Academic literature on the topic 'Crimes Act 1974'
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Journal articles on the topic "Crimes Act 1974"
1
Billah, Maruf. "Non-retroactivity in Prosecuting Crimes against Humanity and International Crimes Tribunal Bangladesh." Journal of Politics and Law 13, no. 3 (August 30, 2020): 180. http://dx.doi.org/10.5539/jpl.v13n3p180.
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The International Crimes Tribunal Bangladesh (ICTB) was set up by Bangladesh through the adaptation of the International Crimes Tribunal Act 1973, as an internal mechanism trying to prosecute and punish Bangladeshi perpetrators who committed international crimes in Bangladesh liberation war in 1971. After a long disappearance from the public eye, the Tribunal was reemerged in 2010. The recent cases decided by the Tribunal have revealed that the international crimes; namely, crimes against humanity, were allegedly committed in 1971, while the relevant Statute was enacted in 1973, and was implemented in 2010. Recently, the ICTB is prosecuting crimes against humanity retroactively, which might have violated the prohibition of penalizing certain conducts committed by the perpetrators before the enforcement of such conduct as a law banning such demeanor as an offense. Therefore, this study firstly analyzes the rule against retroactivity in international criminal law. Secondly, it investigates the justification of the retroactive criminalization of crimes against humanity at the first International Military Tribunal, Nuremberg, and its crystallization into the regional and international legal instruments. Thirdly, the study examines the characteristics of crimes against humanity as an international crime, to scrutinize whether the ICTB needs to fulfill such requirements either in 1971 or 2010. Then, it illustrates various judgments of the ICTB, demonstrating that it does not comply with the rule prescribed by international laws either in 1971 or 2010, in prosecuting crimes against humanity retroactively. Lastly, the study concludes by forwarding ways necessary to the ICTB in retroactive prosecution of international offenses.
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Weaver, Vesla M. "Frontlash: Race and the Development of Punitive Crime Policy." Studies in American Political Development 21, no. 2 (2007): 230–65. http://dx.doi.org/10.1017/s0898588x07000211.
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Civil rights cemented its place on the national agenda with the passage of the Civil Rights Act of 1964, fair housing legislation, federal enforcement of school integration, and the outlawing of discriminatory voting mechanisms in the Voting Rights Act of 1965. Less recognized but no less important, the Second Reconstruction also witnessed one of the most punitive interventions in United States history. The death penalty was reinstated, felon disenfranchisement statutes from the First Reconstruction were revived, and the chain gang returned. State and federal governments revised their criminal codes, effectively abolishing parole, imposing mandatory minimum sentences, and allowing juveniles to be incarcerated in adult prisons. Meanwhile, the Law Enforcement Assistance Act of 1965 gave the federal government an altogether new role in crime control; several subsequent policies, beginning with the Crime Control and Safe Streets Act of 1968 and culminating with the Federal Sentencing Guidelines, ‘war on drugs,’ and extension of capital crimes, significantly altered the approach. These and other developments had an exceptional and long-lasting effect, with imprisonment increasing six-fold between 1973 and the turn of the century. Certain groups felt the burden of these changes most acutely. As of the last census, fully half of those imprisoned are black and one in three black men between ages 20 and 29 are currently under state supervision. Compared to its advanced industrial counterparts in western Europe, the United States imprisons at least five times more of its citizens per capita.
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Fine, Gary Alan, and Deborah Shatin. "Crimes against Art: Social Meanings and Symbolic Attacks." Empirical Studies of the Arts 3, no. 2 (July 1985): 135–52. http://dx.doi.org/10.2190/cbl1-mpur-lmdp-kck2.
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Modern society has learned to its regret that terrorists can effectively grab headlines and focus public discourse by well-timed attacks against symbols of the state. Assassinations, random acts of violence, and attacks on publicly valued artifacts can be used to publicize an attacker's grievance—whether real or imagined. Since control over the meaning of such a visible attack is a valued asset, both the attacker and the guardians of public order attempt to construct persuasive explanations of what has occurred. Such explanations are typically presented through press accounts and, when effective, constitute a suitable motive for a dramatic story. In this article we examine one class of these attacks and the explanations for them: that of “crimes against art”—physical attacks on prominent works of art. We draw material from four attacks on art works: the 1914 hacking of Velázquez's “Rokeby Venus;” the 1972 hammer attack on Michelangelo's “Pietà;” the 1975 slashing of Rembrandt's “The Night Watch;” and the 1978 bombing of Versailles Palace. We examine these acts of destruction in the light of the conflicting explanations used by both the perpetrators and societal guardians as attempts to control symbolic meaning. The authorities (public officials, reporters, and editorial writers) describe perpetrators as insane, whereas the actors themselves, despite differing perspectives, attempt to convince others that their actions were rational and socially significant. Surprisingly, in light of the evident cultural importance of these acts, courts typically have given light punishment to perpetrators when the act is legally defined as occurring within an art world. These “heinous crimes” are acts which, because of the symbolic richness of the act and of the target, can be used to establish a view of the world, and have parallels to other types of symbolic violence.
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van Rossum, Roel. "Adjudication of International Crime in the Netherlands." International Journal of Legal Information 39, no. 2 (2011): 194–209. http://dx.doi.org/10.1017/s0731126500028109.
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During the Second World War, the government of the Netherlands realized that it had no adequate penalization system in place for wartime offences. Thus, the Criminal Law Wartime Occupation Decree of 22 December 1943 (BBS, Stb. D 61) was enacted to penalize offences committed during wartime. This emergency legislation was recognized as legally valid after the war. It then took until the Wartime Offences Act of 10 July 1952 (effective date 5 August 1952, the “WOS”) for wartime offences to be subjected to specific penalties. This was followed by separate statutes penalizing genocide (Genocide Convention Implementation Act of 2 July 1964, effective date 24 October 1970) and torture (Torture Convention Implementation Act of 29 September 1988, effective date 20 January 1989).
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García, Alexandra. "Transitional (In)Justice: An Exploration of Blanket Amnesties and the Remaining Controversies Around the Spanish Transition to Democracy." International Journal of Legal Information 43, no. 2_3 (2015): 75–135. http://dx.doi.org/10.1017/s0731126500012506.
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“Blanket amnesties” have generally been declared to be incompatible with international law due to the fact that they shield perpetrators of serious crimes from accountability as well as conflict with established principles regarding the applicability of statutory limitations to certain criminal offenses. The repeal of theFull StopandDue Obediencelaws in Argentina set a crucial precedent in the process toward the abrogation of legislation leading to impunity for those responsible for grave violations ofjus cogens.Additionally, permitting the prosecutions of Nazi officers Klaus Barbie and Erich Priebke in Europe confirmed the customary principle of the non-applicability of statutory limitations to crimes against humanity. However, for nearly 40 years, Spain's amnesty legislation continues to preclude any investigation or prosecution of the crimes committed during the civil war (1936–1939) and the Francoist regime (1939–1975). Spain's 1977 Amnesty Act has been widely characterized as a blanket amnesty and remains in force today despite allegations of noncompliance with international law and numerous requests from United Nations bodies to repeal it. This article explores the history of Spain's 1977 Amnesty Act, compares and contrasts it with other nations with similar amnesties, and makes the case that a successful transition from an authoritarian regime to a peaceful democracy is feasible without the use of overly broad “blanket” amnesties.
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Day, Suzanne, April Girard, Laureen Snider, and Jordan Watters. "Rightsizing Regulation: The Competition Act, 1975–2005." Canadian journal of law and society 24, no. 1 (April 2009): 47–67. http://dx.doi.org/10.1017/s0829320100009765.
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RésuméCet article examine les changements au niveau de la réglementation des crimes commerciaux dans le domaine de la loi relative à la concurrence déloyale et aux pratiques commerciales trompeuses. L'auteur se penche, plus particulièrement, sur les politiques et les applications deLa Loi relative aux enquêtes sur les coalitionset de laLoi sur la concurrencede 1975 à 2005. Cette période fut marquée par des changements importants dans la régulation juridique: les discours, les pratiques et les politiques keynésiens de l'État providence furent remplacés par ceux de l'État régulateur néolibéral. Le Bureau de la concurrence fut un acteur clé dans cette transition par laquelle les politiques sur la concurrence devinrent un mécanisme essentiel de régulation primaire de l'État moderne. Cet article analyse les documents relatifs à l'application des lois, les rapports annuels ainsi que d'autres documents du Bureau de la concurrence afin de démontrer, d'une part, comment les priorités et les pratiques ont changé et, d'autre part, comment ces changements régulatoires sont liés au remplacement des politiques économiques keynésiennes par celles de l'Élat néolibéral.
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Nortje, Windell, Abraham Hamman, and Chesne Albertus. "Deciphering Dangerousness: A Critical Analysis of Section 286A and B of the Criminal Procedure Act 51 of 1977." Potchefstroom Electronic Law Journal 22 (October 11, 2019): 1–25. http://dx.doi.org/10.17159/1727-3781/2019/v22i0a5950.
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The violent nature of some crimes and the high crime rate in South Africa reflect the fact that some offenders constitute a real threat to the security of communities. It is understandable, therefore, that the state seeks to protect its citizens through preventive measures. Although South Africa has certain legal provisions on its statutory books, it seems that the declaration of persons as dangerous criminals is under-utilised. South African legislation dealing with the declaration of dangerous criminals can be improved by borrowing some traits of the Canadian legislation. Such features include the restriction of courts' discretion and the provision of concrete and more detailed guidelines on the nature of the offences for which the provision can be applied. The courts could also take into account the type of criminal history of the offender which would merit the declaration of a dangerous criminal. It is also important that the extent of the violence in an offence should be thoroughly defined in court. Courts need to balance their wide discretion on the matter with the provisions in the Act in order to protect the community against dangerous criminals.
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Ireland-Piper, Danielle, and Jonathan Crowe. "Whistleblowing, National Security and the Constitutional Freedom of Political Communication." Federal Law Review 46, no. 3 (September 2018): 341–65. http://dx.doi.org/10.1177/0067205x1804600301.
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Whistleblowers promote the values of responsible government and the rule of law by drawing attention to criminal or other forms of wrongdoing in publicly accountable organisations. This article explores the relationship between whistleblowing, national security and the implied freedom of political communication under the Australian Constitution. Legislation such as the Crimes Act 1914 (Cth) (‘ Crimes Act’), the Australian Security Intelligence Organisation Act 1979 (Cth) (‘ ASIO Act’) and the Australian Border Force Act 2015 (Cth) (‘ Border Force Act’) makes it an offence to reveal certain types of information obtained as a Commonwealth officer. The Public Interest Disclosure Act 2013 (Cth) (‘ PIDA’) offers limited protection to whistleblowers in the Commonwealth public sector, but this protection does not extend to information relating to intelligence operations. We argue that blanket criminalisation of unauthorised disclosure by Commonwealth officers or contractors under s 70 of the Crimes Act, along with similar prohibitions in s 35P of the ASIO Act and s 42 of the Border Force Act, offend the implied freedom of political communication by failing to strike an adequate balance between national security and organisational secrecy, on the one hand, and public debate and discussion, on the other. The courts should read down these laws to protect disclosures that hold significant public interest for discussion and debate over government policy or the performance of government officials.
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L.P., Samofalov, and Samofalov O.L. ". Problems of legal regulation of combatinig terrorism and prevention of terrorist acts." Scientific Herald of Sivershchyna. Series: Law 2020, no. 2 (December 18, 2020): 84–92. http://dx.doi.org/10.32755/sjlaw.2020.02.084.
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The article addresses to the study of problematic issues of legal regulation of combating terrorism and the prevention of terrorist acts. The current state of crime prevention by terrorist groups is comprehensively analyzed. It is established that the range of subjects of anti-terrorist activity is not provided by the current legislation and the corresponding shortcomings that arise during the combating terrorism. It is established that the legal basis for the fight against terrorism is the Constitution of Ukraine, the Criminal Code of Ukraine, the Law of Ukraine "On Combating Terrorism", other laws of Ukraine, the European Convention on the Suppression of Terrorism of 1977 year, the International Convention for the Suppression of Terrorist Bombings of 1997 year, the International Convention on the Fight against Terrorist Financing in 1999 year, other international treaties of Ukraine approved by the Verkhovna Rada of Ukraine, decrees of the President of Ukraine, resolutions and orders of the Cabinet of Ministers of Ukraine, as well as other regulations adopted to implement the laws of Ukraine. Among the normative legal acts regulating relations in the field of counter-terrorism, one of the prominent places has the Law of Ukraine "On Prevention and Counteraction to Legalization (Laundering) of the Proceeds of Crime, Terrorist Financing and Financial Proliferation of Weapons of Mass Destruction" dated 14 October, 2014. It is proved that among the factors that negatively affect the effectiveness of the investigation of terrorist crimes, the leading place is taken by insufficiently balanced and unfounded state criminal law policy, which over the past few years has gradually lost its state character, becoming hostage to permanent political confrontation. There are many cases of unsystematic and scientifically unsubstantiated changes in certain provisions of the Criminal Code of Ukraine. Key words: terrorism, terrorist act, terrorist operation, crimes, subjects, criminal liability.
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Eskandari, Fatemeh. "Comparative Study of Property Destruction Crime Case Study: Iranian and British Law." International Journal of Social Sciences and Humanities Invention 6, no. 11 (November 2, 2019): 5698–701. http://dx.doi.org/10.18535/ijsshi/v6i11.02.
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Destruction of property means the deliberate destruction or incomplete destruction of material property belonging to others, which is punishable by law. In Islamic law, according to the rule of loss, the sentence is punishable by indemnity (civil liability), and the act of damaging another's punishment is punishable by damaging the property of another. In the criminal law of Iran, the crime in addition to the common elements of all crimes has its own specific elements, not only in the Islamic Penal Code, but also in the various laws and regulations that the legislator has prescribed to prevent the deliberate loss of some property. , There is .
In British law, the Criminal Destruction Act of 1971 also includes one major offense, one misdemeanor offense, and two minor offenses. To another, without legal excuse.
Conduct of destruction shall be subject to the above provisions if it is to occur in a material positive manner and shall be subject to criminal offenses such as property, documents, buildings and antiquities, including matters prohibited by law to the It explicitly provided that the said offense shall not only have the property not to be committed by the offender, but shall result in the loss or defective operation of the offense, causing the owner to have a material loss, otherwise due to the consequence of the offense, The offender's offenses do not have a criminal character, so as soon as the causal relationship between the offender and the outcome (loss) is realized, He is a convicted felon, no matter what the offender used, but the use of certain means intensifies his punishment.
In British law, the possibility of a crime of destruction by the act of abandonment is accepted. In British law, like Iran, property must belong to another, but in one case, the destruction of one's own property is also considered a crime, and in the UK the use of some means of destruction will increase the punishment.
The psychological element of the crime of property destruction is intentional, except in specific cases, and it is necessary that the specific, general nature of the offense and the dispossession of the property belong separately to the other. Finally, the commencement of the crime if it does not fall under the heading of other criminal offenses is not a crime and cannot be pursued.
In the United Kingdom the psychological element of criminal damage in English law is direct or indirect or objective negligence defined by the House of Lords. The punishment for the offense also varies for each individual case.
Dissertations / Theses on the topic "Crimes Act 1974"
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Lee, Foong Mee, and n/a. "OTC derivatives filling the gaps in investor protection." University of Canberra. Law, 1998. http://erl.canberra.edu.au./public/adt-AUC20050523.105415.
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The dramatic growth of over-the-counter (OTC) derivatives in the last two decades
and the ever-expanding range of financial derivative have triggered concerns as
regards investor protection. These concerns have been exacerbated in recent times by
phenomenal losses sustained by several large corporations (including municipalities), in
the United States, Europe and Asia.
This thesis seeks to evaluate the capacity of the existing regulatory framework in
Australia to provide protection to participants trading in the OTC derivatives markets.
The evaluation is carried out in three parts: first, by identifying the gaps in the
Corporations Law regimes, second by determining the extent to which the general
criminal and consumer laws are capable of stepping into the breach left open by the
Corporations Law and third, by locating the gaps in the supervisory structure by
identify the participants who are not subject to any form of supervision by the
regulators.
The examination conducted in this thesis of the regimes in Chapters 7 and 8 of the
Corporations Law reveals a number of gaps in respect of investor protection.
Significantly, the OTC derivatives market, which is by far the larger market compared
to the on-exchange derivatives market, is generally unregulated by the Corporations
Law. Comparative analysis between the sanctions provisions in Chapters 7 and 8 of
the Corporations Law and those in the Crimes Act 1900 (NSW) and the Trade
Practices Act 1974 (Cth) indicated that whilst these latter Acts have the potential to
act as a substitute for some of the sanctions provisions in the Corporation Law, about
half of the sanctions provisions under the Corporations Law regime has no equivalent
provisions in these Acts. In consequence, some regulatory gaps remain. Gaps also
occur in the supervisory structure as the surveillance by regulators of market
participants is focused along institutional lines.
The failure of the law to provide adequate protection to investors trading in the OTC
derivatives markets is due primarily to an outdated, inflexible and inappropriate
regulatory framework which, when originally constructed, was not intended to
regulated the broad spectrum of financial derivatives. This thesis discusses the gaps
and deficiencies in the Corporations Law regime and also discusses the recent
recommendations made by the Wallis Committee and the Companies and Securities
Advisory Committee as well as the proposals of the Treasury in relation to investor
protection. It also provides some suggestions for law reform.
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Godwin, Cherese. "A study of the relationship between incarceration, birth rate, and racial disparities among African Americans since the passing of the violent crime control and law enforcement act of 1994." DigitalCommons@Robert W. Woodruff Library, Atlanta University Center, 2015. http://digitalcommons.auctr.edu/dissertations/3124.
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This study examined the relationship of incarceration, birth rate, and racial disparities based on the results of the survey respondents and supporting documentation from scholarly authors. The linkages between incarceration, birth rate, and racial disparities among African Americans have only recently been studied; much more work remains to improve our understanding of these relationships. The target population for the research was composed of adults ages 18 and up. Ninety-one respondents were selected utilizing nonprobability convenience sampling from among the participants of the selected 10 states for the study. In sum, there was no statistically significant relationship established between incarceration and birth rate, yet there was a significant relationship established between incarceration and racial disparities, and incarceration and family development among African Americans in the United States.
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Béreau, Laurie. ""Crisis in Education" : le débat sur l'éducation aux Etats-Unis après 1945." Thesis, Strasbourg, 2013. http://www.theses.fr/2013STRAC016/document.
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De nos jours, le motif de la « crise de l’éducation » est récurrent dans les discussions publiques sur le système éducatif, et ce des deux côtés de l’Atlantique. Aux Etats-Unis, c’est au lendemain de la seconde guerre mondiale qu’il prend une tournure nouvelle. Jusqu’alors on avait parlé de « crise » pour désigner les difficultés matérielles et financières du système, mais l’expression prend une autre signification après 1945, tandis que s’installe un débat entre les partisans de l’éducation moderne, modèle inspiré par les principes de l’éducation progressiste, et les défenseurs d’une éducation humaniste, qui dénoncent une dégradation des exigences intellectuelles et des résultats de l’enseignement public. Cette étude se propose de restituer les termes de ce débat et d’analyser ses répercussions sur les dynamiques du système éducatif américain. La confrontation entre deux philosophies de l’éducation ne se limite pas à la sphère des professionnels et on en retrouve les échos dans la presse de grande diffusion comme dans certains films hollywoodiens. Alors que les États-Unis font face à une crise de confiance après le lancement réussi du satellite Spoutnik, le gouvernement américain désigne le système éducatif comme maillon faible en s’appuyant sur les critiques formulées tout au long des années 1950 par les adversaires de l’éducation moderne. Le télescopage du débat sur l’éducation et des logiques de Guerre froide ouvre alors la voie à une intervention fédérale inédite dans le domaine de l’éducation, avec l’adoption du National Defense Education Act de 1958The “crisis in education” has been a recurrent theme in discussions about the American school system. In the United States, it was after WWII that the notion gained momentum and a new meaning. Until then, the term “crisis” had been merely used to evoke the dire material and financial state of education. The expression took another turn with the emergence of a debate between proponents of modern education (a model derived from the principles of progressive education) and partisans of liberal education who denounced an intellectual degradation in the school system. This dissertation analyzes this debate and its consequences on the dynamics of education in the United States. This strife between two conceptions of education is set apart by its significant influence and pervasion of society. Indeed, not only did it involve the circle of professional educators but it also touched lay men, so much so that it was integrated by popular culture. Confronted with a confidence crisis in the aftermath of the successful launch of satellite Sputnik, the U.S. government pinpointed the school system as the weak link of the American nation, taking advantage of the wave of criticisms against modern education that had dominated the 1950s. The combination of the debate on education with the logics of the Cold War paved the way for an unprecedented federal intervention in the field of education with the 1958 National Defense Education Act
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Silva, Joana Andreia Costa da. "Calibration of term structure models : analysis of the impact of the 2007-2012 financial crisis." Master's thesis, Instituto Superior de Economia e Gestão, 2015. http://hdl.handle.net/10400.5/10703.
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Mestrado em Matemática FinanceiraO BCE (Banco Central Europeu) analisa diariamente, a estrutura temporal das taxas de juro (yield curve). Nessa análise é utilizado o modelo de Svensson (1994) para calibrar a yield curve para a zona euro, usualmente denominada default-free yield curve. Com base no histórico dos parâmetros do modelo de Svensson (1994) disponibilizado pelo BCE, as default-free yield curve são calibradas, em cada dia útil, no período de 6 de setembro de 2004 a 2 de março de 2015. É realizada uma análise de componentes principais (ACP) da default-free yield curve e uma análise de quebra de estrutura da evolução temporal dos parâmetros do modelo de Svensson (1994). As duas análises realizadas têm como objetivo perceber o impacto da crise na calibração da default-free yield curve. São calibradas as yield curves para a Alemanha e para os países periféricos da zona euro: PIIGS (Portugal, Irlanda, Itália, Grécia e Espanha), sendo também realizada uma ACP das yield curves de cada um destes países, em três períodos. Essa análise permite concluir que, na maior parte dos países em estudo, a significância das primeiras componentes principais altera-se com a crise financeira de 2007-2012, sugerindo que o modelo de Svensson (1994), usado pelo BCE, não é o mais adequado no período após essa crise. Após se obterem as yield curves para cada um dos países mencionados, são calibradas as estruturas temporais dos spreads de crédito de cada um desses países, no mesmo período. Além disso, é elaborada uma ACP dos spreads de crédito em três períodos.
ECB (European Central Bank) is daily analyzing the term structure of interest rates (yield curve). In this analysis the Svensson (1994) model is used to calibrate the yield curve for the euro zone, usually referred to as default-free yield curve. On the basis of the historical parameters data of the Svensson (1994) model available from ECB, the default-free yield curve are calibrated in the period from September 6, 2004 to March 2, 2015. Moreover it is performed a principal component analysis (PCA) of the default-free yield curve and an analysis of structural break with respect to the temporal evolution of the Svensson (1994) parameters. The two addressed analyses have as goal to understand the impact of the 2007-2012 financial crisis upon the calibration of the default-free yield curve. Yield curves for Germany and for peripheral countries of the euro zone: PIIGS (Portugal, Ireland, Italy, Greece and Spain) are calibrated. Moreover a PCA of the yield curve of each mentioned country is achieved in three periods. This analysis allows to conclude that the significance of the first principal components change throughout the 2007-2012 financial crisis. It means that the Svensson (1994) model, used by ECB, can not be the most suitable for the period after this crisis. With the yield curve for each mentioned country and using the default-free yield curve, the credit spread term structure for each of these countries is calibrated throughout the same period. Furthermore, a PCA of the credit spreads TS is performed in three periods.
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Gregory, Stephen W. G. "The collapse of dialogue intellectuals and politics in the Uruguayan crisis, 1960-1973 /." 1999. http://www.library.unsw.edu.au/%7Ethesis/adt-NUN/public/adt-NUN2000.0001/.
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Gregory, Stephen W. G. "The collapse of dialogue : intellectuals and politics in the Uruguayan crisis, 1960-1973 /." 1998. http://www.library.unsw.edu.au/~thesis/adt-NUN/public/adt-NUN2000.0001/index.html.
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Poyo, Unathi. "A historical-legal analysis of search and seizure of electronic records for the prosecution of financial crimes in South Africa." Diss., 2020. http://hdl.handle.net/10500/26682.
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Crime has been around since the beginning of time. In an evolving society, and the methodology of crime also changes. The methodology of combating and preventing crime should aim to match the speed at which crime occurs. Criminal procedure deals with the powers of the police to investigate crimes.1 The Criminal Procedure Act 51 of 1977 (CPA) contains the principles of search and seizure in chapter 2. The promulgation of the CPA was during a period where the computer was a new phenomenon. At this time, it was inconceivable that technology would ever advance and become so ubiquitous, to the point that technology would infiltrate every aspect of our lives, and laws. There has since been many developments in our law, especially a new Constitutional dispensation.2 There have been developments and technological advancements that have had a direct and indirect bearing on the CPA. People use technology to communicate, transact, and unfortunately, to commit crime. These developments require there to be amendments in the CPA. There has been no specific amendments relating to search and seizure which are of significance in addressing technological advances. It is recommended that the amendments to the CPA include definitions and guidelines for procedural aspects of collection of electronic evidence.Criminal and Procedural Law
LL. M. (Criminal and Procedural Law)
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Moodley, Rajmoney. "An evaluation of the training of South African police service officials on the use of lethal force after the amendment to section 49 of the criminal procedure act (No. 51 of 1977)." Diss., 2009. http://hdl.handle.net/10500/3126.
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Kgosietsile, Madume. "Protection against torture in international law." Diss., 2015. http://hdl.handle.net/10500/19200.
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This limited scope dissertation deals with the protection against torture in international law. The mechanisms which have been established over the years to protect individuals against torture are analysed. The principles of international customary law dealing with torture and the United Nations Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (UNCAT) have been examined against the failure by States to honour their obligations under the Treaty and other legal normative rules. This required deep exploration of the definition of torture and how States can compromise the rule of law by manipulating the definition of torture as contemplated by the Treaty or other instruments. Examples from the former US government highlight the ways in which domestic laws can be used and are continued to be used to allow the use of torture. Measures by South Africa in joining the international community in the fight against torture are also discussed as a case study. While all efforts have been made by the South African system to adopt desirable frame works on the protection of individuals against torture, the lack of education on torture remains the down fall of the system. The dissertation clearly explains that universal jurisdiction applies in respect of torture and this is recognised by both treaty law and customary law. Indeed despite all the current measures in place the use of torture persists. The research clearly reveals that countries hide behind their own laws to perpetrate acts of torture. It is then recommended that proper implementation of the legal structures, informed of the objectives of the structures, is essential in completely eradicating torture.Public, Constitutional, and International Law
LLM
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Monyakane, ’Mampolokeng ’Mathuso Mary-Elizabeth. "The constitutionality of employers' investigative procedures and disciplinary hearing processes with specific reference to dismissal of employees on the basis of criminal misconducts in South Africa." Thesis, 2020. http://hdl.handle.net/10500/26956.
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This Doctoral thesis entitled the Constitutionality of Employers' Investigative Procedures and Disciplinary Hearing Processes with Specific Reference to Dismissal of Employees on the Basis of Criminal Misconducts in South Africa, focusses on individual labour law principles of fair labour practices entrenched in section 23(1) of the Constitution. The thesis deals with fairness in situation where an employee who is suspected of committing a criminal act is investigated and subsequently goes through a disciplinary hearing for dismissal. It determines the extent to which an employee’s criminal guilt is decided before dismissal. As such, the thesis is based upon South African judicial interpretation of the right to fair dismissal. In the process the thesis examines the application of principles informing the employer’s duty to provide fair reason concerning the dismissal of employees criminal suspects. In examining if employers observe constitutional transformative objective when conducting criminal investigations and disciplinary hearings - the thesis reviews the extent to which the employer respects constitutional rationales of equity based on the principles of natural justice. These natural justice principles are the basis upon which section 23(1) fairness is founded. Section 23 (1) is implemented through the LRA provisions. The thesis then concludes that, only one principle of natural justice - audi alteram partem is respected within employer flexibility-based fairness while the other principle - nemo judex in propria sua causa is ignored. It is this denial that causes serious procedural challenges in the quest for equity intended in section 23(1) fair labour practices. It is upon these foundational equity concerns that this thesis opposes the flexibility in employer’s criminal investigations and disciplinary hearing processes entrenched in item 4 (1) of Schedule 8 of the LRA fair procedure for dismissal of employees suspected of criminal acts. The thesis interlinks labour law and criminal law to advocate for the missing constitutionally justiciable fairness for employees who have committed criminal misconducts. It argues that the current judicial interpretation of labour law fairness is based upon the principle of flexibility underlying dismissals, asserting that fairness based on flexibility breeds informal procedural processes which exempt employers from observing crucial constitutional fairness principles expressed through proportionality-based prescripts. The thesis concludes that the practice of including the right against self-incrimination in employment law, done in other common law countries be introduced into the South African labour law through section 39 of the Constitution so that the identified procedural challenges are regulated.Mercantile Law
LL.D.
Books on the topic "Crimes Act 1974"
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Botswana. Corruption and Economic Crime Act, 1994. Gaborone, Botswana: Govt. Printer, 1994.
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Miller, Roger C. Reported crimes and arrests, 1994, University of Alaska Southeast: Implementation of the Crime awareness and campus security act of 1990 : crime reporting provisions. [Anchorage, Alaska]: Justice Center, University of Alaska, Anchorage, 1995.
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Nieto, Marcus. The 1994 Violent Crime Control and Law Enforcement Act today. Sacramento, Calif: California Research Bureau, California State Library, 1995.
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George, B. James. The Comprehensive Crime Control Act of 1984: Contemporary federal criminal practice. Clifton, NJ: Prentice Hall Law & Business, 1986.
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Christine, Wnuk, Zimmmerman Christopher, and National Conference of State Legislatures., eds. States and the Violent Crime Control and Law Enforcement Act of 1994. Denver, Colo: National Conference of State Legislatures, 1995.
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United States. Office of Justice Programs. Office for Victims of Crime. Victims of crime act of 1984 as amended: A report to the President and the Congress. Washington, D.C: Office for Victims of Crime, Office of Justice Programs, U.S. Dept. of Justice, 1999.
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US GOVERNMENT. Title I: The Omnibus Crime Control and Safe Streets Act of 1968 (Public Law 90-351) ... as amended by the Omnibus Crime Control Act of 1970 ... and the Justice Assistance Act of 1984 ... an act to assist state and local governments in reducing the incidence of crime ... and for other purposes. [Washington, D.C.?: U.S. Dept. of Justice, 1986.
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United States. Office of Justice Programs. Office for Victims of Crime. Victims of Crime Act of 1984, as amended: A report to the President, the Congress, and the nation. Washington, D.C: Office for Victims of Crime and Justice, Office of Justice Programs, U.S. Dept. of Justice, 2001.
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Chopra, Kamlesh. The Uttar Pradesh Gangsters and Anti-Social Activities (Prevention) Act, 1986 alongwith the Uttar Pradesh Control of Goondas Act, 1970 & Uttar Pradesh Control of Goondas Rules, 1970 ... 2nd ed. Allahabad: Manav Law House, 2005.
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Congress, U. S. Freedom of Access to Clinic Entrances Act of 1994: Conference report (to accompany S. 636). [Washington, D.C.?: U.S. G.P.O., 1994.
Find full textBook chapters on the topic "Crimes Act 1974"
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Szibor, R., R. Schöning, Ines Plate, and D. Krause. "Typing of Mucoid Cell Stains at Bite Marks on Victims of Sexual Homicide Crimes." In Acta Medicinæ Legalis Vol. XLIV 1994, 93–95. Berlin, Heidelberg: Springer Berlin Heidelberg, 1995. http://dx.doi.org/10.1007/978-3-642-79523-7_31.
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Lindsey, David E. "Suffering Mid-Life Crises: Confronting Severe Inflation and Financial Meltdown in Adulthood—February 1970–January 2014." In A Century of Monetary Policy at the Fed, 47–56. New York: Palgrave Macmillan US, 2016. http://dx.doi.org/10.1007/978-1-137-57859-4_4.
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"The International Crimes (Tribunals) Act, 1973 (Original Act)." In National Trials of International Crimes in Bangladesh, 433–43. Brill | Nijhoff, 2019. http://dx.doi.org/10.1163/9789004389380_018.
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Hannibal, Martin, and Lisa Mountford. "3. The Powers to Stop, Search and Arrest." In Criminal Litigation 2020-2021, 49–64. Oxford University Press, 2020. http://dx.doi.org/10.1093/he/9780198858423.003.0003.
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The police have extensive statutory powers to stop and search and to arrest a person in connection with the investigation of a criminal offence under various statutes, including the Police and Criminal Evidence Act 1984 (PACE 1984), the Terrorism Act 2000, the Misuse of Drugs Act 1971, and the Serious Organised Crime and Police Act 2005. This chapter examines the powers of stop and search before arrest; powers of arrest under PACE 1984; powers to search a person and his property after arrest; the power to grant street bail; and the right to liberty under Article 5 European Convention on Human Rights (ECHR 1950).
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Hannibal, Martin, and Lisa Mountford. "3. The Powers to Stop, Search and Arrest." In Criminal Litigation 2019-2020, 47–62. Oxford University Press, 2019. http://dx.doi.org/10.1093/he/9780198838548.003.0003.
Full textAbstract:
The police have extensive statutory powers to stop and search and to arrest a person in connection with the investigation of a criminal offence under various statutes, including the Police and Criminal Evidence Act 1984 (PACE 1984), the Terrorism Act 2000, the Misuse of Drugs Act 1971, and the Serious Organised Crime and Police Act 2005. This chapter examines the powers of stop and search before arrest; powers of arrest under PACE 1984; powers to search a person and his property after arrest; the power to grant street bail; and the right to liberty under Article 5 European Convention on Human Rights (ECHR 1950).
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Hannibal, Martin, and Lisa Mountford. "3. The Powers to Stop, Search, and Arrest." In Criminal Litigation, 49–64. Oxford University Press, 2021. http://dx.doi.org/10.1093/he/9780192844286.003.0003.
Full textAbstract:
The police have extensive statutory powers to stop and search and to arrest a person in connection with the investigation of a criminal offence under various statutes, including the Police and Criminal Evidence Act 1984 (PACE 1984), the Terrorism Act 2000, the Misuse of Drugs Act 1971, and the Serious Organised Crime and Police Act 2005. This chapter examines the powers of stop and search before arrest; powers of arrest under PACE 1984; powers to search a person and his property after arrest; the power to grant street bail; and the right to liberty under Article 5 European Convention on Human Rights (ECHR 1950).
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"The International Crimes (Tribunals) Act, 1973 (Act No. xix of 1973) as Amended up to February 2013." In National Trials of International Crimes in Bangladesh, 444–56. Brill | Nijhoff, 2019. http://dx.doi.org/10.1163/9789004389380_019.
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Ranasinghe, Kasuni Ishara. "Ideational Understanding of the Indo-Pakistan Nuclear Rivalry." In Advances in Digital Crime, Forensics, and Cyber Terrorism, 112–33. IGI Global, 2021. http://dx.doi.org/10.4018/978-1-7998-7904-6.ch007.
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Most of the existing discussions of the nuclear ambitions of states have neglected hidden ideational factors of nuclearisation. This chapter attempts to fill this gap by analyzing prevailing literature on the Indo-Pakistan nuclear rivalry. India and Pakistan have had a history of conflict with each other since the partition in 1947. The conflict is based on divisions of two religious groups, Hindus and Muslims, and extended to an identity crisis which later turned to a bilateral conflict between two nations. The nuclear test in 1974 diverted the conflict into a novel dimension. The study conceptualizes the factors of nuclear ambitions (material and ideational) of two nations using the model of the iceberg. A constructive psychological theory to analyze the moral orders of social actions and duties of participants to act in certain issues is given. Constructivism is used as the foundation of the proposed ideational framework.
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"Impact of the Juvenile Court Act, 1944–1945." In Juvenile Crime and Dissent in Nazi Vienna, 1938–1945. Bloomsbury Academic, 2020. http://dx.doi.org/10.5040/9781350132634.ch-005.
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"Alternatives 1971–1988." In Art and Pluralism. Liverpool University Press, 2012. http://dx.doi.org/10.5949/liverpool/9781846316456.003.0004.
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This section focuses on Lawrence Alloway's life as an art critic in the period 1971–1988, beginning with the emergence of disorienting art as an expression of dissent in the art world, Alloway's response to the politicisation of art, his new pluralism, the uses and limits of art criticism, criticism and women's art, Alloway's writings on Photo-Realism and Earth art, the decline of the avant-garde, and crises in the art world concerning criticism, feminism and curatorship. It also looks at Alloway's last years.
Conference papers on the topic "Crimes Act 1974"
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Vaskevitch, David. "Database in crisis and transition." In the 1994 ACM SIGMOD international conference. New York, New York, USA: ACM Press, 1994. http://dx.doi.org/10.1145/191839.191942.
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Rey Villaronga, Gonzalo José. "El borrado como estrategia de producción artística." In III Congreso Internacional de Investigación en Artes Visuales :: ANIAV 2017 :: GLOCAL. Valencia: Universitat Politècnica València, 2017. http://dx.doi.org/10.4995/aniav.2017.5842.
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Con el análisis de la performance “Viena says…” del artista alemán Nasan Tur pretendemos demostrar como el borrado no sólo es una práctica a la que se llega a través de la sustracción, sino también a través de la adicción. Y cómo esta práctica tiene mucho que ver con la sobreabundancia de las imágenes y la pérdida de la identidad. Este análisis forma parte de un trabajo más extenso que desarrollamos sobre las prácticas antivisuales en la contemporaneidad. Nasan Tur (Alemania,1974). Este artista para su trabajo parte del entorno urbano, la calle, la plaza, el bar, una mezquita, una escalera, un aeropuerto, es decir, donde la gente se cruza temporalmente, donde los caminos y las ideas heterogéneas se enfrentan. Sus intervenciones tienen como objetivo romper con normalidad e investigar las situaciones donde se infringen los acuerdos. En un primer apartado del artículo describimos como el artista explora la interacción del lenguaje y los símbolos en el espacio público. La obra de la imagen superior forma parte de la serie de un trabajo titulado The city says... En esta obra reúne más de cien frases pintadas en graffiti que toma de las paredes de las casas de la ciudad y las pinta con aerosol de nuevo en una pared interior de su estudio, superponiéndolas en un tiempo muy veloz hasta que todos se tornan una superficie roja ilegible. La ilegibilidad y el borrado de la palabra no es un tema nuevo en el arte por eso un segundo apartado del artículo recuerda aquellos ejemplos donde ha estado presente dentro de ciertas prácticas antivisuales. Frente a la imagen omnipresente el borrado continúa siendo un acto de rebeldía y de posicionamiento que sobrepasando el placer estético se convierte en una táctica de cuestionamiento. En este caso la palabra es borrada y con ella la acción performativa adquiere una nueva dimensión. A partir del borrado de frases cortas como un Te quiero, No hay respeto, Libertad para…, etc. y que en realidad adornan miles de fachadas de todo el mundo, lo que se está haciendo presente es el mutismo de una sociedad. En las conclusiones hablaremos de esta crisis del valor comunicativo y cómo la superficie cubierta de pintura en aerosol de este modo se puede leer como una metáfora de las dificultades que acosan a cualquier forma de comunicación. Entre otros trabajos hemos utilizado como referencias los textos de: Meana Martínez, Poéticas de la negación de lo visual; Barbara Heinrich: The Stories behind the Pictures; y Ralph Rugoff: Invisible: Art about the Unseen 1957-2012.http://dx.doi.org/10.4995/ANIAV.2017.5842
Reports on the topic "Crimes Act 1974"
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Kantor, Shawn, Carl Kitchens, and Steven Pawlowski. Civil Asset Forfeiture, Crime, and Police Incentives: Evidence from the Comprehensive Crime Control Act of 1984. Cambridge, MA: National Bureau of Economic Research, September 2017. http://dx.doi.org/10.3386/w23873.
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Kelly, Luke. Lessons Learned on Cultural Heritage Protection in Conflict and Protracted Crisis. Institute of Development Studies (IDS), April 2021. http://dx.doi.org/10.19088/k4d.2021.068.
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This rapid review examines evidence on the lessons learned from initiatives aimed at embedding better understanding of cultural heritage protection within international monitoring, reporting and response efforts in conflict and protracted crisis. The report uses the terms cultural property and cultural heritage interchangeably. Since the signing of the Hague Treaty in 1954, there has bee a shift from 'cultural property' to 'cultural heritage'. Culture is seen less as 'property' and more in terms of 'ways of life'. However, in much of the literature and for the purposes of this review, cultural property and cultural heritage are used interchangeably. Tangible and intangible cultural heritage incorporates many things, from buildings of globally recognised aesthetic and historic value to places or practices important to a particular community or group. Heritage protection can be supported through a number of frameworks international humanitarian law, human rights law, and peacebuilding, in addition to being supported through networks of the cultural and heritage professions. The report briefly outlines some of the main international legal instruments and approaches involved in cultural heritage protection in section 2. Cultural heritage protection is carried out by national cultural heritage professionals, international bodies and non-governmental organisations (NGOs) as well as citizens. States and intergovernmental organisations may support cultural heritage protection, either bilaterally or by supporting international organisations. The armed forces may also include the protection of cultural heritage in some operations in line with their obligations under international law. In the third section, this report outlines broad lessons on the institutional capacity and politics underpinning cultural protection work (e.g. the strength of legal protections; institutional mandates; production and deployment of knowledge; networks of interested parties); the different approaches were taken; the efficacy of different approaches; and the interface between international and local approaches to heritage protection.
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McKenna, Patrick, and Mark Evans. Emergency Relief and complex service delivery: Towards better outcomes. Queensland University of Technology, June 2021. http://dx.doi.org/10.5204/rep.eprints.211133.
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Emergency Relief (ER) is a Department of Social Services (DSS) funded program, delivered by 197 community organisations (ER Providers) across Australia, to assist people facing a financial crisis with financial/material aid and referrals to other support programs. ER has been playing this important role in Australian communities since 1979. Without ER, more people living in Australia who experience a financial crisis might face further harm such as crippling debt or homelessness. The Emergency Relief National Coordination Group (NCG) was established in April 2020 at the start of the COVID-19 pandemic to advise the Minister for Families and Social Services on the implementation of ER. To inform its advice to the Minister, the NCG partnered with the Institute for Governance at the University of Canberra to conduct research to understand the issues and challenges faced by ER Providers and Service Users in local contexts across Australia. The research involved a desktop review of the existing literature on ER service provision, a large survey which all Commonwealth ER Providers were invited to participate in (and 122 responses were received), interviews with a purposive sample of 18 ER Providers, and the development of a program logic and theory of change for the Commonwealth ER program to assess progress. The surveys and interviews focussed on ER Provider perceptions of the strengths, weaknesses, future challenges, and areas of improvement for current ER provision. The trend of increasing case complexity, the effectiveness of ER service delivery models in achieving outcomes for Service Users, and the significance of volunteering in the sector were investigated. Separately, an evaluation of the performance of the NCG was conducted and a summary of the evaluation is provided as an appendix to this report. Several themes emerged from the review of the existing literature such as service delivery shortcomings in dealing with case complexity, the effectiveness of case management, and repeat requests for service. Interviews with ER workers and Service Users found that an uplift in workforce capability was required to deal with increasing case complexity, leading to recommendations for more training and service standards. Several service evaluations found that ER delivered with case management led to high Service User satisfaction, played an integral role in transforming the lives of people with complex needs, and lowered repeat requests for service. A large longitudinal quantitative study revealed that more time spent with participants substantially decreased the number of repeat requests for service; and, given that repeat requests for service can be an indicator of entrenched poverty, not accessing further services is likely to suggest improvement. The interviews identified the main strengths of ER to be the rapid response and flexible use of funds to stabilise crisis situations and connect people to other supports through strong local networks. Service Users trusted the system because of these strengths, and ER was often an access point to holistic support. There were three main weaknesses identified. First, funding contracts were too short and did not cover the full costs of the program—in particular, case management for complex cases. Second, many Service Users were dependent on ER which was inconsistent with the definition and intent of the program. Third, there was inconsistency in the level of service received by Service Users in different geographic locations. These weaknesses can be improved upon with a joined-up approach featuring co-design and collaborative governance, leading to the successful commissioning of social services. The survey confirmed that volunteers were significant for ER, making up 92% of all workers and 51% of all hours worked in respondent ER programs. Of the 122 respondents, volunteers amounted to 554 full-time equivalents, a contribution valued at $39.4 million. In total there were 8,316 volunteers working in the 122 respondent ER programs. The sector can support and upskill these volunteers (and employees in addition) by developing scalable training solutions such as online training modules, updating ER service standards, and engaging in collaborative learning arrangements where large and small ER Providers share resources. More engagement with peak bodies such as Volunteering Australia might also assist the sector to improve the focus on volunteer engagement. Integrated services achieve better outcomes for complex ER cases—97% of survey respondents either agreed or strongly agreed this was the case. The research identified the dimensions of service integration most relevant to ER Providers to be case management, referrals, the breadth of services offered internally, co-location with interrelated service providers, an established network of support, workforce capability, and Service User engagement. Providers can individually focus on increasing the level of service integration for their ER program to improve their ability to deal with complex cases, which are clearly on the rise. At the system level, a more joined-up approach can also improve service integration across Australia. The key dimensions of this finding are discussed next in more detail. Case management is key for achieving Service User outcomes for complex cases—89% of survey respondents either agreed or strongly agreed this was the case. Interviewees most frequently said they would provide more case management if they could change their service model. Case management allows for more time spent with the Service User, follow up with referral partners, and a higher level of expertise in service delivery to support complex cases. Of course, it is a costly model and not currently funded for all Service Users through ER. Where case management is not available as part of ER, it might be available through a related service that is part of a network of support. Where possible, ER Providers should facilitate access to case management for Service Users who would benefit. At a system level, ER models with a greater component of case management could be implemented as test cases. Referral systems are also key for achieving Service User outcomes, which is reflected in the ER Program Logic presented on page 31. The survey and interview data show that referrals within an integrated service (internal) or in a service hub (co-located) are most effective. Where this is not possible, warm referrals within a trusted network of support are more effective than cold referrals leading to higher take-up and beneficial Service User outcomes. However, cold referrals are most common, pointing to a weakness in ER referral systems. This is because ER Providers do not operate or co-locate with interrelated services in many cases, nor do they have the case management capacity to provide warm referrals in many other cases. For mental illness support, which interviewees identified as one of the most difficult issues to deal with, ER Providers offer an integrated service only 23% of the time, warm referrals 34% of the time, and cold referrals 43% of the time. A focus on referral systems at the individual ER Provider level, and system level through a joined-up approach, might lead to better outcomes for Service Users. The program logic and theory of change for ER have been documented with input from the research findings and included in Section 4.3 on page 31. These show that ER helps people facing a financial crisis to meet their immediate needs, avoid further harm, and access a path to recovery. The research demonstrates that ER is fundamental to supporting vulnerable people in Australia and should therefore continue to be funded by government.
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Hendricks, Kasey. Data for Alabama Taxation and Changing Discourse from Reconstruction to Redemption. University of Tennessee, Knoxville Libraries, 2021. http://dx.doi.org/10.7290/wdyvftwo4u.
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At their most basic level taxes carry, in the words of Schumpeter ([1918] 1991), “the thunder of history” (p. 101). They say something about the ever-changing structures of social, economic, and political life. Taxes offer a blueprint, in both symbolic and concrete terms, for uncovering the most fundamental arrangements in society – stratification included. The historical retellings captured within these data highlight the politics of taxation in Alabama from 1856 to 1901, including conflicts over whom money is expended upon as well as struggles over who carries their fair share of the tax burden. The selected timeline overlaps with the formation of five of six constitutions adopted in the State of Alabama, including 1861, 1865, 1868, 1875, and 1901. Having these years as the focal point makes for an especially meaningful case study, given how much these constitutional formations made the state a site for much political debate. These data contain 5,121 pages of periodicals from newspapers throughout the state, including: Alabama Sentinel, Alabama State Intelligencer, Alabama State Journal, Athens Herald, Daily Alabama Journal, Daily Confederation, Elyton Herald, Mobile Daily Tribune, Mobile Tribune, Mobile Weekly Tribune, Morning Herald, Nationalist, New Era, Observer, Tuscaloosa Observer, Tuskegee News, Universalist Herald, and Wilcox News and Pacificator. The contemporary relevance of these historical debates manifests in Alabama’s current constitution which was adopted in 1901. This constitution departs from well-established conventions of treating the document as a legal framework that specifies a general role of governance but is firm enough to protect the civil rights and liberties of the population. Instead, it stands more as a legislative document, or procedural straightjacket, that preempts through statutory material what regulatory action is possible by the state. These barriers included a refusal to establish a state board of education and enact a tax structure for local education in addition to debt and tax limitations that constrained government capacity more broadly. Prohibitive features like these are among the reasons that, by 2020, the 1901 Constitution has been amended nearly 1,000 times since its adoption. However, similar procedural barriers have been duplicated across the U.S. since (e.g., California’s Proposition 13 of 1978). Reference: Schumpeter, Joseph. [1918] 1991. “The Crisis of the Tax State.” Pp. 99-140 in The Economics and Sociology of Capitalism, edited by Richard Swedberg. Princeton University Press.