical malpractice.

Science.gov (United States)

Knaak, Jan-Paul; Parzeller, Markus

2014-11-01

Recent studies on court cases dealing with medical malpractice are few and far between. This retrospective study, therefore, undertakes an analysis of medical malpractice lawsuits brought before regional courts in two judicial districts of the federal state of Hesse. Over a 5-year period (2006-2010), 232 court decisions on medical malpractice taken by the regional courts (Landgericht) of Kassel and Marburg were evaluated according to medical discipline, diagnosis, therapy, relevant level of care, charge of neglect of duty by the claimant party, outcome of the lawsuit, and further criteria. With certain overlaps, the disciplines most frequently confronted with claims of medical malpractice were accident surgery and orthopedics (30.2%; n = 70), dentistry (16.4%; n = 38), surgery (12.1%; n = 28), and gynecology and obstetrics (7.8%; n = 18), followed by the remaining medical disciplines (38.8%; n = 90). Malpractice allegations were brought against the practice-based sector in 35.8 % (n = 83) of cases, the hospital-based sector in 63.3% (n = 147) of cases, and other sectors in 0.9% (n = 2) of cases. The allegation grounds included false administration of treatment (67.2%; n = 156), false indication of treatment (37.1%; n = 86), false diagnosis (31.5%; n = 73), and/or organizational negligence (13.8%; n = 32). A breach of duty to inform was given as grounds for the claim in 38.8% (n = 90) of cases. A significant majority of 65.6% (n = 152) of cases ended in a court settlement. Of the cases, 18.9% (n = 44) were concluded by claim withdrawal, 11.2% (n = 26) by claim dismissal and 2.6% (n = 6) by criminal sentence. Of the cases, 1.7% (n = 4) were for purposes of securing evidence. Although there was no conclusive evidence of malpractice, two thirds of the cases ended in a court settlement. On the one hand, this outcome reduces the burden on the courts, but on the other, it can in the long term give

Medication assisted treatment in US drug courts: results from a nationwide survey of availability, barriers and attitudes.

Science.gov (United States)

Matusow, Harlan; Dickman, Samuel L; Rich, Josiah D; Fong, Chunki; Dumont, Dora M; Hardin, Carolyn; Marlowe, Douglas; Rosenblum, Andrew

2013-01-01

Drug treatment courts are an increasingly important tool in reducing the census of those incarcerated for non-violent drug offenses; medication assisted treatment (MAT) is proven to be an effective treatment for opioid addiction. However, little is known about the availability of and barriers to MAT provision for opioid-addicted people under drug court jurisdiction. Using an online survey, we assessed availability, barriers, and need for MAT (especially agonist medication) for opioid addiction in drug courts. Ninety-eight percent reported opioid-addicted participants, and 47% offered agonist medication (56% for all MAT including naltrexone). Barriers included cost and court policy. Responses revealed significant uncertainty, especially among non-MAT providing courts. Political, judicial and administrative opposition appear to affect MAT's inconsistent use and availability in drug court settings. These data suggest that a substantial, targeted educational initiative is needed to increase awareness of the treatment and criminal justice benefits of MAT in the drug courts. Copyright © 2013 Elsevier Inc. All rights reserved.

Criminal Sanctions Against Official Corruption and other Offences Against Official Duty Offenders in Kosovo for the Period 2008-2015

Directory of Open Access Journals (Sweden)

Flutura Tahiraj

2017-08-01

Full Text Available The need to fight corruption, with the focus on official corruption in Kosovo continues to be addressed by both national and international reports. The objective of this paper is to find out the number of the cases and analyse the sactions against official corruption and other offences against official duty delivered by Municipality Courts in Kosovo during the period 2008-2015 with the aim to assess the developments during a period of eight years since most of the other researches are focused on annual performance of the courts. All data presented in this article are taken from the Kosovo Statistical Office and include statistical information on the types and frequency of criminal sanctions to perpetrators of the official corruption and other offences against official duty. Case study is also applied to analyse some court judgments. The study shows there is a slight incresase of the number of convicted perpetrators over years, the number of corruption cases addressed by the courts remained very limited, followed by low sentences or even prescription of cases. The findings will add additional scientific insights to the existing knowledge about preventing and fighting official corruption and it can be useful for scholars, policy makers and practitioners in Kosovo.

Criminal defendants' satisfaction with lawyers : Perceptions of procedural fairness and effort of the lawyer

NARCIS (Netherlands)

Raaijmakers, E.; de Keijser, J. W.; Nieuwbeerta, P.; Dirkzwager, A. J E

2014-01-01

At present, procedural justice theory has predominantly been used to explain defendants' satisfaction with the police, courts and prisons. It is unclear to what extent this theory is also applicable to lawyers. This study investigates to what extent (1) criminal defendants are satisfied with their

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.

[Selected problems in the forensic-psychiatric evaluation of persons posing a likelihood of repeating a criminal act].

Science.gov (United States)

Florkowski, Antoni; Zboralski, Krzysztof; Nowacka, Agata; Strójwas, Krzysztof; Flinik-Jankowska, Magdalena; Konopa, Aleksandra; Łacisz, Joanna; Wierzbiński, Piotr

2014-09-01

In the current penal code, compared to previous regulations, there have been alterations concerning medical security measures. These amendments have been prompted by socio-politic circumstances in Poland as well as implementation of Mental Health Act. According to the current law the court, on the request of expert psychiatrists, can pronounce a sentence of obligatory stay in psychiatric institution for perpetrator of criminal act who has been deemed not sane due to 31 subsection 1 of penal code and who is predictably able of recidivism. In legal-medical practice those less experienced expert psychiatrists may encounter difficulties producing expertise for the court, especially evaluating probability of recurrence of committing a criminal act and resulting request for psychiatric detention. In order to make this issue more acquainted we present a review of literature concerning it.

Examining the links between therapeutic jurisprudence and mental health court completion.

Science.gov (United States)

Redlich, Allison D; Han, Woojae

2014-04-01

Research demonstrates that mental health courts (MHCs) lead to improved outcomes compared to traditional criminal court processes. An underlying premise of MHCs is therapeutic jurisprudence (TJ). However, no research, to our knowledge, has examined whether MHC outcomes are predicted by TJ principles as theorized. In the present study, we examined whether principles measured at the onset of MHC enrollment (knowledge, perceived voluntariness, and procedural justice) predicted MHC completion (graduation). Using structural equation modeling with MHC participants from four courts, a significant, direct relationship between TJ and MHC completion was found, such that higher levels of TJ were associated with higher rates of success. Although this direct effect became nonsignificant when mediator variables were included, a significant indirect path remained, such that increased levels of initial perceived voluntariness and procedural justice, and MHC knowledge, led to decreased rates of new arrests, prison, MHC bench warrants, and increased court compliance, which, in turn, led to a higher likelihood of MHC graduation. PsycINFO Database Record (c) 2014 APA, all rights reserved.

Is there a binding link between decisions of the atomic energy authority and criminal law?

International Nuclear Information System (INIS)

Horn, E.

1988-01-01

The paper analyses the court decision on the Alkem case, which acquitted the Alkem plant operators of the charge of infringement of section 327 Penal Code, not for legal reasons, but for lack of evidence for some facts considered essential by the court. The paper discusses the charge and the judgment, the issue of justification in this case, and items such as preliminary consent by an authority, misuse of rights, objections based on criminal law, the dilution of the administrative (law) accessoriness. (RST) [de

The public prosecution's role in criminal proceedings under the rule of law: legal situation in Germany with comparative law remarks on UK and USA

OpenAIRE

Krey, Volker

2009-01-01

"Analyzing the role of Germany as a law-exporting nation the essay deals with a very specific aspect of the Rule of Lawprinciple in criminal proceedings. The author describes the division of functions among police, public prosecution and criminal courts within criminal law enforcement in Germany adding some comparative law remarks. He furthermore provides an overview of structure and organization of the public prosecution in Germany. He focuses on the relationship and interacti...

New Serbian criminal procedure: New reasons for harmonization with European legal standards

Directory of Open Access Journals (Sweden)

Đurđić Vojislav

2014-01-01

Full Text Available The new criminal procedure, set forth in 2011, represents a compilation of the inquisitive model of preliminary proceedings, on the one hand, and adversarial trial of the Anglo-American type of criminal procedure on the other. Introduction of the public prosecutor's investigation required a subtle legislative approach to the protection of human rights in criminal proceedings, in order to establish equilibrium between efficient and just procedure. Instead of the expected, the erroneous conception based on the ideas that the public prosecutor's investigation should be strictly formal as that of a court, that evidence taken by the non-judicial authorities should have the same bearing as those taken by the courts, and that the court should have no role in conducting investigation, resulted in an overly inferior position of the accuses compared to that of the public prosecutor. Beside the fact that such conception can not pass the ECJ test, the specific legal solutions referring the investigation open the question of harmonization with the European legal standards. The provisions on initiation of this phase of the proceedings, not being legally sanctioned, put in question the right of the accused to access justice, as well as his right to an effective legal remedy, and the introduced investigation against the unknown perpetrator, the right to be present at one's own trial is being jeopardized. Neither do all procedural rules pertaining to the trial support the fair procedure principle: the indirect extortion of evidence from the defense is discordant with the rule that the burden of proof lies on the prosecutor, as one of the main pillars of the assumption of innocence; as well as the broad opportunity to use non-judicial evidence at the hearing without any major legal obstacles, have demolished the principles of directness and contradictoriness. Even some of the minimal right of the defense as well as the guarantees of personal freedom in the course

Criminal groups and criminal subculture

OpenAIRE

Romanova N.M.

2013-01-01

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

Does gender matter? Exploring mental health recovery court legal and health outcomes.

Science.gov (United States)

Kothari, Catherine L; Butkiewicz, Robert; Williams, Emily R; Jacobson, Caron; Morse, Diane S; Cerulli, Catherine

2014-12-05

Based upon therapeutic justice principles, mental health courts use legal leverage to improve access and compliance to treatment for defendants who are mentally ill. Justice-involved women have a higher prevalence of mental illness than men, and it plays a greater role in their criminal behavior. Despite this, studies examining whether women respond differently than men to mental health courts are lacking. Study goals were to examine gender-related differences in mental health court participation, and in criminal justice, psychiatric and health-related outcomes. This study utilized a quasi-experimental pre-posttest design without a control group. The data were abstracted from administrative records of Kalamazoo Community Mental Health and Substance Abuse agency, the county jail and both county hospitals, 2008 through 2011. Generalized estimating equation regression was used to assess gender-differences in pre-post program outcomes (jail days, psychiatric and medical hospitalization days, emergency department visits) for the 30 women and 63 men with a final mental health court disposition. Program-eligible females were more likely than males to become enrolled in mental health court. Otherwise they were similar on all measured program-participation characteristics: treatment compliance, WRAP participation and graduation rate. All participants showed significant reductions in emergency department visits, but women-completers had significantly steeper drops than males: from 6.7 emergency department visits to 1.3 for women, and from 4.1 to 2.4 for men. A similar gender pattern emerged with medical-hospitalization-days: from 2.2 medical hospital days down to 0.1 for women, and from 0.9 days up to 1.8 for men. While women had fewer psychiatric hospitalization days than men regardless of program involvement (2.5 and 4.6, respectively), both genders experienced fewer days after MHRC compared to before. Women and men showed equal gains from successful program completion in

Therapeutic Jurisprudence in Health Research: Enlisting Legal Theory as a Methodological Guide in an Interdisciplinary Case Study of Mental Health and Criminal Law.

Science.gov (United States)

Ferrazzi, Priscilla; Krupa, Terry

2015-09-01

Studies that seek to understand and improve health care systems benefit from qualitative methods that employ theory to add depth, complexity, and context to analysis. Theories used in health research typically emerge from social science, but these can be inadequate for studying complex health systems. Mental health rehabilitation programs for criminal courts are complicated by their integration within the criminal justice system and by their dual health-and-justice objectives. In a qualitative multiple case study exploring the potential for these mental health court programs in Arctic communities, we assess whether a legal theory, known as therapeutic jurisprudence, functions as a useful methodological theory. Therapeutic jurisprudence, recruited across discipline boundaries, succeeds in guiding our qualitative inquiry at the complex intersection of mental health care and criminal law by providing a framework foundation for directing the study's research questions and the related propositions that focus our analysis. © The Author(s) 2014.

Er Den internasjonale straffedomstolen afrikafiendtlig? Konfliktselektivitet og internasjonale straffedomstoler

Directory of Open Access Journals (Sweden)

Sofie A. E. Høgestøl

2016-06-01

Full Text Available After 13 years of selecting situations, the International Criminal Court (ICC has thus far only investigated conflicts in Africa. This has led to accusations of the Court having an African bias when selecting which conflicts to prosecute. Some African leaders have even accused the court of simply being a tool of western imperialism. This article attempts to determine the veracity of the Africa-bias allegations by examining the ICC’s current practice of selecting situations, as well as by placing the debate within the broader context of international criminal tribunals and conflict selectivity.

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

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.

ECHR Melo Tadeu: A Tax Case Which Should Bring on More Carefully Selected Criminal Procedures

NARCIS (Netherlands)

Poelmann, E.

2016-01-01

The European Court of Human Rights (ECHR) judged in the Melo Tadeu case that the refusal of the authorities to undo the seizure of assets after a criminal acquittal, is disproportional, regardless whether the appeal was too late. The Melo Tadeu judgment implies mainly that the presumption of

The Concept of Extraordinary Crime in Indonesia Legal System: is The Concept An Effective Criminal Policy?

Directory of Open Access Journals (Sweden)

Vidya Prahassacitta

2016-10-01

Full Text Available The concept of extraordinary crime was a common concept in Indonesia. Adopts from the concept of the most serious crime in Rome Statute and adjusted with the Indonesian legal system. Then it developed wider and introduced into terrorism, corruption, drug abuse offenses, and child sexual abuse in legislations and Constitutional Court verdicts. The implementation of this concept generated some consequences in drafting and formulating the legislation as part of penal policy. This leads to two legal problems; first, what was the categorization of the concept of extraordinary crime? and second, what were the consequences of the concept extraordinary crime in accordance with penal policy?. Normative law research with literature study method, This was a conducted as the response of both legal problems. Using secondary data from legislation, Constitutional Court verdicts, book and journal, this research concludes that; the concept of extraordinary crime parts of criminal policy does not have any standard for the categorization. Then, as consequences of the implementation of the concept of extraordinary crime in several penal efforts are formulating in legislations. The penalty effort is not limited to criminalization and sentencing aspects but wider and shall be in line with the strategy of crime eradication and welfare protection purposes. To reach the effectiveness of the criminal policy of the concept of extraordinary crime, the penalty effort shall be in line with criminal law principles and human right basic principles.

From arrest to sentencing: A comparative analysis of the criminal justice system processing for rape crimes

Directory of Open Access Journals (Sweden)

Joana Domingues Vargas

2008-01-01

Full Text Available The current article is intended to demonstrate the advantages of prioritizing an analysis of court caseload processing for a given type of crime and proceeding to a comparison of the results obtained from empirical studies in different countries. The article draws on a study I performed on rape cases tried by the court system in Campinas, São Paulo State, and the study by Gary LaFree on rape cases in the United States, based on data in Indianapolis, Indiana. The comparative analysis of determinants of victims' and law enforcement agencies' decisions concerning the pursuit of legal action proved to be productive, even when comparing two different systems of justice. This allowed greater knowledge of how the Brazilian criminal justice system operates, both in its capacity to identify, try, and punish sex offenders, and in terms of the importance it ascribes to formal legal rules in trying rape cases, in comparison to the American criminal justice system.

Pre-occupation of innocence and provisional penal enforcement: a critical analysis of the Federal Supreme Court jurisprudential modification

Directory of Open Access Journals (Sweden)

Augusto Jobim do Amaral

2017-10-01

Full Text Available This article deals with the problems involved in the provisional execution of the sentence in the Brazilian criminal procedural system, especially with respect to the constitutional guarantee of the presumption of innocence, here in its political-constitutional value. In the current national context in which it is heavily invested in relativizations of fundamental guarantees and in false punitive solutions, it is essential that the criminal procedure be imposed from the principles enshrined in the 1988 Constitution. It intends to demonstrate the new contours of the position built by the Federal Supreme Court on the subject, its possible criticisms and impacts on the commitment of the legitimacy of the decisions made in criminal matters by the Judiciary.

Improving graduation rates for African Americans in drug court: Importance of human relationships and barriers to gaining and sustaining employment.

Science.gov (United States)

Gallagher, John Robert; Nordberg, Anne; Dibley, Alyssa R

2017-11-16

Drug courts have been an important part of the criminal justice system since 1989. They continue to expand throughout the United States because nearly three decades of research has shown that they are more effective than other interventions, such as traditional probation. There is a pattern, though, in some drug courts where African Americans are less likely to graduate than their Caucasian counterparts. This qualitative study explores this phenomenon by asking African American participants (n = 31) their views on the most helpful aspects of drug court and how drug court could be more helpful in supporting them in graduating the program. Participants felt that the respect and compassion they received from the drug court judge and their case managers, as well as the camaraderie they developed with other participants, was an aspect of drug court that supported them in graduating the program. Next, participants felt that graduation rates would improve if drug court better supported them in gaining employment or sustaining the employment they already had. Implications for drug court practice are discussed.

Personality disorders and criminal law: an international perspective.

Science.gov (United States)

Sparr, Landy F

2009-01-01

At the International War Crimes Tribunal for the Former Yugoslavia (ICTY), a detention camp guard, charged with acts of murder and torture, advanced a plea of diminished responsibility. Defense psychiatrists testified that he had a personality disorder that influenced his ability to control his behavior, but a prosecution expert testified that the guard did not meet Diagnostic and Statistical Manual of Mental Disorders, Fourth Edition, Text Revision (DSM-IV-TR) criteria. Thus, the unresolved question of how the law defines a mental disease or defect for purposes of mitigation or excuse was transposed to an international setting. It has been argued in a variety of jurisdictions and national legal systems that exculpatory mental disorders must be serious, and personality disorders should not qualify. In fact, it has been proposed that the volitional aspect of excuse defenses be eliminated, and definitions of mental disease or defect narrowed. Others have argued that such exclusions are too restrictive and arbitrary. This article examines the criminal defense at ICTY and traces its origin in national jurisdictions. Mental incapacity defenses based on personality disorders are more often used in The Netherlands, England, Germany and Belgium, but seldom in Canada and rarely in the United States and Sweden.

Nuclear weapons and the World Court ruling

International Nuclear Information System (INIS)

Singh, J.

1998-01-01

based on the initiatives by non-governmental organizations, the World Health Organisation (WHO) Assembly asked the International Court of Justice for an advisory opinion in 1993 whether, considering the environmental and health consequences, the use of nuclear weapons by a state in war or other armed conflict would be a breach of its obligations under international law. The World Court decided that it was not able to give an advisory opinion as requested, because of the fact that questions of use of force and such like were beyond the scope of specialized agencies like the WHO. The Court has ruled that the international community, especially the five nuclear weapon states have not only an obligation to negotiate a treaty for total nuclear disarmament, but also have an obligation to conclude such treaty. We may expect that the nuclear weapon states will cynically disregard the ruling of the World Court as they have been doing to the basic obligation itself in pursuit of nuclear hegemony. But the remaining 150 countries or so also bear a responsibility to keep nudging the recalcitrant states into implementing their commitments to disarm

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.

THE SIGNIFICANCE OF THE COMPLEMENTARITY PRINCIPLE WITHIN THE ROME STATUTE IN INTERNATIONAL CRIMINAL LAW

Directory of Open Access Journals (Sweden)

Heribertus Jaka Triyana

2014-03-01

Full Text Available In practice, the application of the complementarity principle in the Rome Statute remains unclear, particularly with respect to the prioritization of national penal law jurisdiction. This paper willdiscuss the relevance of the complementarity principle to the development of a national criminal justice system and to the investigation and prosecution of the most serious crimes provided for in the Statute. It was concluded that the complementarity principle should be used to unravel the twisted development of the national criminal justice system in accordance with the provisions of international law. We need to establish our national criminal justice system as the main and foremost forum (hence, willing and able in the process of investigating and prosecuting the most serious crimes on earth. Dalam praktik, aplikasi Asas Pelengkap (the complementarity principle dalam Statuta Roma masihbelum jelas, khususnya terkait dengan pengutamaan (prioritization yurisdiksi hukum pidana nasional. Oleh karena itu, tulisan ini akan membahas relevansi asas tersebut terhadap pembangunan sistem hukum pidana nasional dan terhadap penyelidikan dan penuntutan kejahatan paling serius yang diatur dalam Statuta. Disimpulkan bahwa Asas Pelengkap harus Mahkamah digunakan sebagai pengurai benang kusutpembangunan sistem hukum pidana nasional Indonesia sesuai dengan ketentuan hukum internasional supaya menjadi forum utama (mau dan mampu dalam proses penyelidikan dan penuntutan kejahatan paling serius di muka bumi.

FROM THE LIBERATION STRUGGLE TO “PURE AVARICE”: INTERNATIONAL CRIMINAL LAW AND THE FRAMING OF CRIME IN SUB-SAHARAN AFRICA

Directory of Open Access Journals (Sweden)

Richard A. Wilson

2012-10-01

Full Text Available Abstract: The view advanced in this article is that over the past few decades, the efforts of Sub-Saharan Africa elites to promote human rights discourse and establish liberal institutions of the nation-state have constrained the space for justifiable law-breaking and enlarged the category of criminality. Taken together, national and international security are now pursued more through the idiom of crime and rule of law than through the political process. As a result, there is more crime than there used to be in sub-Saharan Africa.  It means that law-breaking and collective political opposition is more often construed as criminal behavior.  Not only have the classifications changed, but so have the ways of knowing about violence in Africa, and all the while, a legal prism for apprehending transgressions has gained greater prominence.  This paper illustrates this general argument by reference to South Africa during its transition from apartheid in the 1990s and to the international criminal tribunals presently prosecuting violations in the Democratic Republic of the Congo and Sierra Leone. The argument works best for those post-conflict countries affected by liberal political and legal reforms and the interventions of international criminal law, and that now includes many sub-Saharan countries, but not all.  It does not apply to relatively peaceful and prosperous countries such as Tanzania or Botswana. It does not work for Zimbabwe, but may once a post-Mugabe transition is underway. Keywords: Human rights. Crime. Rule of law

Cross-Border Patent Disputes: Unified Patent Court or International Commercial Arbitration?

OpenAIRE

Alba Betancourt, Ana

2016-01-01

Currently, the enforcement of a patent that is registered in several countries involves the risk of getting different and conflicting decisions from the national courts. In 2013, 25 European countries entered in an agreement that aims to homogenise the patent system by creating the European patent with unitary effect and a Unified Patent Court (UPC). This article focuses on the UPC, which aims to have a single court proceeding for cross-border patent conflicts. Does the UPC system represent a...

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

Directory of Open Access Journals (Sweden)

Ferry de Jong

2011-10-01

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

THE JURISDICTION OF THE COURT OF JUSTICE OF THE EUROPEAN UNION TO DELIVER A CANCELLATION JUDGMENT REGARDING THE INTERNATIONAL AGREEMENTS TO WHICH THE EU IS PARTY

Directory of Open Access Journals (Sweden)

Roxana-Mariana POPESCU

2016-06-01

Full Text Available In the case where international agreements are treated as legal acts of EU institutions, they may be subject to judicial review exercised by the Court in Luxembourg. Given the fact that we assimilate international agreements to legal acts of the European Union, we would be tempted to ask ourselves the following questions: to what extent declaring an agreement, by a judgment of the Court of Justice of the EU delivered in the action for cancellation, as being inapplicable to the EU legal order, affects the security of international relationships? If these relationships are affected, is it possible to exclude the subsequent verification conducted by the Court? In the study below, our purpose is to find answer to these questions.

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

Combining Benford's Law and machine learning to detect money laundering. An actual Spanish court case.

Science.gov (United States)

Badal-Valero, Elena; Alvarez-Jareño, José A; Pavía, Jose M

2018-01-01

This paper is based on the analysis of the database of operations from a macro-case on money laundering orchestrated between a core company and a group of its suppliers, 26 of which had already been identified by the police as fraudulent companies. In the face of a well-founded suspicion that more companies have perpetrated criminal acts and in order to make better use of what are very limited police resources, we aim to construct a tool to detect money laundering criminals. We combine Benford's Law and machine learning algorithms (logistic regression, decision trees, neural networks, and random forests) to find patterns of money laundering criminals in the context of a real Spanish court case. After mapping each supplier's set of accounting data into a 21-dimensional space using Benford's Law and applying machine learning algorithms, additional companies that could merit further scrutiny are flagged up. A new tool to detect money laundering criminals is proposed in this paper. The tool is tested in the context of a real case. Copyright © 2017 Elsevier B.V. All rights reserved.

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.

U.S. Policy Regarding the International Criminal Court

National Research Council Canada - National Science Library

Elsea, Jennifer K

2006-01-01

.... participation in United Nations (UN) peacekeeping missions commenced after July 1, 2003; and, most controversially among European allies, authorizes the President to use "all means necessary and appropriate to bring about the release" of certain U.S...

Rethinking Deterrence: The International Criminal Court in Sudan

Directory of Open Access Journals (Sweden)

Pablo Castillo

2007-01-01

Full Text Available El 1 de Abril del 2005, el Consejo de Seguridad de las Naciones Unidas remitió la situación de Darfur (Sudán al Tribunal Penal Internacional. Dos meses más tarde, el Fiscal aceptó la remisión y decidió iniciar una investigación. No se trata sólo del primer caso enviado a la Corte por las Naciones Unidas; se trata además de la primera instancia en la que el TPI se ve involucrado en un país cuyo gobierno se opone tajantemente a cooperar con el tribunal y rechaza su jurisdicción. ¿Cómo se desenvolverá esta recién creada institución en un entorno político tan complicado? ¿Probará este caso que el derecho penal internacional puede disuadir la comisión de atrocidades? ¿Puede el escrutinio de la comunidad internacional y la amenaza de acusaciones judiciales inhibir la conducta de del Presidente de Sudán, Omar al-Bashir? Este artículo sugiere que excesivo énfasis en la disuasión como elemento central, tan prevalente en la literatura que vincula el Derecho Internacional con la resolución de conflictos, tiene poco valor analitico y no ayuda a la causa de la justicia internacional. Críticos y escépticos, cada vez mas numerosos en el mundo anglosajón, pasan por alto la diferencia entre disuasión a corto plazo y prevención a largo plazo, ignoran la importancia de la credibilidad y la consistencia como funciones necesarias de la disuasión, y no tienen en cuenta la variedad de estrategias que los actores internacionales eligen para plantarle cara a la amenaza de acusaciones judiciales, así como las restricciones que limitan sus acciones y sus opciones de salida.

An Effectiveness Trial of Contingency Management in a Felony Preadjudication Drug Court

Science.gov (United States)

Marlowe, Douglas B; Festinger, David S; Dugosh, Karen L; Arabia, Patricia L; Kirby, Kimberly C

2008-01-01

This study evaluated a contingency management (CM) program in a drug court. Gift certificates for compliance were delivered at 4- to 6-week intervals (total value  =  $390.00). Participants in one condition earned gift certificates that escalated by $5.00 increments. Participants in a second condition began earning higher magnitude gift certificates, and the density of reinforcement was gradually decreased. No main effects of CM were detected, which appears to be attributable to a ceiling effect from the intensive contingencies already delivered in the drug court and the low density of reinforcement. Preplanned interaction analyses suggested that participants with more serious criminal backgrounds might have performed better in the CM conditions. This suggests that CM programs may be best suited for more incorrigible drug offenders. PMID:19192860

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.

Conflicts of Criminal Jurisdiction in the European Union

Directory of Open Access Journals (Sweden)

Frank Zimmermann

2015-07-01

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

An Experimental Trial of Adaptive Programming in Drug Court: Outcomes at 6, 12 and 18 Months.

Science.gov (United States)

Marlowe, Douglas B; Festinger, David S; Dugosh, Karen L; Benasutti, Kathleen M; Fox, Gloria; Harron, Ashley

2014-06-01

Test whether an adaptive program improves outcomes in drug court by adjusting the schedule of court hearings and clinical case-management sessions pursuant to a priori performance criteria. Consenting participants in a misdemeanor drug court were randomly assigned to the adaptive program (n = 62) or to a baseline-matching condition (n = 63) in which they attended court hearings based on the results of a criminal risk assessment. Outcome measures were re-arrest rates at 18 months post-entry to the drug court and urine drug test results and structured interview results at 6 and 12 months post-entry. Although previously published analyses revealed significantly fewer positive drug tests for participants in the adaptive condition during the first 18 weeks of drug court, current analyses indicate the effects converged during the ensuing year. Between-group differences in new arrest rates, urine drug test results and self-reported psychosocial problems were small and non-statistically significant at 6, 12 and 18 months post-entry. A non-significant trend (p = .10) suggests there may have been a small residual impact (Cramer's ν = .15) on new misdemeanor arrests after 18 months. Adaptive programming shows promise for enhancing short-term outcomes in drug courts; however, additional efforts are needed to extend the effects beyond the first 4 to 6 months of enrollment.

Prosecuting Crimes of International Concern: Islamic State at the ICC?

Directory of Open Access Journals (Sweden)

Cóman Kenny

2017-04-01

Full Text Available The rise of Islamic State (IS has fundamentally altered the conception of terrorism, a development which international criminal law is arguably unprepared for. Given the scale and gravity of the group’s crimes, questions abound as to how those responsible will be held accountable. In the absence of significant domestic prosecutions and short of the establishment of a dedicated accountability mechanism, the International Criminal Court (ICC stands as the forum of last resort in which IS members could stand trial. Such a proposition is not without significant challenges, however. This article addresses some key issues facing any potential prosecutions from the perspective of: (i jurisdiction; (ii applicable crimes; and (iii modes of liability. First, as Syria, Iraq, and Libya are not States Parties to the Rome Statute, the available avenues for asserting jurisdiction will be assessed, namely: a Security Council referral; jurisdiction over so called ‘foreign fighters’ who are State Party nationals; and jurisdiction over attacks on the territory of a State Party and whether they could be considered part of a broader series of criminal acts in IS held territory. Second, as there is no crime of terrorism in the Rome Statute, the question of prosecuting acts encapsulated in a systematic campaign of terror through existing provisions will be assessed. Third, the regime of accountability at the ICC will be analysed in light of IS’s purported structure and the crimes with which it stands accused. Focus will be directed to those responsible for the propagation of genocidal propaganda and individuals who provide aid or assistance to IS which contributes to its crimes. These questions are far from theoretical. The UN has designated IS a threat to international peace and security. There follows an expectation that international criminal law should play a role in tackling one of the major criminal concerns of our time and ensure that impunity for those

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

Science.gov (United States)

Young, Gerald

2015-01-01

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

[Psychiatry and criminology in Criminal Justice: Jury Trial Courts and Appellate Courts in the Federal District of Rio de Janeiro, during the 1930s].

Science.gov (United States)

Dias, Allister Andrew Teixeira

2015-01-01

As part of a research study on the 1930s and 1940s medical-criminological debate in Brazil, this research paper analyzes some of the uses and criticisms of arguments of a psychiatric and criminological nature, among certain jurists who carried out important work in the city of Rio de Janeiro during the 1930s. In this context, these magistrates, tended to have significant psychiatric and criminological knowledge, in spite of all the heterogeneity, plurality and differences in perspectives that existed among them. We selected two principal areas to conduct an analysis of the activities of these jurists: the Appellate Court of the Federal District of Rio de Janeiro and Jury Trial Courts.

Federal Administrative Court denies the International Union for the Protection of Life the right to file suit

International Nuclear Information System (INIS)

Anon.

1980-01-01

In its decision of July 16, 1980, the Federal Administrative Court dismissed the appeal lodged by the International Union for the Protection of Life against the dismissal by the Supreme Administrative Court concerning the action to set aside the preliminary decision on the Kruemmel reactor. The Court denied its right to file suit. The amount in ligitation was fixed at 20000 DM. The appelant cannot assert that his rights are being violated. The appelent's commitment to protect life is not hindered in an administrative way by the preliminary decision. Only members of the association could put forward that the basic rights of the individual protected in Art. 2, Sect. 2 of the Basic Law are being endangered. Section 7 (2) of the Atomic Energy Law does not serve to protect the freedom of association, it gives third party protection for associations only in case of property damage. Neither can the right to file suit be derived for the addressee of a decision from Section 4 (2) of the Ordinance concerning the procedure for licensing nuclear installations. (HSCH) [de

The impact of criminalization of HIV non-disclosure on the healthcare engagement of women living with HIV in Canada: a comprehensive review of the evidence.

Science.gov (United States)

Patterson, Sophie E; Milloy, M-J; Ogilvie, Gina; Greene, Saara; Nicholson, Valerie; Vonn, Micheal; Hogg, Robert; Kaida, Angela

2015-01-01

In 2012, the Supreme Court of Canada ruled that people living with HIV (PLWH) must disclose their HIV status to sexual partners prior to sexual activity that poses a "realistic possibility" of HIV transmission for consent to sex to be valid. The Supreme Court deemed that the duty to disclose could be averted if a person living with HIV both uses a condom and has a low plasma HIV-1 RNA viral load during vaginal sex. This is one of the strictest legal standards criminalizing HIV non-disclosure worldwide and has resulted in a high rate of prosecutions of PLWH in Canada. Public health advocates argue that the overly broad use of the criminal law against PLWH undermines efforts to engage individuals in healthcare and complicates gendered barriers to linkage and retention in care experienced by women living with HIV (WLWH). We conducted a comprehensive review of peer-reviewed and non-peer-reviewed evidence published between 1998 and 2015 evaluating the impact of the criminalization of HIV non-disclosure on healthcare engagement of WLWH in Canada across key stages of the cascade of HIV care, specifically: HIV testing and diagnosis, linkage and retention in care, and adherence to antiretroviral therapy. Where available, evidence pertaining specifically to women was examined. Where these data were lacking, evidence relating to all PLWH in Canada or other international jurisdictions were included. Evidence suggests that criminalization of HIV non-disclosure may create barriers to engagement and retention within the cascade of HIV care for PLWH in Canada, discouraging access to HIV testing for some people due to fears of legal implications following a positive diagnosis, and compromising linkage and retention in healthcare through concerns of exposure of confidential medical information. There is a lack of published empirical evidence focused specifically on women, which is a concern given the growing population of WLWH in Canada, among whom marginalized and vulnerable women

Psychology and psychiatry in Singapore courts: A baseline survey of the mental health landscape in the legal arena.

Science.gov (United States)

Gwee, Kenji

Despite the increasing prevalence and involvement of mental health professionals in local courts, there has been no systematic study of the role played by these expert witnesses in Singapore courtrooms. An empirical study of all existing recorded cases on Lawnet (Singapore's legal database of all court trial cases) from 1975-2014 involving psychologists and psychiatrists was conducted. Results revealed that, not only were these mental health experts increasingly dotting the landscape of the legal arena, the variety of their contributions has also been gradually growing. Furthermore, there were marked differences across criminal, civil and custody cases with regards to the issues of how these experts were consulted and how their inputs utilized and appreciated by judges. Differences between psychology and psychiatry were also apparent. A future with more assistance rendered by these professions to courts, as well as greater synergy between law and mental health, was predicted for Singapore courts. Copyright © 2017 Elsevier Ltd. All rights reserved.

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

Re-Individualizing the Criminal Sanctions of Deprivation of Liberty in the European Union

Directory of Open Access Journals (Sweden)

Ion Rusu

2011-05-01

Full Text Available The recognition and subsequently the execution of criminal penalties of deprivation of liberty byanother Member State, other than the one of the conviction, is an act of mutual trust between Member Statesof the European Union. However, the differences between criminal legal norms, particularly regarding theminimum and maximum limits of some punishment prescribed for the same offense, require a differentapproach in the sense that a member can not recognize and then enforce a sentence of deprivation of libertywith the maximum limits greater than its own legislation, for the same offense. This very sensitive issue wasresolved by adopting the Framework Decision 2008/909/JHA of the Council from 27 November 2008, wherethe European legislative act allows the executing Member State the re-individualization of the deprivation ofliberty sentence, the goal being that the penalty imposed is compatible with the internal law of theenforcement state. In the implementation of European legislative act depositions, any member State whichhas recognized such a court order, based on a legal decision ordered by a competent judicial body may stillre-individualize the penalty regarding its maximum limit. The examination of the European legislative acthighlights also some flaws that must be corrected, taking into account the possibility for the executingMember States to fully modify the applied punishment, as regards both its nature and its proportion applied inthe sentencing State.

[Beginners' operations and medical specialist standards : Avoidance of criminal liability and civil liability].

Science.gov (United States)

Schneider, H

2018-05-16

In all phases, patients are entitled to receive medical treatment according to medical specialist standards. This does not mean that patients necessarily have to be treated by a medical specialist. Operations performed by "beginners", e. g. assistant physicians, are permitted. However, there are increased liability risks, both for the specialist and the assistant physician. Furthermore, there are risks of criminal responsibility for causing bodily harm by negligence or negligent manslaughter. This article portrays the requirements of civil liability and criminal responsibility concerning beginners' operations on the basis of cases and judgments of the Federal Court and the Higher Regional Courts in Germany. Additionally, the reception of the jurisprudence by the relevant legal literature will be discussed. Jurisprudence and legal literature categorize breaches of duty of care. Assistant physicians can be subject to contributory negligence liabilities, while specialists can bear liabilities for negligent selection, organization or supervision. Responsible specialist and assistant physicians can protect themselves (and the patient) and avoid legal risks by only performing operations adequate to their educational level or by delegating operations to beginners and ensuring intervention by a specialist by supervision of the operation which is suitable to the assistant physician's level of education.

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...

Presumption of Innocence in Criminal Procedure

Directory of Open Access Journals (Sweden)

Tatiana Zbanca

2009-06-01

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

Commentary (Analysis of Decisions on Interim Release at the Extraordinary Chambers in the Courts of Cambodia (ECCC))

DEFF Research Database (Denmark)

Appazov, Artur

2015-01-01

As of today, the decision-making organs of the ECCC have issued a number of decisions on applications of suspects and accused persons for provisional release. One only one such application has been successful so far. This situation is regarded as acceptable in other international criminal...... jurisdictions for the reasons of unavailability of reliable enforcement mechanisms. This is said to justify the pre-trial detention to be de facto the rule rather than exception. However, specific conditions of the Extraordinary Chambers in the Courts of Cambodia (ECCC) warrant a differing appraisal....... The commentary examines a tendency of the decision-makers of the ECCC uncritically to accept arguments in the submissions of the Co-Prosecutors to the effect that the continuous provisional detention is in each case the necessary measure in accordance with the law of the ECCC. At that, the quality of judicial...

Nexo causal em matéria penal: análise da jurisprudência dos tribunais de justiça Case law regarding causal relationship between conduct and result to attribute criminal liability in brazilian state supreme courts

Directory of Open Access Journals (Sweden)

Luisa Moraes Abreu Ferreira

2011-06-01

Full Text Available Este artigo discute uma pesquisa empírica apresentada em 2009 como Trabalho de Conclusão de Curso na Direito GV sobre a definição da causalidade para responsabilização criminal nos tribunais de justiça. Foram analisadas 84 apelações criminais julgadas entre 2007 e 2008 e extraídos resultados quantitativos e qualitativos relacionados aos dados do processo, ao resultado da decisão e à argumentação. A análise desses resultados levou a cinco principais constatações: (1 a discussão sobre nexo causal ocorre quase exclusivamente em casos de crimes culposos; (2 muitas vezes, apesar de discutido pelas partes, a existência de nexo causal não é afirmada no acórdão; (3 o nexo causal é frequentemente afirmado com pouca fundamentação e, em geral, com menos argumentos do que a afirmação de culpa; (4 a teoria mais utilizada pelos tribunais é a da equivalência das condições; e (5 o nexo causal é frequentemente afirmado como decorrência da culpa.This paper reports empirical research presented in 2009 as final dissertation for graduation as bachelor of laws at direito gv about the definition of causation to attribute criminal liability in the brazilian state supreme Courts. A total of 84 criminal appeals, ruled between 2007 and 2008, were analyzed and quantitative and qualitative results related to procedure data, results of the decision and reasoning were extracted. Analysis of these results led to five major findings: (1 discussion of causation occurs almost exclusively in cases of willful crimes, (2 often, though discussed by the parties, a causal relationship is not asserted in the decision, (3 causal relationship is often stated with little reasoning and, generally, with fewer arguments than the statement of negligence, (a the causal theory most used by the courts is that cause is every necessary condition for the event, and (5j causal relationship is often asserted as a result of negligence.

Psychiatrists, criminals, and the law: forensic psychiatry in Switzerland 1850-1950.

Science.gov (United States)

Germann, Urs

2014-01-01

Between 1880 and 1950, Swiss psychiatrists established themselves as experts in criminal courts. In this period, the judicial authorities required psychiatric testimonies in a rising number of cases. As a result, more offenders than ever before were declared mentally deficient and, eventually, sent to psychiatric asylums. Psychiatrists also enhanced their authority as experts at the political level. From the very beginning, they got involved in the preparatory works for a nationwide criminal code. In this article, I argue that these trends toward medicalization of crime were due to incremental processes, rather than spectacular institutional changes. In fact, Swiss psychiatrists gained recognition as experts due to their daily interactions with judges, public prosecutors, and legal counsels. At the same time, the spread of medical expertise had serious repercussions on psychiatric institutions. From 1942 onwards, asylums had to deal with a growing number of "criminal psychopaths," which affected ward discipline and put psychiatry's therapeutic efficiency into question. The defensive way in which Swiss psychiatrists reacted to this predicament was crucial to the further development of forensic psychiatry. For the most part, it accounts for the subdiscipline's remarkable lack of specialization until the 1990s. © 2013.

Attention, reward, and inhibition: symptomatic features of ADHD and issues for offenders in the criminal justice system.

Science.gov (United States)

Berryessa, Colleen M

2017-03-01

Although the relationship between criminal activity and ADHD has been heavily studied, this paper reviews a largely neglected area of academic discourse: how symptoms of ADHD that often contribute to offending behavior may also potentially create further problems for offenders with ADHD after they come into contact with the criminal justice system and pilot their way through the legal process. The main symptoms of ADHD that are primarily connected to criminal offending are examined and contextualized with respect to diagnosed offenders' experiences with the justice system. Symptoms of ADHD, specifically reward deficiency, behavioral inhibition, and attention deficits, may affect whether individuals will be successful in their experiences in court, with probation, and during incarceration. This is especially true for individuals whose ADHD diagnoses are unknown to the criminal justice system or have never been formally diagnosed. Actors in the criminal justice need to be aware of the symptomatic features and behavioral patterns of offenders with ADHD in order to recognize and identify these offenders, and correspondingly, to refer them to mental health services. Recognizing that at least some of an offender's behavior may be related to symptoms of ADHD will help the criminal justice system better provide recommendations regarding sentencing, probation, and treatment provisions, as well as better ensure that offenders with ADHD have a more successful and just experience in their interactions with the criminal justice system.

In Her Own Words: Women Describe Their Use of Force Resulting in Court-Ordered Intervention.

Science.gov (United States)

Larance, Lisa Young; Miller, Susan L

2016-09-13

Although researchers and practitioners have established that men and women use force in their intimate heterosexual relationships for very different reasons, there is a dearth of information regarding the events surrounds women's arrests and subsequent court orders to anti-violence intervention programming. This information is fundamental to improving Criminal Legal System (CLS) and community-partner understanding of and response to intimate partner violence (IPV). The authors meet this need by analyzing 208 women's descriptions of their arrests and subsequent court order to intervention programs for using force. From these, the authors frame nine categorical descriptions of women's actions. The descriptions and categories highlight areas for CLS and community-partners' growing understanding of this complex issue. © The Author(s) 2016.

Remedies for moral damage before the European Court of Human Rights: Cyprus v. Turkey case

Directory of Open Access Journals (Sweden)

Đajić Sanja

2014-01-01

Full Text Available This article provides the overview of the Cyprus v. Turkey judgment, a recently decided case before the Grand Chamber of the European Court for Human Rights. This is the first inter-State case which ended with pecuniary judgment for moral damages. The article begins with the overview of factual and legal issues in the Cyprus v. Turkey case which is followed by contextualizing this judgment within the general legal framework regarding moral damages and remedies available. The second part provides the insight into the case law of the International Court of Justice, European Court for Human Rights and international investment arbitration in order to assess the status of moral damages under general international law. While all international courts and tribunals recognize moral damage as a cause of action, they seem to respond differently to the issue of remedies. International Court of Justice seems to favour declaratory over pecuniary judgments; European Court of Human Rights tend to award both non-pecuniary and pecuniary remedies for moral damages; international investment tribunals seem to favour pecuniary remedies for moral damages. A separate issue is whether international law permits or rather proscribes punitive damages. While the ILC finds that general international law does not allow for punitive damages there are different opinions, at least within the ECHR setting, that moral damages are inherently punitive for fault-based conduct of the responsible state.

Criminal law as a response to medical malpractice: pluses and minuses--comparing Italian and U.S. experiences.

Science.gov (United States)

Di Landro, Andrea R

2012-06-01

The paper is divided into three parts. The first part sets out the comparative differences between the tort of malpractice in common law and the criminal negligence in civil law: while the common law takes for mens rea only the "gross" negligence, and rarely medical negligence, other law systems instead (and particularly Italian law) criminalize also ordinary negligence, frequently in medical malpractice cases. The second part of the paper addresses the pluses of using criminal law as response to medical malpractice: inadequate medical self-policing and "repeat offenders" problems are analysed, in the perspective of the patient, of the doctor, of the insurance company, and of the community. The third part addresses the minuses of the criminal law as response: medical "shame and blame" mentality, criminal stigma and culture of fear are disincentives to incident reporting and to system analysis (the most important means of prevention); "defensive medicine" and "courts-abiding medicine" are managed not yet in the patient's exclusive interest, but in the egoistic/utilitarian aim to avoid denunciations; finally, the uncertainty of the medicine, the accusatory system and the proof "beyond a reasonable doubt" seem hardly compatible with each other.

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

KONSEKUENSI NEGARA INDONESIA MENJADI ANGGOTA ICC (Studi Tentang Mekanisme Penegakan Hukum Humaniter Internasional

Directory of Open Access Journals (Sweden)

Isplancius Ismail

2014-05-01

Full Text Available International Humanitarian Law (IHL is a set of rules which is based on the 1949 Geneva Law and Hague Law in 1907 and equipped with Additional Protocols I and II of 1977. IHL seeks to provide protection to the victims of war and civilians in armed conflict (law of Geneva 1949 and what methods and tools that may be used in war (Hague Law 1907. The parties involved in armed conflict must respect the principles of limitation, proportionality and distinction. Violations of international humanitarian law called war criminals must be prosecuted as crimes against human rights. Enforcement of international humanitarian law carried out through the mechanism according to the 1949 Geneva Law, by temporary or ad hoc Court, and by the International Criminal Court (ICC. The method used in this research is normative qualitative approach by taking secondary data as a source of information. The results indicate that the consequences of Indonesia as a state to be a member of ICC are having the synergy process national law with Rome Statute covering criminal law, criminal procedural law, extradition, human rights court and the law of human rights itself. The final goals of the synergy are to make Rome Statuta as a follow up system of national judicial, to avoid conflict between ICC and the law of Indonesia, and to make internal law procedure for Indonesia when ICC jurisdiction is active in Indonesia

The Tensions between Internal and External Multilateralism in the Case Law of the Court of Justice of the European Union Concerning International Agreements

DEFF Research Database (Denmark)

Cebulak, Pola

2016-01-01

The European Union’s (EU) commitment to multilateralism is enshrined in Article 21(1) of the Treaty on the European Union (TEU), which proclaims that the EU “shall promote multilateral solutions to common problems”. It is also reflected in numerous documents and treaties produced within the frame......The European Union’s (EU) commitment to multilateralism is enshrined in Article 21(1) of the Treaty on the European Union (TEU), which proclaims that the EU “shall promote multilateral solutions to common problems”. It is also reflected in numerous documents and treaties produced within...... to multilateralism externally appears problematic. This chapter examines the articulation between this internal and external multilateralism of the EU in the case-law of the Court of Justice of the EU (CJEU). It asks the question whether the main tool of legal interpretation deployed by the Court – teleological...

The Right to Remain Silent in Criminal Trial

Directory of Open Access Journals (Sweden)

Gianina Anemona Radu

2013-05-01

Full Text Available A person's right not to incriminate oneself or to remain silent and not contribute to their own incrimination is a basic requirement of due process, although the right not to testify against oneself is not expressly guaranteed. This legal right is intended to protect the accused/ the defendant against the authorities’ abusive coercion. The scope of the right not to incriminate oneself is related to criminal matter under the Convention, and thus susceptible or applicable to criminal proceedings concerning all types of crimes as a guarantee to a fair trial. The European Court of Justice ruled that despite the fact that art. 6 paragraph 2 of the Convention does not expressly mention the right not to incriminate oneself and the right not to contribute to their own incrimination (nemo tenetur are ipsum accusare these are generally recognized international rules that are in consistence with the notion of “fair trial” stipulated in art. 6. By virtue of the right to silence, the person charged with a crime is free to answer the questions or not, as he/she believes it is in his/her interest. Therefore, the right to silence involves not only the right not to testify against oneself, but also the right of the accused/ defendant not to incriminate oneself. Thus, the accused/defendant cannot be compelled to assist in the production of evidence and cannot be sanctioned for failing to provide certain documents or other evidence. Obligation to testify against personal will, under the constraint of a fine or any other form of coercion constitutes an interference with the negative aspect of the right to freedom of expression which must be necessary in a democratic society. It is essential to clarify certain issues as far as this right is concerned. First of all, the statutory provision in question is specific to adversarial systems, which are found mainly in Anglo-Saxon countries and are totally different from that underlying the current Romanian Criminal

The End of ‘the end of impunity’?

DEFF Research Database (Denmark)

Holtermann, Jakob von Holderstein

2010-01-01

With its express intention ‘to put an end to impunity’, the International Criminal Court (ICC) faces a substantial challenge in the shape of conditional amnesties granted in future national truth commissions (TCs)—a challenge that invokes fundamental considerations of criminal justice ethics...

insurgencies in northern Uganda

African Journals Online (AJOL)

International Criminal Court (ICC) investigations into the LRA activities. ... and the rebel movements in northern Uganda, see Human Rights Watch 2003, and ... the ICC, Luis Moreno Ocampo, met at Hotel Intercontinental, Hyde Park, London, ..... expunge criminal liability for war crimes and crimes against humanity, appear.

Internationally recognized human rights' before the International Criminal Court / Rebecca Young

Index Scriptorium Estoniae

Young, Rebecca

2011-01-01

Õiguse kohaldamisest ja tõlgendamisest kooskõlas rahvusvaheliselt tunnustatud inimõigustega tulenevalt ICC Rooma Statuudi artiklist 21 ja Rahvusvaheliste lepingute õiguse Viini konventsiooni artiklitest 31 ja 32

Potency test of a rape accused in India – Rationale, problems and suggestions in light of the Criminal Law (Amendment Act, 2013

Directory of Open Access Journals (Sweden)

Md Shadab Raheel

2016-12-01

Full Text Available Indian legal system makes it mandatory to medically examine any accused of rape as well as other forms of sexual assault. Accused is brought in the police custody for conducting medical examination which includes general physical examination, potency test and evidence collection. The medical examination report of the accused is labeled as the “POTENCY TEST REPORT”. As per the changed definition of rape after Criminal Law (Amendment Act, 2013, potency test stands irrelevant in rape cases because the changed law does not require peno-vaginal intercourse to call it as rape. However, even after the change in definition of rape and laws related to it, potency test is still a mandatory part of medical examination of accused. Displeasure about the same has also been raised by a fast track court of Delhi. In this paper, we have discussed the rationale of potency test of sexual assault in light of Criminal Law Amendment Act (2013, court judgment and other available literature.

28 CFR 522.12 - Relationship between existing criminal sentences imposed under the U.S. or D.C. Code and new...

Science.gov (United States)

2010-07-01

... sentences imposed under the U.S. or D.C. Code and new civil contempt commitment orders. 522.12 Section 522..., AND TRANSFER ADMISSION TO INSTITUTION Civil Contempt of Court Commitments § 522.12 Relationship between existing criminal sentences imposed under the U.S. or D.C. Code and new civil contempt commitment...

THE REFLECTION OF PROCEDURAL GUILT IN THE CRIMINAL PROCEDURE PROVISIONS. LIABILITY FOR UNJUST CONDEMNATION OR FOR TAKING PREVENTIVE MEASURES UNLAWFULLY

Directory of Open Access Journals (Sweden)

ELIZA EMANUELA OPREA

2013-05-01

Full Text Available In the criminal proceedings of some law states the wrongful sentencing of individuals is very rare, having a comprehensive system of procedural safeguards which prevent such a situation. The purpose of the criminal proceedings is to punish only the culprits, the Criminal Procedure code frontispiece being stated the idea that no innocent person should be held criminally liable. By achieving this aspect of purpose is ensured observance of legality and the rule of law. All the basic rules and the whole organization of the criminal trial are polarized around this major goal of justice. Also the professional qualification level of those summoned to administer criminal justice in the modern state to minimizes the risk of judiciar miscarriages. The deep humanism of our law requires though the regulation of those procedural arrangements, through which in the event of an act of injustice, the wrongly convicted is able to obtain prompt repairs that society owes them. A very important aspect related to the evolution over time of the regulation of this institution, is that in its doctrine of integration in the European Union, Romania has adopted a series of laws and regulations designed to ensure our legislation’s alignment with the relevant legislation of the countries from the European community and to ensure the compliance with the European Convention on Human Rights. This process is still ongoing, therefore the establishment and the subsequent modification of the special procedure concerning the remedies for the material or moral damage in the event of unjust sentence or unlawful deprivation of liberty was based on the desire to avoid the conviction situation of the Romanian state by the international courts for failure to comply with the Art. 5 paragraph 5 of the Convention for the Protection of Human Rights and Fundamental Freedoms that 'any individual who is the victim of arrest or detention in conditions contrary to the provisions of this article

CRIMINALIZATION AND PROSECUTION OF HUMAN TRAFFICKING IN ETHIOPIA: ASSESSING THE LEGAL FRAMEWORK IN LIGHT OF INTERNATIONAL STANDARDS

Directory of Open Access Journals (Sweden)

Z.Sh. Woldemichael

2017-01-01

Full Text Available As is the case in many countries, in Ethiopia human trafficking causes multi-dimensional harmful consequences on individuals. With a view to addressing the problem, in 2012 Ethiopia acceded to the Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, supplementing the United Nations Convention against Transnational Organized Crime. For the purpose of translating the requirements of the UN Trafficking Protocol into reality, the government has taken various steps including legislative measures. Proclamation No. 909/2015 (Prevention and Suppression of Trafficking in Persons and Smuggling of Migrants Proclamation is the most recent law adopted to deal with smuggling of migrants and human trafficking. The Proclamation comprises four key aspects: criminalization and prosecution; prevention; protection, rehabilitation and compensation; and cooperation. This article critically examines whether the criminalization and prosecution aspect of the Proclamation complies with international standards.

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.

The Modes of Liability at the ICC: The Labels that Don't Always Stick

DEFF Research Database (Denmark)

Aksenova, Marina

2015-01-01

The article critically analyses recent developments in the jurisprudence of the International Criminal Court. In particular, it scrutinises two convictions rendered by the Court to the date with the view of assessing the viability of the modes of liability employed by the ICC. The argument is tha...

The Criminalization of Black Angeleno Women: Institutionalized Racism and Sexism in Los Angeles, 1928-1938

OpenAIRE

Boyd, Kaitlin Therese

2012-01-01

"The Criminalization of Black Angeleno Women" illuminates what happened in early 20th century Los Angeles when African American women, particularly working poor females, came into contact with the Los Angeles Police Department, the court system and the local, mainstream media. Individually, but especially collaboratively, these institutions lead to the overrepresentation of Black, statistically and in the public mind, in the local sex trade. Essentially, this thesis traces the biases of the...

ECHR and national constitutional courts

OpenAIRE

Nastić, Maja

2015-01-01

Comprising fundamental rights and freedoms and establishing the effective control system, the European Convention on Human Rights (ECHR) encroaches upon the area that is traditional reserved for constitutional law. Although built on the doctrine reserved for international treaty law, the Convention goes beyond the traditional boundaries that exist between international and constitutional law. It has gradually infiltrated into the national legal systems. Constitutional courts have had the cruc...

Consumer Product Safety Commission

Science.gov (United States)

... Certification Import Surveillance International Recall Guidance Civil and Criminal Penalties Federal Court Orders & Decisions Research & Statistics Research & Statistics Technical Reports Injury Statistics NEISS ...

The International Criminal Court and conflict transformation in Uganda

African Journals Online (AJOL)

It also addresses the problem of assessing the impact of law on conflict through the use ..... to entice people to abandon insurgency without fear of prosecution, with the aim of ending the ..... This is an appeal by GoU against the decision of.

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

African Journals Online (AJOL)

accountable, finding an alternative for the lacuna left in the absence of the. ICC has never ..... 14 Scharf (1996:41) refers inter alia to Argentina, Cambodia, Chile, Haiti and South Africa. ... Gacaca trials ended in 2013, studies evaluating the impact of the trials on ..... english/a_cn4_7_rev1.pdf> [Accessed 11 February 2017].

Nullum Crimen and International Criminal Law: The Relevance of the Foreseeability Test

NARCIS (Netherlands)

van der Wilt, H.

2015-01-01

This article traces the development of the foreseeability test in the context of the nullum crimen principle. While the European Court of Human Rights has introduced the ‘accessibility and foreseeability’ criteria long ago in the Sunday Times case, the Court has only recently started to apply this

Criminal track and risk factors of minors who exercise filio - parental violence

OpenAIRE

Cuervo, Keren; Palanques, Natalia; Busquets, María del Pilar

2017-01-01

[EN] In the last few years, mass media have shown cases of a new kind of a worryingly domestic violence, the child-to-parent violence, which is increasing alarmingly. Thereby, the main objective of this paper is to analyse the criminal career and risk factors of the minors who have committed child-to-parent violence depending on the sex. The sample is composed of 57 minors (aged from 14 to 17, Average= 15.81) with at least one file in Castellón’s Juvenile Court. Likewise, 82.5% of the mino...

Striking the Balance between Custom and Justice

DEFF Research Database (Denmark)

Schack, Marc; Kjeldgaard-Pedersen, Astrid

2016-01-01

Certain customary norms complicate the work of international criminal courts and tribunals (icts). The principle of legality prescribes that no one can be convicted for 'new' or ill-defined crimes, and the rules on personal immunity bar icts from prosecuting high-level defendants. In cases...... involving these issues, icts face the dilemma of weighing fundamental 'rule of law' principles against their core objective: to hold leaders accountable for international crimes. Various icts have resorted to what some commentators euphemistically call 'creative' application of customary international law...... but critics label as 'poor legal reasoning'. By examining examples of such rulings, with particular focus on a recent string of decisions by the International Criminal Court (icc) regarding head of state immunity, this article attempts to identify and assess a modus operandi of icts confronted...

KEABSAHAN ALAT BUKTI ELEKTRONIK PASCA PUTUSAN MAHKAMAH KONSTITUSI NO.20/PUU-XVI/2016 DALAM PRESPEKTIF CRIMINAL JUSTICE SYSTEM

Directory of Open Access Journals (Sweden)

erma lisnawati

2017-05-01

Full Text Available Indonesia is a state of law that upholds of human rights. In the state of law, there is a human rights protection by the state including the privacy of rights. It is referred judicial review of Act No. 11 of 2008 on Information and Electronic Transactions, of Article 5 Paragraph (2. To protect the privacy of recording and wiretapping conducted illegally. The Constitutional Court has been issued a ruling of the Constitutional Court No.20/PUU-XVI/2016 which imposes limits on how electronic evidence retrieval and also who is allowed to submit as an evidence in court. The court ruling was appropriate given the absence of norms regulating the procedures for the acquisition and delivery of electronic evidence. In a special lex such as criminal acts Corruption, Money Laundering and Terrorism Crime and Crime and Electronic Information only governs the kinds of electronic evidence alone, as well as the Code of Criminal Law. Indonesia adalah Negara hukum yang menjunjung tinggi hak asasi manusia. dalam Negara hukum, ada perlindungan hak asasi manusia oleh Negara, termasuk hak pribadi. Undang-undang Nomor 11 tahun 2008 tentang Informasi dan Transaksi Elektrokni, Pasal 5 Ayat (2 telah diajukan judisial review pada Mahkamah Konstitusi. Mahkamah Konstitusi telah mengeluarkan putusan Mahkamah Konstitusi Nomor 20/PUU-XVI/2016, yang memberikan batasan tentang cara pengambilan alat bukti elektronik yang diperkenankan untuk diajukan dalam proses persidangan. Hal ini, sudah tepat mengingat tidak adanya norma yang mengatur tentang cara perolehan alat bukti elektronik dan siapa yang berhak mengajukan alat bukti elektronik tersebut ke pengadilan. Dalam beberapa undang-undang khusus pedoman tentang alat bukti elektronik hanya mengatur mengenai tindak pidana khusus saja seperti pada Tindak Pidana Korupsi, Tindak Pidana Pencucian Uang, Tindak Pidana Terorisme dan Tindak Pidana Informasi dan Transaksi Elektronik.

Změny Římského statutu Mezinárodního trestního soudu

Czech Academy of Sciences Publication Activity Database

Šturma, Pavel

2010-01-01

Roč. 9, č. 8 (2010), s. 245-251 ISSN 1213-5313 Institutional research plan: CEZ:AV0Z70680506 Keywords : public international law * International Criminal Court * crime of agression Subject RIV: AG - Legal Sciences

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

Criminal offence domestic violence: Legal practice in Niš area

Directory of Open Access Journals (Sweden)

Vilić-Konstantinović Slobodanka

2003-01-01

Full Text Available In this paper authors analyze seven cases of domestic violence in Niš area during one year of implementation of the new criminal offence domestic violence. Using the method of indirect observation and interviews, authors give us an overview of police's, prosecutors and court's intervention in domestic violence cases. In spite of small number of registered and processed domestic violence cases, some negative phenomenons are observed. Those phenomenons unable efficient and accurate preventive and repressive actions toward abuser. Majority of these observed facts are noted and explained, with underlining the consequences and a way for overcoming them. In order to reach valid and scientifically based conclusion about implementation of laws regarding domestic violence, it is essential to undertake extensive research in Serbia, including a research of a practice of the police, prosecutors and courts. Results of such research would allow qualitative theoretical overview of law enforcement practice regarding domestic violence. Knowledge gained in this way would help us to establish programs for education of individuals who, in different roles, participate in preventive and repressive actions against domestic violence.

Evidence chain of custody break and its effects in the Brazilian criminal proceeding

Directory of Open Access Journals (Sweden)

Isabela Aparecida de Menezes

2018-03-01

Full Text Available This article aims to address the evidence’s custody chain breaks and its effects in the Brazilian criminal proceedings. Every day the theme has become more important to the point of deserving a deeper examination of its meaning and relevance as a way of guaranteeing the reliability of the evidence produced in the criminal process, from its inception until the moment of its evaluation by the court, allowing the verification of its existential chronology. Moreover, the legal basis governing the institute at a national level should be explored in order to verify the consequences of its disregarding in the light of the constitutional principles. Finally, the article seeks to point out the consequences of the disregard or violation of the evidence’s custody chain, including the implications thereof, specially regarding the incidence of unlawfulness in the evidence’s source and its repercussion in the derived evidences.

CONFLICT BETWEEN LEGAL OPINIONS OF ECHR AND NATIONAL CONSTITUTIONAL COURTS

Directory of Open Access Journals (Sweden)

Yuliya Nadtochey

2017-01-01

Full Text Available The object of research is a relationship between ECHR and constitutional courts in various jurisdictions.The main aim of this article is to research the conflict between opinions of ECHR and national Constitutional courts, and also to find the root of this conflict.The methodology of this research consists of universal methods (such as analysis, synthesis, comparison and jurisprudence-specific methods.In the course of research, the author used various theoretical sources, ECHR case-law and decisions of various national Constitutional Courts.Results. At this point of time, there are many theories that try to explain the relationship between international and national law. But their functioning can be observed only in practice. Many jurisdictions adhere to the concept of Dualism.National Constitutional courts may perceive legal opinions in two different ways: adhere to the legal opinion of ECHR or reach a different conclusion, different to that of ECHR.Because national Constitutional courts and ECHR employ different systems for establishing whether rights of the claimant were violated or not, courts may give more weight to the different factors.In the article, the author focuses attention on such reason of the conflict as justification for limitation of one's rights.Conclusions. Conflict of legal opinions of ECHR and national Constitutional courts is of axiological nature. Conflict per se does not imply that a given national government decided to breach its international obligations. Because of subsidiary nature of ECHR protection, conflicts is rather an exception that could be dealt with than a rule.

Original article Criminal thinking styles of minors. Social and personality correlates

Directory of Open Access Journals (Sweden)

Magdalena Rode

2014-12-01

Full Text Available Background This paper presents an attempt to determine the predictors of criminal thinking styles of minors, based on the theory of Glenn Walters. The construct which is the subject of this study, that is, criminal thinking, is treated as a factor that initiates and supports anti-social behaviour. It manifests itself in eight thinking styles (patterns: mollification, cut-off, entitlement, sentimentality, power orientation, cognitive indolence, discontinuity, and superoptimism. Participants and procedure The study involved 114 people: 65 boys and 49 girls. The research group consisted of minors – boys and girls who were referred, by order of the court, to Diagnostic and Consultation Family Centres to receive a psychological opinion, the purpose of which was to determine the degree of demoralisation of the minor. The study was also attended by the guardians of minors. A criterion for including a minor in this study was committing an offence. Results For each criminal thinking style, a forward stepwise regression analysis was conducted. Variables describing minors and mothers were included in the regression model. The aim of this approach is to identify the configuration of predictors of criminal thinking styles. In each of the models the coefficient of determination, R2, and  coefficients were calculated. Conclusions The predictors of criminal thinking styles identified by the regression analysis show the complexity and heterogeneity of factors contributing to the emergence of these cognitive distortions. Predictors include both properties conditioning the psychosocial functioning of mothers and factors determining the personality of a minor (sense of control, low empathy, low self-esteem. There is a noticeable influence of factors attributable to the mothers – variables derived from the environment (demanding, rejecting, inconsistent attitude.

The Contextual Embedding of Genocide: A Casuistic Analysis of the Interplay between Law and Facts

NARCIS (Netherlands)

Cupido, M.

2014-01-01

This article discusses the contextual embedding of genocide in the case law of the ad hoc tribunals and the International Criminal Court. In particular, it seeks to clarify to what extent the courts require that an individual génocidaire acted in the context of a collective act. The article shows

Constitutional Law--Procedural Due Process--Student Has Right to Have Attorney Present at University Disciplinary Hearing When Criminal Charges Are Pending.

Science.gov (United States)

Vessels, Rodney Jay

1978-01-01

In the case of Gabrilowitz v Newman the court used the due process balancing test to conclude that a student has a right to have counsel present at a university disciplinary hearing where the conduct in question is the object of a pending criminal proceeding. Available from J. Reuben Clark Law School, Brigham Young U., Provo, UT 84602. (MSE)

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...

Carbon Monoxide Information Center

Medline Plus

Full Text Available ... Certification Import Surveillance International Recall Guidance Civil and Criminal Penalties Federal Court Orders & Decisions Research & Statistics Research & Statistics Technical Reports Injury Statistics NEISS ...

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.

Complementarity and completed trials: reforming the Ne bis in idem ...

African Journals Online (AJOL)

Nnamdi Azikiwe University Journal of International Law and Jurisprudence ... This paper is concerned with the question whether article 20(3) of the Rome Statute is ... Rome Statute, Ne bis in idem, double jeopardy, International Criminal Court ...

"We Now Have a Patient and Not a Criminal": An Exploratory Study of Judges and Lawyers' Views on Suicide Attempters and the Law in Ghana.

Science.gov (United States)

Osafo, Joseph; Akotia, Charity S; Andoh-Arthur, Johnny; Boakye, Kofi E; N-B Quarshie, Emmanuel

2018-05-01

This study explored the views of judges and lawyers of the superior courts of Ghana on the law criminalizing attempted suicide. Qualitative data were collected from 12 experienced legal practitioners of the superior courts (five judges and seven lawyers) using a semi-structured interview schedule. Thematic analysis of the data yielded three main perspectives: In defence of the Law, Advocating a Repeal, and Pro-Health Orientation. Although exploratory, the findings of this study offer cues for stepping up suicide literacy and advocacy programmes toward either a repeal of the law or a reform.

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.

Examining implementation and preliminary performance indicators of veterans treatment courts: The Kentucky experience.

Science.gov (United States)

Shannon, Lisa M; Birdwhistell, Shira; Hulbig, Shelia K; Jones, Afton Jackson; Newell, Jennifer; Payne, Connie

2017-08-01

Veterans' Treatment Courts (VTCs) are posited as a solution to offer rehabilitation for veterans involved in the criminal justice system. Despite the pervasive implementation of VTCs, there is little research focused specifically on VTC implementation and outcomes, which are based on other problem-solving court models such as drug court. The current study presents qualitative process evaluation data from key stakeholders (n=21) and veteran participants (n=4) to show accomplishments, challenges, and lessons learned during first-year implementation at two VTC sites. Quantitative performance data is also presented on veteran participants (n=19) served during the first year to show: types of services, monitoring, judicial interaction, sanctions/therapeutic responses, and rewards, as well as preliminary data on recidivism. Qualitative data, from both key stakeholders and veteran participants, suggests that offering rehabilitation via various program components, services/referrals, and accountability are critical to the success of the VTC. Data also provides valuable lessons learned for VTC implementation including communication, collaboration, information/protocols, and resources. Performance data shows that a variety of services are utilized and that frequent judicial interaction, drug testing, and sanctions are cornerstones of the VTC. Implications and future directions for research are discussed. Copyright © 2017 Elsevier Ltd. All rights reserved.

Demystification of the Inquisitorial System

Directory of Open Access Journals (Sweden)

LTC Harms

2011-08-01

Full Text Available Criminal procedure in South Africa is outdated and does not produce speedy justice. The Criminal Procedure Act requires a revamp. Lessons can be learnt from the inquisitorial systems but local lawyers have preconceived ideas, based on ignorance, about those systems. It would be useful to consider the successful convergence of the accusatorial and inquisitorial systems attained in the rules of international criminal courts for local application.

Commentary

DEFF Research Database (Denmark)

Cullen, Miriam

2017-01-01

Amending the legal characterization of the facts at trial stage in the International Criminal Court and the defendant's right to a fair trial. Judgment on the appeals of Mr Lubanga Dyilo and the Prosecutor against the Decision of Trial Chamber I of 14 July 2009 entitled “Decision giving notice.......Ch., 8 December 2009. Regulation 55 of the Regulations of the International Criminal Court draws on a civil law tradition which allows the legal characterization of the facts to be amended while criminal proceedings are on foot. Great care must be taken in its implementation. Our due process alarm bells...... should start to ring the moment the purpose of putting an end to impunity begins to override fundamental human rights. No matter how commendable the goal of ending impunity, the consequence of ignoring fundamental fair trial guarantees in the process, paradoxically, undermines the validity of that very...

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

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

OpenAIRE

Persidskis, Ainārs

2017-01-01

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

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

Science.gov (United States)

Sinha, Sudhinta

2016-01-01

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

IMPLEMENTASI TUGAS HAKIM PENGAWAS DAN PENGAMAT DALAM PENGAWASAN DAN PENGAMATAN TERHADAP NARAPIDANA (Kajian di Lembaga Pemasyarakatan Klas II A Purwokerto

Directory of Open Access Journals (Sweden)

Dessy Perdani Yuris PS

2010-05-01

Full Text Available The implementation of court judgments needs to be observed and perceived, thus the birth of Supervisor and Observer Judge Institution by Law No. 8 of 1981. The position of a Judge is not simply responsible for imposition of punishment, but also have to responsible for completion of punishment term by inmates in Correctional Institute by appropriate pattern and program of counseling. Besides in article 277 KUHAP till article 288 KUHAP it is charged another task as supervisor and observer of the court decision. The research results show that the implementation of the Supervisory Judge task and Observers in the execution of court decisions in Purwokerto Penitentiary is based on the Criminal Procedure Code Article 277 through Article 283 Criminal Procedure Code, the implementing regulations of the Supreme Court Circular No. RI. No. 7 of 1985. Supervisory Judge in the performance of duties and Observers in Purwokerto Penitentiary still met the constraints that are internal or external, internal resistance from law enforcement and the factors of factor means or facilities. Then the external barriers are the ruling factor.

Establishing motives for committing crimes: criminalistic possibilities and criminal procedure expediency

Directory of Open Access Journals (Sweden)

Kornakova S.V.

2014-12-01

Full Text Available The lack of unanimity on the motive understanding by psychologists studying the motivation of goal-oriented behavior and lawyers analyzing the crime causes and mechanisms is stated. The possibility of unconscious motives of criminal behavior is admitted. The practical problems of es-tablishing and proving the motives for specific crimes, which can be judged only presumably, by studying actus reus and perpetrator’s testimony, are shown. Establishing the motive for crime is complicated by the fact that the guilty person is often not aware of it, conceals or distorts it. The authors acknowledge that crime is impossible without a motive (talking about mentally healthy person. Consequently, they state the inevitable difficulties in establishing any motive and the lack of objective need for its establishing to find a person guilty of committing a crime. The expediency of establishing cognition limits of crime psychology by the subject of proof is argued. It’s concluded that the preliminary investigation bodies and courts must fully, comprehensively and objectively investigate the circumstances that determine the conclusion about the presence or absence of guilty motive in perpetrator’s actions. They must justify this conclusion in the indictment and sentence by bringing evidence only in case if this motive is provided by criminal law as element of crime. It’s argued that the list of circumstances to be proved in every criminal case, provided by article 73 of the RF Criminal Procedure Code, can’t be considered satisfactory, if practical possibilities of their establishing aren’t taken into account. It’s proposed to exclude the motives for crime from this list.

Federal policy on criminal offenders who have substance use disorders: how can we maximize public health and public safety?

Science.gov (United States)

Humphreys, Keith

2012-01-01

The Obama Administration is striving to promote both public health and public safety by improving the public policy response to criminal offenders who have substance use disorders. This includes supporting drug courts, evidence-based probation and parole programs, addiction treatment and re-entry programs. Scientists and clinicians in the addiction field have a critical role to play in this much-needed effort to break the cycle of addiction, crime and incarceration.

Litigation, Mass Media, and the Campaign to Criminalize the Firearms Industry

Directory of Open Access Journals (Sweden)

William T. Haltom

2014-10-01

Full Text Available This article extends the co-authors’ researches on mass media coverage of crusades against manufacturers and marketers of tobacco products in the United States to media coverage of similar crusades against manufacturers and marketers of firearms in the United States. The major contention of the article is that firearms-reformers have used civil suits and allied publicity outside courts to depict firearms producers and retailers as criminals. A major tactic that has unified reformers’ efforts inside and outside courts is deployment of crimtorts, civil litigation for torts that includes elements of criminal prosecution. Crimtorts and publicity through entertainment media enabled opponents of firearms companies to lose case after case yet to damage the reputations or brands of firearms makers and marketers. The firearms interests fended off crusaders in civil action after civil action yet became portrayed as outright criminals owing mostly to crimtorts. Este artículo amplia las investigaciones de los autores sobre la cobertura mediática de las cruzadas contra productores y vendedores de tabaco en los Estados Unidos hacia la cobertura mediática de cruzadas similares contra productores y vendedores de armas de fuego en Estados Unidos. El argumento principal del artículo sostiene que los que buscan la reforma de la legislación sobre armas de fuego han utilizado las demandas civiles y la publicidad externa a los tribunales para representar a los productores y vendedores de armas de fuego como criminales. Una táctica principal que ha unido los esfuerzos de los reformistas dentro y fuera de los tribunales es el uso de crimtorts, juicios civiles para acciones por responsabilidad civil extracontractual que incluyen elementos de procesos criminales. A pesar de perder caso tras caso, los crimtorts y la publicidad en los medios de entretenimiento permitió a los oponentes a las compañías armamentísticas perjudicar la reputación o las marcas de

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.

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.

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

Directory of Open Access Journals (Sweden)

Nina Yuryevna Skripchenko

2015-09-01

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

Criminal sanctions for legal enties: An instrument of crime control

Directory of Open Access Journals (Sweden)

Jovašević Dragan

2016-01-01

's own conduct embodied either in the commission of a criminal offence or in the omission to act. Therefore, contemporary criminal laws have determined special types of criminal sanctions, such as: punishment, security measures, conditional (suspended sentence and confiscation of material gain obtained by comitting the criminal offence, as well as the instruments, proceedings and conditions under which they may be imposed. Within the framework of the forthcoming reform of the entire penal legislation in the Republic of Serbia, the Serbian legislator may use the legal solutions envisaged in the analyzed documents and criminal legislations as a solid model for implementing the international standards in the field of criminal liability of legal entities. Hence, this paper discusses the particularities governing the application of criminal sanctions for legal entities in the Republic of Serbia, particularly as an instrument of crime control.

From "brute" to "thug:" the demonization and criminalization of unarmed Black male victims in America.

Science.gov (United States)

Smiley, CalvinJohn; Fakunle, David

The synonymy of Blackness with criminality is not a new phenomenon in America. Documented historical accounts have shown how myths, stereotypes, and racist ideologies led to discriminatory policies and court rulings that fueled racial violence in a post-Reconstruction era and has culminated in the exponential increase of Black male incarceration today. Misconceptions and prejudices manufactured and disseminated through various channels such as the media included references to a " brute " image of Black males. In the 21 st century, this negative imagery of Black males has frequently utilized the negative connotation of the terminology " thug ." In recent years, law enforcement agencies have unreasonably used deadly force on Black males allegedly considered to be "suspects" or "persons of interest." The exploitation of these often-targeted victims' criminal records, physical appearances, or misperceived attributes has been used to justify their unlawful deaths. Despite the connection between disproportionate criminality and Black masculinity, little research has been done on how unarmed Black male victims, particularly but not exclusively at the hands of law enforcement, have been posthumously criminalized. This paper investigates the historical criminalization of Black males and its connection to contemporary unarmed victims of law enforcement. Action research methodology in the data collection process is utilized to interpret how Black male victims are portrayed by traditional mass media, particularly through the use of language, in ways that marginalize and de-victimize these individuals. This study also aims to elucidate a contemporary understanding of race relations, racism, and the plight of the Black male in a 21-century "post-racial" America.

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.

Carbon Monoxide Information Center

Medline Plus

Full Text Available ... Import Surveillance International Recall Guidance Civil and Criminal Penalties Federal Court Orders & ... 07, 2016 Non-Fire Carbon Monoxide Deaths Associated with the Use of Consumer Products 2012 ...

Aktuální vývoj v otázce definice zločinu agrese ve smyslu čl. 5 Ŕímského statutu Mezinárodní trestního soudu

Czech Academy of Sciences Publication Activity Database

Popenková, Monika

2008-01-01

Roč. 147, č. 5 (2008), s. 555-585 ISSN 0231-6625 R&D Projects: GA AV ČR KJB700680601 Institutional research plan: CEZ:AV0Z70680506 Keywords : crime of aggression * International Criminal Court * international law Subject RIV: AG - Legal Sciences

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

Science.gov (United States)

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

2014-08-01

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

Importance of court practice review in Russian arbitration (commercial) court proceedings

OpenAIRE

Solovyev, A.

2013-01-01

The article concerns the matters of court practice review in terms of participation in arbitration (commercial) court proceedings. The author gives general description of the system of the arbitration courts administering business and economic justice in the Russian Federation, covered the key areas and worked out the practical recommendations concerning the focal points of arranging the appropriate work in respect of review of law enforcement practice of such courts.

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.

22 CFR 1101.16 - Criminal penalties.

Science.gov (United States)

2010-04-01

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

Exploring the potential for joint training between legal professionals in the criminal justice system and health and social care professionals in the mental-health services.

Science.gov (United States)

Hean, Sarah; Heaslip, Vanessa; Warr, Jerry; Staddon, Sue

2011-05-01

Effective screening of mentally-ill defendants in the criminal court system requires cooperation between legal professionals in the criminal justice system (CJS), and health and social care workers in the mental-health service (MHS). This interagency working, though, can be problematic, as recognized in the Bradley inquiry that recommended joint training for MHS and CJS professionals. The aim of this study was to examine the experiences and attitudes of workers in the CJS and MHS to inform the development of relevant training. The method was a survey of mental-health workers and legal professionals in the court. The results showed that both agencies were uncertain of their ability to work with the other and there is little training that supports them in this. Both recognized the importance of mentally-ill defendants being dealt with appropriately in court proceedings but acknowledged this is not achieved. There is a shared willingness to sympathize with defendants and a common lack of willingness to give a definite, unqualified response on the relationship between culpability, mental-illness and punishment. Views differ around defendants' threat to security.Findings suggest there is scope to develop interprofessional training programs between the CJS and MHS to improve interagency working and eventually impact on the quality of defendants' lives. Recommendations are made on the type of joint training that could be provided.

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.

Analysis of Discourse Structure of Cases Verdict in The District Court (A Study of Legal Language

Directory of Open Access Journals (Sweden)

Usman Pakaya

2017-11-01

Full Text Available The title of this article is the discourse structure of cases verdict in the district court (a study of legal language. This article discusses several elements that compose verdict in a criminal case, such as heading, the identity of the defendant, the attorney’s indictment, witnesses’ testimony, the testimony of the accused, and the verdict statements. This study employed the qualitative method to find out the scientific facts. This article is aimed at proving that discourse structure can be used as a framework in unraveling a case verdict.

‘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.

THE DIALOGUE BETWEEN ADMINISTRATIVE COURT AND COURT OF JUSTICE OF THE EUROPEAN UNION

Directory of Open Access Journals (Sweden)

Bosilja Britvić Vetma

2014-01-01

Full Text Available This paper discusses the dialogue judges between administrative court and Court of Justice of the European Union, and determines the most important elements of this cooperation. Special attention was given preliminary ruling procedure and position of Croatian administrative courts in it. In the following paper, the relationship between tha national administrative courts, the Courts of Justice of the European Union and the European Court of Human Rights after the Treaty of Lisbon. This paper also discusses the solutions adopted in other countries, special attention was paid to the influence of French administrative law on cooperation (dialogue between the courts due to a strong influence on the development of that cooperation.

Extradition In Criminal Justice System Related To Foreign Jurisdiction

Directory of Open Access Journals (Sweden)

Jan Samuel Maringka

2017-03-01

Full Text Available On extradition law in Indonesia is based from the fact that since the adoption of the Act in 1979, there have been fundamental changes in the criminal procedure ode in Indonesia, namely the enactment of Law No. 8 of 1981 on Criminal Proceedings and has the ratification of the International Covenant on Civil and Politics Rights (International Convention on Civil and political Rights, abbreviated as ICCPR under Law No. 12 of 2005 which requires Indonesia to immediately adjust its positive legal provisions in accordance with the principles set out in the ICCPR. Considering the purpose of extradition implementation as an effort to support law enforcement process and related to examination process in extradition case which is not different from the stages of case handling process as regulated in criminal procedure law, it is necessary to affirm the concept of extradition as an integral part of the enforcement process law so that the principle of due process can be implemented consequently in the process of extradition implementation.

Domestic violence and Special Criminal Courts: analysis from the legal feminism and penal criticism perspectives

OpenAIRE

Campos, Carmen Hein de; Carvalho, Salo de

2006-01-01

Este artigo pretende demonstrar a possibilidade de análise crítica da Lei 9.099/95 a partir de dois discursos considerados marginais no campo do direito penal: o feminismo jurídico e o garantismo penal. Considerando a vítima no momento do crime e o autor do fato durante o processo penal, esses discursos interagem, procurando construir um diálogo para demonstrar a ineficácia da lei em ambas as perspectivas.This article aims at demonstrating the possibility of criticism about the criminal law (...

Rethinking Conceptual Definitions of the Criminal Career and Serial Criminality.

Science.gov (United States)

Edelstein, Arnon

2016-01-01

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

Journal of Sustainable Development Law and Policy (The) - Vol 1 ...

African Journals Online (AJOL)

An overview of the Rome Statute of the International Criminal Court: jurisdiction and complementarity principle and issues in domestic implementation in ... The legal framework for the institutionalisation of international commercial arbitration in Nigeria: a critical review · EMAIL FREE FULL TEXT EMAIL FREE FULL TEXT

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

Federal Administrative Court, judgement of December 17, 1986 (nuclear power station at international border)

International Nuclear Information System (INIS)

Anon.

1987-01-01

In its decision of December 17, 1986, the Federal Administrative Court accepted the right of action of Dutch borderers against an atomic licence for a German nuclear power plant. The necessary involvement according to sec. 42 Paragraph 2 of the Administrative Court Procedure Act results from the violation of the third party protection provision in sec. 7 Atomic Energy Act. (WG) [de

Evidence-based treatment and supervision practices for co-occurring mental and substance use disorders in the criminal justice system.

Science.gov (United States)

Peters, Roger H; Young, M Scott; Rojas, Elizabeth C; Gorey, Claire M

2017-07-01

Over seven million persons in the United States are supervised by the criminal justice system, including many who have co-occurring mental and substance use disorders (CODs). This population is at high risk for recidivism and presents numerous challenges to those working in the justice system. To provide a contemporary review of the existing research and examine key issues and evidence-based treatment and supervision practices related to CODs in the justice system. We reviewed COD research involving offenders that has been conducted over the past 20 years and provide an analysis of key findings. Several empirically supported frameworks are available to guide services for offenders who have CODs, including Integrated Dual Disorders Treatment (IDDT), the Risk-Need-Responsivity (RNR) model, and Cognitive-Behavioral Therapy (CBT). Evidence-based services include integrated assessment that addresses both sets of disorders and the risk for criminal recidivism. Although several evidence-based COD interventions have been implemented at different points in the justice system, there remains a significant gap in services for offenders who have CODs. Existing program models include Crisis Intervention Teams (CIT), day reporting centers, specialized community supervision teams, pre- and post-booking diversion programs, and treatment-based courts (e.g., drug courts, mental health courts, COD dockets). Jail-based COD treatment programs provide stabilization of acute symptoms, medication consultation, and triage to community services, while longer-term prison COD programs feature Modified Therapeutic Communities (MTCs). Despite the availability of multiple evidence-based interventions that have been implemented across diverse justice system settings, these services are not sufficiently used to address the scope of treatment and supervision needs among offenders with CODs.

Do Scandinavians Care about International Law?

DEFF Research Database (Denmark)

Wind, Marlene

2016-01-01

Although Scandinavians are often celebrated as the vanguards of human rights and international law, we know little about whether courts and judges in these countries have embraced those international courts and conventions that they themselves helped establish after the Second World War. This art......Although Scandinavians are often celebrated as the vanguards of human rights and international law, we know little about whether courts and judges in these countries have embraced those international courts and conventions that they themselves helped establish after the Second World War...... international law and courts by citing their case law. Building on this author’s previous research, it is argued that Norway sticks out as much more engaged internationally due to a solid judicial review tradition at the national level. It is also argued that Scandinavian legal positivism, has influenced a much...

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

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

Science.gov (United States)

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

2015-11-01

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

Do Scandinavian Care about international law?

DEFF Research Database (Denmark)

Wind, Marlene

2016-01-01

Although Scandinavians are often celebrated as the vanguards of human rights and international law, we know little about whether courts and judges in these countries have embraced those international courts and conventions that they themselves helped establish after the Second World War....... This article presents original and comprehensive data on three Scandinavian courts' citation practice. It demonstrates that not only do Scandinavian Supreme Courts engage surprisingly little with international law, but also that there is great variation in the degree to which they have domesticated...... international law and courts by citing their case law. Building on this author's previous research, it is argued that Norway sticks out as much more engaged internationally due to a solid judicial review tradition at the national level. It is also argued that Scandinavian legal positivism has influenced a much...

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...

Case note: Supreme Court (Netherlands) [HR] (Spaans v Iran-United States Claims Tribunal, Final appeal judgment, Case No 12627: Decision No LJN: AC9158)

NARCIS (Netherlands)

Brölmann, C.

2012-01-01

Subject(s): Privileges — Immunity from jurisdiction, international organizations — International courts and tribunals, admissibility — Compensation — International courts and tribunals, admissibility of claims. Core Issue(s): Whether under customary international law an international organization

Analysis of administrative sanctions and criminal prosecutions of doctors in Japan.

Science.gov (United States)

Okamoto, Etsuji

2005-11-01

To illustrate how administrative sanctions (AS) and criminal prosecution (CP) differ with regard to application with doctors' misconducts. A total 465 doctors who were punished twice by AS and CP were analyzed using the proportional distribution method (PDM) to break down into the charge-specific months of suspension or imprisonment. Overall, the Minister of Health, Labor & Welfare (MHLW) sanctioned doctors by suspending their licenses for twice the number of months that the court ordered for imprisonment. Charge-specific analysis of months (suspension or prison terms) revealed a different pattern of judgment. The MHLW judged obscenity more unethical, allocating a larger share of the total months of suspension to punish this misconduct, but judged bribery less unethical allocating a smaller share of the total months of suspension to punish this than the court. For traditional crimes like swindling, murder and psychostimulant abuse, both judgments followed similar patterns allocating the same share of months for punishment of such acts. CP and AS were shown to have different patterns in their judgments of doctors' crimes or misconducts reflecting the different purposes they pursue: justice by CP and ethics by AS. (186 words).

Criminal Sovereignty: Understanding North Korea’s Illicit International Activities

Science.gov (United States)

2010-03-01

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

Federal Constitutional Court - report on Court decisions 1984 no. 40-56

International Nuclear Information System (INIS)

Berkemann, J.

1985-01-01

The decision deals with the question to which extent administrative courts have to examine the case in summary proceedings against licences pursuant to Atomic Energy Law. The Federal Constitutional Court examines the question if the administrative court has, in checking the chances, misjudged the importance of the appellant's fundamental rights and thus infringed his constitutionally protected position. In this case, the Court comes to the result that after having adjusted the determined interests, the confirmation of immediate execution did not infringe the fundamental rights of the appellant. (HP) [de

Cross-Border Patent Disputes: Unified Patent Court or International Commercial Arbitration?

Directory of Open Access Journals (Sweden)

Ana Alba Betancourt

2016-04-01

Full Text Available Currently, the enforcement of a patent that is registered in several countries involves the risk of getting different and conflicting decisions from the national courts. In 2013, 25 European countries entered in an agreement that aims to homogenise the patent system by creating the European patent with unitary effect and a Unified Patent Court (UPC. This article focuses on the UPC, which aims to have a single court proceeding for cross-border patent conflicts. Does the UPC system represent an advantage compared to the current litigation system? The paper argues that it does and explores what it considers to be the two main advantages of a UPC over the current system of cross-border litigation of patents: the ability to drag several conflicts to a single procedure and the neutrality of the decision makers. These advantages are consequently compared to the characteristics of arbitration. Then, an explanation is provided with regards to how the UPC system is going to work in terms of jurisdiction, preliminary injunctions, the choice of law and enforcement of decisions, comparing those same procedural aspects to arbitration. The article finds that arbitration involves many of the same advantages (as compared to the UPC and that the procedural issues studied in both means are, so too, similar. Therefore, arbitration represents a viable alternative to the UPC when it comes to reducing the risks in solving cross-border patent conflicts.

Prosecutions of Extraterritorial Criminal Conduct and the Abuse of Rights Doctrine

Directory of Open Access Journals (Sweden)

Danielle Ireland-Piper

2013-09-01

Full Text Available Under international law, states can in certain circumstances institute domestic prosecutions over conduct occurring extraterritorially. Such exercises of extraterritorial jurisdiction sit at the crossroads of domestic and international law and can be highly controversial. This paper considers whether the abuse of rights doctrine is useful in regulating assertions of extraterritorial criminal jurisdiction. Part I introduces the principles of extraterritorial jurisdiction under international law. Part II provides examples of some of the problems that can arise in domestic prosecutions of extraterritorial criminal conduct, compromising the ability of an individual to enjoy a fair trial. Part III considers the effectiveness of the abuse of rights doctrine in providing a paradigm through which to conceptualise these problems and help protect fair trial rights.

Security and Economic Dimensions of the Transatlantic Partnership

National Research Council Canada - National Science Library

Siminiuc, Mona

2005-01-01

The transatlantic relations have been on a bumpy ride in recent years with disagreements over issues ranging from the Iraq war to the Kyoto Treaty, the arms embargo on China, and the International Criminal Court...

Judicial Reform and Commercial Justice : The Experience of Tanzania's Commercial Court

OpenAIRE

Finnegan, David Louis

2004-01-01

Policymakers in developing and transition economies recognize the important role played by judiciaries in creating an institutional environment conducive to robust private sector activity. In the case of Tanzania, the government, with the support of local business groups, international investors, and the donor community, created a specialized court dedicated to considering and resolving commercial and financial cases. The Commercial Division of the High Court of Tanzania (the "Commercial Cour...

Guarantee of Criminal Policy as Limited to Criminal Decisionism

Directory of Open Access Journals (Sweden)

María Belén Bonilla Albán

2016-06-01

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

Exceeding of Official Powers (Art. 286 of the Criminal Code of Russian Federation: Identification and Analysis of Signs of Object and Victim

Directory of Open Access Journals (Sweden)

Sergey D. Brazhnik

2014-03-01

Full Text Available In the present article authors defines attributes of object and victim in the framework of offense "abuse of power" (Article 286 of the Criminal Code of the Russian Federation and conduct comparative analysis. At the first place questions of what should be considered as object of crime in the Russian legal doctrine. Author believe that "vertical" objects are divided into general, intragenic, clan, group, specific and direct, "horizontal" - at primary, secondary and optional. Author carried out a comprehensive analysis of each object under consideration provisions of the Criminal Code of the Russian Federation. Authors give particular attention to the study of victims of this crime. According to authors, lack of the unified approach to this issue is largely generated by the procedural legislation. Author concludes that victims of the power abuse in the criminal law sense may be citizens (any individual, organizations (legal entities, irrespective of their legal form, society and the state. Based on the comprehensive analysis of legal acts, court practice and a wide range of scientific sources authors justify the appropriateness of amending Criminal Code of the Russian Federation.

La orientación sexual ante el Tribunal Europeo de Derechos Humanos // Sexual orientation before the European Court of Human Rights

Directory of Open Access Journals (Sweden)

Estela Gilbaja Cabrero

2014-11-01

Afterwards, other relevant cases are studied, in which the ECHR analyzes the alleged discrimination based on sexual orientation in connection with Articles 3 (prohibition of torture and inhuman or degrading treatment or punishment, 10 (freedom of expression and 11 (freedom of assembly and association of the Convention. The main conclusions reached at the end of the work can be summarized as follows. First of all, criminalization of homosexual relations violates the right to respect for private life. In addition, differences based on sexual orientation need especially serious reasons not to be discriminatory. Moreover, the Court declares that same-sex couples need for legal recognition and protection as well as different-sex ones. As to filiation, the Court analyzes each case conferring the States certain margin of appreciation but within narrow limits.

Immunity of international organizations

CERN Document Server

Schrijver, Nico

2015-01-01

Immunity rules are part and parcel of the law of international organizations. It has long been accepted that international organizations and their staff need to enjoy immunity from the jurisdiction of national courts. However, it is the application of these rules in practice that increasingly causes controversy. Claims against international organizations are brought before national courts by those who allegedly suffer from their activities. These can be both natural and legal persons such as companies. National courts, in particular lower courts, have often been less willing to recognize the immunity of the organization concerned than the organization s founding fathers. Likewise, public opinion and legal writings frequently criticize international organizations for invoking their immunity and for the lack of adequate means of redress for claimants. It is against this background that an international conference was organized at Leiden University in June 2013. A number of highly qualified academics and practit...

Taking of hostages as an offense in international law and Serbian regulations

Directory of Open Access Journals (Sweden)

Cmiljanić Bajo M.

2012-01-01

Full Text Available In the development of international relations, hostage-taking was carried out as an insurance against fraud, not keeping obligations, or according to the rules of war law. Earlier taking hostages was more related to armed conflicts, and in modern times it is more related to terrorist acts in international terrorism. The taking of hostages is an international offense, which has its essential elements and characteristics. It is a crime punishable under the national legislation of many countries, and taking of hostages in armed conflicts is a war crime for which the International Criminal Court is responsible. International terrorism is manifested through a variety of terrorist acts, which, through fear and panic aim to achieve a political purpose. The range of these terrorist acts is wide and varied. One of these terrorist activities is the taking of hostages. As an offense established by the norms of international law, this unlawful act must be specifically investigated and clarified, which is the goal of this paper. This paper gives an overview of the features and elements of the offense in the light of international law and the laws of the Republic of Serbia.

RENEWAL OF CRIMINAL LAW AGAINST ABUSE OF CREDIT CARDS

Directory of Open Access Journals (Sweden)

Eka Nugraha

2015-07-01

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

INTERNATIONAL V. UNITED STATES COURTS: IN SEARCH OF A RIGHT AND A REMEDY IN ARTICLE 36 OF THE VIENNA CONVENTION ON CONSULAR RELATIONS

OpenAIRE

Rincón Eizaga, Lorena; Ministerio de Ciencia y tecnología de Venezuela

2006-01-01

This paper seeks to analyze whether Article 36 (1) (b) of the Vienna Convention on Consular Relations (1963) confers an individual right to consular notification upon detained foreign nationals under international and U.S. courts decisions, and if such right is to be considered a human right in the current state of international law. This paper will further analyze whether  characterizing consular notification as a fundamental human right would make a difference regarding the remedies that sh...

我國地方法院刑事醫療糾紛判決的實證分析：2000年至2010年 An Empirical Study of Medical Malpractice Judgments from District Criminal Courts in Taiwan: 2000-2010

Directory of Open Access Journals (Sweden)

劉邦揚 Pang-Yang Liu

2011-12-01

Full Text Available 本文以法學實證研究方法進行撰寫，並全面性地蒐集我國自 2000 年1月1 日起至2010 年6 月30 日止，所有地方法院作成的刑事醫療糾紛判決書，並且擷取判決書中之客觀可辨的資訊進行建檔，利用統計軟體SPSS 17.0版進行描述性統計分析與推論性統計，期待真實呈現地方法院刑事醫療糾紛的訴訟現況。本研究共蒐集到277 個刑事判決，計380 名具醫師身分之被告，並發現此類訴訟有著「低定罪率」與「高自訴比率」等特徵，足供醫療糾紛研究者加以關注。 Recently, the debate on decriminalization of medical malpractice has received mounting attentions in both medical and law communities. An increasing number of studies try to analyze different aspects of the issue for future criminal law revision. However, the existing literature focuses mainly on theoretical discussion. Of the limited legal empirical studies, they are mostly limited in study scope and number of cases analyzed. Due to the limitations in study scope and size, previous findings may not reflect the true picture of medical malpractice lawsuits in Taiwan over time. Therefore, we aimed to conduct a population-based study to analyze characteristics, process, and court decisions of medical malpractice lawsuits in Taiwan. The “Law Bank” database was used to search all the district criminal court’s medical malpractice judgments from 21 district courts in Taiwan during the period of January 1st, 2000 to June 30th, 2010. Exclusion criteria were applied. A total of 277 eligible cases and 380 physician-defendants were included. Contents of each court judgment were analyzed and description statistical methods were applied. Factors affecting judgment was revealed by chi-square test and logistic regression analysis. In general, medical malpractice lawsuits had a low conviction rate, the punishment tended to be trivial, and when patient hurt from medical

The Impact of Teen Court on Rural Adolescents: Improved Social Relationships, Psychological Functioning, and School Experiences.

Science.gov (United States)

Smokowski, Paul R; Rose, Roderick A; Evans, Caroline B R; Barbee, James; Cotter, Katie L; Bower, Meredith

2017-08-01

Teen Court is a prevention program aimed at diverting first time juvenile offenders from the traditional juvenile justice system and reintegrating them into the community. Few studies have examined if Teen Court impacts adolescent functioning. We examined how Teen Court participation impacted psychosocial functioning, social relationships, and school experiences in a sample of 392 rural Teen Court participants relative to two comparison samples, one from the same county as Teen Court (n = 4276) and one from a neighboring county (n = 3584). We found that Teen Court has the potential to decrease internalizing symptoms, externalizing behavior, violent behavior, parent-adolescent conflict, and delinquent friends, and increase self-esteem and school satisfaction.

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

The participation of juvenile defendants in the youth court. A comparative study of juvenile justice procedures in Europe

NARCIS (Netherlands)

Rap, S.E.

2013-01-01

This study revolves around the issue of the participation of juvenile defendants in the youth court. The European Court of Human Rights has put forward the notion that defendants should be able to participate effectively in a court hearing. Moreover, in international children’s rights law it is

PROCEDURAL NORMS AND SUBSTANTIVE NORMS: THE PRIMACY OF JUS COGENS NORMS AND UNDERSTANDING OF THE INTERNATIONAL COURT OF JUSTICE

Directory of Open Access Journals (Sweden)

Elisa Resende Bueno Da Fonseca

2015-12-01

Full Text Available The purpose of this paper is to analyze the relationship between the procedural rule of State immunity and substantive rule of jus cogens prohibiting torture and slave labor in the case Germany v. Italy judged by the International Court of Justice in 2012. Notwithstanding the recognized superiority of peremptory norms, in the case, its analysis was impeded by application of the procedural rule of immunity. The suppression of the rule that expresses the higher values of the international community resulted in manifest injustice and impunity. Through detailed analysis of the characteristics and effects substantive rules of jus cogens, as well as its distinction of rules of procedural character, and considering the theoretical framework humanization of international law, this work states that the contemporary international law does not allow a procedural rule prevents the application of a substantive rule of jus cogens, exactly by the supreme value this last protects: the human being.

La persecución de las violaciones del derecho internacional humanitario en el contexto de los conflictos armados internos: el caso de Birmania ante la jurisdicción universal en España

Directory of Open Access Journals (Sweden)

José Elías Esteve Moltó

2011-01-01

Full Text Available Several cases of grave breaches of the Geneva Conventions have been prosecuted by Spanish courts according to universal jurisdiction principle. However, while it was being reformed Article 23.4 of the Spanish Organic Law on the Judiciary, it was denounced before the Audiencia Nacional, war crimes committed by Burmese Military Junta. Although the case was rejected due to the lack of connections to Spanish interests, ignoring customary international humanitarian law, it remains unanswered by the Spanish Supreme Court and Constitutional Court, if Spanish jurisdiction can enforce individual criminal responsibilities for the commission of war crimes in the context of internal armed conflicts

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.