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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.
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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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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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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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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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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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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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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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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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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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Small, Jamie L. „Constructing Sexual Harm: Prosecutorial Narratives of Children, Abuse, and the Disruption of Heterosexuality“. Gender & Society 33, Nr. 4 (16.05.2019): 560–82. http://dx.doi.org/10.1177/0891243219846598.
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Sociologists have identified many factors that mitigate the progressive effects of the legal mobilization to end sexual violence. Within this body of research, however, there is little interrogation about the social construction of sexual harm. I use the case of child sexual abuse to investigate how prosecutors make sense of sexual harm. Data are qualitative interviews with 43 prosecutors. Findings reveal that prosecutors use a framework of sexual identity to construct sexual injury on the child’s body. The perceived harm centers on the anticipated loss of the child’s heterosexual potential. Girl victims are thought to grow into sexual promiscuity, and boy victims are thought to grow into sex offenders. Prosecutorial constructions of child sexual abuse cases are future-oriented, which increases their urgency, and these constructions also imagine the child as a person in formation, rather than a fully actualized person with intrinsic rights. In revealing how the state of sexual victimization is not only deeply gendered but also heteronormative, this research has theoretical implications for childhood studies, queer studies, and anti-violence advocacy.
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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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Sundt, Jody, Kathryn Schwaeble und Cullen C. Merritt. „Good governance, political experiences, and public support for mandatory sentencing: Evidence from a progressive US state“. Punishment & Society 21, Nr. 2 (11.12.2017): 141–61. http://dx.doi.org/10.1177/1462474517747580.
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A shift in public mood and declining incarceration rates in the United States signal a potential change in the politics of punishment. This research considers whether the public continues to support mandatory sentencing. The study expands upon existing knowledge by testing theoretical predictions about how instrumentalism, political beliefs, and political participation affect public support for mandatory sentences. Drawing on a state-wide survey of 1569 adults from Oregon, the study found that belief in the effectiveness of prosecutors, judges, and prisons significantly influenced support for mandatory sentencing. Although 67% of those surveyed favored judicial discretion, a firm belief that “prisons work” may limit efforts to reduce incarceration and roll back mandatory sentences.
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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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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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Reda, Efraim Mbomba, I. Nyoman Putu Budiartha und I. Made Minggu Widyantara. „Konsepsi Hukum Progresif dalam Pengaturan Tindak Pidana Korupsi di Indonesia“. Jurnal Interpretasi Hukum 1, Nr. 2 (26.09.2020): 35–39. http://dx.doi.org/10.22225/juinhum.1.2.2431.35-39.
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Progressive law puts forward the sociology of law rather than legal certainty which is the focus of legal positivism. In Indonesia, this law was coined by Satjipto Rahardjo. This study aims to determine the formulation of progressive law in future criminal law, and to determine the actualization of the concept of progressive law in regulating corruption in Indonesia. The research method used is a normative legal research method with statute and conceptual approaches. The technique of collecting legal materials in this study is a descriptive method that aims to obtain the meaning of reality related to the problems to be discussed and solved in this study. The results show that in the current Criminal Code Bill, progressive law has been regulated, to be precise in Article 2 paragraph (1) and (2). Progressive law is also regulated in Law no. 48 of 2009 concerning Judicial Power. Then, the actualization of progressive law in regulating corruption in Indonesia is a judge with the powers that take into account the sociological context of society in making decisions. Judges, prosecutors and lawyers can certainly discuss together in eradicating corruption. Efforts are also being made to reconstruct and redefine the power of law enforcement. This arrangement can also encourage the KPK to be more progressive in eradicating corruption, as well as building law enforcers who have morality so that they can become role models and increase public participation, for example by forming NGOs in preventing or fighting corruption in various agencies.
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Imawan, Imawan. „RECONSTRUCTION OF POLITICAL LAW ENFORCEMENT OF MONEY IN ELECTION CHALLENGES BASED ON PROGRESSIVE LAW CASE STUDY IN TEGAL CITY, SEMARANG AND DISTRICT OF PEMALANG“. Jurnal Pembaharuan Hukum 4, Nr. 2 (15.08.2017): 176. http://dx.doi.org/10.26532/jph.v4i2.1745.
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Abstrac tElections, both presidential / vice-presidential elections, legislative bodies both at the center and in the regions until the regional head is colored by money politics, as a way of winning a presidential, legislative body or regional head candidate. A democracy that should be able to choose qualified candidates for leaders, in the presence of dirty practices such as money politics, produces only a leader who is indifferent to the people and corrupt. Law enforcement of money politics continues to be pursued, both in terms of legal substance, legal structure, and legal culture. Progressive law is an alternative politics problem, with the courage of law enforcers in the police, prosecutors, judges and other related institutions to the imposition of criminal and administrative sanctions.
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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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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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Gloege, Timothy E. W. „Faith Healing, Medical Regulation, and Public Religion in Progressive Era Chicago“. Religion and American Culture: A Journal of Interpretation 23, Nr. 2 (2013): 185–231. http://dx.doi.org/10.1525/rac.2013.23.2.185.
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AbstractThis essay examines a six-year campaign against the radical faith healer John Alexander Dowie mounted in the 1890s by Chicago doctors, public health officials, and their “respectable” middle-class allies. The incident demonstrates the important role of religion in the process of medical professionalization. Medical professionals established cultural authority by aligning themselves with a broader discourse of “orthodoxy”—an ill-defined set of beliefs and practices thought necessary to maintain social order. Protestants used this discourse both to exclude outsiders and unite elites across denominational lines. An initial attempt to prosecute Dowie based on legalistic claims of practicing medicine without a license led to a backlash against medical professionals by middle-class Protestants who believed it compromised the integrity of religious liberty. This suggests that the growing efficacy of medical advances was an insufficient basis of social authority. Only when medical professionals self-consciously aligned themselves with the Protestant establishment and portrayed themselves as defenders of the social order (focused especially on the integrity of the family) were they able to rally the middle classes to their cause. This shift in rhetoric was an important step in the process of creating a discourse of “orthodox” medicine. It helped grant medical professionals the right to oversee the public body just as elite Protestants superintended its soul.
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Zongwe, Dunia Prince. „The New Sexual Violence Legislation in the Congo: Dressing Indelible Scars on Human Dignity“. African Studies Review 55, Nr. 2 (September 2012): 37–57. http://dx.doi.org/10.1353/arw.2012.0047.
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Abstract:This article describes a legal thread running from the commission of massive sexual violence in the eastern provinces of the Congo since 1996 to the enactment of liberal legislation in 2006 to combat sexual violence throughout the country, especially in eastern Congo. In doing so, the article fills a gap in the nascent legal literature on systematic sexual violence. It finds that the new rape law is progressive, liberal, gender-neutral, and in keeping with international law. However, an unfortunate lapse in legislative drafting puts in doubt the authority of the courts to use the new rape law to prosecute systematic sexual violence. Despite this weakness, as well as harsh realities such as resource limitations and institutionalized corruption, the new sexual violence law, “the law of shameful acts,” nonetheless provides a framework on the basis of which the state and rape survivors can prosecute perpetrators. It is a necessary step in upholding accountability and preparing for the more daunting task of healing communities affected by a devastating regional war.
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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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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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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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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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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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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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Murdoko, Murdoko. „DISPARITAS PENEGAKAN HUKUM DI INDONESIA (ANALISIS KRITIS KASUS NENEK MINAH DALAM PERSPEKTIF HUKUM PROGRESIF)“. Perspektif Hukum 16, Nr. 2 (18.05.2017): 221. http://dx.doi.org/10.30649/phj.v16i2.66.
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<em>This paper examines the law enforcement in public domain. The court decisions on many cases often undergo disparities that deny the sense of justice. The disparities increasingly appear when the case comes to people who have political or economic power. However, when the case comes to the poor, who do not have power and so on, the law can be very sharp to enforce. In perspective of the progressive law, the case of </em>Nenek Minah is<em> ideally not relevant to prosecute at the court. In fact, that case shows that the working of the law in Indonesia is still based on the text rather than the context. The law enforcement is solely based on the written provisions (legalistic-positivistic) without paying attention to sociological dimension, so that the law enforcement is still far away from the purpose of law that is able to present the real justice.</em>
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Zorbas, Eugenia. „Reconciliation in Post-Genocide Rwanda“. African Journal of Legal Studies 1, Nr. 1 (2004): 29–52. http://dx.doi.org/10.1163/221097312x13397499735904.
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AbstractNational reconciliation is a vague and 'messy' process. In post-genocide Rwanda, it presents special difficulties that stem from the particular nature of the Rwandan crisis and the popular participation that characterized the Rwandan atrocities. This article outlines the main approaches being used in Rwanda to achieve reconciliation, highlighting some of the major obstacles faced by these institutions. It then goes on to argue that certain 'Silences' are being imposed on the reconciliation process, including the failure to prosecute alleged RPA crimes, the lack of debate on, and the instrumentalization of, Rwanda's 'histories', the collective stigmatization of all Hutu as génocidaires, and the papering over of societal cleavages through the 'outlawing' of 'divisionism'. The role economic development can play in the reconciliation process is also discussed. Given the Government of Rwanda's central role in the reconciliation process and its progressive drift towards authoritarianism, the article ends with a reflection on the worrisome parallels between the pre and post-genocide socio-political contexts.
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Saraswati, Rika. „Gender Bias in Indonesian Courts: Is Perma No. 3 of 2017 the Solution for Gender-Based Violence Cases?“ Laws 10, Nr. 1 (29.12.2020): 2. http://dx.doi.org/10.3390/laws10010002.
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To support women who are dealing with the legal system, especially women victims of gender-based violence, the Indonesian government issued Supreme Court Regulation (Perma) No. 3 of 2017 on Guidelines for Judging Cases of Women in Conflict with the Law. This regulation deals with women as victims, defendants and witnesses, and is used for civil and criminal cases. The Perma appears to attempt to counterbalance existing discriminatory practices in the courts and their processes. This article discusses the effectiveness of the “special treatment” in Supreme Court Regulation (Perma) No. 3 of 2017 on Guidelines for Judging Cases of Women in Conflict with the Law. This Perma seems to provide hope for producing progressive court decisions by contributing to the elimination of discrimination against women in the court process. However, this expectation certainly needs to be reviewed, given that, in their entirety, any such proceedings involve not only judges but also other law enforcement officials, namely the prosecutors. Furthermore, the presence of this Perma is considered by some Indonesian feminists to contradict the Judicial Code of Ethics and Guidelines for Judicial Behaviour (“the Code”). The Code requires judges to be neutral in judging but this Perma demands the opposite. This study is a qualitative study, and the data is obtained through a literature study of research conducted on court decisions and gender-based violence cases involving Indonesian women.
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V. Chistnikova, Irina, Marina V. Antonova, Elizaveta G. Serova, Igor A. Sklyarenko und Elena S. Alyokhina. „Corruption as a Threat to the Economic Security of the Country“. Journal of Social Sciences Research, Nr. 55 (10.05.2019): 995–1004. http://dx.doi.org/10.32861/jssr.55.995.1004.
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The article analyzes the current level of corruption as a threat to Russia’s economic security. By the method of generalization of the provisions of the legislation, the features of corruption in Russia in the context of economic security are studied, the characteristic of corruption crimes is given. The dynamics of the corruption perception Index in the Russian Federation for 2015-2017 published by Transparency International is studied. Economic and statistical methods of data processing and analysis studied the indicators of corruption in Russia in 2015-2017 on the basis of official data. The value of damage to the country’s economy from corruption is revealed. The dynamics and structure of penalties for corruption crimes in Russia in 2015-2017 are studied on the basis of the generalization of data of the General Prosecutor’s office and Judicial Department at the Supreme court of Russia. Based on the calculation and analysis of the economic security indicators of the Russian Federation for 2015-2017, the impact of corruption on the economic security of the country is assessed. The level of economic security in the country under the influence of the mechanism of corruption is revealed. Methods of positive and normative approaches, abstract-logical and systemic approaches have revealed the directions of the negative impact of corruption on the economic security of the country. The mechanism of influence of corruption on economic security of Russia is presented by graphic method. The social danger of corruption in Russia is that it has a destructive, destabilizing effect on all state institutions and impedes the progressive development of the global legal order. The public danger of corruption is also linked to its latent nature. Corruption has a significant scale that threatens the economic security of Russia, but its real level is almost impossible to establish. Data on corruption in cases registered in the Prosecutor’s office and the judiciary, as well as international expert agencies, allow us to state a high level of corruption in Russia.
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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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Hawkins, Joanne. „Case comment – Fracking and the scope for public dissent: The sentencing of The Frack Three (Richard Roberts, Simon Blevins, Richard Loizou, (Case Number T20180167)) and R v Roberts (Richard) [2018] EWCA Crim 2739“. Environmental Law Review 21, Nr. 2 (Juni 2019): 128–35. http://dx.doi.org/10.1177/1461452919842434.
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Peaceful protest has a long and important history in the UK. Non-violent crimes, in the course of peaceful protest do not generally impute high levels of culpability. Despite this, in September 2018, three anti-fracking protesters were sent to prison for ‘lorry surfing’. The protest caused severe disruption to travel in the area and the defendants were prosecuted for causing a public nuisance. Their sentences, (15 months for Loizou and 16 months each for both Blevins and Roberts) were designed to reflect the level of harm and culpability which the judge felt was appropriate, given the length of the disruption endured by the public (the protest totalling almost four days). On appeal, the sentences were quashed and ruled to be manifestly excessive. This commentary highlights that this case and the apparent attempt to curb peaceful protest raises a broader question about the increasingly restrictive legal framework, where scope for dissent around fracking is becoming progressively more confined.
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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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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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Costa, David de Andrade, Luis Carlos Soares da Silva Junior, José Paulo Soares de Azevedo, Marco Aurélio dos Santos und Rafaela dos Santos Facchetti Vinhaes Assumpção. „From Monitoring and Modeling to Management: How to Improve Water Quality in Brazilian Rivers? A Case Study: Piabanha River Watershed“. Water 13, Nr. 2 (13.01.2021): 176. http://dx.doi.org/10.3390/w13020176.
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Water quality has been a global concern, as evidenced by UN Sustainable Development Goals. The current paper has focused on the Piabanha River rehabilitation as a case study which can be generalized to other similar watersheds. A monitoring program during a hydrological year was carried out, and different databases were used to calibrate and validate the QUAL-UFMG water quality model. Sanitation is the major problem in the watershed, notably in its headwater catchments, which concentrate the most urbanized regions where water quality is worse in the dry season due to low river flows. Thus, simulations of the river water quality have been performed through computational modeling suggesting organic load reductions in some sub-basins. In conclusion, some strategies to improve water quality have been discussed: (i) The water quality rehabilitation must consider progressive goals of pollution reduction starting with an initial implementation in a reduced area. The monitoring should be based on a few parameters relevant and simple to monitor. (ii) Pollution reduction ought to be carried out strategically with deadlines and intermediate goals that must be agreed upon between the stakeholders in the watershed. (iii) Watershed committees should supervise projects to improve water quality in partnership with the State Prosecutor’s Office.
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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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Cordell, Karl. „Politics and Society in Upper Silesia Today: The German Minority Since 1945“. Nationalities Papers 24, Nr. 2 (Juni 1996): 269–85. http://dx.doi.org/10.1080/00905999608408441.
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In 1919, Polish nationalist forces led by Josef Pilsudski succeeded in re-establishing an independent Polish state. Poland had disappeared from the map of Europe in 1794 following the third partition. It had been devoured by its traditional enemies; Prussia, Austria and Russia. Historically, Poland had been a state without fixed borders, and via a combination of changing dynastic alliances and a pattern of eastward migration, from the twelfth century formerly Slav areas east of the rivers Oder and Neisse became progressively germanicized. By 1921, following the end of World War I, several peace conferences, and after a series of referenda in disputed (former) German areas and a series of wars with all of its neighbors, including an especially successfully prosecuted war against the embryonic Soviet Union, the new state had managed to become a state which incorporated virtually all ethnic Poles. However, in addition to incorporating the overwhelming majority of ethnic Poles, the borders of the new Polish state also included huge numbers of other ethnic, religious and national groups.
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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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Taran, O. V., und O. G. Sandul. „Criminal Liability for Illicit Trafficking of Radioactive Materials“. Nuclear and Radiation Safety, Nr. 3(79) (28.08.2018): 66–70. http://dx.doi.org/10.32918/nrs.2018.3(79).10.
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The nuclear energy use progressively becomes part of the life of every modern person, who more and more faces radioactive materials in medical institutions, in industry. Half of all electricity generated in Ukraine is generated by nuclear power plants. The peculiarities of the nuclear energy use generate appropriate rules for people dealing with radioactive materials. The article analyzes the standards of the Criminal Code of Ukraine, which provides for liability for acts related to the illegal handling of radioactive materials, for violation of the nuclear and radiation safety rules, violation of radiation safety requirements, the threat of theft of radioactive materials, the illicit manufacturing of a nuclear explosive device, abduction or capture of radioactive materials, attack on radioactive materials transportation means. The grounds and peculiarities for bringing to criminal liability have been reviewed, the range of persons who can be prosecuted has been defined. Conditions and grounds for exemption from criminal liability in the absence of a person's criminal intent to use radioactive material are considered. It has been demonstrated that the Criminal Code of Ukraine, by prohibiting certain actions on the illegal radioactive materials handling, ensures protection of the most important social relations and social benefits.
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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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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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Suhariyanto, Budi. „Progresivitas Putusan Pemidanaan Terhadap Korporasi Pelaku Tindak Pidana Korupsi (Progressivity of Criminal Decision on Corporate Actors Corruption)“. Jurnal Penelitian Hukum De Jure 16, Nr. 2 (01.06.2016): 201. http://dx.doi.org/10.30641/dejure.2016.v16.201-213.
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Normatively corporation has long been established as a legal subject perpetrators of corruption that can be prosecuted and decided. However, only one case of corruption that makes the corporation as a defendant and the punishment meted out to them is through the decisionNo.04/PID.SUS/ 2011 /PT.BJM. There is a rule of law in the consideration of this decision which confirms the correlation between punishment rudimentary calculation simposed on managers who incidentally had been convicted and sentenced by a court sentencing inkracht with the calculation of fines to beborne by the corporation. Rule of law is a progressive discovery of the law because it contains novelty and can be used as a reference in corporate penalize the perpetrators of corruption by the other judge at a later date.Keywords: Progressivity, Punishment Decision, Corporations, CorruptionABSTRAKSecara normatif korporasi telah lama ditetapkan sebagai subjek hukum pelaku tindak pidana korupsi sehingga bisa dituntut dan diputuskan pemidanaannya. Namun baru satu perkara korupsi yang menjadikan korporasi sebagai terdakwa dan dijatuhkan pemidanaan terhadapnya yaitu melalui putusan No.04/PID.SUS/2011/PT.BJM. Terdapat kaidah hukum dalam pertimbangan putusan ini yaitu menegaskan korelasi antara perhitungan pemidanaan yang belum sempurna dijatuhkan kepada pengurusnya yang notabene telah dinyatakan bersalah dan dijatuhi pemidanaan oleh pengadilan yang inkracht dengan penghitungan denda yang harus ditanggung oleh korporasinya. Kaidah hukum ini merupakan penemuan hukum progresif karena mengandung kebaruan dan dapat digunakan sebagai acuan dalam mempidana korporasi pelaku tindak pidana korupsi oleh para Hakim lainnya di kemudian hari.Kata Kunci: Progresivitas, Putusan Pemidanaan, Korporasi, Korupsi
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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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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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Wolcott, David. „Juvenile Justice before Juvenile Court“. Social Science History 27, Nr. 1 (2003): 109–36. http://dx.doi.org/10.1017/s0145553200012487.
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Progressive Era campaigns to establish juvenile courts maintained that police and criminal courts failed to distinguish between children and adults. They suggested that law enforcement agencies either sentenced juveniles as if they were adults, imposing excessive punishments, or let kids go, failing to discipline them and encouraging them to commit further crimes. However, this case study of juvenile arrests in turn-of-the-century Detroit indicates that, before the creation of juvenile court, criminal justice institutions had more complex interactions with delinquent youth than has been recognized previously. Boys typically were arrested for very different offenses than were adults, and the police and courts often segregated children and adolescents from the harshest elements of the criminal justice system. The police sought every opportunity to decide the outcome of juvenile arrests themselves, without a court hearing, particularly if boys had committed only status offenses such as truancy or if crime victims decided not to prosecute. When juveniles did appear in criminal courts, judges found ways to soften their experiences, rarely jailing younger boys and instead sentencing some to reform school for ostensible rehabilitation. After 1900, efforts to protect young offenders from criminal justice institutions expanded as specially assigned police officers increasingly sought to discipline delinquents prior to arrest and the courts introduced an unofficial form of probation. Rather than constituting a break from the past, the creation of Detroit’s juvenile court in 1907 mainly made official juvenile offenders’ growing separation from the criminal justice system.
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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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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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Martin, Ana. „Intersectionality: Explaining SGBV Interlinked with Terrorism and Other International Crimes“. Journal of Human Trafficking, Enslavement and Conflict-Related Sexual Violence 1, Nr. 2 (30.11.2020): 135–61. http://dx.doi.org/10.7590/266644720x16062928261028.
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Sexual and gender-based violence (SGBV) is often intertwined with and nested within other violations of international criminal law (ICL) as part of a broader attack against a group. However, ICL is not giving enough visibility to this nexus of crimes rooted in the intersection of identities and discrimination that underpins SGBV during conflict. Intersectionality is a concept originated in feminism and progressively recognized by international human rights law (IHRL). It posits that SGBV is caused by gender 'inextricably linked' with other identities and factors that result in compounded discrimination and unique aggravated harms. Based on case studies, this paper argues that ICL should integrate an intersectional approach based on identity and discrimination to address the nexus between SGBV and broader international crimes. Intersectionality enables a better understanding of the causes, harms, and gravity of SGBV, and it provides consistency with an IHRL interpretation. The article begins setting out the foundations of intersectionality in feminism and IHRL, and its applicability to ICL. It then applies intersectionality to two case studies that demonstrate the interlink of SGBV with broader violations of ICL: The Revolutionary United Front Case (RUF) trial judgment of the Special Court for Sierra Leone (SCSL) concerning SGBV and the war crime committing acts of terrorism, and Al Hassan, prosecuted at the International Criminal Court (ICC), concerning SGBV and the crime against humanity of persecution. It concludes with final remarks on why and how ICL would benefit from integrating an intersectional approach to SGBV.