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1
Sulistyowati, Sulistyowati. „POLICE RECONSTRUCTION POLICY AND LAW IN THE IMPLEMENTATION OF ATTORNEY RESTORATIVE JUSTICE EMBEZZLEMENT BASED CRIME LAW PROGRESSIVE“. Jurnal Pembaharuan Hukum 4, Nr. 2 (15.08.2017): 255. http://dx.doi.org/10.26532/jph.v4i2.1670.
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The aim of this study is to determine and assess the legal policy in the Police and the Prosecutor in the application of restorative justice criminal offense of embezzlement today, to know and study the the obstacles of legal policy in the Police and the Prosecutor in the application of restorative justice acts criminal embezzlement based on Progressive Law .This research is descriptive analytic research, which means the results of this study seeks to provide a thorough and in-depth description of a situation, fact or phenomenon. Approach method used in this study was empirical juridical approach or Socio - Legal Research. Analysis data used in this research was a qualitative descriptive data analysis.Results of this study are (1) The policy of law on the Police and the Prosecutor in the application of restorative justice criminal offense of embezzlement is for the investigation of the offenses of embezzlement. The investigators still examine the perpetrators, victims and witnesses, as well as what happens at the level of the prosecution attorney. The attorneys as a public prosecutor still proceed with the prosecution in accordance with the criminal procedure. Justice system if the parties so good Perpetrators, agreed to make peace and do not want to continue the case to the next process, the Investigator Police will apply discretion by allowing the case file was hanging in the sense of not issued Warrant Termination of Investigation but did not proceed to the extent prosecution. Also at the level of prosecution, as the Attorney General Prosecutor not issued Cessation prosecution but also does not proceed bestow the file to the Court; (2) Factors to be obstacles in the implementation of legal policies Police and the Attorney General in the implementation of restorative justice criminal offense of embezzlement at this time.
2
Altunjan, Tanja. „The International Criminal Court and Sexual Violence: Between Aspirations and Reality“. German Law Journal 22, Nr. 5 (August 2021): 878–93. http://dx.doi.org/10.1017/glj.2021.45.
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AbstractThe adoption of the Rome Statute of the International Criminal Court (ICC) was widely lauded as a success with regard to the recognition and potential prosecution of conflict-related sexual violence. More than twenty years later, however, many observers are disillusioned with the ICC’s dire track record concerning the implementation of its progressive legal framework. In many cases, the Court and particularly its Prosecutor have been criticized for failing to adequately address and prioritize sexual violence, culminating in only a single final conviction since 2002. Nevertheless, the ICC’s emerging practice shows progress with regard to the conceptual understanding of conflict-related sexual violence and the realization of the Statute’s full potential in ensuring accountability for sexual crimes. Taking into account the evolving jurisprudence, the Article explores the persisting challenges and the perceived gap between aspirations and reality regarding the prosecution of sexual violence at the ICC.
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Donovan, Brian, und Tori Barnes-Brus. „Narratives of Sexual Consent and Coercion: Forced Prostitution Trials in Progressive-Era New York City“. Law & Social Inquiry 36, Nr. 03 (2011): 597–619. http://dx.doi.org/10.1111/j.1747-4469.2011.01244.x.
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This article analyzes testimony about forced prostitution voiced in New York City's Court of General Sessions from 1908 to 1915. During these years, the problem of coercive prostitution—commonly called “white slavery”—received an unprecedented amount of attention from journalists, politicians, and antivice activists. Drawing from verbatim transcripts of compulsory-prostitution trials, our research examines the relationship between cultural narratives and courtroom storytelling. We show how the white slavery narrative in popular culture oriented prosecutors, defense attorneys, judges, and jurors in prostitution trials. Extending the account of social control in the sociological literature on antivice activism, our analysis shows that the prosecution of forced prostitution was not simply a top-down exercise of juridical power. Using insights from conversation analysis and cultural history, an examination of compulsory-prostitution cases reveals a quadripartite storytelling process where judges and jurors—with different orientations to the white slavery narrative—played a constitutive role in how the defense and prosecution argued their cases.
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Engle, Karen. „Mapping the Shift: Human Rights and Criminal Law“. Proceedings of the ASIL Annual Meeting 112 (2018): 84–85. http://dx.doi.org/10.1017/amp.2019.38.
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In 2015, the Institute for Policy Studies (IPS)—a progressive think tank on U.S. domestic and foreign policy—awarded its annual human rights awards to two criminal lawyers. The domestic award went to Daryl Atkinson, who advocates for the rights of convicted felons. Its international award went to Almudena Bernabeu, for what the IPS called her “successful prosecution of several of the worst Latin American perpetrators of crimes against humanity.” I do not think that the IPS was trying to be balanced by picking a lawyer working on behalf of the rights of the formerly incarcerated, on one hand, and a prosecutor, on the other. Rather, the organization sought to honor those it sees as promoting human rights. In the context of U.S. law, that means fighting for the rights of defendants and the convicted. For international law, it means the opposite.
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Selkur, Rita Dashe. „Prosecution in Criminal Tax Proceeding in Nigeria, Legal Challenges“. KAS African Law Study Library - Librairie Africaine d’Etudes Juridiques 6, Nr. 4 (2019): 523–40. http://dx.doi.org/10.5771/2363-6262-2019-4-523.
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Tax, being a compulsory exertion by government on the citizen, is regulated by statute in which case citizens are to comply with. It is a strict liability offence which if it is demanded that you have not paid, the defence is for you to show you have paid. Be it an individual or corporate body. The concept of prosecution in Taxation in Nigeria is roughly captured by the FIRS ACT for the Federal government and the SIRB Law for the various States, including the TAT ACTS as an undertaking in the progressive development and reform of the substantive and applicable laws in Nigeria to be on the same page with the developed countries. Where there is an offence, the law proscribes for penalty which could be in terms of fines, imprisonment etc. However, some of these offences are sometimes not prosecuted. It is recommended that in order to ensure tax compliance, prosecution of offences should be taken seriously as the outcome of any tax matter affects the behaviour of tax payers wherein, it is taken that the motivation for crime is the criminal’s belief that he can enjoy his loot. I have highlighted the importance and the process in prosecution of Tax offences, the worrying aspect in my humble view in form of the challenges which needs to be considered critically then finally, a pause to rethink and the way forward. Useful materials were gotten from books, journals and the internet.
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Maclean, Brian D. „Right Realism and Priority Prosecution: The Necessity of a Progressive Law and Order Discourse in Canada“. Humanity & Society 17, Nr. 3 (August 1993): 345–64. http://dx.doi.org/10.1177/016059769301700306.
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Gaskill, Malcolm. „The displacement of Providence: policing and prosecution in seventeenth- and eighteenth-century England“. Continuity and Change 11, Nr. 3 (Dezember 1996): 341–74. http://dx.doi.org/10.1017/s0268416000003453.
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Jusqu'au début du XVIIe siècle, la foi dans la capacité de la Providence divine à démasquer les meurtriers palliait les incertitudes de procédures judiciaires de toute façon non codifiées et fantaisistes. Nous montrons ici que des procédures plus codifiées et plus rigoureuses se sont mises en place progressivement à partir de la seconde moitié du XVIIe siècle, tant pour l'administration de la preuve, que pour le maintien de l'ordre public, et que ce mouvement a coïncidé avec une réappréciation progressive du rôle de la Providence dans la foi et la culture protestante. En consacrant cet article à l'évolution des méthodes d'enquête et de recherche des preuves à travers un certain nombre de procès pour homicide, nous contribuons en fait à décrire un des aspects de la sécularisation de la vie et des mentalités anglaises que l'on constate vers 1800.
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Wahyuni, Ajeng Tri. „Toward a Progressive Public Prosecutor's Office: A Study on Investigation, Prosecution and Adjudication of Criminal Acts of Corruption“. Indonesia Law Review 4, Nr. 2 (01.10.2014): 279. http://dx.doi.org/10.15742/ilrev.v4n2.112.
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Kölbel, Ralf. „“Progressive” Criminalization? A Sociological and Criminological Analysis Based on the German “No Means No” Provision“. German Law Journal 22, Nr. 5 (August 2021): 817–32. http://dx.doi.org/10.1017/glj.2021.31.
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AbstractThe “no means no” model has been applied in Germany since November 10, 2016. Its introduction has considerably extended the scope of criminalized forms of sexual interaction. This Article examines the criminal policy discourse that gave rise to it and the question of whether the new provisions have led to the changes in the practices of criminal prosecution proclaimed in advance. The results will be critically assessed. The new legislation relating to sexual offenses was also shaped on the initiative of groups perceiving themselves as emancipatory, and in the understanding of these groups, the “no means no” provision acts as “progressive” criminalization. Yet, aside from the fact that the associated expectations have hardly been met as of yet, this movement would have to resolve an essential question: Is penal law compatible with a “progressive” social policy they claim to stand for at all, and if so, what conditions does it have to meet?
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Pavuk, Alexander. „Evolution and Voices of Progressive Catholicism in the Age of the Scopes Trial“. Religion and American Culture: A Journal of Interpretation 26, Nr. 1 (2016): 101–37. http://dx.doi.org/10.1525/rac.2016.26.1.101.
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AbstractBelying assumptions about Catholics and science grounded in the old science-religion warfare model in the 1920s, two liberal Catholic intellectuals contributed in some important but overlooked ways to the discourse where prominent scientist-popularizers and other intellectuals constructed the public understanding of evolution and the Scopes Trial in the mid-1920s US. This article explores publicly-disseminated articles and archival correspondence between Catholics and non-Catholics on these topics, concluding that the manner in which the former supported evolution and opposed the Scopes prosecution may have unintentionally fostered scientism and religious modernism, rather than Catholicism, in the public square. Conditioned by their own Progressive-Era experiences and intellectual training, renowned liberal Catholics Fr. John A. Ryan, board member of the American Civil Liberties Union, and Michael Williams, editor ofCommonwealmagazine, framed their arguments directed at non-Catholic intellectual elites almost exclusively in social and biological science to the exclusion of religion. They did so even as public intellectuals and prominent scientists of modernist faith, like Henry Fairfield Osborn of the Museum of Natural History, constructed a public image of evolution that blended religion, philosophy and science when assigning meaning to the Scopes Trial. This study broadens the view of science-religion conversations surrounding evolution in the 1920s by integrating voices usually omitted from the story while further complicating the still-resonant ‘creationist-' evolutionist’ paradigm.
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Goldson, Barry. „‘Unsafe, Unjust and Harmful to Wider Society’: Grounds for Raising the Minimum Age of Criminal Responsibility in England and Wales“. Youth Justice 13, Nr. 2 (August 2013): 111–30. http://dx.doi.org/10.1177/1473225413492054.
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This article assesses critically the means by which social (symbolic) and statutory (institutionalized) constructions of child ‘offenders’ in England and Wales intersect and underpin processes of responsibilization and adultification. It is argued that securing immunity from prosecution should be the principal driver for raising the minimum age of criminal responsibility. In this sense the analysis is less concerned with questions of capacity and mens rea and more interested in: compliance with international human rights standards; modelling a system of justice that is broadly compatible with law, policy and practice in Europe (and elsewhere); ensuring that criminal law coheres with civil law; minimizing social harm and obtaining the best outcomes for children in conflict with the law, the wider community and the general public in respect of crime prevention and community safety. Finally, the prospects for such progressive reform within a context of heightened politicization are considered.
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Harper, Stephen. „‘Terrible things happen’: Peter Bowker's Occupation and the Representation of the Iraq War in British Television Drama“. Journal of British Cinema and Television 10, Nr. 1 (Januar 2013): 206–23. http://dx.doi.org/10.3366/jbctv.2013.0130.
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Peter Bowker and Laurie Borg's three-part television drama Occupation (2009) chronicles the experiences of three British soldiers involved in the 2003 invasion of Iraq. By means of an historically situated textual analysis, this article assesses how far the drama succeeds in presenting a progressive critique of the British military involvement in Iraq. It is argued that although Occupation devotes some narrative space to subaltern perspectives on Britain's military involvement in Iraq, the production – in contrast to some other British television dramas about the Iraq war – tends to privilege pro-war perspectives, elide Iraqi experiences of suffering, and, through the discursive strategy of ‘de-agentification’, obfuscate the extent of Western responsibility for the damage the war inflicted on Iraq and its population. Appearing six years after the beginning of a war whose prosecution provoked widespread public dissent, Occupation's political silences perhaps illustrate the BBC's difficulty in creating contestatory drama in what some have argued to be the conservative moment of post-Hutton public service broadcasting.
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Bilotta, Giuliana, Salvatore Calcagno und Stefano Bonfa. „Wildfires: an Application of Remote Sensing and OBIA“. WSEAS TRANSACTIONS ON ENVIRONMENT AND DEVELOPMENT 17 (15.04.2021): 282–96. http://dx.doi.org/10.37394/232015.2021.17.29.
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- To maintain soil stability and integrity, it is important to distinguish between soil covered by thick vegetation and that made arid and barren by fire, particularly when considering growing climate change. The safeguarding of these territories and the fight against its progressive environmental degradation requires great attention be paid to forest fires, particularly when considering the enormous environmental damage that fires have caused to important and widespread areas of the globe. The purpose of the contribution here is to compare processing techniques of high-resolution remotely sensed data from optical satellites to determine the best method of automatic discrimination of fire areas, thereby allowing the management of burnt areas in the context of subsequent fire risk. These integrated techniques were developed in a Geographic Information System (GIS) to get an accurate perimeter, and in general to analyze and manage data, geographic and otherwise, with spatial and geostatistical queries and analyzes. In a such a way that has an immediate reflection in the capability of immediately preparing acts, such as orders, decrees and other provisions, both for the protection of properties and territories and to lay a basis also for the prosecution and repression of crimes
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Mrvic-Petrovic, Natasa, und Zdravko Petrovic. „State responsibility for damage caused by unfair sentence or unfounded arrest“. Zbornik Matice srpske za drustvene nauke, Nr. 145 (2013): 653–65. http://dx.doi.org/10.2298/zmsdn1345653m.
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The legal basis of state responsibility for damage caused by unfair sentence or unfounded arrest is the need to protect fundamental human rights and freedoms guaranteed by the Constitution and generally accepted international rules. The right to compensation on this basis (although subjective civil right) has a sui generis legal nature, because it is connected with the protection of human rights. Joint public-private legal nature of such a request is expressed in the legislation of the Republic of Serbia, because the circle of authorized persons and the conditions under which they may be entitled to compensation is determined by the criminal procedural rules, while the existence of a legally recognized forms of damage and the extent to which the damage may be reimbursed is estimated according to the general rules of Law of obligations. While the legislation is very progressive, it is observed that, in practice, the applications for compensation are usually submitted because of the most unreasonable detention of up to one month or three months, and the inefficiency of the criminal proceedings, suspended upon the expiration of the absolute limitation of prosecution. The state could easily affect these practices. Also, the priority of state must be meeting its financial obligations with regard to final adjustments, and the imposition of demands for compensation.
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Winata, Muhammad Reza, und Tri Pujiati. „PEMULIHAN KORBAN TINDAK PIDANA PERDAGANGAN ORANG BERDASARKAN PENDEKATAN HUKUM PROGRESIF DAN HAK ASASI MANUSIA“. Jurnal Yudisial 12, Nr. 1 (31.05.2019): 81. http://dx.doi.org/10.29123/jy.v12i1.337.
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ABSTRAKTindak pidana perdagangan orang merupakan kejahatan yang melanggar hak asasi manusia. Dalam praktik, masih terdapat kendala untuk memulihkan hak asasi manusia korban tindak pidana perdagangan orang, sehingga diperlukan pendekatan berdasarkan hukum progresif dan hak asasi manusia (human rights based approach). Artikel ini menjawab rumusan masalah yaitu pemulihan korban tindak pidana perdagangan orang berdasarkan pendekatan hukum progresif dan hak asasi manusia dalam Putusan Nomor 978/Pid.Sus/2016/PN.JKT.PST. Metode penelitian menggunakan penelitian hukum kualitatif melalui pendekatan putusan, regulasi, dan doktrinal, serta pengumpulan data dengan studi kepustakaan terhadap bahan hukum primer dan sekunder, serta wawancara narasumber. Hasil kajian menunjukkan Putusan Nomor 978/Pid.Sus/2016/PN.JKT.PST menerapkan hukum progresif melalui sita restitusi yang sesungguhnya belum diatur secara normatif dalam Undang-Undang Pemberantasan Tindak Pidana Perdagangan Orang. Terobosan hukum ini dilakukan dengan menyita kekayaan terdakwa pada tingkat penyidikan atau penuntutan untuk kepentingan ganti kerugian terhadap korban. Selain itu, kajian terhadap putusan menunjukkan putusan ini sebenarnya telah memiliki dimensi berdasarkan pendekatan hak asasi manusia. Namun, terobosan hukum pada putusan masih belum sepenuhnya menjamin pemulihan hak asasi manusia karena terdapat kemungkinan terdakwa tidak mampu membayar atau tidak memiliki kekayaan untuk disita, maka negara berkewajiban hadir untuk memulihkan hak korban tindak pidana perdagangan orang melalui pemberian kompensasi.Kata kunci: tindak pidana perdagangan orang, hukum progresif, hak asasi manusia. ABSTRACT Human trafficking is a crime that violates human rights. In practice, there are still some obstacles in legal remedies of human rights of the victims of human trafficking that an approach based on progressive law and human rights is needed. This analysis elaborates the formulation of the problem in Decision Number 978/Pid.Sus/2016/PN.JKT.PST concerning legal remedies of the human trafficking victims based on progressive legal and human rights approach. The method applied is qualitative legal research through decisions, regulations, and doctrinal procedures, as well as library data collecting on primary and secondary legal materials, along with interviews. The results of the study show that the Decision Number 978/Pid.Sus/2016/PN.JKT.PST applies progressive law through the confiscation of restitution which is not yet normatively regulated in the Law on Eradication of Human Trafficking Crimes. Legal breakthrough is made by confiscating the assets of the defendant in the investigation or prosecution level for the victims' compensation. Further, the analysis result of court decisions shows that the decision has already had dimensions based on the human rights approach. But, the legal breakthrough in the declaration still cannot fully guarantee the legal remedies of human rights of the victims if the defendant cannot be able to pay or have no properties to confiscate. In this case, the state is obliged to give back the rights of the victims of human trafficking through compensation. Keywords: human trafficking, progressive law, human rights.
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Maučec, Gregor. „The International Criminal Court and the Issue of Intersectionality—A Conceptual and Legal Framework for Analysis“. International Criminal Law Review 21, Nr. 1 (05.02.2021): 1–34. http://dx.doi.org/10.1163/15718123-bja10043.
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Abstract A survey of relevant case law of the International Criminal Court (icc or Court) reveals inconsistencies, as well as conceptual flaws and limitations in the Court’s mainly uni-sectional approach to mass atrocities that involve multiple and intersecting forms discrimination, in particular with regard to the cornerstones of such cases—the identification of the protected groups and their members. This has resulted in discrepancies and low levels of legal protection against intersectional targeting. Such a cautious, selective and inconsistent approach of the icc to this issue is unsurprising given that the application of intersectionality in practice is a radical and transformative project. Espousing a more consistent and intersectional approach of the icc in considering mass atrocities against different protected groups and their members, this article discusses the Court’s legal framework and major conceptual and statutory concerns surrounding the icc prosecutor’s and judges’ enhanced engagement—through more progressive law interpretation—with the phenomena of intersectionality and key concepts related to it. The main purpose of this contribution is thus two-fold: (1) to demonstrate and explain why, in practice, the focus on intersectional dimensions of such situations and cases in their selection, prosecution and adjudication does not interfere with strict adherence to the principle of legality underlying the Rome Statute, and (2) to analyse the legal grounds and avenues for the Court to implement intersectionality when dealing with atrocities involving intersectional discrimination. It is ultimately suggested that Article 21(3) of the Rome Statute offers a proper and solid legal basis for interpreting and applying pertinent international criminal law in light of intersectionality.
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Prisco, V., M. Petrosino und M. Fabrazzo. „Pro-BNP as a biomarker of asymptomatic clozapine-related heart dysfunction: Possible usefulness for clozapine management“. European Psychiatry 33, S1 (März 2016): S549—S550. http://dx.doi.org/10.1016/j.eurpsy.2016.01.2029.
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Cardiovascular clozapine-related side effects such as tachycardia and orthostatic hypotension are well recognized, but are rarely clinically important. However, the increasing number of life-threatening drug-related complications are giving rise to concerns about cardiac adverse reactions (myocarditis, cardiomyopathy, pericarditis and heart failure). The diagnosis is usually made considering patient's symptoms, such as tachycardia, slightly increased body temperature, subjective chest pain, dyspnea. However, this symptomatology is not always present in a clozapine-related pericarditis. Some authors suggest measuring BNP levels to detect early and asymptomatic cardiac dysfunction. We here report the clinical cases of two women, respectively 22 and 28 years old. They both suffered from an early onset resistant schizophrenia. Clozapine was gradually introduced, at a dose of 200 mg/day, in both patients. After about one month in both cases, while the first patient was nearly asymptomatic, apart from the intermittent fever (only PCR and pro-BNP values were elevated, 16.88 mg/dL and 1004 pg/mL, respectively), the second one showed a classic symptomatology suggestive of pericarditis. Clozapine was discontinued in both patients, resulting in progressive resolution of pericarditis. Interestingly, in the patient in which pro-BNP was elevated, after clozapine cessation, the pro-BNP fell down dramatically. Pro-BNP plasma levels appears to be an interesting test in identifying subjects with asymptomatic cardiac impairment. It would be useful to evaluate if early treatment with beta-blockers and ACE-inhibitors may allow the prosecution of clozapine treatment after developing of mild signs of cardiac toxicity in drug resistant schizophrenic patients responsive to clozapine.Disclosure of interestThe authors have not supplied their declaration of competing interest.
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Ofer, Nogah. „Implementation of the Non-Punishment Principle in England: Why Are Victims of Trafficking Not Benefiting from the Protection from Prosecution Provided by International Law?“ Journal of Human Rights Practice 11, Nr. 3 (01.11.2019): 486–507. http://dx.doi.org/10.1093/jhuman/huz031.
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Abstract This study examines the prosecution of victims of trafficking for illegal activities they were compelled to carry out due to slavery or exploitation. The legal principle of ‘non-punishment’ protects victims from criminalization and was adopted in European law in 2005 and United Kingdom (UK) law in 2015. Despite this, prosecutions continue in the UK to date, with trafficking victims sometimes spending lengthy periods in custody. This research asks why that is the case. It adopts a micro-level analysis of two pathways: the first follows the processes within the criminal justice system from arrest to trial, and the second the progression between the state’s adoption of law and/or policy and its application by state agents. This study finds that at almost every stage the state fails to take sufficient proactive steps to elicit change, so that business as usual often prevails on the front line. The study also considers two alternative hypotheses: that prosecutions are the result of victims’ lack of disclosure, or a result of the need for the courts to establish in each case whether protection is warranted. It concludes that although these factors have some limited effect, state failings are the primary cause of prosecutions which breach the non-punishment principle. This research falls within the wider question of the effectiveness of international human rights law and I hope that it may contribute to the understanding and enhancement of human rights implementation.
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Cremolini, Chiara, Fotios Loupakis, Guido Bocci, Anna Fioravanti, Gianluca Masi, Lisa Salvatore, Federica Marmorino et al. „Circulating angiogenic factors as predictors of benefit from bevacizumab (bev) beyond progression in metastatic colorectal cancer (mCRC): Translational analyses from the phase III BEBYP trial.“ Journal of Clinical Oncology 31, Nr. 4_suppl (01.02.2013): 382. http://dx.doi.org/10.1200/jco.2013.31.4_suppl.382.
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382 Background: TML and BEBYP trials demonstrated that the strategy of prosecuting bev beyond progression is effective in mCRC. Previous analyses from phase II studies showed that a dynamic modulation of plasma angiogenic factors occurs during first-line treatment with chemotherapy (CT) plus bev and a wide variability in soluble Vascular Endothelial Growth Factor Receptor 2 (sVEGFR2) levels was observed at the time of progression. Moving from preliminary analyses in murine models we selected a pool of candidate ligands to be tested in the clinical setting. Methods: sVEGFR2, Placental Growth Factor (PlGF), Platelet-Derived Growth Factor-C, basic Fibroblast Growth Factor, Angiopoietin-2 and sTie-2 were assessed by ELISA on plasma samples collected at baseline in a cohort of 59 patients enrolled in phase III BEBYP trial of 2nd-line CT ± bev beyond progression to a bev-containing first-line regimen. Plasma levels were defined high or low adopting the median as cut-off. Results: A significant interaction between treatment arm and baseline sVEGFR2 levels was observed (p=0.036). Among 30 patients with high sVEGFR2 levels, the prosecution of bev was associated with a significant benefit in terms of PFS (median: 10.4 vs 3.4 months, HR 0.37 [95%CI:0.10-0.58], p=0.0015), that was not evident among 29 patients with low sVEGFR2 levels (5.4 vs 5.0 months, HR 0.98 [95%CI:0.45-2.11], p=0.956). Despite a trend towards a greater benefit from bev among 30 patients with high PlGF levels (HR 0.45 [95%CI: 0.13-0.86]), no interaction between treatment arm and baseline PlGF levels was observed (p=0.210). Combined analysis of sVEGFR2 and PlGF showed that prosecuting bev provided a substantial benefit in PFS in the subgroup with high levels of both ligands (10.5 vs 2.3 months, HR 0.25 [95%CI:0.01-0.45], p=0.043). Conclusions: sVEGFR2 levels at the time of first progression may predict benefit from the prosecution of bev. Impressive results deriving from concomitant testing of sVEGFR2 and PlGF may be affected by excessive subgrouping and should be considered cautiously. Given their potential clinical value these data need prospective confirmation. Clinical trial information: NCT00720512.
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Fletcher, Ian Christopher. „“Prosecutions…are Always Risky Business”: Labor, Liberals, and the 1912 “Don't Shoot” Prosecutions“. Albion 28, Nr. 2 (1996): 251–78. http://dx.doi.org/10.2307/4052461.
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In the spring of 1912, the British syndicalist leader Tom Mann was prosecuted under the Incitement to Mutiny Act 1797 for his opposition to the use of troops during the great coal strike. He was convicted and sentenced to six months' imprisonment, but an outcry from socialists, trade unionists, and progressives forced the Liberal government to reduce his sentence and release him early from prison. This much is familiar to historians of early twentieth-century Britain and Ireland. It is often forgotten, however, that Mann was only one of eight syndicalists and socialists who were prosecuted for their involvement in the “don't shoot” agitation. It is likewise forgotten that Mann went on trial just days before the suffragette leaders Emmeline Pankhurst and Frederick and Emmeline Pethick Lawrence shared a similar fate, amid demands that Sir Edward Carson, the leading opponent of Irish home rule, join them in the dock. Indeed, the Nation, a progressive Liberal weekly, complained that “the country is…getting somewhat tired of political trials.” Perhaps because we assume the relative transparency of the law, historians have failed to scrutinize in detail the origins and outcome of the “don't shoot” prosecutions. George Dangerfield devoted one sentence to them, Elie Halévy a few more; although the “don't shoot” episode has been invoked to symbolize the increasingly fragile relations between Liberalism and the working classes, it continues to receive only brief mention in accounts of Edwardian labor and politics. Even Tom Mann's biographers have shed little new light on his case.
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Shepitko, V. Yu. „DESIGNATED PURPOSE OF CRIMINALISTIC KNOWLEDGE AND AMBITION TO THE EUROPEAN STANDARDS IN COUNTERACTING CRIMINALITY“. Theory and Practice of Forensic Science and Criminalistics 17 (29.11.2017): 4–11. http://dx.doi.org/10.32353/khrife.2017.01.
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The formation and development of criminalistic knowledge and their targeted purpose are considered. Subjects of applying criminalistic knowledge in different countries of the world and in different historical periods are defined. The tendencies concerning changes in the subjects of applying criminalistic knowledge in the adversarial criminal process are retraced. One of the tendencies of the past was the shift of the scientific-cognitive emphasis in favor of the investigating crimes process, which entailed the final displacementfrom the subject domain of Criminalistics of such phenomenon as the crime with all the consequences. Criminalistics focused on the cognition of the material traces of crime, on the collection, evaluation and use of evidence, cognition ofproofprocess. During this period, the only consumer and subject of the use of criminalistic knowledge was the investigator. In connection with the reform of the judiciary and law enforcement bodies, there appear new subjects, using criminalistic knowledge: the parties of the criminal proceedings, the procedural head, the head of the pre-trial investigation body, the investigating magistrate, etc. In addition, reforming of the entire law enforcement system, the creation of new institutions (in particular, in the area of corruption counteraction), is associated with the emergence of specific officials - detectives (persons who combine investigative and operative activities). Legislative bases for creation of search services - private detective agencies (private detectives) are also being developed. Thus, the adversarial process leads to the change of the subjects using criminalistic knowledge. Now we can speak about the formation of "competitive criminalistics", criminalistics for the prosecution party and the professional protection party, as well as criminalistics for the court (forensic criminalistics). The introduction of progressive European standards, the expansion of the methods of judicial protection of an individual in the criminal proceedings and the means of proof is associated with the changes in criminalistic tools, with offering of methods, techniques and technologies used in countering criminality.
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Antoniotti, Carlotta, Fotios Loupakis, Chiara Cremolini, Guido Bocci, Anna Fioravanti, Gianluca Masi, Lisa Salvatore et al. „Circulating angiogenic factors as predictors of benefit from bevacizumab (bev) beyond progression in metastatic colorectal cancer (mCRC): Traslational analyses from the phase III BEBYP trial.“ Journal of Clinical Oncology 31, Nr. 15_suppl (20.05.2013): 3603. http://dx.doi.org/10.1200/jco.2013.31.15_suppl.3603.
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3603 Background: TML and BEBYP trials demonstrated that the strategy of prosecuting bev beyond progression is effective in mCRC. Previous analyses from phase II studies showed that a modulation of plasma angiogenic factors occurs during 1st-line treatment with chemotherapy (CT) + bev and a wide variability in soluble Vascular Endothelial Growth Factor Receptor-2 (sVEGFR-2) levels was observed at the time of progression. Moving from preliminary analyses in murine models we selected a pool of candidate ligands to be tested in the clinical setting. Methods: sVEGFR2, Placental Growth Factor (PlGF), Platelet-Derived Growth Factor-C, basic Fibroblast Growth Factor, Angiopoietin-2 and soluble Tie-2 were assessed by ELISA on plasma samples collected at baseline in a cohort of 59 patients enrolled in phase III BEBYP trial of 2nd-line CT ± bev beyond progression to a bev-containing first-line regimen. Plasma levels were defined high or low adopting the median values as cut-off. Results: A significant interaction between treatment arm and baseline sVEGFR-2 levels was observed (p=0.036). Among 30 patients with high sVEGFR-2 levels, the prosecution of bev was associated with a significant benefit in terms of PFS (median: 10.4 vs 3.4 months, HR 0.37 [95%CI 0.10-0.58], p=0.0015), that was not evident among 29 patients with low sVEGFR-2 levels (5.4 vs 5.0 months, HR 0.98 [95%CI 0.45-2.11], p=0.956). Despite a trend towards a greater benefit from bev among 30 patients with high PlGF levels (HR 0.45 [95%CI 0.13-0.86]), no interaction between treatment arm and baseline PlGF levels was observed (p=0.210). Combined analysis of sVEGFR-2 and PlGF showed that prosecuting bev provided a substantial benefit in PFS in the subgroup with high levels of both ligands (10.5 vs 2.3 months, HR 0.25 [95%CI 0.01-0.45], p=0.043). Conclusions: sVEGFR-2 levels at the time of first progression may predict benefit from prosecuting bev. Interesting results from simultaneous analysis of sVEGFR-2 and PlGF may be affected by a pronounced subgrouping and should be considered cautiously. Given their potential clinical value, these data need prospective confirmation. Clinical trial information: NCT00720512.
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Pujinoto, Sisno, Anis Mashdurohatun und Achmad Sulchan. „Juridical Analysis Of Application Of Forgiveness (Rechterlijk Pardon) As A Basis Of Judge Consideration In Deciding The Criminal“. Jurnal Daulat Hukum 3, Nr. 2 (01.06.2020): 307. http://dx.doi.org/10.30659/jdh.v3i2.10085.
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The formulation of the problem in this study are: How is the principle position Rechterlijk Pardon in the criminal system in Indonesia, how the principles are applied Rechterlijk Pardon in a criminal ruling Decision Number 241 / Pid.B / 2019 / PN.Mjl andHow the development / concept of the Rechterlijk Pardon principle in the renewal of the Indonesian criminal law that will come related to the draft criminal law on the monodualistic principle?This study uses a sociological juridical approach, with descriptive analytical research specifications. The data used in this study are secondary data obtained through library research and primary data obtained through field research which are then analyzed qualitatively using legal theory, the forgiveness agency theory, criminal justice system theory, and progressive legal theory. Based on the results of that study The position of the Rechterlijk Pardon Principle in the Criminal System in Indonesia is forgiveness is a form of forgiveness / deliverance from mistakes made. As a form of forgiveness, then with forgiveness, someone who is guilty is not sentenced or does not need to feel the punishment. Provisions such as this basically exist in conditional criminal conduct (voorwaardelijke veroordeling) regulated in Article 14a-14f of the Criminal Code. Conditional penalties are also referred to by part of the community with the term criminal trial or there is also termed as conditional punishment. Application of the Rechterlijk Pardon Principle in Criminal Verdicts Number 241 / Pid.B / 2019 / PN.Mjl it is applied later to act as the final safety valve in the criminal justice system if a case is not filtered at the prosecution and preliminary hearing judge stage. Development / Concept of the Rechterlijk Pardon Principle in the Future Renewal of Indonesian Criminal Laws Associated with the Draft Criminal Laws on the Monodualistic Principle are Forgiveness institution, is an important element to answer problems that cannot be accommodated with only 3 (three) types of decisions (free, loose, criminal funds).Keywords : Institutions; Forgiveness; Rechterlijk Pardon; Considerations; Judges; Decisions.
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Valpione, Sara, Luca G. Campana, Jacopo Pigozzo und Vanna Chiarion-Sileni. „Consolidation electrochemotherapy with bleomycin in metastatic melanoma during treatment with dabrafenib“. Radiology and Oncology 49, Nr. 1 (01.03.2015): 71–74. http://dx.doi.org/10.2478/raon-2014-0035.
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Abstract Background. Small molecules that inhibit V600 mutated BRAF protein, such as vemurafenib and dabrafenib, are effective in treatment of metastatic melanoma. Case report. We here describe the clinical course of a V600E BRAF mutated metastatic melanoma patient with systemic disease, who developed tumor progression on superficial soft-tissue metastases during treatment with dabrafenib. Bleomycin electrochemotherapy during dabrafenib treatment was administered to control the soft-tissue progressing metastases and ensured sustained local control without significant toxicity. Conclusions. The new combined approach maintained the patient quality of life and allowed for the prosecution of the target therapy, which proved to be still effective on systemic disease, up to 17 months
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Berger, Mark. „American Perspectives on Self-Incrimination and the Compelled Production of Evidence“. International Journal of Evidence & Proof 6, Nr. 4 (Dezember 2002): 218–42. http://dx.doi.org/10.1177/136571270200600402.
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The Fifth Amendment of the United States Constitution provides that no person may be compelled in any criminal case to be a witness against himself. The Boyd decision in 1886 recognised an intimate relation between the privilege against self-incrimination and the restrictions on search and seizure in the Fourth Amendment and created a virtually impenetrable barrier to government demands that a suspect or defendant be compelled to produce evidence against himself. However, since that time the Supreme Court has progressively restricted the scope of Fifth Amendment protection in relation to the compelled production of evidence. This has been achieved by requiring all citizens to appear before grand juries; by denying Fifth Amendment protection to entities; by holding that the compelled production of evidence does not breach the Fifth Amendment unless the very act of production is self-incriminatory; and by denying the privilege in relation to required records. The Supreme Court's stance reflects a recognition of the complexity of contemporary law enforcement problems and may be seen as an attempt to balance the state's interest in the successful prosecution of crime against the citizen's interest in being free from state intrusion. The effect of the Supreme Court's reforms has been to broaden government authority to compel offenders to assist in their own prosecutions whilst limiting Fifth Amendment protection to incrimination through the accused's own testimony or its equivalent.
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ALEKSANDROVA, OL’GA P., und LYUDMILA YU BUDANOVA. „Some Issues Related to the Implementation of the Right to Protection by Individuals in Respect of Whom Criminal Proceedings Are Carried Out to Prove Them Guilty of Committing a Crime“. Penitentiary science 15, Nr. 2 (30.06.2021): 396–404. http://dx.doi.org/10.46741/2686-9764-2021-15-2-396-404.
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Introduction: the article deals with the issues of protection of the rights and freedoms of persons against whom criminal proceedings are carried out to prove them guilty of committing a crime; these issues have always been in the focus of attention of the progressive world community and the legislator. Aims: to analyze the legislation and law enforcement practice of Russia and some other countries in the field of the implementation of the right to protection by persons against whom criminal procedural activities are carried out to prove them guilty of committing a crime, to identify problem issues of a legal nature in this field, and to formulate scientifically substantiated recommendations to address them (minimization). Methods: the dialectical method of scientific knowledge forms the methodological basis of our study. We also use the following methods of scientific cognition: systematic, formal-logical, comparative-legal, etc. Results: the practice of ensuring the right to protection from suspicion or charge, including the decisions of the European Court of Human Rights, shows that not all issues of legal regulation in this area have been resolved to a degree that satisfies science and practice; human rights established by international legal standards are still being violated, the principle of adversarial parties in criminal proceedings is not implemented to the fullest extent, especially in pre-trial proceedings. Discussion: currently, the following issues are debatable: about the possibility of participation of the defender before an official suspicion or charge is brought against the person in an initiated criminal case (from the moment of the beginning of the implementation of procedural actions against a person, aimed at verifying the report of a crime and the involvement of the person in the commission of this crime, before the initiation of a criminal case, as well as from the moment of the implementation of a procedural action in an initiated criminal case affecting the rights and freedoms of the person against whom it is being carried out, and aimed at proving them guilty of committing the crime); about the possible participation of another person as a defender upon the request of the defendant, as well as the scope of the requirements such persons should comply with, and a set of criteria, according to which a decision should be made to allow the individual who does not have the status of defense attorney to act as a defender. Conclusions: based on the results of the study, we formulate proposals for improving the criminal procedure legislation aimed at expanding the scope of possible participation of a defender in criminal proceedings at the stage before the official suspicion or charge is brought, and determining the procedure for considering applications for allowing other persons who do not have the status of defense attorney to act as a defender. Keywords: Criminal prosecution; defender; defense attorney; petition
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Nwozor, Agaptus, John Shola Olanrewaju, Segun Oshewolo und Modupe Bosede Ake. „Is Nigeria really fighting to win the anti-corruption war?“ Journal of Financial Crime 27, Nr. 2 (10.01.2020): 601–17. http://dx.doi.org/10.1108/jfc-08-2019-0109.
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Purpose The purpose of this paper is to evaluate the seeming paradox that underpins Nigeria’s war on corruption. This paradox centres on the undue interference of the presidency in the war against corruption. This interference has resulted in selective prosecutions and a deceleration in the tempo of the anti-corruption crusade. Design/methodology/approach The study used an admixture of primary and secondary data to evaluate whether indeed Nigeria is fighting against corruption to win it. The primary data were derived from key informant interviews. A total of ten diverse experts were interviewed through the instrumentality of unstructured set of questions, which were administered to them with room for elaboration. The secondary data were sourced from archival materials. Findings The findings of the study centre on three key issues: a characteristic one-sidedness in the prosecution of alleged corruption offenders by the anti-graft agencies. Those with pending corruption cases who have decamped to the ruling All Progressives Congress have had their cases placed in abeyance. There is evidence of the politicisation of the war against corruption as well as evidence of weak institutionalisation, which robs the anti-corruption agencies of the capacity to act independently. Practical implications The anti-corruption war may likely be derailed if the operational efficiency of the anti-graft agencies is not enhanced and their independence guaranteed. Social implications If the anti-corruption crusade fails, it will have multiple negative domino effects on national development and quality of life of the Nigerian people. Originality/value The paper is original because no recent study has interrogated the declining efficiency of Nigeria’s anti-graft agencies or linked this declining efficiency on weak institutionalisation and interference from the presidency.
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Kemp, Kathryn W. „“The Dictograph Hears All”: An Example of Surveillance Technology in the Progressive Era“. Journal of the Gilded Age and Progressive Era 6, Nr. 4 (Oktober 2007): 409–30. http://dx.doi.org/10.1017/s153778140000222x.
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During the first decade of the twentieth century, Kelley M. Turner of New York invented a telephone apparatus of very high sound sensitivity, which he called the “Dictograph.” (It should not be confused with the Dictaphone, a device used to record dictation.) Although his original idea was for a communications system with a great variety of applications, the Dictograph ultimately became one of the earliest electric eavesdropping devices, used by both police and private investigators. As such, the Dictograph played a part in some notable criminal prosecutions and was used in antiunion activity. It continued to be used in this way until it was rendered obsolescent by other technologies. The emergence of the preferred applications of the Dictograph illuminates aspects of the sociology of technology, such as the concept of “acoustic space.” It also raised issues related to the ethics and law of clandestine listening.
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Bennett, Kirsty. „The media as an investigative resource: reflections from English cold-case units“. Journal of Criminal Psychology 10, Nr. 2 (24.04.2020): 145–66. http://dx.doi.org/10.1108/jcp-02-2020-0009.
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Purpose The use of the media in live cases has been explored in terms of its use and value to an investigation. However, it is unclear as to whether engaging with the media in cold-case investigations results in a positive or negative reception, and what impact this can have on a case’s possibility for progression. Because of the passage of time and a lack of, or a failed, prosecution means that the approach to media use needs to be different. The purpose of this paper is to explore how the media could be used as an investigative resource for cold cases. Design/methodology/approach This study is a result of a 7-month observation period with a 2-force collaborative cold-case team in England, and supplemented with interviews with 12 experienced cold-case detectives. Using inductive thematic analysis, the themes identified allow an exploration of detectives’ use of the media and the effect that this has on progressing cases. Further, there is discussion as to whether the media’s involvement is positive or negative. Findings The overarching theme is that when using the media, cold-case detectives are met with a positive reception and interest. The media can be used to obtain information, particularly in cases with minimal information, and it is important to use murder-anniversaries to obtain help from the public. However, this needs to be a carefully managed strategy as the media coverage can be negative, including inaccurate or inappropriate reporting which can be of detriment to the investigation. Originality/value To the best of the author’s knowledge, this is the first paper to explore how cold-case detectives have used the media to progress cases, and the findings demonstrate that when the public are encouraged to come forward with information, there is a better chance of case progression. Further research is required to explore how all cold cases can receive appropriate coverage.
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Wijaksana, Muhamad Mahrus Setia. „Implementation of Criminal Case Trials Through a Teleconference by Prosecutors with a Progressive Legal Approach“. Journal of Morality and Legal Culture 1, Nr. 2 (09.12.2020): 66. http://dx.doi.org/10.20961/jmail.v1i2.46519.
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The development of technology in the era of the 4.0 industrial Revolution, characterized by digitalization until covering the realm of criminal law, was affected by the activity of law enforcement. Moreover, this time crowded about criminal trials through teleconference in the middle increasingly the mass of pandemic spread covid-19 which of course also affects the duties and authority of the prosecutor. The study focuses on analyzing the implementation of the trial in a teleconference by prosecutors with a progressive legal approach, highlighting the law as "not only rules and logic but also behavior." This research uses the socio-legal approach. The results showed that the legal arrangements related to criminal proceedings through the teleconference were still scattered in various regulations and the double implications of prosecutors. As for the implementation of the trial teleconference by prosecutors from the legal side of progressive measured from two things, first behavior seen in the trial that met many challenges, second is measured from an understanding of a progressive order/following the dynamics of community development. But the future also needs to be re-evaluated every weakness of existing current and formulated standard operational procedures and detailed legal provisions of the proceedings through the teleconference selectively.
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Podlas, Kimberlianne. „THE "LEGAL EPIDEMIOLOGY" OF THE TEEN SEXTING EPIDEMIC: HOW THE MEDIA INFLUENCED A LEGISLATIVE OUTBREAK“. Pittsburgh Journal of Technology Law and Policy 12 (13.04.2012): 1–49. http://dx.doi.org/10.5195/tlp.2012.91.
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This article considers the media‟s impact on the “legal epidemiology” of the teen sexting epidemic. Here, “teen sexting epidemic” refers to two things: (1) the belief that sext messaging by teens is rampant and spreading, hence, is an epidemic; and (2) the process by which a piece of information spreads like a virus, came to be understood as a pathogen infecting teens, resulted in a rash of child pornography prosecutions, and erupted into an outbreak of sexting legislation, hence, the epidemiology of the legal issue. This article argues that the media was both a carrier of this virus, in that it communicated the information and conceptual frameworks that formed the public‟s knowledge base of sexting and its legal implications, and a host environment in which forces interacted and transformed. To better understand the media‟s role, this article includes an empirical analysis of the past five years of media coverage of teen sexting, and identifying both its temporal and topical trends. With this quantitative and qualitative base, the article then analyzes the relationship between coverage and the progression of the teen sexting epidemic from a social issue to a legal issue and, ultimately, to an outbreak of “curative” legislation. In doing so, it focuses on the child pornography prosecutions of teen sexters, the media‟s criticism of that course of action, the reincarnated stories of sext-related suicides, and the nation‟s recent sext-related legislation.
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Kelly, Michael. „Transitional Justice in Peace Operations: Shaping the Twilight Zone in Somalia and East Timor“. Yearbook of International Humanitarian Law 4 (Dezember 2001): 213–51. http://dx.doi.org/10.1017/s1389135900000866.
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Much has been written about transitional justice in the circumstances of organised states progressing towards democracy. Another category of transitional justice demanding equal study and resolution has, however, emerged. That is the interim administration of justice in the vacuum of the disrupted state following traumatic internal conflict, usually involving war crimes and crimes against humanity. Two things are characteristic of this circumstance: first, the requirement for a deployed international military force to do ‘something’ about fundamental law and order while waiting for the civil administrative ‘cavalry’ to arrive; second, the fact that a civil administrative element will eventually have to take over from the military and will also be required to do ‘something’ about the immediate law and order problem but in a manner that leads into the long term reconstruction and ‘end state’ process. In the future, this environment may also include the operation of the International Criminal Court (ICC), where many issues of jurisdiction, investigation, prosecution and the impact on long term rehabilitation will need to be managed.
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Demczuk, Agnieszka Elżbieta. „The Discriminatory Legalism Strategy and Hate Speech Cases in Poland. The Role of the Commissioner for Human Rights in Fighting Discrimination“. Annales Universitatis Mariae Curie-Skłodowska, sectio K – Politologia 27, Nr. 2 (26.01.2021): 127. http://dx.doi.org/10.17951/k.2020.27.2.127-148.
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<p>The regress of liberal democracy in the world has been progressing for years and the number of countries with the full democracy index is decreasing [Economist Intelligence Unit 2018, 2019; Freedom House 2018]. One of the serious threats to the rule of law and the human rights in modern democracy has become discriminatory legalism which is both strategy and weapon [Weyland 2013]. In order to weaken or marginalize the opposition and “rebellious” citizens, public authorities apply discriminatory legal instruments and democratic rules depending on who they are concerned with. Public authorities do this because of political views and use exclusion rhetoric, a language of hatred, stigmatizing all “strangers”, at last use hate speech on the Internet and beyond. The weaponization of hate speech is a convenient instrument for political struggle and the fight against inconvenient opponents. Hate speech is also used by far-right and nationalist organizations in the public sphere, which operate in an atmosphere of consent to their radical behaviour. Political hate speech plays an important role in the discriminatory legal strategy. Poland is included in the group of countries with flawed democracy (Article 7(1) TEU since 2017). The authorities introduced changes in law (which were defied as the “Frankensteinisation of legislation” by the Parliamentary Assembly of Council of Europe [PACE] in 2019), democratic institutions and the prosecution applies a discriminatory legalism strategy. This problem is highlighted by the current Commissioner for Human Rights which is an independent institution in the field of fighting hate speech (except a few independent media and NGOs informing about the hate speech phenomenon). Many of hate speech cases are discontinued or not taken up by the prosecution. The numbers of cases of hate speech and hate incidents are increasing but the Polish authorities use the underreporting mechanism. The Ombudsman warns that only 5% of cases are reported to the police. The language of hatred and contempt used by the authorities in Poland has become the weaponization in the fight against citizens as political opponents: LGBT+ community, refugees, political opponents, independent judges and others.</p>
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Isherwood, Beverley J., Rebecca E. Walls, Mark E. Roberts, Thomas M. Houslay, Sandra R. Brave, Simon T. Barry und Neil O. Carragher. „High-Content Analysis to Leverage a Robust Phenotypic Profiling Approach to Vascular Modulation“. Journal of Biomolecular Screening 18, Nr. 10 (09.10.2013): 1246–59. http://dx.doi.org/10.1177/1087057113499775.
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Phenotypic screening seeks to identify substances that modulate phenotypes in a desired manner with the aim of progressing first-in-class agents. Successful campaigns require physiological relevance, robust screening, and an ability to deconvolute perturbed pathways. High-content analysis (HCA) is increasingly used in cell biology and offers one approach to prosecution of phenotypic screens, but challenges exist in exploitation where data generated are high volume and complex. We combine development of an organotypic model with novel HCA tools to map phenotypic responses to pharmacological perturbations. We describe implementation for angiogenesis, a process that has long been a focus for therapeutic intervention but has lacked robust models that recapitulate more completely mechanisms involved. The study used human primary endothelial cells in co-culture with stromal fibroblasts to model multiple aspects of angiogenic signaling: cell interactions, proliferation, migration, and differentiation. Multiple quantitative descriptors were derived from automated microscopy using custom-designed algorithms. Data were extracted using a bespoke informatics platform that integrates processing, statistics, and feature display into a streamlined workflow for building and interrogating fingerprints. Ninety compounds were characterized, defining mode of action by phenotype. Our approach for assessing phenotypic outcomes in complex assay models is robust and capable of supporting a range of phenotypic screens at scale.
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Batt, John. „“United to Support But Not Combined to Injure”“. International Review of Social History 31, Nr. 2 (August 1986): 185–203. http://dx.doi.org/10.1017/s0020859000008154.
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The declaration of intent forming the title of this article – united to support but not combined to injure– succinctly illustrates a dilemma that confronted trade unions in Britain in the early nineteenth century, and that has since re-surfaced periodically. Successful trade unionism necessarily requires collective action, whether of an overt form, as during an industrial dispute, or implicitly, as in the enforcement of a closed shop. Not infrequently, though, the claims of solidarity and collective interest run counter to the rights of individuals: of employers, fellow workers and third parties. The intervention of the law provides an added twist to the potential conflict between the individual and the group. While the individual has traditionally enjoyed generous legal protection so that he can conduct his lawful business unhindered, the recognition of collective rights has been hesitant and qualified. The Conspiracy and Protection of Property Act of 1875 and the Trades Disputes Act of 1906 effectively legalized peaceful picketing, but the relationship of criminal law and trade unions remained uneasy despite the rarity of prosecutions for offences such as conspiracy. Nevertheless, during the century and a half since 1825 there has been a progressive tendency – at least until the 1980's – for the contradiction between collective and individual interest to assume a relatively muted and non-violent form. The emergence of institutionalized industrial conflict was a logical consequence of British trade unions achieving a position of respectability in the established order.
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Nopriansyah, Chairul. „Juridical Analysis of the Acquittal in a Murder Crime“. Journal of World Conference (JWC) 2, Nr. 3 (31.05.2020): 29–33. http://dx.doi.org/10.29138/prd.v2i3.239.
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The judge plays an important role in the judiciary because the judge has the authority to examine, hear and decide on a case so that he is obliged to look for values of justice in the application of progressive and responsive laws, so the judge in issuing decisions must pay attention to various considerations. Article 183 of the Criminal Procedure Code contains several elements of judges' considerations when making decisions. In the case of an acquittal, the judge needs carefulness and carefulness to consider so that a matter must be truly convincing. This research is a doctrinal research method that is taking the opinions of experts regarding free decisions and through legal products in the form of legislation and judges' decisions. The conclusion of this paper is First, the basic consideration of the judge in passing a free verdict (vrijspraak) is not fulfilling the minimum limit of evidence by the public prosecutor so that the judge will release the defendant because the evidence that can blame the defendant is insufficient and based on the elaboration of the writer above, the Supreme Court allows legal efforts to overturn an acquittal (vrijspraak) namely an appeal on an acquittal, but not all verdicts requested for appeal are always accepted by the Supreme Court.
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Czermański, Krzysztof. „The creation and organization of Prussian prison in Sztum“. Masuro-Warmian Bulletin 291, Nr. 1 (08.05.2016): 71–89. http://dx.doi.org/10.51974/kmw-135007.
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In 1911 started a construction of Central and Youth Prison in Sztum (Zentral und Jugendgefängnis) for East and West Prussia. This was the result of efforts of local authorities of the city and a favorable decision of the Prisons Management in Berlin. The construction of prision complex, which consisted of a settlement for prision officials and walled prision buildings with building of prison board, was completed in 1915. The prison was considered to be modern, because of its amiliesion of watter supply, sewerage, central heating and lighting. The right numer of prison cells, created residential pavilion for quarantine purposes, bath, infirmary, class and workshop rooms, provide persons deprived of liberty, not just good social conditions, but also creates opportunities for the educational function of prison. The prision was provided for 400 juvenile criminals. Next to the prison was located a settlement for prision officials amilies, which provided a very good social conditions. Staff consisted of 50 people, headed by a Director. The prison in Sztum was subjected to the prosecutor of the Court of Appeal, and indirectly to the Prison Management in Berlin. It should be noted that the Prussian prison in Sztum was a modern prison facility, well-protected, providing good living conditions to prisoners and adapted to implement cel system already declining and introduced progressive system of serving a penalty in prison.
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Waschefort, Gus. „Justice for Child Soldiers? The RUF Trial of the Special Court for Sierra Leone“. Journal of International Humanitarian Legal Studies 1, Nr. 1 (2010): 189–204. http://dx.doi.org/10.1163/187815210x12766020140008.
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AbstractThe Revolutionary United Front (RUF) was the primary agitator during the decade-long civil war that ravaged Sierra Leone. One of the hallmarks of RUF tactics was the abduction and military use of children. The Special Court for Sierra Leone (SCSL) issued an indictment against the high-command of the RUF. Each of the accused was charged with the enlistment, conscription or use of child soldiers. The Prosecutor v. Sesay, Kallon and Gbao case (RUF case) provides a cogent account of the crime of conscripting or using children younger than fifteen in hostilities. This paper tracks the development of the growing child soldier jurisprudence and plots the contribution of the RUF case. Specific emphasis is placed on the Court's application of abstract concepts to concrete situations, e.g. the determination whether a specific instance of child soldier use amounts to the child's 'active participation in hostilities'. The paper follows a progression whereby the chapeau requirements of Article 4 of the Statute of the SCSL are first assessed and thereafter the actus reus and mens rea elements of the substantive crime of enlisting, conscripting or using children in hostilities are examined in light of the RUF case.
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Yanti, Murni, und Wicipto Setiadi. „OPTIMIZATION OF PROSECUTORS COMMISSIONS SUPERVISORY FUNCTION IN DEALING WITH COMPLAINT ABOUT PROSECUTORS PERFORMANCE“. International Journal of Advanced Research 9, Nr. 06 (30.06.2021): 503–12. http://dx.doi.org/10.21474/ijar01/13039.
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After about 15 (fifteen) years of its formation, the Prosecutors Commission is deemed not optimal in its performance of duties, especially in dealing with public report or complaint, considering that the provisions of Article 4 item a and b Presidential Regulation on Prosecutors Commission that is the basis for the Prosecutors Commission to perform its duties as set forth in Article 3 Presidential Regulation concerning Prosecutors Commission causes multiple interpretations that, according to the provisions of Article 4 item a in performance of its duties of supervising, monitoring and assessing the performance and behaviors of prosecutors and/or employees of Prosecutor Office, the Prosecutors Commission has the authority to accept and follow up public reports or complaints, the extent of the Prosecutors Commissions authority to follow up public reports or complaints are not clearly regulated. However, according to the provisions of Article 4 item b, it is the Prosecutors Commissions authority to forward public reports or complaints to the Attorney General for follow-up. According to the provisions of Article 10 Presidential Regulation No. 18 of 2011 concerning Prosecutors Commission, the Prosecutors Commission has the right to participate in the hearing of a case which attracts public attention. Therefore, the Prosecutors Commission needs to make efforts to optimize its duties performance in dealing with public complaints, for example, by using the concept of the progressive law theory popularized by Satjipto Raharjo, that in progressive law application, law is not enforced according to the letter, but according to the very meaning of laws or regulations in a broad sense. Similarly, in performance of the Prosecutors Commissions authority in dealing with complaints, in which the authority is deemed to have weaknesses, the Prosecutors Commission cannot perform its functions optimally as an external supervisory agency. All this time, the Prosecutors Commission, in dealing with complaints, only focuses on reviewing the substance of complaint without performing functional supervisory activities such as monitoring, data collection, inspection and review. The reason is since the Prosecutors Commission has not applied the progressive law, while in dealing with public complaints related to cases which attract public attention, the Prosecutors Commission should have the psychology and morality to position itself as the avant-garde in dealing with cases which attract public attention, so as to give justice to the people in dealing with cases transparently and accountably. As a concrete measure of optimizing its duty performance, the Prosecutors Commission has internally amended the Prosecutors Commission regulations which are deemed not conforming to the progressive law, such as the amendment to the provisions of Article 1 point 14 of Prosecutors Commission Regulation number PER-05/KK/04/2012. In addition, the progressive law should be applied to Prosecutors Commissions preventive supervision by participating in the hearing of important cases dealt with by Prosecutors, either directly or by using technology, such as attending a hearing online, thus the presence of the Prosecutors Commission will be felt better, which means that the purpose of the Prosecutors Commission formation as an external supervisory agency for better transparency and accountability is achieved.
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Lodge, Anne. „Domestic Abuse, Suicide and Liability for Manslaughter: In Pursuit of Justice for Victims“. Journal of Criminal Law 84, Nr. 4 (07.07.2020): 273–92. http://dx.doi.org/10.1177/0022018320940127.
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There is significant debate about the attribution of criminal responsibility for involuntary manslaughter to a defendant who has subjected a victim to a protracted campaign of emotional abuse (falling short of psychiatric injury), where the victim has consequently taken their own life. By virtue of it having been subjected to the most comprehensive judicial and academic scrutiny in this context, the primary focus of this discussion is on the applicability of the unlawful act manslaughter offence to the circumstances described above. The offence requires proof that the victim was placed at risk of some harm by virtue of the defendant’s criminal conduct and that the abusive conduct significantly contributed to the victim’s death. The accused does not have to foresee or intend the victim’s death, and while the imposition of criminal responsibility for serious homicide offences in cases where the defendant displays no subjective advertence to the risk of death has long been controversial, it is nonetheless well established in English and Welsh criminal law. Therefore, assuming satisfaction of the requisite offence elements, there is arguably no principled reason to deny the extension of liability to domestic abuse-induced suicide cases. It is proposed that a more progressive and transparent approach to the interpretation of the unlawful act manslaughter offence requirements provides the most appropriate means of securing prosecutions in deserving cases, although alternative options for the imposition of liability—the offence of gross negligence manslaughter and the creation of a context-specific homicide offence—are also acknowledged. It is argued that the constructive manslaughter offence label reflects both the moral culpability of the perpetrator’s patterned and invasive conduct and the exceptional gravity of the harm caused by non-physical domestic abuse.
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Facy, François, Serge Brochu und Françoise Simon. „L’injonction thérapeutique à l’égard des toxicomanes : comparaison des systèmes français et québécois“. Criminologie 29, Nr. 2 (16.08.2005): 115–40. http://dx.doi.org/10.7202/017392ar.
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In Canada, the total amount of accusations, in compliance with the laws on drugs, show a slight but constant progression. More than half of the sentences for drug-linked offenses have lead to incarceration, a third of the people sentenced for a simple drug possession have been jailed. The relevance of these sentences, making the Canadian detention centres populated with more drug addicts than the rehabilitation centres, is questionable. In France, legislation is mostly based on the December 31st, 1970 law: drug use and trafficking are severely punished. However, for a first arrest, the prosecutor can enjoin the arrestee to treatment: this is what is called therapeutic injunction. Even though therapeutic injunction spares substance users from a jail term, some limitations are encountered this measure is selective, based on social and judicial criteria, making it more forgiving than the average characteristics of drug addicts, it is only accepted and applied by half of the subjects. A specific inquiry has been done in a department in the Paris region, where drug addiction activity is abundant, and suggested a preventive role for the injunction in cases of recidivism. Global appreciation of the therapeutic injunction remains nuanced in a context of new measures in drug addiction, but it translates into the increasing necessity to introduce professional networks between the judicial and sanitary systems, intended for a young population dealing with the modern difficulties of social adaptation and high risk behaviour.
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Rombouts, Heidy, und Stephan Parmentier. „The Role of the Legal Profession in the South African Truth and Reconciliation Commission“. Netherlands Quarterly of Human Rights 20, Nr. 3 (September 2002): 273–98. http://dx.doi.org/10.1177/016934410202000302.
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In situations of a transition to democracy, the legal profession tends to have a strong impact. While this is quite clear in the case when criminal prosecutions are initiated against perpetrators of gross human rights violations, and when amnesty provisions are enacted for some violations, it is far less obvious in cases when a truth commission is set up. The current article looks into the role that the legal profession, i.e. the judiciary, the bar and the non-governmental organisations, has played in the notorious case of the South African Truth and Reconciliation Commission (TRC). It draws on the systems analysis of political life by David Easton, which identifies how demands (input) that rise in society, are processed (conversion) and produce results (output), which provide new inputs to the political system. This ‘flow model’ is applied to two separate processes during the life of the TRC: the Special Legal Hearing of October 1997, and the legal challenges put to the Commission in Court in 1996. Our analysis reveals a number of interesting conclusions. One is that the organised profession approached the Special Legal Hearing from a very legalistic point of view, despite the non-judicial character of the Truth and Reconciliation Commission at large. This stands in contrast with the position of the Constitutional Court, which recognised the limits of the traditional judicial system and came out in support of the TRC. Another conclusion is that, although the participation of the judges and the magistrates in the Special Legal Hearing was limited to written submissions, their influence proved very large, as they threatened the TRC with a constitutional crisis. Finally, throughout the two processes under review, breaches became visible within the legal profession, between the ‘progressive’ non-governmental organisations and the ‘conservative’ organised profession on the one hand, and between the organised profession on the one hand and the judges on the other hand. In sum, it can convincingly be concluded that the impact of the legal profession remains quite important when a truth commission is opted for in a context of transition to democracy.
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Godwin, Christopher, und Kathryn Mackay. „Neglecting justice? Exploring Scottish convictions for ill-treatment and wilful neglect“. Journal of Adult Protection 17, Nr. 4 (10.08.2015): 234–44. http://dx.doi.org/10.1108/jap-02-2014-0005.
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Purpose – The purpose of this paper is to explore the perceived low number of Scottish criminal convictions in cases of ill-treatment or wilful neglect of adults where the victims experienced mental disorder, and/or incapacity. Human rights and anti-discrimination legislation are drawn upon to consider whether victims are gaining equality of access to justice through the charging and conviction of those who commit these offences. Design/methodology/approach – The paper uses the concept of parity of participation to first set out the wider legal framework in which access of justice takes place and to try to determine how it may be working in practice. Second the paper explores Scottish guidance, research and case law in relation ill-treatment or wilful neglect to evaluate the seeming lack of progress towards criminal convictions. Findings – Whilst the legal framework, at least on paper, appears to promote equality of access to justice, little is known about how it is working in practice; in particular whether cultural barriers to participation are being addressed. Evaluation of Scottish statistical data on cases of ill-treatment and wilful neglect revealed a small number of cases progressing to court though there were challenges in constructing a pathway from charges to convictions. There also appeared to be no Scottish legal opinions published in connection with these cases. In addition lack of research means that little is known about why cases progress, and how victims might be being supported through the process. Research limitations/implications – It is suggested that these gaps in information, in comparison to England and Wales, might be hindering practice. In particular the apparent lack of operational definitions for ill-treatment and wilful neglect in Scotland may reduce the use of this type of criminal offence. As such criminal offences embedded within civil mental health and mental capacity legislation may currently be hidden in plain sight. The human rights consequences of the issues raised in this paper are argued as significant. Research is needed to fill these gaps and inform future guidance and training. Practical implications – Improved Scottish guidance and publicity of this issue is required. Local inter-agency discussions and training could develop a better understanding of how these offences have been defined and how disabled people might be supported through the legal processes. The Scottish publication of statistical information for charging and convictions might usefully record these offences separately to give them a greater public profile in the future. Originality/value – This paper highlights the dearth of publicly available information on the number and nature of Scottish prosecutions for ill-treatment or wilful neglect. It suggest ways in how this might be addressed.
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Bellin, Jeffrey. „Defending Progressive Prosecution“. SSRN Electronic Journal, 2019. http://dx.doi.org/10.2139/ssrn.3479165.
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Flanders, Chad, und Stephen Galoob. „Progressive Prosecution in a Pandemic“. SSRN Electronic Journal, 2020. http://dx.doi.org/10.2139/ssrn.3605593.
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Meldrum, Ryan C., Don Stemen und Besiki Luka Kutateladze. „Progressive and Traditional Orientations to Prosecution: An Empirical Assessment in Four Prosecutorial Offices“. Criminal Justice and Behavior, 08.09.2020, 009385482095667. http://dx.doi.org/10.1177/0093854820956672.
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In recent years, accounts of the so-called progressive prosecutor have been juxtaposed against the more traditional, law-and-order prosecutor in the United States. Yet, little effort has been made to empirically investigate these orientations among prosecutors. In this multijurisdictional study, prosecutors were asked to rate the importance of a variety of prosecutorial priorities. A factor analysis of these ratings indicates the existence of two distinct orientations toward prosecution. The first reflects a progressive orientation emphasizing social justice priorities, and the second reflects a traditional orientation emphasizing priorities pertaining to formal aspects of case processing. Results also indicate that scoring higher on the progressive orientation is associated with holding less punitive attitudes toward criminal defendants, whereas scoring higher on the traditional orientation is associated with holding more punitive attitudes. Discussion centers on the implications of the findings for recent calls regarding the reform of the criminal justice system.
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Bien, Mai Dac. „Presumption of Innocence – Application in Exercising Prosecution Rights, Supervising the Investigation and Adjudication of Criminal Cases under Vietnam Legal“. INTERNATIONAL JOURNAL OF MULTIDISCIPLINARY RESEARCH AND ANALYSIS 04, Nr. 04 (15.04.2021). http://dx.doi.org/10.47191/ijmra/v4-i4-06.
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The presumption of innocence is one of the fundamental principles, widely applied in modern legal science, as the basis for achieving fair and humane justice. This principle was formed very early in the history of the human law, in addition, the Vietnamese law has also absorbed the progressive thought early, recognized as one of the basic principles to ensure human rights and the overall effectiveness of criminal proceedings. The article analyzes the history, nature as well as the practice of applying this principle in the settlement of criminal cases in Vietnam according to the functions and duties of the People's Procuracy.
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Maučec, Gregor. „The International Criminal Court and the Issue of Intersectionality—A Conceptual and Legal Framework for Analysis“. International Criminal Law Review, 03.02.2021, 1–34. http://dx.doi.org/10.1163/15718123-21012000.
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Abstract A survey of relevant case law of the International Criminal Court (icc or Court) reveals inconsistencies, as well as conceptual flaws and limitations in the Court’s mainly uni-sectional approach to mass atrocities that involve multiple and intersecting forms discrimination, in particular with regard to the cornerstones of such cases—the identification of the protected groups and their members. This has resulted in discrepancies and low levels of legal protection against intersectional targeting. Such a cautious, selective and inconsistent approach of the icc to this issue is unsurprising given that the application of intersectionality in practice is a radical and transformative project. Espousing a more consistent and intersectional approach of the icc in considering mass atrocities against different protected groups and their members, this article discusses the Court’s legal framework and major conceptual and statutory concerns surrounding the icc prosecutor’s and judges’ enhanced engagement—through more progressive law interpretation—with the phenomena of intersectionality and key concepts related to it. The main purpose of this contribution is thus two-fold: (1) to demonstrate and explain why, in practice, the focus on intersectional dimensions of such situations and cases in their selection, prosecution and adjudication does not interfere with strict adherence to the principle of legality underlying the Rome Statute, and (2) to analyse the legal grounds and avenues for the Court to implement intersectionality when dealing with atrocities involving intersectional discrimination. It is ultimately suggested that Article 21(3) of the Rome Statute offers a proper and solid legal basis for interpreting and applying pertinent international criminal law in light of intersectionality.
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Covert, Darcy. „Transforming the Progressive Prosecutor Movement“. SSRN Electronic Journal, 2020. http://dx.doi.org/10.2139/ssrn.3708985.
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Zeidman, Steven. „Some Modest Proposals for a Progressive Prosecutor“. UCLA Criminal Justice Law Review 5, Nr. 1 (21.09.2021). http://dx.doi.org/10.5070/cj85154805.
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