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Sample records for micha udwin criminalizing

  1. Leonor Michaelis and Maud Leonora Menten

    Indian Academy of Sciences (India)

    IAS Admin

    Michaelis and Menten's classic paper titled 'Die Kinetik der Invertin wirkung', published ... world is complete without a discussion of the Michaelis–Menten Equation. .... This famous equation must be explored and appreciated in broader contexts.

  2. Michaelis' hundred Questions and the Royal Instructions

    DEFF Research Database (Denmark)

    Friis, Ib

    2017-01-01

    Michaelis' 100 questions for the expedition is a remarkable document. It provides insight into the sources and methods of biblical research anno 1762, at the same time as highlighting the challenges the members of the expedition faced. As the scholarly foundation of the expedition, the questions ...

  3. Michaelis' Hundred Questions and the Royal Instruction

    DEFF Research Database (Denmark)

    Friis, Ib

    2015-01-01

    Michaelis' 100 questions for the expedition is a remarkable document. It provides insight into the sources and methods of biblical research anno 1762, at the same time as highlighting the challenges the members of the expedition faced. As the scholarly foundation of the expedition, the questions ...

  4. The Michaelis-Menten-Stueckelberg Theorem

    Directory of Open Access Journals (Sweden)

    Alexander N. Gorban

    2011-05-01

    Full Text Available We study chemical reactions with complex mechanisms under two assumptions: (i intermediates are present in small amounts (this is the quasi-steady-state hypothesis or QSS and (ii they are in equilibrium relations with substrates (this is the quasiequilibrium hypothesis or QE. Under these assumptions, we prove the generalized mass action law together with the basic relations between kinetic factors, which are sufficient for the positivity of the entropy production but hold even without microreversibility, when the detailed balance is not applicable. Even though QE and QSS produce useful approximations by themselves, only the combination of these assumptions can render the possibility beyond the “rarefied gas” limit or the “molecular chaos” hypotheses. We do not use any a priori form of the kinetic law for the chemical reactions and describe their equilibria by thermodynamic relations. The transformations of the intermediate compounds can be described by the Markov kinetics because of their low density (low density of elementary events. This combination of assumptions was introduced by Michaelis and Menten in 1913. In 1952, Stueckelberg used the same assumptions for the gas kinetics and produced the remarkable semi-detailed balance relations between collision rates in the Boltzmann equation that are weaker than the detailed balance conditions but are still sufficient for the Boltzmann H-theorem to be valid. Our results are obtained within the Michaelis-Menten-Stueckelbeg conceptual framework.

  5. 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....

  6. 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...

  7. Reexamining Michaelis-Menten Enzyme Kinetics for Xanthine Oxidase

    Science.gov (United States)

    Bassingthwaighte, James B.; Chinn, Tamara M.

    2013-01-01

    Abbreviated expressions for enzyme kinetic expressions, such as the Michaelis-Menten (M-M) equations, are based on the premise that enzyme concentrations are low compared with those of the substrate and product. When one does progress experiments, where the solute is consumed during conversion to form a series of products, the idealized conditions…

  8. Una carta de doña Carolina Michaelis

    Directory of Open Access Journals (Sweden)

    José Fradejas Lebrero

    2003-06-01

    Full Text Available Uno de los tres filólogos o críticos literarios más importantes de la Literatura peninsular del siglo XX es doña Carolina Michaelis de Vasconcellos. Cuando se crea la Gesellschaf für Romanische Literatur (1902, los tres van juntos: el socio num. 4 es don Marcelino Menendez Pelayo, el num. 5 don Ramón Menendez Pidal y el num. 6 doña Carolina Michaelis y conste que era más vieja, pues había nacido en 1851 y aún no era doctora, lo sería en Friburgo en 1904, con una obra monumental y maestra: la edición y estudio del Cancionero de Ajuda. Había ya colaborado en el Homenaje a Menendez Pelayo (1899, con quien se carteaba de cuando en cuando y en 1903 proporcionó el texto más interesante de la Leyenda del abad don Juan de Montemayor a don Ramón Menendez Pidal…

  9. Criminal Compliance

    Directory of Open Access Journals (Sweden)

    Cristina Antonella Andretta

    2015-10-01

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

  10. Tourist criminality

    OpenAIRE

    Jakovlev, Zlatko; Koteski, Cane; Dimitrov, Nikola

    2015-01-01

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

  11. Criminal law

    International Nuclear Information System (INIS)

    Silva, J.M. da.

    1979-01-01

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

  12. 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...

  13. Michaelis' hundrede spørgsmål og Den Kongelige Instruks

    DEFF Research Database (Denmark)

    Friis, Ib

    2017-01-01

    Michaelis' Fragen med de 100 spørgsmål til rejseselskabet er et forunderligt dokument. Det giver et bredt indblik i bibelforkningens kilder og metoder anno 1762, og tegner samtidig klart de udfordringer, som de rejsende stod overfor. Som ekspeditionens videnskabelige fundament er Fragen afgørende...

  14. Efficient and 'green' microwave-assisted synthesis of haloalkylphosphonates via the Michaelis-Arbuzov reaction

    Czech Academy of Sciences Publication Activity Database

    Jansa, Petr; Holý, Antonín; Dračínský, Martin; Baszczyňski, Ondřej; Česnek, Michal; Janeba, Zlatko

    2011-01-01

    Roč. 13, č. 4 (2011), s. 882-888 ISSN 1463-9262 R&D Projects: GA AV ČR KJB400550903; GA MŠk 1M0508 Institutional research plan: CEZ:AV0Z40550506 Keywords : microwave-assisted synthesis * haloalkylphosphonates * Michaelis-Arbuzov reaction Subject RIV: CC - Organic Chemistry Impact factor: 6.320, year: 2011

  15. Criminal Justice in America.

    Science.gov (United States)

    Croddy, Marshall; And Others

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

  16. 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

  17. Stability in a Simple Food Chain System with Michaelis-Menten Functional Response and Nonlocal Delays

    Directory of Open Access Journals (Sweden)

    Wenzhen Gan

    2013-01-01

    Full Text Available This paper is concerned with the asymptotical behavior of solutions to the reaction-diffusion system under homogeneous Neumann boundary condition. By taking food ingestion and species' moving into account, the model is further coupled with Michaelis-Menten type functional response and nonlocal delay. Sufficient conditions are derived for the global stability of the positive steady state and the semitrivial steady state of the proposed problem by using the Lyapunov functional. Our results show that intraspecific competition benefits the coexistence of prey and predator. Furthermore, the introduction of Michaelis-Menten type functional response positively affects the coexistence of prey and predator, and the nonlocal delay is harmless for stabilities of all nonnegative steady states of the system. Numerical simulations are carried out to illustrate the main results.

  18. Carolina Michaëlis o los saberes de la Filología

    Directory of Open Access Journals (Sweden)

    Joaquín Rubio Tovar

    2005-06-01

    Full Text Available Two important international conferences (Berlin, Santiago on the work of Carolina Michaëlis have been held in recent years. The papers collected value her work within the historical background when it was carried out. Besides, they review the validity of her approach and analysis and present some modem contributions to the fields which she studied, particularly the Cancioneiro da Ajuda.

  19. Criminal Justice Transitions

    OpenAIRE

    McAra, Lesley; McVie, Susan

    2007-01-01

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

  20. Criminal aspects domestic violence

    OpenAIRE

    Smetanová, Kristina

    2013-01-01

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

  1. Psychology and criminal justice

    OpenAIRE

    Adler, Joanna R.

    2013-01-01

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

  2. At the centennial of Michaelis and Menten, competing Michaelis-Menten steps explain effect of GLP-1 on blood-brain transfer and metabolism of glucose.

    Science.gov (United States)

    Gejl, Michael; Rungby, Jørgen; Brock, Birgitte; Gjedde, Albert

    2014-08-01

    Glucagon-like peptide-1 (GLP-1) is a potent insulinotropic incretin hormone with both pancreatic and extrapancreatic effects. Studies of GLP-1 reveal significant effects in regions of brain tissue that regulate appetite and satiety. GLP-1 mimetics are used for the treatment of type 2 diabetes mellitus. GLP-1 interacts with peripheral functions in which the autonomic nervous system plays an important role, and emerging pre-clinical findings indicate a potential neuroprotective role of the peptide, for example in models of stroke and in neurodegenerative disorders. A century ago, Leonor Michaelis and Maud Menten described the steady-state enzyme kinetics that still apply to the multiple receptors, transporters and enzymes that define the biochemical reactions of the brain, including the glucose-dependent impact of GLP-1 on blood-brain glucose transfer and metabolism. This MiniReview examines the potential of GLP-1 as a molecule of interest for the understanding of brain energy metabolism and with reference to the impact on brain metabolism related to appetite and satiety regulation, stroke and neurodegenerative disorders. These effects can be understood only by reference to the original formulation of the Michaelis-Menten equation as applied to a chain of kinetically controlled steps. Indeed, the effects of GLP-1 receptor activation on blood-brain glucose transfer and brain metabolism of glucose depend on the glucose concentration and relative affinities of the steps both in vitro and in vivo, as in the pancreas. © 2014 Nordic Association for the Publication of BCPT (former Nordic Pharmacological Society).

  3. The International Criminal Court

    DEFF Research Database (Denmark)

    Damgaard, Ciara Therése

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

  4. Michaël Jackson, un people précurseur

    OpenAIRE

    Dubied, Annik; Gorin, Valérie

    2009-01-01

    En parcourant la presse people parue au moment du décès du King of Pop, on observe à quel point Michaël Jackson a été et restera un personnage people précurseur. La titraille, les photographies et la mise en page d'une série de magazines francophones et anglo-saxons présentent un certain nombre de particularités qui résonnent à l'unisson avec la définition du genre people.

  5. Classical Michaelis-Menten and system theory approach to modeling metabolite formation kinetics.

    Science.gov (United States)

    Popović, Jovan

    2004-01-01

    When single doses of drug are administered and kinetics are linear, techniques, which are based on the compartment approach and the linear system theory approach, in modeling the formation of the metabolite from the parent drug are proposed. Unlike the purpose-specific compartment approach, the methodical, conceptual and computational uniformity in modeling various linear biomedical systems is the dominant characteristic of the linear system approach technology. Saturation of the metabolic reaction results in nonlinear kinetics according to the Michaelis-Menten equation. The two compartment open model with Michaelis-Menten elimination kinetics is theorethicaly basic when single doses of drug are administered. To simulate data or to fit real data using this model, one must resort to numerical integration. A biomathematical model for multiple dosage regimen calculations of nonlinear metabolic systems in steady-state and a working example with phenytoin are presented. High correlation between phenytoin steady-state serum levels calculated from individual Km and Vmax values in the 15 adult epileptic outpatients and the observed levels at the third adjustment of phenytoin daily dose (r=0.961, p<0.01) were found.

  6. Civil & Criminal Penalties

    Data.gov (United States)

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

  7. Dentistry and criminal law.

    Science.gov (United States)

    Khoury, B S; Khoury, J N

    2017-09-01

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

  8. 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...

  9. Euthanasia and criminal law

    OpenAIRE

    Ullrichová, Petra

    2008-01-01

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

  10. Redox-dependent substrate-cofactor interactions in the Michaelis-complex of a flavin-dependent oxidoreductase

    Science.gov (United States)

    Werther, Tobias; Wahlefeld, Stefan; Salewski, Johannes; Kuhlmann, Uwe; Zebger, Ingo; Hildebrandt, Peter; Dobbek, Holger

    2017-07-01

    How an enzyme activates its substrate for turnover is fundamental for catalysis but incompletely understood on a structural level. With redox enzymes one typically analyses structures of enzyme-substrate complexes in the unreactive oxidation state of the cofactor, assuming that the interaction between enzyme and substrate is independent of the cofactors oxidation state. Here, we investigate the Michaelis complex of the flavoenzyme xenobiotic reductase A with the reactive reduced cofactor bound to its substrates by X-ray crystallography and resonance Raman spectroscopy and compare it to the non-reactive oxidized Michaelis complex mimics. We find that substrates bind in different orientations to the oxidized and reduced flavin, in both cases flattening its structure. But only authentic Michaelis complexes display an unexpected rich vibrational band pattern uncovering a strong donor-acceptor complex between reduced flavin and substrate. This interaction likely activates the catalytic ground state of the reduced flavin, accelerating the reaction within a compressed cofactor-substrate complex.

  11. The sociology of language in Johann David Michaelis's dissertation of 1760.

    Science.gov (United States)

    Smith, R N

    1976-10-01

    In 1759 Johann David Michaelis won a prize from the Prussian Royal Academy for his essay Beantwortung der Frage von dem Einfluss der Meinungen in die Sprache, und der sprache in die Meinungen. The essay was published in the following year and translated into French in 1762, into English in 1769, and into Dutch in 1771. The work has two major themes--linguistic relativity and language change--with ancillary discussions of language in general and of homonymy. Its most significant contribution to the theory of language is its discussion of linguistic relativity, especially in its manifestations in the influence of language on thought. Given the intellectual milieu of the work where inquiry was centered on the origin of language and language universals, it stands as one of the few discussions of this topic and it is also one of the most fruitful discussions of linguistic relativity for any period of history.

  12. Aarne Michaël Tallgren and the International Discussion on the Bronze Age of Russia

    Directory of Open Access Journals (Sweden)

    Timo Salminen

    2017-04-01

    Full Text Available This paper is on international scholarly discussion on the Bronze Age of Russia from 1908 until 1939, and in particular on the related role of the internationally renowned Finnish archaeologist Aarne Michaël Tallgren (1885–1945. How did a social network of researchers produce new interpretations and what were the key factors that distinguished the participants in the discussion? Was it a continuous process or a series of sudden changes? How did different ideological backgrounds influence the interpretations? In Western Europe, Tallgren’s most important interlocutors were Gero von Merhart, V Gordon Childe and Ellis H Minns, and in Russia V A Gorodcov and A A Spicyn. The paper is mainly based on correspondence between Tallgren and his colleagues.

  13. Diffusion influence on Michaelis Menten kinetics: II. The low substrate concentration limit

    Science.gov (United States)

    Kim, Hyojoon; Shin, Kook Joe

    2007-02-01

    The diffusion-influenced Michaelis-Menten kinetics in the low substrate concentration limit is studied in one and three dimensions. For the initial pair distribution of enzyme and substrate, we obtain the exact analytical results. We find that at short times the diffusion effect can make the reaction rate faster. The concentration deviations of the substrate and enzyme show t-1/2 and t-3/2 power-law behaviours in one and three dimensions, respectively, at long times. On the other hand, the average lifetime of the intermediate is independent of the initial state in one dimension, while it depends on the initial state in three dimensions. The ultimate production yield approaches unity in one dimension but it reaches a different value depending on other parameters in three dimensions. We also obtain the analytical results for the initial random distribution.

  14. Diffusion influence on Michaelis-Menten kinetics: II. The low substrate concentration limit

    International Nuclear Information System (INIS)

    Kim, Hyojoon; Shin, Kook Joe

    2007-01-01

    The diffusion-influenced Michaelis-Menten kinetics in the low substrate concentration limit is studied in one and three dimensions. For the initial pair distribution of enzyme and substrate, we obtain the exact analytical results. We find that at short times the diffusion effect can make the reaction rate faster. The concentration deviations of the substrate and enzyme show t -1/2 and t -3/2 power-law behaviours in one and three dimensions, respectively, at long times. On the other hand, the average lifetime of the intermediate is independent of the initial state in one dimension, while it depends on the initial state in three dimensions. The ultimate production yield approaches unity in one dimension but it reaches a different value depending on other parameters in three dimensions. We also obtain the analytical results for the initial random distribution

  15. 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

  16. 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.

  17. Criminal aspects of domestic violence

    OpenAIRE

    Váňová, Radka

    2013-01-01

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

  18. Low birth rates and reproductive skew limit the viability of Europe’s captive eastern black rhinoceros, Diceros bicornis michaeli

    NARCIS (Netherlands)

    Edwards, K.L.; Walker, S.L.; Durham, A.E.; Pilgrim, M.; Ouma, B.O.; Shultz, S.

    2015-01-01

    Ex situ populations play a critical role for the conservation of endangered species, especially where in situ populations face imminent threats. For such populations to act as vital reserves, they must be viable and sustainable. Eastern black rhinoceros (Diceros bicornis michaeli) epitomise the

  19. 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

  20. Criminal Justice Web Sites.

    Science.gov (United States)

    Dodge, Timothy

    1998-01-01

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

  1. Managing Criminal Investigations.

    Science.gov (United States)

    Bloch, Peter B.; Weidman, Donald R.

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

  2. Stability estimation of autoregulated genes under Michaelis-Menten-type kinetics

    Science.gov (United States)

    Arani, Babak M. S.; Mahmoudi, Mahdi; Lahti, Leo; González, Javier; Wit, Ernst C.

    2018-06-01

    Feedback loops are typical motifs appearing in gene regulatory networks. In some well-studied model organisms, including Escherichia coli, autoregulated genes, i.e., genes that activate or repress themselves through their protein products, are the only feedback interactions. For these types of interactions, the Michaelis-Menten (MM) formulation is a suitable and widely used approach, which always leads to stable steady-state solutions representative of homeostatic regulation. However, in many other biological phenomena, such as cell differentiation, cancer progression, and catastrophes in ecosystems, one might expect to observe bistable switchlike dynamics in the case of strong positive autoregulation. To capture this complex behavior we use the generalized family of MM kinetic models. We give a full analysis regarding the stability of autoregulated genes. We show that the autoregulation mechanism has the capability to exhibit diverse cellular dynamics including hysteresis, a typical characteristic of bistable systems, as well as irreversible transitions between bistable states. We also introduce a statistical framework to estimate the kinetics parameters and probability of different stability regimes given observational data. Empirical data for the autoregulated gene SCO3217 in the SOS system in Streptomyces coelicolor are analyzed. The coupling of a statistical framework and the mathematical model can give further insight into understanding the evolutionary mechanisms toward different cell fates in various systems.

  3. Michaelis kinetic analysis of extracellular cellulase and amylase excreted by Lactobacillus plantarum during cassava fermentation

    Science.gov (United States)

    Frediansyah, Andri; Kurniadi, Muhamad

    2017-01-01

    Our previous study reveal that single culture of Lactobacillus plantarum has ability to ferment cassava tuber in relation to produce modified cassava flour (mocaf). It was used to accelerate a fermentation process. L. plantarum grow well and produce some extracellular enzymes i.e. cellulase to change the structure and breakdown the cell wall of cassava tuber. Then, the starchy materials will be hydrolyzed by i.e. amylase into simple sugar and convert to organic acid. All of these process will give new characteristic of cassava i.e. lower fiber content, good flavor, taste, aroma and texture and the amount of cyanide acid is lower. Therefore this present study was to analyze Michaelis kinetics of extracellular carboxymethyl cellulase and amylase production by L. plantarum during cassava fermentation. The maximum carboxymethyl cellulase and amylase activity of 8.60 U/ml and 14.07 U/ml, respectively, were obtained from filtrate which has been incubated at 37°C for 18 h under stationary conditions. The Vmax and Km of CMCase were 0.8506 × 10-3 U/ml and 0.9594 × 10-3 g/mL, respectively. For amylase were 9.291 × 10-3 U/ml and 0.9163 × 10-3 g/ml, respectively.

  4. Criminal Justice History

    Directory of Open Access Journals (Sweden)

    Thomas Krause

    2005-01-01

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

  5. Pathological gambling and criminality.

    Science.gov (United States)

    Folino, Jorge Oscar; Abait, Patricia Estela

    2009-09-01

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

  6. Michał Kalecki i problem racjonalnej alokacji zasobów w socjalizmie

    Directory of Open Access Journals (Sweden)

    Damian Winczewski

    2015-06-01

    Full Text Available Celem artykułu jest rekonstrukcja poglądów Michała Kaleckiego i jego zwolenników na temat racjonalnej kalkulacji i alokacji zasobów w gospodarce socjalistycznej, a także próba zestawienia tych poglądów z poglądami zwolenników zarówno kapitalizmu, jak i alternatywnych modeli socjalizmu. Pod tym kątem przeanalizowano artykuły polskiego ekonomisty dotyczące schematu tworzenia się cen w kapitalizmie i socjalizmie, roli klasy robotniczej oraz systemu bodźców i sposobu zarządzania gospodarką. W artykule omówiono też poglądy autorów, którzy bazując na pracach Kaleckiego, podjęli się polemiki z obiegową narracją wyjaśniającą porażkę realnego socjalizmu. Zarówno realny kapitalizm, jak i realny socjalizm zmagają się z problemami niedoskonałej informacji i miękkich budżetów, nie istnieje również doskonały model zarządzania gospodarką, w związku z tym nie są to bezpośrednie przyczyny niepowodzenia projektu socjalistycznego. Oprócz problemu innowacji i optymalnych nakładów inwestycyjnych z perspektywy kaleckiańskiej zasadniczym problemem socjalizmu wydaje się ustanowienie właściwych stosunków produkcji w marksistowskim sensie, rozumianych jako zdemokratyzowanie relacji pomiędzy klasą robotniczą a warstwą zarządzającą produkcją.

  7. 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...

  8. Racial Profiling and Criminal Justice

    DEFF Research Database (Denmark)

    Ryberg, Jesper

    2011-01-01

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

  9. Drones in (Slovene) criminal investigation

    OpenAIRE

    Boštjan, Slak

    2016-01-01

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

  10. Addiction between therapy and criminalization.

    Science.gov (United States)

    Birklbauer, Alois; Schmidthuber, Kathrin

    2014-12-01

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

  11. 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

  12. [The pedophilic criminal].

    Science.gov (United States)

    Heim, M; Morgner, J

    1985-02-01

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

  13. Biphasic character of ribosomal translocation and non-Michaelis-Menten kinetics of translation

    Science.gov (United States)

    Xie, Ping

    2014-12-01

    We study theoretically the kinetics of mRNA translocation in the wild-type (WT) Escherichia coli ribosome, which is composed of a small 30 S and large 50 S subunit, and the ribosomes with mutations to some intersubunit bridges such as B1a, B4, B7a, and B8. The theoretical results reproduce well the available in vitro experimental data on the biphasic kinetics of the forward mRNA translocation catalyzed by elongation factor G (EF-G) hydrolyzing GTP, which can be best fit by the sum of two exponentials, and the monophasic kinetics of the spontaneous reverse mRNA translocation in the absence of the elongation factor, which can be best fit by a single-exponential function, in both the WT and mutant ribosomes. We show that both the mutation-induced increase in the maximal rate of the slow phase for the forward mRNA translocation and that in the rate of the spontaneous reverse mRNA translocation result from a reduction in the intrinsic energy barrier to resist the rotational movements between the two subunits, giving the same degree of increase in the two rates. The mutation-induced increase in the maximal rate of the fast phase for the forward mRNA translocation results mainly from the increase in the rate of the ribosomal unlocking, a conformational change in the ribosome that widens the mRNA channel for the mRNA translocation to take place, which could be partly due to the effect of the mutation on the intrasubunit 30S head rotation. Moreover, we study the translation rate of the WT and mutant ribosomes. It is shown that the translation rate versus the concentration of EF-G-GTP does not follow the Michaelis-Menten (MM) kinetics, which is in sharp contrast to the general property of other enzymes that the rate of the enzymatic reaction versus the concentration of a substrate follows the MM kinetics. The physical origin of this non-MM kinetics for the ribosome is revealed.

  14. In memory of Professor Leonor Michaelis in Nagoya: great contributions to biochemistry in Japan in the first half of the 20th century.

    Science.gov (United States)

    Nagatsu, Toshiharu Toshi

    2013-09-02

    Leonor Michaelis spent the years of 1922-1926 as Professor of Biochemistry of the Aichi Medical College (now Graduate School of Medicine, Nagoya University) in Nagoya, Japan. Michaelis succeeded in gathering many bright young biochemists from all over Japan into his laboratory, and made tremendous contributions to the promotion of biochemistry in Japan. Michaelis was invited to many places in Japan to present lectures over those years. Kunio Yagi, who was Professor of Biochemistry at Nagoya University in the second half of the 20th century, succeeded in crystallizing the "Michaelis" enzyme-substrate complex. Historically, Michelis has had an enormous impact on biochemistry in Japan. Copyright © 2013 Federation of European Biochemical Societies. Published by Elsevier B.V. All rights reserved.

  15. Defendants' Rights in Criminal Trials.

    Science.gov (United States)

    Martin, Ralph C., II; Keeley, Elizabeth

    1997-01-01

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

  16. Drug Use and Criminal Behavior

    Science.gov (United States)

    Fink, Ludwig; Hyatt, Murray P.

    1978-01-01

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

  17. 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.

  18. 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...

  19. Constitutional collisions of criminal law

    Directory of Open Access Journals (Sweden)

    Sergey M. Inshakov

    2016-12-01

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

  20. 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.

  1. CRIMINAL PROTECTION OF PRIVATE LIFE

    Directory of Open Access Journals (Sweden)

    RADU SLAVOIU

    2012-05-01

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

  2. 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”

  3. Exact and approximate solutions for the decades-old Michaelis-Menten equation: Progress-curve analysis through integrated rate equations.

    Science.gov (United States)

    Goličnik, Marko

    2011-01-01

    The Michaelis-Menten rate equation can be found in most general biochemistry textbooks, where the time derivative of the substrate is a hyperbolic function of two kinetic parameters (the limiting rate V, and the Michaelis constant K(M) ) and the amount of substrate. However, fundamental concepts of enzyme kinetics can be difficult to understand fully, or can even be misunderstood, by students when based only on the differential form of the Michaelis-Menten equation, and the variety of methods available to calculate the kinetic constants from rate versus substrate concentration "textbook data." Consequently, enzyme kinetics can be confusing if an analytical solution of the Michaelis-Menten equation is not available. Therefore, the still rarely known exact solution to the Michaelis-Menten equation is presented here through the explicit closed-form equation in terms of the Lambert W(x) function. Unfortunately, as the W(x) is not available in standard curve-fitting computer programs, the practical use of this direct solution is limited for most life-science students. Thus, the purpose of this article is to provide analytical approximations to the equation for modeling Michaelis-Menten kinetics. The elementary and explicit nature of these approximations can provide students with direct and simple estimations of kinetic parameters from raw experimental time-course data. The Michaelis-Menten kinetics studied in the latter context can provide an ideal alternative to the 100-year-old problems of data transformation, graphical visualization, and data analysis of enzyme-catalyzed reactions. Hence, the content of the course presented here could gradually become an important component of the modern biochemistry curriculum in the 21st century. Copyright © 2011 Wiley Periodicals, Inc.

  4. Criminal Law Study Guide (Revision)

    National Research Council Canada - National Science Library

    1998-01-01

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

  5. Handedness, criminality, and sexual offending.

    Science.gov (United States)

    Bogaert, A F

    2001-01-01

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

  6. Profiling, Screening and Criminal Recruitment

    OpenAIRE

    Christopher Cotton; Cheng Li

    2012-01-01

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

  7. Criminal Aspects of Artificial Abortion

    OpenAIRE

    Hartmanová, Leona

    2016-01-01

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

  8. Murder in French criminal law

    Directory of Open Access Journals (Sweden)

    Jovašević Dragan

    2015-01-01

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

  9. Patterns induced by super cross-diffusion in a predator-prey system with Michaelis-Menten type harvesting.

    Science.gov (United States)

    Liu, Biao; Wu, Ranchao; Chen, Liping

    2018-04-01

    Turing instability and pattern formation in a super cross-diffusion predator-prey system with Michaelis-Menten type predator harvesting are investigated. Stability of equilibrium points is first explored with or without super cross-diffusion. It is found that cross-diffusion could induce instability of equilibria. To further derive the conditions of Turing instability, the linear stability analysis is carried out. From theoretical analysis, note that cross-diffusion is the key mechanism for the formation of spatial patterns. By taking cross-diffusion rate as bifurcation parameter, we derive amplitude equations near the Turing bifurcation point for the excited modes by means of weakly nonlinear theory. Dynamical analysis of the amplitude equations interprets the structural transitions and stability of various forms of Turing patterns. Furthermore, the theoretical results are illustrated via numerical simulations. Copyright © 2018. Published by Elsevier Inc.

  10. 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.

  11. Criminal Liability for Human Abduction​

    Directory of Open Access Journals (Sweden)

    Vyacheslav N. Voronin

    2017-08-01

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

  12. Neurologic disorder and criminal responsibility.

    Science.gov (United States)

    Yaffe, Gideon

    2013-01-01

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

  13. 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....

  14. The European Union and National Criminal Law

    DEFF Research Database (Denmark)

    Greve, Vagn

    1995-01-01

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

  15. 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.

  16. 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...

  17. 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

  18. Interpreter in Criminal Cases: Allrounders First!

    Science.gov (United States)

    Frid, Arthur

    1974-01-01

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

  19. 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

  20. Cultural Cleavage and Criminal Justice.

    Science.gov (United States)

    Scheingold, Stuart A.

    1978-01-01

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

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

    Directory of Open Access Journals (Sweden)

    R. Larrotta-Castillo

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

  2. The Execution of Criminal Fine Penalty

    Directory of Open Access Journals (Sweden)

    Cosmin Peneoașu

    2014-05-01

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

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

    Science.gov (United States)

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

    2017-08-01

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

  4. 'In-Crystallo' Capture of a Michaelis Complex And Product Binding Modes of a Bacterial Phosphotriesterase

    Energy Technology Data Exchange (ETDEWEB)

    Jackson, C.J.; Foo, J.-L.; Kim, H.-K.; Carr, P.D.; Liu, J.-W.; Salem, G.; Ollis, D.L.

    2009-05-18

    The mechanism by which the binuclear metallophosphotriesterases (PTEs, E.C. 3.1.8.1) catalyse substrate hydrolysis has been extensively studied. The {mu}-hydroxo bridge between the metal ions has been proposed to be the initiating nucleophile in the hydrolytic reaction. In contrast, analysis of some biomimetic systems has indicated that {mu}-hydroxo bridges are often not themselves nucleophiles, but act as general bases for freely exchangeable nucleophilic water molecules. Herein, we present crystallographic analyses of a bacterial PTE from Agrobacterium radiobacter, OpdA, capturing the enzyme-substrate complex during hydrolysis. This model of the Michaelis complex suggests the alignment of the substrate will favor attack from a solvent molecule terminally coordinated to the {alpha}-metal ion. The bridging of both metal ions by the product, without disruption of the {mu}-hydroxo bridge, is also consistent with nucleophilic attack occurring from the terminal position. When phosphodiesters are soaked into crystals of OpdA, they coordinate bidentately to the {beta}-metal ion, displacing the {mu}-hydroxo bridge. Thus, alternative product-binding modes exist for the PTEs, and it is the bridging mode that appears to result from phosphotriester hydrolysis. Kinetic analysis of the PTE and promiscuous phosphodiesterase activities confirms that the presence of a {mu}-hydroxo bridge during phosphotriester hydrolysis is correlated with a lower pK{sub a} for the nucleophile, consistent with a general base function during catalysis.

  5. Why plankton modellers should reconsider using rectangular hyperbolic (Michaelis-Menten, Monod descriptions of predator-prey interactions

    Directory of Open Access Journals (Sweden)

    Kevin John Flynn

    2016-09-01

    Full Text Available Rectangular hyperbolic type 2 (RHt2; Michaelis-Menten or Monod -like functions are commonly used to describe predation kinetics in plankton models, either alone or together with a prey selectivity algorithm deploying the same half-saturation constant for all prey types referenced to external prey biomass abundance. We present an analysis that indicates that such descriptions are liable to give outputs that are not plausible according to encounter theory. This is especially so for multi-prey type applications or where changes are made to the maximum feeding rate during a simulation. The RHt2 approach also gives no or limited potential for descriptions of events such as true de-selection of prey, effects of turbulence on encounters, or changes in grazer motility with satiation. We present an alternative, which carries minimal parameterisation effort and computational cost, linking allometric algorithms relating prey abundance and encounter rates to a prey-selection function controlled by satiation. The resultant Satiation-Controlled-Encounter-Based (SCEB function provides a flexible construct describing numeric predator-prey interactions with biomass-feedback control of grazing. The SCEB function includes an attack component similar to that in the Holling disk equation but SCEB differs in having only a single (satiation-based handling constant and an explicit maximum grazing rate. We argue that there is no justification for continuing to deploy RHt2 functions to describe plankton predator-prey interactions.

  6. Emotional intelligence and criminal behavior.

    Science.gov (United States)

    Megreya, Ahmed M

    2015-01-01

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

  7. 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.

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

    Directory of Open Access Journals (Sweden)

    Julio César Montáñez-Ruiz

    2010-06-01

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

  9. Dynamic disorder in single-molecule Michaelis-Menten kinetics: The reaction-diffusion formalism in the Wilemski-Fixman approximation

    Science.gov (United States)

    Chaudhury, Srabanti; Cherayil, Binny J.

    2007-09-01

    Single-molecule equations for the Michaelis-Menten [Biochem. Z. 49, 333 (1913)] mechanism of enzyme action are analyzed within the Wilemski-Fixman [J. Chem. Phys. 58, 4009 (1973); 60, 866 (1974)] approximation after the effects of dynamic disorder—modeled by the anomalous diffusion of a particle in a harmonic well—are incorporated into the catalytic step of the reaction. The solution of the Michaelis-Menten equations is used to calculate the distribution of waiting times between successive catalytic turnovers in the enzyme β-galactosidase. The calculated distribution is found to agree qualitatively with experimental results on this enzyme obtained at four different substrate concentrations. The calculations are also consistent with measurements of correlations in the fluctuations of the fluorescent light emitted during the course of catalysis, and with measurements of the concentration dependence of the randomness parameter.

  10. The Rise of the Autonomous Cyber Criminal

    OpenAIRE

    Rogers, Marcus

    2015-01-01

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

  11. 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.

  12. Occurrence of dead core in catalytic particles containing immobilized enzymes: analysis for the Michaelis-Menten kinetics and assessment of numerical methods.

    Science.gov (United States)

    Pereira, Félix Monteiro; Oliveira, Samuel Conceição

    2016-11-01

    In this article, the occurrence of dead core in catalytic particles containing immobilized enzymes is analyzed for the Michaelis-Menten kinetics. An assessment of numerical methods is performed to solve the boundary value problem generated by the mathematical modeling of diffusion and reaction processes under steady state and isothermal conditions. Two classes of numerical methods were employed: shooting and collocation. The shooting method used the ode function from Scilab software. The collocation methods included: that implemented by the bvode function of Scilab, the orthogonal collocation, and the orthogonal collocation on finite elements. The methods were validated for simplified forms of the Michaelis-Menten equation (zero-order and first-order kinetics), for which analytical solutions are available. Among the methods covered in this article, the orthogonal collocation on finite elements proved to be the most robust and efficient method to solve the boundary value problem concerning Michaelis-Menten kinetics. For this enzyme kinetics, it was found that the dead core can occur when verified certain conditions of diffusion-reaction within the catalytic particle. The application of the concepts and methods presented in this study will allow for a more generalized analysis and more accurate designs of heterogeneous enzymatic reactors.

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

    OpenAIRE

    Cameron, Edwin; Burris, Scott; Clayton, Michaela

    2008-01-01

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

  14. A triangle model of criminality

    OpenAIRE

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

    2008-01-01

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

  15. ‘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.

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

    African Journals Online (AJOL)

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

  17. Psycho-Sociological Review of Criminal Thinking Style

    OpenAIRE

    Boduszek, Daniel; Hyland, Philip

    2012-01-01

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

  18. 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.

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

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

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

  20. Criminal Trajectories of White-collar Offenders

    NARCIS (Netherlands)

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

    2014-01-01

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

  1. 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

  2. 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.

  3. Judicial Functions in the Criminal Trial

    Directory of Open Access Journals (Sweden)

    Constantin Tănase

    2014-05-01

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

  4. 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.

  5. 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

  6. Criminal tendencies and psychological testing

    Directory of Open Access Journals (Sweden)

    Sobchik L. N.

    2017-04-01

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

  7. 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.

  8. 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.

  9. Complex dynamics of a stochastic discrete modified Leslie-Gower predator-prey model with Michaelis-Menten type prey harvesting

    Directory of Open Access Journals (Sweden)

    A. Elhassanein

    2014-06-01

    Full Text Available This paper introduced a stochastic discretized version of the modified Leslie-Gower predator-prey model with Michaelis-Menten type prey harvesting. The dynamical behavior of the proposed model was investigated. The existence and stability of the equilibria of the skeleton were studied. Numerical simulations were employed to show the model's complex dynamics by means of the largest Lyapunov exponents, bifurcations, time series diagrams and phase portraits. The effects of noise intensity on its dynamics and the intermittency phenomenon were also discussed via simulation.

  10. The Criminal justice system in Northern Ireland

    OpenAIRE

    Carr, Nicola

    2017-01-01

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

  11. 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

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

    African Journals Online (AJOL)

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

  13. 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 ...

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

    Science.gov (United States)

    Walters, Glenn D

    2005-02-01

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

  15. 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.

  16. 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.

  17. A Framework for visualization of criminal networks

    DEFF Research Database (Denmark)

    Rasheed, Amer

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

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

    African Journals Online (AJOL)

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

  19. What Defines an International Criminal Court?

    DEFF Research Database (Denmark)

    Kjeldgaard-Pedersen, Astrid

    2015-01-01

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

  20. 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 ...

  1. 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...

  2. Violent and criminal manifestations in dementia patients.

    Science.gov (United States)

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

    2016-05-01

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

  3. Are Celebrities Criminally Responsible For Deceptive Advertising?

    Institute of Scientific and Technical Information of China (English)

    2010-01-01

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

  4. Employers liability to the international criminal court

    Directory of Open Access Journals (Sweden)

    Yenifer Yiseth Suárez Díaz

    2014-01-01

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

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

    DEFF Research Database (Denmark)

    Petersen, Rasmus Rosenqvist

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

  6. 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...

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

    OpenAIRE

    Ghosal, Vivek

    2006-01-01

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

  8. Criminal law and psychology: Connection points

    OpenAIRE

    Drakić Dragiša

    2014-01-01

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

  9. Colour revolutions: criminal-legal aspect

    Directory of Open Access Journals (Sweden)

    Sergey Alekseyevich Gordeychik

    2015-03-01

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

  10. 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

  11. Neurotechnological Behavioural Treatment of Criminal Offenders

    DEFF Research Database (Denmark)

    Ryberg, Jesper; Petersen, Thomas Søbirk

    2013-01-01

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

  12. Cognitive fallacies and criminal investigations.

    Science.gov (United States)

    Ditrich, Hans

    2015-03-01

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

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

    Directory of Open Access Journals (Sweden)

    Jovašević Dragan

    2016-01-01

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

  14. 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

  15. Administrative prejudgment in the Russian criminal law

    Directory of Open Access Journals (Sweden)

    Akhat Akhnafovich Yunusov

    2015-03-01

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

  16. 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.

  17. Utilization of integrated Michaelis-Menten equations for enzyme inhibition diagnosis and determination of kinetic constants using Solver supplement of Microsoft Office Excel.

    Science.gov (United States)

    Bezerra, Rui M F; Fraga, Irene; Dias, Albino A

    2013-01-01

    Enzyme kinetic parameters are usually determined from initial rates nevertheless, laboratory instruments only measure substrate or product concentration versus reaction time (progress curves). To overcome this problem we present a methodology which uses integrated models based on Michaelis-Menten equation. The most severe practical limitation of progress curve analysis occurs when the enzyme shows a loss of activity under the chosen assay conditions. To avoid this problem it is possible to work with the same experimental points utilized for initial rates determination. This methodology is illustrated by the use of integrated kinetic equations with the well-known reaction catalyzed by alkaline phosphatase enzyme. In this work nonlinear regression was performed with the Solver supplement (Microsoft Office Excel). It is easy to work with and track graphically the convergence of SSE (sum of square errors). The diagnosis of enzyme inhibition was performed according to Akaike information criterion. Copyright © 2012 Elsevier Ireland Ltd. All rights reserved.

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

    Science.gov (United States)

    Palmstierna, Tom

    2016-12-06

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

  19. Conflicts of Jurisdiction in Criminal Proceedings

    Directory of Open Access Journals (Sweden)

    Mihail Silviu Pocora

    2015-05-01

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

  20. Self-conscious emotions and criminal offending.

    Science.gov (United States)

    Tibbetts, Stephen G

    2003-08-01

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

  1. BRIEF CONSIDERATIONS REGARDING MEDIATION IN CRIMINAL MATTERS

    Directory of Open Access Journals (Sweden)

    LUMINITA DRAGNE

    2012-05-01

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

  2. Criminal aspect of injuries in sports

    Directory of Open Access Journals (Sweden)

    Mandarić Sanja

    2016-01-01

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

  3. Criminal Policy Movements and Legal Education

    Directory of Open Access Journals (Sweden)

    Thula Rafaela de Oliveira Pires

    2016-10-01

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

  4. Digital forensics digital evidence in criminal investigations

    CERN Document Server

    Marshall, Angus McKenzie

    2009-01-01

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

  5. Reforming China’s Criminal Procedure Law

    OpenAIRE

    Winckler, Hugo

    2014-01-01

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

  6. Diagnosis of antisocial personality disorder and criminal responsibility

    NARCIS (Netherlands)

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

    2011-01-01

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

  7. 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...

  8. 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

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

    Directory of Open Access Journals (Sweden)

    Andi Sofyan

    2015-08-01

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

  10. 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 ...

  11. 30 CFR 208.14 - Civil and criminal penalties.

    Science.gov (United States)

    2010-07-01

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

  12. 33 CFR 401.205 - Civil and criminal penalties.

    Science.gov (United States)

    2010-07-01

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

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

    Directory of Open Access Journals (Sweden)

    Pestereva Y. S.

    2014-04-01

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

  14. 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,

  15. 28 CFR 3.2 - Assistant Attorney General, Criminal Division.

    Science.gov (United States)

    2010-07-01

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

  16. 33 CFR 1.07-90 - Criminal penalties.

    Science.gov (United States)

    2010-07-01

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

  17. 32 CFR 635.5 - Police Intelligence/Criminal Information.

    Science.gov (United States)

    2010-07-01

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

  18. 21 CFR 1405.625 - Criminal drug statute.

    Science.gov (United States)

    2010-04-01

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

  19. 46 CFR 5.69 - Evidence of criminal liability.

    Science.gov (United States)

    2010-10-01

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

  20. The Productivity of Criminology and Criminal Justice Faculty.

    Science.gov (United States)

    DeZee, Matthew R.

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

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

    African Journals Online (AJOL)

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

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

    NARCIS (Netherlands)

    J.R. Blad (John)

    2013-01-01

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

  3. 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...

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

    Science.gov (United States)

    Bushway, Shawn D.; Piehl, Anne Morrison

    2007-01-01

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

  5. Childhood and Adolescent Predictors of Late Onset Criminal Careers

    Science.gov (United States)

    Zara, Georgia; Farrington, David P.

    2009-01-01

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

  6. Strategies for Reducing Criminal Violence among Athletes.

    Science.gov (United States)

    Staffo, Donald F.

    2001-01-01

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

  7. Criminal violence and displacement in Mexico

    Directory of Open Access Journals (Sweden)

    Sebastián Albuja

    2014-02-01

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

  8. Challenging international criminal tribunals before domestic courts

    NARCIS (Netherlands)

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

    2011-01-01

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

  9. 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). ...

  10. 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...

  11. 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.

  12. Hyubris as a factor of individual criminal

    Directory of Open Access Journals (Sweden)

    V. V. Surkov

    2014-04-01

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

  13. 17 CFR 14.5 - Criminal conviction.

    Science.gov (United States)

    2010-04-01

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

  14. The Hispanic Experience of Criminal Justice.

    Science.gov (United States)

    Sissons, Peter L.

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

  15. Criminal Justice Research Is about People.

    Science.gov (United States)

    Conrad, John P.

    1982-01-01

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

  16. Becoming Criminal: The Cultural Politics of Risk

    Science.gov (United States)

    Armstrong, Derrick

    2006-01-01

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

  17. 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

  18. Association and Centrality in Criminal Networks

    DEFF Research Database (Denmark)

    Petersen, Rasmus Rosenqvist

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

  19. Cyber Forensics Ontology for Cyber Criminal Investigation

    Science.gov (United States)

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

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

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

    OpenAIRE

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

    2016-01-01

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

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

    OpenAIRE

    Dao Le, Thu

    2011-01-01

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

  2. 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

  3. 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.

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

    Science.gov (United States)

    Megreya, Ahmed M

    2013-02-01

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

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

    Science.gov (United States)

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

    2015-05-01

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

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

    Directory of Open Access Journals (Sweden)

    Leisy Abrego

    2017-09-01

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

  7. 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

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

    OpenAIRE

    Susumu Imai; Hajime Katayama; Kala Krishna

    2006-01-01

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

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

    Directory of Open Access Journals (Sweden)

    Ćorović Emir A.

    2013-01-01

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

  10. The interaction of criminal procedure and outcome.

    Science.gov (United States)

    Laxminarayan, Malini; Pemberton, Antony

    2014-01-01

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

  11. Criminal recidivism in sexual homicide perpetrators.

    Science.gov (United States)

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

    2008-02-01

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

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

    Science.gov (United States)

    Addad, M; Leslau, A

    1989-01-01

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

  13. Crime and criminal justice in Latin America

    Directory of Open Access Journals (Sweden)

    Rodrigo Ghiringhelli de Azevedo

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

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

    Directory of Open Access Journals (Sweden)

    Chao Zhang

    2016-06-01

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

  15. Transnational Crime Fictions and Argentina's Criminal State

    OpenAIRE

    Caballero, Juan

    2013-01-01

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

  16. DETERMINATION OF POTENTIAL CRIMINALS IN SOCIAL NETWORK

    OpenAIRE

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

    2017-01-01

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

  17. 12 CFR 1403.11 - Criminal penalties.

    Science.gov (United States)

    2010-01-01

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

  18. 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...

  19. 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.

  20. Registered criminality and sanctioning of schizophrenia patients

    DEFF Research Database (Denmark)

    Munkner, Runa; Haastrup, Soeren; Joergensen, Torben

    2009-01-01

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

  1. 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.

  2. 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.

  3. The reaction to femicide in criminal law

    Directory of Open Access Journals (Sweden)

    Batrićević Ana

    2016-01-01

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

  4. Stalking: Criminological and criminal law aspects

    Directory of Open Access Journals (Sweden)

    Dimovski Darko

    2016-01-01

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

  5. CRIMINALITY AT MINORS WITH MENTAL DEFICIENCY

    Directory of Open Access Journals (Sweden)

    Zoran Kitkanj

    2009-06-01

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

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

    Directory of Open Access Journals (Sweden)

    Andrew G. Selepak

    2015-12-01

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

  7. Criminal law aspects of assisted human reproduction in Serbia

    Directory of Open Access Journals (Sweden)

    Samardžić Stefan

    2013-01-01

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

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

    Directory of Open Access Journals (Sweden)

    Diego H. Goldman

    2017-12-01

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

  9. Principle Mediation of Domestic Violence as Criminal Act

    OpenAIRE

    Wijaya, Sandy Ari

    2014-01-01

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

  10. Determination of the Michaelis-Menten kinetics and the genes expression involved in phyto-degradation of cyanide and ferri-cyanide.

    Science.gov (United States)

    Yu, Xiao-Zhang; Zhang, Xue-Hong

    2016-07-01

    Hydroponic experiments were conducted with different species of plants (rice, maize, soybean and willow) exposed to ferri-cyanide to investigate the half-saturation constant (K M ) and the maximal metabolic capacity (v max ) involved in phyto-assimilation. Three varieties for each testing species were collected from different origins. Measured concentrations show that the uptake rates responded biphasically to ferri-cyanide treatments by showing increases linearly at low and almost constant at high concentrations from all treatments, indicating that phyto-assimilation of ferri-cyanide followed the Michaelis-Menten kinetics. Using non-linear regression, the highest v max was by rice, followed by willows. The lowest v max was found for soybean. All plants, except maize (DY26) and rice (XJ12), had a similar K M value, suggesting the same enzyme was active in phyto-assimilation of ferri-cyanide. Transcript level, by real-time quantitative PCR, of enzymes involved in degradation of cyanides showed that the analyzed genes were differently expressed during different cyanides exposure. The expression of CAS and ST genes responded positively to KCN exposure, suggesting that β-CAS and ST pathways were two possible pathways for cyanide detoxification in rice. The transcript level of NIT and ASPNASE genes also showed a remarkable up-regulation to KCN, implying the contribution to the pool of amino acid aspartate, which is an end product of CN metabolism. Up-regulation of GS genes suggests that acquisition of ammonium released from cyanide degradation may be an additional nitrogen source for plant nutrition. Results also revealed that the expressions of these genes, except for GS, were relatively constant during iron cyanide exposure, suggesting that they are likely metabolized by plants through a non-defined pathway rather than the β-CAS pathway.

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

    Directory of Open Access Journals (Sweden)

    MONICA POCORA

    2012-05-01

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

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

    National Research Council Canada - National Science Library

    Garcia, Michael J

    2004-01-01

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

  13. Issues of remedial development of forms in criminal proceedings

    Directory of Open Access Journals (Sweden)

    Tsyganenko Sergey, S.

    2015-12-01

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

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

    OpenAIRE

    Andrzejewska, Marzena

    2013-01-01

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

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

    NARCIS (Netherlands)

    Rothfusz, Jacquelien

    2012-01-01

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

  16. 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?

  17. Criminal Responsibility, Free Will, and Neuroscience

    Science.gov (United States)

    Hodgson, David

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

  18. Criminal psychological profiling of serial arson crimes.

    Science.gov (United States)

    Kocsis, Richard N; Cooksey, Ray W

    2002-12-01

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

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

    Directory of Open Access Journals (Sweden)

    Zabuga E. E.

    2014-07-01

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

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

    African Journals Online (AJOL)

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

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

    NARCIS (Netherlands)

    Hirsch Ballin, M.F.H.

    2012-01-01

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

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

    Science.gov (United States)

    Farr, Kathryn Ann

    1995-01-01

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

  3. 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.

  4. 42 CFR 38.8 - Criminal and civil penalties.

    Science.gov (United States)

    2010-10-01

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

  5. 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

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

    Science.gov (United States)

    Veresha, Roman V.

    2016-01-01

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

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

    Science.gov (United States)

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

    2014-01-01

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

  8. 28 CFR 90.15 - Filing costs for criminal charges.

    Science.gov (United States)

    2010-07-01

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

  9. Forgiveness in Criminal Law through Incorporating Restorative Mediation

    NARCIS (Netherlands)

    Claessen, Jacques

    2017-01-01

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

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

    Science.gov (United States)

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

    2014-01-01

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

  11. 75 FR 9613 - Draft NIJ Restraints Standard for Criminal Justice

    Science.gov (United States)

    2010-03-03

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

  12. An Examination of Criminal Behavior among the Homeless.

    Science.gov (United States)

    Solarz, Andrea

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

  13. 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 ...

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

    NARCIS (Netherlands)

    W. Pei (Wei)

    2016-01-01

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

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

    African Journals Online (AJOL)

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

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

    Science.gov (United States)

    Haskins, Jimmy R.; Friel, Charles M.

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

  17. 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…

  18. 28 CFR 0.85a - Criminal justice policy coordination.

    Science.gov (United States)

    2010-07-01

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

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

    NARCIS (Netherlands)

    Geelhoed, Willem; Zimmermann, Frank

    2017-01-01

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

  20. Criminal Policy Debate as an Active Learning Strategy

    Science.gov (United States)

    Mellgren, Caroline; Ivert, Anna-Karin

    2016-01-01

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

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

    African Journals Online (AJOL)

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

  2. 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...

  3. 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.

  4. 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 ...

  5. Microscale Measurements of Michaelis-Menten Constants of Neuraminidase with Nanogel Capillary Electrophoresis for the Determination of the Sialic Acid Linkage.

    Science.gov (United States)

    Gattu, Srikanth; Crihfield, Cassandra L; Holland, Lisa A

    2017-01-03

    Phospholipid nanogels enhance the stability and performance of the exoglycosidase enzyme neuraminidase and are used to create a fixed zone of enzyme within a capillary. With nanogels, there is no need to covalently immobilize the enzyme, as it is physically constrained. This enables rapid quantification of Michaelis-Menten constants (K M ) for different substrates and ultimately provides a means to quantify the linkage (i.e., 2-3 versus 2-6) of sialic acids. The fixed zone of enzyme is inexpensive and easily positioned in the capillary to support electrophoresis mediated microanalysis using neuraminidase to analyze sialic acid linkages. To circumvent the limitations of diffusion during static incubation, the incubation period is reproducibly achieved by varying the number of forward and reverse passes the substrate makes through the stationary fixed zone using in-capillary electrophoretic mixing. A K M value of 3.3 ± 0.8 mM (V max , 2100 ± 200 μM/min) was obtained for 3'-sialyllactose labeled with 2-aminobenzoic acid using neuraminidase from Clostridium perfringens that cleaves sialic acid monomers with an α2-3,6,8,9 linkage, which is similar to values reported in the literature that required benchtop analyses. The enzyme cleaves the 2-3 linkage faster than the 2-6, and a K M of 2 ± 1 mM (V max , 400 ± 100 μM/min) was obtained for the 6'-sialyllactose substrate. An alternative neuraminidase selective for 2-3 sialic acid linkages generated a K M value of 3 ± 2 mM (V max , 900 ± 300 μM/min) for 3'-sialyllactose. With a knowledge of V max , the method was applied to a mixture of 2-3 and 2-6 sialyllactose as well as 2-3 and 2-6 sialylated triantennary glycan. Nanogel electrophoresis is an inexpensive, rapid, and simple alternative to current technologies used to distinguish the composition of 3' and 6' sialic acid linkages.

  6. 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.

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

    Science.gov (United States)

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

    2014-11-01

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

  8. The definition of the sources of the criminal law

    Directory of Open Access Journals (Sweden)

    Анна Суренівна Сохікян

    2016-01-01

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

  9. 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.

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

    Directory of Open Access Journals (Sweden)

    Héctor Alfredo Amaya Cristancho

    2014-04-01

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

  11. Readiness to change criminal women and men

    Directory of Open Access Journals (Sweden)

    Krzysztof Biel

    2017-12-01

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

  12. Aberrant paralimbic gray matter in criminal psychopathy.

    Science.gov (United States)

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

    2012-08-01

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

  13. Presumption of Innocence in Criminal Procedure

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    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.

  14. Registered criminality and sanctioning of schizophrenia patients

    DEFF Research Database (Denmark)

    Munkner, Runa; Haastrup, Soeren; Joergensen, Torben

    2009-01-01

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

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

    Science.gov (United States)

    Fried, C S; Reppucci, N D

    2001-02-01

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

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

    Science.gov (United States)

    1988-01-01

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

  17. Mexico On A Criminal Traffic Scenario

    Directory of Open Access Journals (Sweden)

    M. P. Moloeznik

    2017-01-01

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

  18. Suspects in criminal investigations of rape

    Directory of Open Access Journals (Sweden)

    Marinković Darko

    2014-01-01

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

  19. 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.

  20. Legal and Jurisprudential Bases of Marital Rape Criminalization

    Directory of Open Access Journals (Sweden)

    سید علیرضا میرکمالی

    2017-12-01

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

  1. Criminal behavior in frontotemporal dementia and Alzheimer disease.

    Science.gov (United States)

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

    2015-03-01

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

  2. The Influence of Beccaria in Modern Criminal Law

    Directory of Open Access Journals (Sweden)

    Manuel Alberto Leyva Estupiñán

    2015-12-01

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

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

    Directory of Open Access Journals (Sweden)

    Neil Davie

    2010-11-01

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

  4. Michaël Oustinoff et Christine Raguet-Bouvard, eds. Contraintes syntaxiques et liberté stylistique : le déplacement dans les éléments de la phrase. Palimpsestes n° 14.

    Directory of Open Access Journals (Sweden)

    Monique DeMattia

    2006-04-01

    Full Text Available Le numéro 14 de la revue Palimpsestes, comprend sept articles de recherche, suivis d’une table ronde contenant six interventions, ainsi que quelques extraits de débats. Michaël Oustinoff signe l’avant-propos de ce numéro, ainsi que la présentation de la table ronde.Ce volume se propose d’approfondir notre connaissance de ce domaine si vaste et complexe qu’est la traduction. Il aborde les difficultés rencontrées par tout traducteur, qui se doit de naviguer entre deux écueils majeurs, pour repr...

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

    African Journals Online (AJOL)

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

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

    Directory of Open Access Journals (Sweden)

    Valery Novichkov

    2015-12-01

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

  7. 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.

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

    Directory of Open Access Journals (Sweden)

    Jovašević Dragan

    2007-01-01

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

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

    Science.gov (United States)

    Burman, Monica

    2010-02-01

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

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

    Science.gov (United States)

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

    2016-12-01

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

  11. The International Criminal Court and conflict transformation in Uganda

    African Journals Online (AJOL)

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

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

    African Journals Online (AJOL)

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

  13. 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.

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

    Science.gov (United States)

    Mendez, Mario F

    2010-01-01

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

  15. Race, crime and criminal justice in South Africa

    CSIR Research Space (South Africa)

    Bosilong, KP

    2010-05-01

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

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

    National Research Council Canada - National Science Library

    Murnane, Andrew W; Eig, Larry

    2003-01-01

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

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

    Directory of Open Access Journals (Sweden)

    Pamela R. Ferguson

    2017-01-01

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

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

    Science.gov (United States)

    Meixner, John B

    2015-01-01

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

  19. 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.

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

    National Research Council Canada - National Science Library

    Sutton, Michael

    2003-01-01

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

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

    International Nuclear Information System (INIS)

    Ultroska, D.

    1984-01-01

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

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

    National Research Council Canada - National Science Library

    Doyle, Charles

    2006-01-01

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

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

    OpenAIRE

    Boduszek, Daniel; McLaughlin, Chris; Hyland, Philip

    2011-01-01

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

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

    OpenAIRE

    Fletcher, Jason; Wolfe, Barbara

    2009-01-01

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

  5. 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...

  6. An Outline of the New Norwegian Criminal Code

    Directory of Open Access Journals (Sweden)

    Jørn Jacobsen

    2015-12-01

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

  7. The Evidentiary Value of DNA Fingerprint as Criminal Evidence

    Directory of Open Access Journals (Sweden)

    Mussa Masoud Irhouma

    2016-12-01

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

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

    Directory of Open Access Journals (Sweden)

    Vitaly Fadeev

    2015-12-01

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

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

    OpenAIRE

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

    2015-01-01

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

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

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    Fernando ANDRADE FERNANDES

    2014-07-01

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

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

    Directory of Open Access Journals (Sweden)

    Jakšić Dušan

    2013-01-01

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

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

    Science.gov (United States)

    Vanwesenbeeck, Ine

    2017-08-01

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

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

    Science.gov (United States)

    Csete, Joanne; Dube, Siddharth

    2010-09-01

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

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

    Science.gov (United States)

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

    2016-08-01

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

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

    Science.gov (United States)

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

    2013-01-01

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

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

    Directory of Open Access Journals (Sweden)

    Ask Elklit

    2013-04-01

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

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

    Directory of Open Access Journals (Sweden)

    Antonius Maria Laot Kian

    2015-04-01

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

  18. Remembering a criminal conversation: beyond eyewitness testimony.

    Science.gov (United States)

    Campos, Laura; Alonso-Quecuty, María L

    2006-01-01

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

  19. [Criminal code and assisted human reproduction].

    Science.gov (United States)

    Cortés Bechiarelli, Emilio

    2009-01-01

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

  20. Crime victims in the criminal justice system

    Directory of Open Access Journals (Sweden)

    Ćopić Sanja M.

    2003-01-01

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

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

    Science.gov (United States)

    Sherretts, Nicole; Boduszek, Daniel; Debowska, Agata

    2016-08-01

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

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

    Science.gov (United States)

    Cermeño Zambrano, Fernando G De J

    2002-01-01

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

  3. Criminal-legal prohibitions in the soviet juridical discourse

    Directory of Open Access Journals (Sweden)

    Andrey V. Skorobogatov

    2014-01-01

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

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

    Directory of Open Access Journals (Sweden)

    Lajić Oliver

    2012-01-01

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

  5. Enhance Criminal Investigation by Proposed Fingerprint Recognition System

    International Nuclear Information System (INIS)

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

    2014-01-01

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

  6. General Principles of Transnationalised Criminal Justice?
    Exploratory Reflections

    Directory of Open Access Journals (Sweden)

    Marianne L. Wade

    2013-09-01

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

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

    Science.gov (United States)

    Erez, Edna

    2002-01-01

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

  8. Technical records as material evidence in criminal proceedings

    Directory of Open Access Journals (Sweden)

    Fitim Shishani

    2017-03-01

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

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

    Science.gov (United States)

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

    2018-01-01

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

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

    Directory of Open Access Journals (Sweden)

    Gemma Mestre-Bach

    2018-01-01

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

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

    Science.gov (United States)

    Wyse, Jessica J B

    2013-04-01

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

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

    Science.gov (United States)

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

    2018-01-01

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

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

    Directory of Open Access Journals (Sweden)

    I. V. Kalinin

    2017-01-01

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

  14. Il crimine organizzato in Italia: analisi evolutiva

    Directory of Open Access Journals (Sweden)

    Elena Bianchini

    2007-12-01

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

  15. The Use of Soil in Criminal Investigations

    Science.gov (United States)

    Dawson, Lorna; Fitzpatrick, Robert

    2013-04-01

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

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

    Science.gov (United States)

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

    2009-01-01

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

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

    Science.gov (United States)

    Griffith, Richard; Tengnah, Cassam

    2012-07-01

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

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

    Science.gov (United States)

    Roberts, Paul

    2013-03-01

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

  19. Contribution to the discussion on the criminalization of stalking

    Directory of Open Access Journals (Sweden)

    Miladinović-Stefanović Dušica

    2016-01-01

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

  20. 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.

  1. Effect of Marriage and Spousal Criminality on Recidivism

    DEFF Research Database (Denmark)

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

    2015-01-01

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

  2. A combination strategy for tracking the serial criminal

    Science.gov (United States)

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

    2010-08-01

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

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

    Directory of Open Access Journals (Sweden)

    Marwan Mas

    2015-05-01

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

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

    Science.gov (United States)

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

    2016-01-01

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

  5. The law concerning criminal acts against the environment

    International Nuclear Information System (INIS)

    Sack, H.J.

    1980-01-01

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

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

    DEFF Research Database (Denmark)

    Marchuk, Iryna

    2014-01-01

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

  7. Criminal violence associated to mental health in Salvadorian people

    Directory of Open Access Journals (Sweden)

    José Ricardo Gutiérrez Quintanilla

    2014-07-01

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

  8. Vicarious liability and criminal prosecutions for regulatory offences.

    Science.gov (United States)

    Freckelton, Ian

    2006-08-01

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

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

    Directory of Open Access Journals (Sweden)

    Magda Slabbert

    2014-11-01

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

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

    Directory of Open Access Journals (Sweden)

    Zemlyanitsin E. I.

    2013-10-01

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

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

    OpenAIRE

    Mityukova, Marina

    2014-01-01

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

  12. 78 FR 2443 - Criminal Justice Interview Room Recording System (IRRS) Standard, Supplier's Declaration of...

    Science.gov (United States)

    2013-01-11

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

  13. 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...

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

    NARCIS (Netherlands)

    Mburu, L; Helbich, M

    2015-01-01

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

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

    Directory of Open Access Journals (Sweden)

    Farid A. Musaev

    2014-06-01

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

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

    OpenAIRE

    Santoso Santoso

    2015-01-01

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

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

    Science.gov (United States)

    Glenn, Andrea L; Raine, Adrian

    2014-01-01

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

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

    OpenAIRE

    López Gallego, Laura

    2017-01-01

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

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

    OpenAIRE

    López Gallego, Laura

    2017-01-01

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

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

    Directory of Open Access Journals (Sweden)

    Harris Elizabeth E

    2012-03-01

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

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

    Directory of Open Access Journals (Sweden)

    Arthur Trindade M. Costa

    2011-04-01

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

  2. 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 ...

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

    NARCIS (Netherlands)

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

    2014-01-01

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

  4. 24 CFR 5.859 - When am I specifically authorized to evict other criminals?

    Science.gov (United States)

    2010-04-01

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

  5. 40 CFR 303.12 - Criminal violations covered by this award authority.

    Science.gov (United States)

    2010-07-01

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

  6. 28 CFR 20.34 - Individual's right to access criminal history record information.

    Science.gov (United States)

    2010-07-01

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

  7. 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...

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

    Science.gov (United States)

    Piquero, Alex R.

    2011-01-01

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

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

    Science.gov (United States)

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

    2006-01-01

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

  10. 28 CFR 20.35 - Criminal Justice Information Services Advisory Policy Board.

    Science.gov (United States)

    2010-07-01

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

  11. 21 CFR 7.84 - Opportunity for presentation of views before report of criminal violation.

    Science.gov (United States)

    2010-04-01

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

  12. 39 CFR 230.4 - Arrest and investigative powers of criminal investigators.

    Science.gov (United States)

    2010-07-01

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

  13. 21 CFR 7.85 - Conduct of a presentation of views before report of criminal violation.

    Science.gov (United States)

    2010-04-01

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

  14. 28 CFR 20.33 - Dissemination of criminal history record information.

    Science.gov (United States)

    2010-07-01

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

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

    NARCIS (Netherlands)

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

    2009-01-01

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

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

    Directory of Open Access Journals (Sweden)

    Bruna Azevedo de Castro

    2012-04-01

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

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

    Directory of Open Access Journals (Sweden)

    Débora Regina Pastana

    2008-03-01

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

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

    Science.gov (United States)

    Lin, Wan-Chun

    2017-01-01

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

  19. Diagnosis of antisocial personality disorder and criminal responsibility.

    Science.gov (United States)

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

    2011-01-01

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

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

    NARCIS (Netherlands)

    Weimann, G.J.

    2010-01-01

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

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

    Directory of Open Access Journals (Sweden)

    Г. М. Гетьман

    2013-10-01

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

  2. mens rea principle and criminal jurisprudence in nigeria

    African Journals Online (AJOL)

    Mofasony

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

  3. 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.

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

    African Journals Online (AJOL)

    10332324

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

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

    African Journals Online (AJOL)

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

  6. 78 FR 76860 - Contraband Screening for Criminal Justice Applications

    Science.gov (United States)

    2013-12-19

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

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

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

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

  8. 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

  9. 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...

  10. 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".

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

    Science.gov (United States)

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

    2010-01-01

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

  12. A Research Note on American Indian Criminal Justice

    Science.gov (United States)

    Braunstein, Rich; Anderson, Bill

    2008-01-01

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

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

    African Journals Online (AJOL)

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

  14. Presentaciones Powerpoint de Psicología Criminal

    OpenAIRE

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

    2008-01-01

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

  15. Why Rape Survivors Participate in the Criminal Justice System

    Science.gov (United States)

    Patterson, Debra; Campbell, Rebecca

    2010-01-01

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

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

    NARCIS (Netherlands)

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

    2005-01-01

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

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

    NARCIS (Netherlands)

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

    2005-01-01

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

  18. 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…

  19. Sex Work Criminalization Is Barking Up the Wrong Tree

    NARCIS (Netherlands)

    Vanwesenbeeck, Ine

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

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

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

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

  1. Is the Current System of Criminal Procedure of Iran Efficient?

    Directory of Open Access Journals (Sweden)

    Mehdi Fazli

    2018-02-01

    Full Text Available This paper is a study about the efficiency of the criminal system designed in the new Criminal Procedure Code of Iran, that came into effect on June 22, 2015. Notwithstanding the notable legislator’s efforts, infrastructural and structural reforms have not been carried out. Accordingly, it is not expected to be as efficient as the previous laws due to the lack of fundamental reforms; reforms caused the improvement in “low-level efficiency” (saving resources in the economic sense rather than in the “high-level” one (saving resources plus developing more justice. The analysis of the efficiency of the Code and proposal of fundamental reforms for having a high-level efficient Criminal Law in Iran are the main objectives of this paper. After an introduction (Chapters I and II, we made a historical approach of the Iranian system in this matter (Chapter III. Then, we analyze three types of efficiency (Chapter IV, attending to some infrastructural elements, some structural factors and other procedural aspects. At last, we synthetize four conclusions (Chapter V. Main conclusion is that efficiency in the system of criminal procedure would be only on low-level.

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

    Directory of Open Access Journals (Sweden)

    Anan A. Haidar

    2008-02-01

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

  3. Criminalizing rape within marriage: perspectives of Ghanaian university students.

    Science.gov (United States)

    Adinkrah, Mensah

    2011-09-01

    Forcing sexual intercourse on an unwilling marital partner, or marital rape, is not a crime in many societies around the world, because of a marital exemption rule that prohibits the prosecution of husbands who rape their wives. Concurrently, marital rape is one of the least studied phenomena in sexual violence research. This is particularly true for societies in the non-Western world. The current study examined the general attitudes of a sample of university students in Ghana, a West African country, toward marital rape. Respondents were also asked whether an ongoing legislative effort to criminalize marital rape in the country was warranted. The results indicated strong opposition toward criminalization. The results also indicated no marked differences between male and female respondents in attitudes toward marital rape and the need for a legislative response to the phenomenon. Patriarchal ideologies such as wifely submission to the husband and an implicit duty to provide sex in marriage provided some of the justifications furnished for why marital rape should remain noncriminalized. Advocates of criminalization mentioned the social, physical, and psychological effects of rape and how the enactment of marital rape legislation and the imposition of severe criminal sanctions would help prevent the incidence of marital rape and other forms of violence against women in the society.

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

    Science.gov (United States)

    Oslick, Mary Ellen

    2013-01-01

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

  5. 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

  6. 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 ...

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

    NARCIS (Netherlands)

    Zhang, S.

    2017-01-01

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

  8. Growth and containment of a hierarchical criminal network

    Science.gov (United States)

    Marshak, Charles Z.; Rombach, M. Puck; Bertozzi, Andrea L.; D'Orsogna, Maria R.

    2016-02-01

    We model the hierarchical evolution of an organized criminal network via antagonistic recruitment and pursuit processes. Within the recruitment phase, a criminal kingpin enlists new members into the network, who in turn seek out other affiliates. New recruits are linked to established criminals according to a probability distribution that depends on the current network structure. At the same time, law enforcement agents attempt to dismantle the growing organization using pursuit strategies that initiate on the lower level nodes and that unfold as self-avoiding random walks. The global details of the organization are unknown to law enforcement, who must explore the hierarchy node by node. We halt the pursuit when certain local criteria of the network are uncovered, encoding if and when an arrest is made; the criminal network is assumed to be eradicated if the kingpin is arrested. We first analyze recruitment and study the large scale properties of the growing network; later we add pursuit and use numerical simulations to study the eradication probability in the case of three pursuit strategies, the time to first eradication, and related costs. Within the context of this model, we find that eradication becomes increasingly costly as the network increases in size and that the optimal way of arresting the kingpin is to intervene at the early stages of network formation. We discuss our results in the context of dark network disruption and their implications on possible law enforcement strategies.

  9. A Heuristic Model of Criminology and Criminal Justice.

    Science.gov (United States)

    Zalman, Marvin

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

  10. Criminality among Rural Stimulant Users in the United States

    Science.gov (United States)

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

    2011-01-01

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

  11. 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…

  12. 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 ...

  13. 41 CFR 105-74.625 - Criminal drug statute.

    Science.gov (United States)

    2010-07-01

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

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

    Directory of Open Access Journals (Sweden)

    Mirvete Uka

    2016-03-01

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

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

    African Journals Online (AJOL)

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

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

    African Journals Online (AJOL)

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

  17. Problem Gambling Associated with Violent and Criminal Behaviour

    DEFF Research Database (Denmark)

    Laursen, Bjarne; Plauborg, Rikke; Ekholm, Ola

    2016-01-01

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

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

    Science.gov (United States)

    Platt, Derrick E.

    2009-01-01

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

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

    Science.gov (United States)

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

    2015-01-01

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

  20. 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.

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

    DEFF Research Database (Denmark)

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

    2013-01-01

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

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

    Science.gov (United States)

    Kane, Michael N.

    2006-01-01

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

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

    Science.gov (United States)

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

    1996-01-01

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

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

    Directory of Open Access Journals (Sweden)

    Manojlović Dragan

    2014-01-01

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

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

    Directory of Open Access Journals (Sweden)

    Aleksić Jelena

    2014-01-01

    Full Text Available Apart from approved or planned poisoning with agricultural purpose, an increase in the number of cases of intentional animal poisoning (primarily referring to cats and dogs has been detected in Serbia, and it is suspected that their number is significantly larger than the one shown by the official statistics data. Under the conditions prescribed by the Criminal Code of the Republic of Serbia, such activities may represent the crime of killing and torture of animals, but also the crime of causing a general danger. It would be impossible to conduct the procedure of discovering and proving these criminal offences and the responsibility of their perpetrators without findings and opinion of forensic veterinary-medicine experts. They play an important role when it comes to site inspection, crime scene processing, collecting the samples from the crime scene, processing of samples and autopsy and exhumation of a potentially poisoned animal body. Just like other evidence in criminal procedure, findings and opinion of experts of veterinary medicine are estimated in accordance with the principle of free assessment of evidence. However, due to the specificity of such cases of killing and torture of animals, their impact on court’s decision on the existence of criminal offence and perpetrator’s liability is crucial. In this paper, the authors discuss the scope of animal poisoning in Serbia, particularly in Belgrade, analyze possible criminal - legal consequences of these illegal activities and point out to a significant role that experts of veterinary medical profession have in discovering and proving such cases and the liability of their perpetrators.

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

    OpenAIRE

    Mirandola, Sofia

    2017-01-01

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

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

    Directory of Open Access Journals (Sweden)

    Nadia Claudia CANTEMIR – STOICA

    2018-05-01

    Full Text Available The criminal investigation is the first stage of the criminal proceeding, necessary to be carried out under legality, so as to collect the necessary evidence to find the truth in order to prosecute or not to prosecute a person subject to the criminal investigation. Sometimes, depending on the quality at the time the criminal offense was committed or on the occasion of the investigations, it is not possible to order the criminal proceedings to be initiated, given that there is a temporary legal impediment. The present study aims to bring to the debate the theoretical and practical elements regarding the institution of temporary legal impediment

  8. 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....

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

    Science.gov (United States)

    Salet, Renze

    2017-06-01

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

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

    Directory of Open Access Journals (Sweden)

    Anatolii V. Kirin

    2017-12-01

    Full Text Available The article examines in historical retrospect the experience and tendencies of parallel development of criminal and administrative responsibility in domestic jurisprudence and legislation from the 19th century to the present day. The Authors criticize the attempts to return administrative offenses to a three-tier system of criminal delicts on the basis of the concept of the Criminal Code of 1903. It is condemned not so much as an attempt to “reanimate” criminal misdemeanor by representatives of criminal law science, but similar attacks on the independent species status of administrative responsibility on the part of individual colleagues-administrativists

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

    Directory of Open Access Journals (Sweden)

    Neelu Sharma

    2015-01-01

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

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

    Directory of Open Access Journals (Sweden)

    Heráclito Mota Barreto Neto

    2015-12-01

    Full Text Available The following paper has as objective questioning the legitimacy of state's paternalistic interventions on individual autonomy by using institutional-criminal instruments. In this path, the paper aims to understand in which cases the State is allowed to interfere in private individual lives under the justification of being promoting a well or avoiding a harm and, as well, in which cases such interference is abusive of individuals self-determination. Into this analysis, the work will study the current concepts of paternalism, the theoretical classifications on paternalistic interventions which will be useful to demonstrate admissible and inadmissible species of paternalism and Joel Feinberg and Gerald Dworkin's anti- paternalistic theories. Following, this subject will be analyzed in association with the implications of juridical-criminal goods involved in conflicts between autonomy, human vulnerabilities and paternalism, specially regarding to the (unavailability of those goods. In the end, the work intends to define legitimation criteria for paternalistic interventions inserted in criminal laws, which superimpose themselves on the individual autonomy, in order to harmonize constitutional values of respect for autonomy, protection of vulnerable individuals and the Criminal Law functions of exclusive protection of juridical goods.

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

    Science.gov (United States)

    2010-01-01

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

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

    Science.gov (United States)

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

    2011-01-01

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

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

    Science.gov (United States)

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

    2013-12-01

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

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

    Science.gov (United States)

    Piquero, Alex R

    2011-07-01

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

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

    Science.gov (United States)

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

    2012-01-01

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

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

    NARCIS (Netherlands)

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

    2009-01-01

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

  19. 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

  20. 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.

  1. Some considerations on disciplinary liability overlapping criminal liability

    Directory of Open Access Journals (Sweden)

    Ştefania DUMITRACHE

    2011-12-01

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

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

    Directory of Open Access Journals (Sweden)

    Valerie Wright

    2017-06-01

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

  3. Empirical Descriptions of Criminal Sentencing Decision-Making

    Directory of Open Access Journals (Sweden)

    Rasmus H. Wandall

    2014-05-01

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

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

    Science.gov (United States)

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

    2010-11-01

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

  5. 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.

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

    Science.gov (United States)

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

    2005-08-01

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

  7. 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.

  8. 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.

  9. THE CHILD OFFENDER UNDER THE AGE OF CRIMINAL LIABILITY

    Directory of Open Access Journals (Sweden)

    Niculina KARACSONY

    2015-04-01

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

  10. Money Laundering. Aspects of Legal and Criminal Issues

    Directory of Open Access Journals (Sweden)

    Alina DUMITRACHE

    2011-11-01

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

  11. O nascimento da Revista Brasileira de Criminalística

    OpenAIRE

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

    2011-01-01

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

  12. XXIV CNC: Um marco na Criminalística Brasileira

    OpenAIRE

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

    2017-01-01

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

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

    International Nuclear Information System (INIS)

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

    2005-01-01

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

  14. 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.

  15. Overview of criminal justice projects at Sandia National Laboratories

    Energy Technology Data Exchange (ETDEWEB)

    Spencer, D.D.

    1995-07-01

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

  16. Nullum Crimen sine Lege in the International Criminal Court

    Directory of Open Access Journals (Sweden)

    Venus GHAREH BAGHI

    2010-10-01

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

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

    Directory of Open Access Journals (Sweden)

    Junqing Yuan

    2013-01-01

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

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

    Directory of Open Access Journals (Sweden)

    Mirela GORUNESCU

    2015-07-01

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

  19. 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....

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

    OpenAIRE

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

    2005-01-01

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

  1. Criminal Violence and State Responses in the Northern Triangle

    Science.gov (United States)

    2016-12-01

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

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

    Directory of Open Access Journals (Sweden)

    Adriano Adriano

    2016-03-01

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

  3. Criminality Among Rural Stimulant Users in the United States

    OpenAIRE

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

    2011-01-01

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

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

    OpenAIRE

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

    2010-01-01

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

  5. Analysis of the relation between intelligence and criminal behavior

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    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.

  6. Child and adolescent psychiatric patients and later criminality

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    Rydelius Per-Anders

    2007-08-01

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

  7. CIVIL ACTION SETTLEMENT IN CRIMINAL PROCEEDINGS THE DANGER RELATED CRIMES

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    Andrei-Viorel IUGAN

    2017-05-01

    Full Text Available Article 1357 para. (1 Civil Code stipulates that “one that causes harm to another by an unlawful act committed with guilt is obliged to repair it”. In this study, we propose to analyze whether and to what extent, a danger related crime can generate a prejudice, and if for committing such a crime, civil action may be exercised in criminal proceedings.

  8. Novos horizontes da Criminalística nacional

    OpenAIRE

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

    2014-01-01

    Convidamos à leitura desta terceira edição da Revista Brasileira de Criminalística que traz cinco artigos, versando sobre variadas áreas das Ciências Forenses. Também convidamos você pesquisador, perito, professor, para submeter seu trabalho e contribuir com mais uma peça na construção desse conhecimento. Saudações periciais e boa leitura.

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

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    Artem O. Gryaznov

    2014-01-01

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

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

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    Grigoryev D.A.

    2014-12-01

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

  11. International Criminal Responsibility After Katanga: Old Challenges, New Solutions

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    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. 

  12. Extradition In Criminal Justice System Related To Foreign Jurisdiction

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    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.

  13. Organising Data Exchange in the Dutch Criminal Justice Chain

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    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.

  14. 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.

  15. CRIMINAL LAW PROTECTION OF DATABASE AT A GLANCE

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    LUCIAN T. POENARU

    2012-05-01

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

  16. Using Technology to Improve the Objectivity of Criminal Responsibility Evaluations.

    Science.gov (United States)

    Vitacco, Michael J; Gottfried, Emily D; Batastini, Ashley B

    2018-03-01

    Criminal responsibility (or insanity) evaluations require forensic clinicians to reconstruct a defendant's decision-making abilities, behavioral control, and emotional state at the time of the criminal act. Forensic evaluators are ultimately tasked to evaluate whether an individual had the capacity to understand right from wrong, and in some jurisdictions, determine whether the defendant lacked substantial capacity to conform his behavior to the requirements of the law as a result of a threshold condition (e.g., mental illness). Insanity evaluations are inherently complex, because they require the clinician to determine someone's mental state at some point in the past (weeks, months, or even years). Recent research on insanity evaluations underscores significant problems with the reliability and validity of these evaluations. However, technological advances including social media (e.g., Facebook and Twitter), mandating that law enforcement videotape interrogations, and the use of body and dashboard cameras can aid clinicians in improving the precision and quality of insanity evaluations. This article discusses practical guidelines and ethics-related concerns regarding the use of technology to improve the objectivity of criminal responsibility evaluations. © 2018 American Academy of Psychiatry and the Law.

  17. An athlete’s criminal liability towards spectators

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    mohammad nabipour

    2017-10-01

    Full Text Available Abstract:   Basically and according to clause of article 158 of the Islamic penal code, approved in 2013 (sporting activities and accidents resulting from it, if the reason of accidents do not violate the rules related to that sport and these regulation are not in conflict with religious rules there will be no criminal liability for the athlete. As it appears the athlete that will be exempted from any criminal offense when he has not violated the rules, however, if the athletes is offender whether the injured is opponent athlete or one of the spectators, the offending athletes will be liable for the penalty. In other words, what kind of criminal responsibility would be in these cases, if the act committed by him towards the spectator was deliberate (which would warrants retaliation or a psedudo_deliberate error (which would warrants the payment of atonement and also sanction punishment it means that imprisonment 1 to 3 years in case of victim death by the offending athlete according to article 616 in sanction law or vasted error (which would warrants prey for a loss by kinsmam the responsibility of the athlete will be different.But whether the athlete respect to all of the rules he will be completely exempted from the damage that he enters into the spectator or not, is the point of disagreement which this article seeks to ask the question.    

  18. Mental incapacity and criminal liability: Redrawing the fault lines?

    Science.gov (United States)

    Peay, Jill

    2015-01-01

    The proper boundaries of criminal liability with respect to those with questionable mental capacity are currently under review. In its deliberations in the areas of unfitness to plead, automatism and the special verdict of not guilty by reason of insanity the Law Commission for England and Wales have been cognizant of particular difficulties in fairly attributing criminal responsibility to those whose mental capacities may or may not have impinged on their decisions, either at the time of the offence or at trial. And they have referenced the potential breaches of the European Convention on Human Rights (ECHR) posed by the state of our current laws. However, in their efforts to remedy these potential deficiencies is the Law Commission heading in a direction that is fundamentally incompatible with the direction embodied by the United Nations Convention on the Rights of People with Disabilities (CRPD)? Whether one must cede sensibly to the other, or whether some compromise might emerge, perhaps through an extension of supportive services or through the development of disability-neutral criminal law, forms the subject of this paper. Copyright © 2015 Elsevier Ltd. All rights reserved.

  19. 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.

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

    Science.gov (United States)

    Stevens, Philip

    2013-03-01

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

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

    Science.gov (United States)

    Soponyono, Eko; Deva Bernadhi, Brav

    2017-04-01

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

  2. 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.

  3. Scientific criticism to “The plea bargain as a criminal policy instrument” – One commentary about the essential criminal policy vision of the criminal procedure

    Directory of Open Access Journals (Sweden)

    Gabriel Antinolfi Divan

    2017-03-01

    Full Text Available O presente trabalho trata-se de crítica científica ao artigo “A colaboração premiada como instrumento de política criminal”, de autoria de M. Aires e F. Fernandes. Nele, são exibidas duas linhas de leitura enquanto pontos de reflexão crítica quanto ao texto dos autores. A primeira consiste em uma discussão sobre o caráter político-criminal do processo penal, em tom de oposição frente à simples chancela (processual do direito material que dessa classificação poderia advir. A segunda, exibe questionamentos acerca da possibilidade de conformação inconstitucional que pode ser oriunda de uma visão dicotômica na prática e na dogmática processuais, se forem antagonizados padrões de eficiência processual e garantias constitucionais atinentes. A conclusão visa a endossar uma visão político-criminal do processo penal, ponderados certos limites para essa chancela e o binômio referidos nos dois momentos de leitura.

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

    Directory of Open Access Journals (Sweden)

    Lajić Oliver

    2013-01-01

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

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

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    Jayme José de Souza FIlho

    2012-04-01

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

  6. 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.

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

    Science.gov (United States)

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

    2014-03-01

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

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

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    Joel Matthews

    2017-02-01

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

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

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    Sriram Chintakrindi

    2015-12-01

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

  10. Problems of determination of principle of psychological profile of unknown criminal person in investigational activity

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    Galina Getman

    2017-03-01

    By the author of the article of analysis different determinations of «psychological profile of unknown criminal person» were subjected. They are set positive lines and separate positions that in opinion of author are not expedient and important are subjected to criticism. That is why, the author points in conclusions the argued positions in relation to the necessity of the use of psychological profile of  unknown criminal person during investigation of criminal realizations in activity of investigator.

  11. 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 ...

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

    Directory of Open Access Journals (Sweden)

    Yury V. Derishev

    2016-11-01

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

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

    OpenAIRE

    Carvalho, Henrique; Norrie, Alan W.

    2017-01-01

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

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

    OpenAIRE

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

    2018-01-01

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

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

    Science.gov (United States)

    Stuhmcke, Anita

    2011-03-01

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

  16. Safeguarding the Dignity of Women under the Criminal Law Amendment Act 2013-A Critical Analysis

    OpenAIRE

    R C Borpatragohain

    2013-01-01

    This viewpoint aims to analyse the Criminal Law Amendment Act 2013 from a legal perspective. In doing so, it discusses the statutory safeguards of rights to a dignified life of a woman by analysing the various existing laws, which have been significantly amended to build the Criminal Act, 2013. These laws are: Indian Penal Code (IPC) 1860; Indian Evidence Act 1872, Code of Criminal Procedure as amended in 1973, Immoral Trafficking Prevention Act 1956, Information Technology Act 2000, The Juve...

  17. 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.

  18. Envisioning the Next Generation of Behavioral Health and Criminal Justice Interventions

    Science.gov (United States)

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

    2014-01-01

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

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

    Directory of Open Access Journals (Sweden)

    Akeem Olajide Bello

    2013-03-01

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

  20. 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.

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

    Directory of Open Access Journals (Sweden)

    Maya Pagni Barak

    2014-10-01

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

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

    Science.gov (United States)

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

    2017-10-01

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

  3. 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.

  4. Criminal violence associated to mental health in Salvadorian people

    OpenAIRE

    José Ricardo Gutiérrez Quintanilla; Cecilia Beatriz Portillo García

    2014-01-01

    This is an ex post facto study with a retrospective and cross sectional design, consisting of a random sample of 1,143 participants (538 men and 605 women), age range 17-56 or more. The measures used involved the Escala de estrés y ansiedad delincuencial, and the Cuestionario de salud general. Results revealed that approximately three fourths of the simple considered that the criminal violence context affected their mental health. Differences between men and women were established. Women and ...

  5. Pervasive developmental disorders and criminal behaviour - A case control study

    DEFF Research Database (Denmark)

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

    2008-01-01

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

  6. 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.

  7. The International Criminal Court and Peace Processes in Africa

    DEFF Research Database (Denmark)

    Gissel, Line Engbo

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

  8. CRIMINAL LIABILITY FOR CERTAIN ECONOMIC ACTIVITIES-TAX EVASIOAN

    Directory of Open Access Journals (Sweden)

    Alexandrina Fodor

    2010-12-01

    Full Text Available Evasion is equivalent to the offense or crime, and what is civil or criminal depending on the seriousness and rufnesse. Reasons for this phenomenon in Romania is difficult to quantify and are prevented complex and numerous, among them may be mentioned: many imperfections and speculiarities in the tax laws, the business tax accounting method, not using the national macroeconomic record, massive tax evasion carried out by various interest groups and economic agents only appear to take advantage of loopholes laws lack of a tax code, the principle of confidentiality.

  9. Protection of honour and dignity in criminal law

    OpenAIRE

    Diāna Hamkova

    2009-01-01

    Annotation As it is not possible to analyze categories „honour” and „dignity” only from one point of view, the research is made in philosophical, legal and bioethical aspects. Legal analysis of corpus delicti – defamation and demeaning of the dignity is made in the research, as well as nuances of protection of honour and dignity in criminal and civil law are analyzed. In order to reach the objective of the research wide range of international regulations is dealt with as well as comparativ...

  10. El comportamiento criminal desde un punto de vista evolucionista

    OpenAIRE

    García, José; Universidad Católica (Paraguay)

    2015-01-01

    Las teorías sobre las causas del comportamiento criminal y sus variantes fascinaron la atención de los investigadores, al menos desde mediados del siglo XVIII. En nuestros días, la psicología evolucionista produjo algunos aportes importantes para entender los crímenes y homicidios como formas de adaptación humana a los desafíos generados en situaciones ambientales específicas, a través de lo que se denomina mecanismos psicológicos evolucionados. Este artículo examina brevemente los antecedent...

  11. [Anticorruption Act : A criminal proceedings prophylaxis for urologists].

    Science.gov (United States)

    Schneider, H; Stolzenburg, J-U

    2018-03-01

    Since the introduction of the German Act to Combat Corruption in the Healthcare Sector concerns of fear and uncertainty are present. An elementary protection against criminal investigations can be achieved by complying with the physician professional law. Service contracts with the industry can be concluded if the interest in the service is reasonable and the payment is appropriate. There is a restrictive scale for clinical trials with already authorized products regarding any compensation granted which should correspond to the amount determined by the applicable elements of the German scale of medical fees (GOÄ). Invitations to academic training events can be accepted within an appropriate framework.

  12. Relationship between income and repeat criminal victimization in Brazil

    Directory of Open Access Journals (Sweden)

    Marcelo Justus

    2015-09-01

    Full Text Available This study analyzes the effect of income on repeat criminal victimization in Brazil using data from the 2009 National Household Sample Survey and its special supplement on victimization and access to justice. Two count-data models were estimated for four types of crime: theft, robbery, attempted theft/robbery, and physical assault. A positive nonlinear effect of income on repeat victimization for the three types of property crimes and a negative nonlinear effect of income on physical assault were observed.

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

    Directory of Open Access Journals (Sweden)

    Silchenko V.V.

    2014-12-01

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

  14. Does race really matter? Career goals, perceptions of criminal justice practitioners and competence among criminal justice undergraduates

    Directory of Open Access Journals (Sweden)

    Youngyol Y. Schanz

    2013-06-01

    Full Text Available This study examines whether race or ethnicity affects student decision-making pertaining to career goals and choices. The career goals and choices of undergraduates in criminal justice (CJ were surveyed in early spring of 2006. The research also investigates students’ perceptions of their own perceived competence as future CJ practitioners. Data were collected from CJ undergraduates from an urban university in the upper Midwestern part of the U.S. The results indicate that racial or ethnic minority students have significantly different career goals and choices than those of non-minority students. Some future research implications and policy implications are discussed.

  15. 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.

  16. Criminal law repercussions on the Civil Protection System

    Science.gov (United States)

    Altamura, M.; Musso, L.

    2009-09-01

    The legal systems of our Countries provide the citizenship with a high level of protection. Personal safety and the protection of property are guaranteed by the State through organized structures among which we can include the Civil Protection. The progress of science and technology has greatly improved monitoring tools, currently used by the Civil Protection, which allow, to a certain extent, to predict and prevent risk and natural hazards. The assertion of an individual right, which in some cases has reached a constitutional rank, to benefit from Civil Protection services and the widespread perception throughout the citizenship of the competence of the system to prevent disasters, often causes people to take legal action against Civil Protection authorities should they fail in their duties to protect. However, the attempt of having both recognized an economic compensation for the suffered loss and the punishment of those whom misled, frequently undergoes criminal law. This process could have results that may jeopardize the effectiveness of Civil Protection service without meeting citizens’ demands. A dual effort is thus necessary in order to solve such a problem. On the one hand, an interdisciplinary knowledge needs to pervade criminal law in an attempt to relieve its self-referentiality and pretended supremacy. On the other hand an alternative, and more agile, system -such as civil or administrative law- has to be identified in order to respond to the legitimate requests for protection in the case of a faulty behaviour of the authorities.

  17. Simply criminal: predicting burglars' occupancy decisions with a simple heuristic.

    Science.gov (United States)

    Snook, Brent; Dhami, Mandeep K; Kavanagh, Jennifer M

    2011-08-01

    Rational choice theories of criminal decision making assume that offenders weight and integrate multiple cues when making decisions (i.e., are compensatory). We tested this assumption by comparing how well a compensatory strategy called Franklin's Rule captured burglars' decision policies regarding residence occupancy compared to a non-compensatory strategy (i.e., Matching Heuristic). Forty burglars each decided on the occupancy of 20 randomly selected photographs of residences (for which actual occupancy was known when the photo was taken). Participants also provided open-ended reports on the cues that influenced their decisions in each case, and then rated the importance of eight cues (e.g., deadbolt visible) over all decisions. Burglars predicted occupancy beyond chance levels. The Matching Heuristic was a significantly better predictor of burglars' decisions than Franklin's Rule, and cue use in the Matching Heuristic better corresponded to the cue ecological validities in the environment than cue use in Franklin's Rule. The most important cue in burglars' models was also the most ecologically valid or predictive of actual occupancy (i.e., vehicle present). The majority of burglars correctly identified the most important cue in their models, and the open-ended technique showed greater correspondence between self-reported and captured cue use than the rating over decision technique. Our findings support a limited rationality perspective to understanding criminal decision making, and have implications for crime prevention.

  18. Combating Rhino Horn Trafficking: The Need to Disrupt Criminal Networks.

    Directory of Open Access Journals (Sweden)

    Timothy C Haas

    Full Text Available The onslaught on the World's wildlife continues despite numerous initiatives aimed at curbing it. We build a model that integrates rhino horn trade with rhino population dynamics in order to evaluate the impact of various management policies on rhino sustainability. In our model, an agent-based sub-model of horn trade from the poaching event up through a purchase of rhino horn in Asia impacts rhino abundance. A data-validated, individual-based sub-model of the rhino population of South Africa provides these abundance values. We evaluate policies that consist of different combinations of legal trade initiatives, demand reduction marketing campaigns, increased anti-poaching measures within protected areas, and transnational policing initiatives aimed at disrupting those criminal syndicates engaged in horn trafficking. Simulation runs of our model over the next 35 years produces a sustainable rhino population under only one management policy. This policy includes both a transnational policing effort aimed at dismantling those criminal networks engaged in rhino horn trafficking-coupled with increases in legal economic opportunities for people living next to protected areas where rhinos live. This multi-faceted approach should be the focus of the international debate on strategies to combat the current slaughter of rhino rather than the binary debate about whether rhino horn trade should be legalized. This approach to the evaluation of wildlife management policies may be useful to apply to other species threatened by wildlife trafficking.

  19. Controversies Concerning the Canadian Not Criminally Responsible Reform Act.

    Science.gov (United States)

    Lacroix, Robert; O'Shaughnessy, Roy; McNiel, Dale E; Binder, Renée L

    2017-03-01

    In Canada, individuals found not criminally responsible on account of mental disorder are subject to the disposition recommendations of the Provincial or Territorial Review Board of the jurisdiction where the offense was committed. Bill C-14, known as "The Not Criminally Responsible Reform Act" made changes to the postverdict disposition process of these individuals. This legislation was consistent with a broader "tough-on-crime" agenda of the previous federal government. The legislative changes codify that Review Boards take public safety as the "paramount consideration" in making their recommendations. The legislation also creates a new "high-risk" category for certain offenders and imposes limitations on their liberty. Further, Bill C-14 seeks to enhance victim involvement in the disposition process. The passage of this legislation has generated significant controversy in the medical and legal fields. Critics have stated that there is an absence of empirical evidence on which to base the amendments, that the legislation was an overreaction to high-profile cases, and that Bill C-14 is in questionable compliance with the Canadian Charter of Rights and Freedoms. In this review, we explore the potential catalysts involved in the creation of Bill C-14, the controversy surrounding the legislation, and the potential future impact on practicing forensic psychiatrists and on the forensic mental health system in Canada. © 2017 American Academy of Psychiatry and the Law.

  20. Application of AMS 14C measurements to criminal investigations

    International Nuclear Information System (INIS)

    Nakamura, T.; Ohta, T.; Nishida, M.; Rakowski, A.; Ikeda, A.; Oda, H.; Kojima, S.

    2007-01-01

    14 C variations of atmospheric CO 2 as well as carbonaceous fraction of living materials, such as collagen from tooth and bone, tissue, skin, hair, nail, etc., of modern humans are influenced by 14 C produced artificially by nuclear bomb tests in the atmosphere from late 1950s to early 1960s. By careful investigation of 14 C concentration of tree rings and human body samples formed in this time intervals, we can establish a relationship of their 14 C concentrations with calendar year. By applying this relation to a sample whose 14 C concentration can be measured, we can estimate the formation age of the sample. In addition, sources of the chemicals that were used in some criminal cases can be possibly identified, by their carbon isotope ratios ( 13 C/ 12 C and 14 C/ 12 C). This method of age determination has been applied to a forensic study, i.e., two criminal cases of murder. For each case, by comparing the measured 14 C abundances of several pieces of hair and one tooth (the third molar) from the body with the annual change on concentrations of bomb-produced 14 C, the time of death of the body and the age of the victim were estimated. The estimated values were consistent with the real ones that were revealed by the confession of the real murderers. (author)