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Journal articles on the topic 'Crimes Act 1974'
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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.
2
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.
3
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.
4
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.
10
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.
11
Hoare, Sudip, and Gregory O'Brien. "The impact of the Mental Health (Amendment) Act 1983 on admissions to an interim regional secure unit for mentally handicapped offenders." Psychiatric Bulletin 15, no. 9 (September 1991): 548–50. http://dx.doi.org/10.1192/pb.15.9.548.
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The management of mentally handicapped offenders has long been problematic. Three misconceptions of the relationship between mental handicap and criminality have been widely held since the turn of the century, despite there being no conclusive evidence in their support (Jackson, 1983). These are: that mentally handicapped people are more likely than others to commit antisocial acts in general; that they have a particular predisposition to commit serious crime, especially sexual crime (Robertson, 1981); and that they are unlikely to be deterred by normal sanctions. Misunderstanding breeds misapprehension. Sadly, in the past, many mentally handicapped people were admitted to hospital after committing only trivial offences. Moreover, one Special Hospital study (Parker, 1974) found that most “severely subnormal and subnormal” detained patients actually had IQs above the category to which they had been assigned.
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Darmika, Ika. "Diversion and Restorative Justice in the Criminal Justice System of Children in Indonesia." Ijtimā'iyya: Journal of Muslim Society Research 3, no. 2 (September 28, 2018): 179–96. http://dx.doi.org/10.24090/ijtimaiyya.v3i2.1921.
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Diversity and Justice Justice is the norm in the Criminal Justice System in Indonesia, as regulated in Law Number 2012 on the System Juvenile Justice. The latest Law Number 11 Year 2012 was not available to be separated by UN Resolution Number 44.25 about Convention of the Rights which was ratified by the Indonesian Government dated January 26, January 1990 in the Presidential Decree No. 36 Year 1990. Convention on the Rights of the Children of the Republic of Indonesia was the basis of the consideration of the establishment of Law Number 11 of 2012 about Juvenile Criminal Justice System which replaced Law Number 3 1997 concerning Juvenile Court. At this time, there are a number of developed countries that have implemented diversion, among others is Australia. Australia has Act on Juvenile Crimes (The Young Offenders Act 1977).In which the Law gives the authority of lawyers (police)to do diversion child offender. This thing can be known from the purpose of the Juvenile Criminal Act Law. In Australia, the policymaking has the authority to do diversion in handling crime done by child. Authority is done with consideration: a) avoiding labeling or stigma which was caused by the effects of the system judicial justice. b) There are doubts about whether to progress from treatment to children. In Indonesia, regulated in Law Number 11 of 2012 about the Juvenile Criminal Justice System, which began after 2 years promulgated on July 30, 2012. In Law Number 11 of 2012, diversion was regulated in Article 17, Article 6 / Article 15. Regarding the restorative justice in developed countries, restorative justice not only in academic fields and practical practice and criminology North America, Australia, and some Europeans, restorative justice has been applied to all know the conventional criminal justice process, namely the investigation, prosecution, stage adjudication, and the stages of the trial. The justice-restructuring process looks for a facility dialogue between various parties affected by crime, including victims, perpetrators supporters and community are all over. Death involves the process that all parties who acted in crime were at the same time together to try to complete the scrutiny of how the negotiation after the crime has taken place Indonesia trial justice regulated in Article 1 Article 6, Article 5 (1) and Article 8 Section (1)Law Number 11 Year 2012.
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O’Donoghue, Mark H. "Gould, Inc. v. Mitsui Mining & Smelting Co." American Journal of International Law 85, no. 1 (January 1991): 176–78. http://dx.doi.org/10.2307/2203570.
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In the course of litigation against an ex-employee, Gould, Inc. (Gould) allegedly learned that its proprietary technical data had been improperly supplied to Mitsui Mining & Smelting Co., Ltd. (Mitsui) and Miyakoshi Machine Tools Co., Ltd. (Miyakoshi), which then used those trade secrets in a joint venture with Pechiney Ugine Kuhlmann, a French state-owned company, and its wholly owned subsidiary, Trefimetaux (Pechiney/Trefimetaux). Gould filed a civil lawsuit against Pechiney/Trefimetaux, together with Mitsui and Miyakoshi, in U.S. district court, alleging violations of the Racketeer Influenced and Corrupt Organizations provisions of the Organized Crime Control Act of 1970 (18 U.S.C. §1961-1968 (1988)) (RICO). Gould’s complaint also included claims of unfair competition and unjust enrichment based upon the defendants’ alleged misappropriation of trade secrets. On the motion of Pechiney/Trefimetaux, the district court held that the civil RICO claim should be dismissed because, as “foreign states” under the Foreign Sovereign Immunities Act of 1976 (28 U.S.C. §1330, 1602-1611 (1988)) (FSIA), Pechiney and Trefimetaux were immune from criminal indictment for the acts alleged to have formed the basis for the RICO violation.
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Henaghan, Mark, and Ruth Ballantyne. "Bill Atkin: A Fierce Defender of Children's Rights and Proponent of Child-Focused Legislation." Victoria University of Wellington Law Review 46, no. 3 (October 1, 2015): 591. http://dx.doi.org/10.26686/vuwlr.v46i3.4912.
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This article illustrates the different ways in which Professor Bill Atkin has shown where family law legislative reforms have fallen short in making the rights and well-being of children the paramount consideration in family law disputes, and properly taking account of children's views on matters that affect them. It examines Atkin's thought-provoking analysis of the introduction of the Care of Children Act 2004 and the changes made in recent years to the Child Support Act 1991, the Property (Relationships) Act 1976 and the Family Court system as a whole. The article also explores Atkin's approval of the amendments to the Crimes Act 1961 preventing parents from using physical discipline against their children for the purposes of correction. Overall, the article highlights Atkin's extensive contribution to family law and demonstrates what needs to be changed to ensure New Zealand family law and society becomes more child-focused in the future.
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Lopez, Jonathan A., Courtney J. Linn, Edward Eisert, and Lauren Muldoon. "Anti-money laundering program and suspicious activity report filing requirements for registered investment advisors: practicalities and implications of FinCEN’s proposed new rule." Journal of Investment Compliance 17, no. 2 (July 4, 2016): 54–60. http://dx.doi.org/10.1108/joic-04-2016-0016.
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Purpose To provide a summary and analysis of the Proposed Rulemaking published by the Financial Crimes Enforcement Network (FinCEN) on September 1, 2015, which proposes to subject investment advisers to certain requirements of the Bank Secrecy Act of 1970. Design/methodology/approach The article discusses the proposed expansion of Bank Secrecy Act regulations to include investment advisers, including the history behind the rulemaking, proposed definition of “investment adviser” under the Act, the comments received in response to the proposed rulemaking, and the potential implications of the rule, should it be finalized. Findings This article concludes that FinCEN, in cooperation with the Securities and Exchange Commission (SEC) and other agencies, is nearing completion of the proposed rule. Investment advisers that fall under the proposed definition of those subject to Bank Secrecy Act should prepare to implement anti-money laundering compliance programs. Originality/value This article contains valuable information about proposed regulations impacting investment advisers registered or required to be registered with the Securities and Exchange Commission.
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Smith, J. J. "A Four-Fold Evil? The Crime of Aggression and the Case of Western Sahara." International Criminal Law Review 20, no. 3 (May 28, 2020): 492–550. http://dx.doi.org/10.1163/15718123-02002007.
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In 2010 the international community codified the crime of aggression. But the jurisdiction of courts and definition of acts encompassed by the crime would remain incomplete. Western Sahara now appears to be the only situation where it is possible to prosecute aggression. The development of the crime is reviewed and the circumstances of aggression in Western Sahara are addressed starting with the territory’s invasion in 1975. The analysis moves to Spain’s 2014 adoption of the crime, its national criminal law jurisdiction and the limits to retroactivity in the case of Western Sahara. Occupation and annexation, as presumptive second and third acts of aggression in Western Sahara, are reviewed. A fourth act of aggression not explicitly defined in 2010 is examined, the intentional denial of a non-self-governing people’s right to self-determination. Defences to aggression in Western Sahara are evaluated. Lessons for future development and application of the crime are discussed.
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B, CHINTHU I. "Educational Progress in Travancore: Review on the Role of Travancore Royal Family in Higher Education." GIS Business 14, no. 3 (June 21, 2019): 188–95. http://dx.doi.org/10.26643/gis.v14i3.4668.
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“Education is the basic tool for the development of consciousness and the reconstitution of society” -Mahatma Gandhi.
In Kerala formal and higher education started much earlier than rest of the Indian states. Educational initiatives made the state the most literate one and placed it as well ahead in gender and spatial equity. During the initial phase of educational expansion, education got its prominence for its intrinsic worthiness and played the role of enlightenment and empowerment. Kerala has occupied a prominent place on the educational map of the country from its ancient time. Though there is no clear picture of the educational system that prevailed in the early centuries of the Christian Era, the Tamil works of the Sangam age enable us to get interesting glimpses of the educational scene in Tamilakam including the present Kerala[i]. The standards of literacy and education seem to have been high. The universal education was the main feature of sangam period.
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Evolution and Growth of Cyber Crimes: An Analys on the Kerala Scenario
S S KARTHIK KUMAR
Crime is a common word that we always hereof in this era of globalization. Crimes refer to any violation of law or the commission of an act forbidden by law. Crime and criminality have been associated with man since time immemorial.
Cyber crime is a new type of crime that occurs in these years of Science and Technology. There are a lot of definitions for cyber crime. It is defined as crimes committed on the internet using the computer as either a tool or a targeted victim. In addition, cyber crime also includes traditional crimes that been conducted with the access of Internet. For example hate crimes, telemarketing Internet fraud, identity theft, and credit card account thefts. In simple word, cyber crime can be defined as any violence action that been conducted by using computer or other devices with the access of internet.
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Myriad Aspects of Secular Thinking on Malayali Cuisine
SAJITHA M
Food is one of the main requirements of human being. It is flattering for the preservation of wellbeing and nourishment of the body. The food of a society exposes its custom, prosperity, status, habits as well as it help to develop a culture. Food is one of the most important social indicators of a society. History of food carries a dynamic character in the socio- economic, political, and cultural realm of a society. The food is one of the obligatory components in our daily life. It occupied an obvious atmosphere for the augmentation of healthy life and anticipation against the diseases. The food also shows a significant character in establishing cultural distinctiveness, and it reflects who we are. Food also reflected as the symbol of individuality, generosity, social status and religious believes etc in a civilized society. Food is not a discriminating aspect. It is the part of a culture, habits, addiction, and identity of a civilization.Food plays a symbolic role in the social activities the world over. It’s a universal sign of hospitality.[i]
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Re-Appraising Taxation in Travancore and It's Caste Interference
REVATHY V S
Travancore , one of the Princely States in British India and later became the Model State in British India carried a significant role in history when analysing its system of taxation. Tax is one of the chief means for acquiring revenue and wealth. In the modern sense, tax means an amount of money imposed by a government on its citizens to run a state or government. But the system of taxation in the Native States of Travancore had an unequal character or discriminatory character and which was bound up with the caste system. In the case of Travancore and its society, the so called caste system brings artificial boundaries in the society.[i]
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Second World War and Its Repercussions: Impetus on Poverty in Travancore
SAFEED R
In the first half of the twentieth century the world witnessed two deadliest wars and it directly or indirectly affected the countries all over the world. The First World War from 1914-1918 and the Second World War from 1939-1945 shooked the base of the socio-economic and political structure of the entire world. When compared to the Second World War, the First World War confined only within the boundaries of Europe and has a minimal effect on the other parts of the world. The Second World War was most destructive in nature and it changed the existing socio-economic and political setup of the world countries.
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Kayaal, Tuğçe. "“Twisted Desires,” Boy-Lovers, and Male–Male Cross-Generational Sex in the Late Ottoman Empire (1912–1918)." Historical Reflections/Réflexions Historiques 46, no. 1 (March 1, 2020): 31–46. http://dx.doi.org/10.3167/hrrh.2020.460103.
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This article explores the condemnation of male–male cross-generational sexual practices in the Ottoman Empire during World War I (1914–1918) through a sexual harassment case that took place in an orphanage in Konya. Relying on the police registers and incorporating individual testimonies of orphan boys who were sexually abused by the headmaster, Münir Bey, I explore the wartime political and sexological discourses on cross-generational homoerotic sexual practices against the backdrop of the institutionalization of heterosexual sex. I argue that, rather than the act of sexual abuse itself, in the wartime ideological climate it was the sexual interaction between same-sex individuals that alarmed Ottoman state and society and forced them to take action against it. Male–male cross-generational sex and homoeroticism itself became bigger crimes than the act of sexually abusing underage individuals.
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Osho, Gbolahan S. "Is the United States Juvenile Justice System Working: An Empirical Investigation from the Life Course Approach." Journal of Public Administration and Governance 3, no. 1 (April 11, 2013): 142. http://dx.doi.org/10.5296/jpag.v3i1.3006.
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The juvenile court was given jurisdiction over neglect and dependent children for the purpose of this act the words dependent child and neglected shall mean any child who for any reason is destitute or homeless, abandoned, no proper parental care or guardianship; or who habitually begs or receives alms; or who is found living, in any house of ill fame or with any vicious or disreputable person; or whose home, by reason of neglect, cruelty or depravity on the part of its parents, guardian or other person in whose care it may be, is an unfit place for such a child” (Abadinsky pg 102). In 1968 Congress “passed the Juvenile Delinquency Prevention and Control Act. The act was designed to encourage states to develop plans and programs that would work on community levels to discourage juvenile delinquency. The Juvenile Delinquency Prevention and Control Act was precursor to the extensive Juvenile Justice and Delinquency Prevention Act that replaced it in 1974. However, to prevent a juvenile from committing a crime or re-offending, this study believes that the juvenile court and the state legislators must designed a program that juveniles can participate in and engage them in positive activities. This way a youth will change his or her behavior and become a law-abiding
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Brown, Elizabeth K., Kelly M. Socia, and Jasmine R. Silver. "Conflicted conservatives, punitive views, and anti-Black racial bias 1974–2014." Punishment & Society 21, no. 1 (October 19, 2017): 3–27. http://dx.doi.org/10.1177/1462474517736295.
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Research suggests that the views of “conflicted conservatives,” Americans who self-identify as conservative but express support for liberal governmental policies and spending, are particularly important in policymaking and politics because they are politically engaged and often act as swing voters. We examine punitive views among conflicted conservatives and other political subgroups in three distinct periods in the politics of punishment in America between 1974 and 2014. In particular, we consider the punitive views of conflicted conservatives relative to consistent conservatives, moderates, and liberals. Given the barrier that racialized typifications of violent crime may pose to current criminal justice reform efforts, we also explore the role of anti-Black bias in predicting punitive views among White Americans across political subgroups. Our overall findings indicate that conflicted conservatives are like moderates in their support for the death penalty and like consistent conservatives on beliefs about court harshness. These findings, and supplemental analyses on punitive views and voting behaviors across political subgroups, call into question whether conflicted conservatives have acted as critical scorekeepers on penal policy issues. We also find that anti-Black racism was significantly related to punitive views across political subgroups and among liberals in particular.
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Hepworth, Andrea. "From Survivor to Fourth-Generation Memory: Literal and Discursive Sites of Memory in Post-dictatorship Germany and Spain." Journal of Contemporary History 54, no. 1 (May 16, 2017): 139–62. http://dx.doi.org/10.1177/0022009417694429.
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The transition of the memory of twentieth-century conflicts from survivor to cultural memory has become inevitable with the passing of the survivor generation. This article examines the role of different generations in the retrieval and commemoration of the traumatic past in Germany and Spain by focusing on two main areas: firstly, it analyzes the debates surrounding the Holocaust Memorial in Berlin and the ongoing review of form and function of existing memorial sites in the city, as well as ongoing vandalism and trivialization of these sites. Secondly, it examines recent debates and protests in Spain surrounding the 1977 Amnesty Law by prominent artists and the wider public. These range from protests against the indictment of Judge Baltasar Garzón in 2010 for opening an investigation into crimes against humanity committed by the Franco regime to demonstrations in November 2015 demanding an annulment of the 1977 Law, and to the recent Argentinean court case of Franco-era human rights crimes. Considering Pierre Nora’s notion that lieux de mémoire can be ‘material or non-material’, this article suggests that debates and demonstrations can act as a virtual space in which memory is viable. It analyzes the role of the ‘generations of postmemory’, in particular the third and fourth generations, in forestalling silence and forgetting and changing existing rigid discursive patterns.
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ANTIĆ, DEJAN. "UNVEILING OF THE MEMORIAL OSSUARY IN SURDULICA IN 1924." Kultura polisa, no. 45 (July 3, 2021): 233–44. http://dx.doi.org/10.51738/kpolisa2021.18.2r.3.03.
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The aim of the research is to reconstruct the events that marked the act of unveiling and consecrating the Memorial Chapel in Surdulica on August 24, 1924. Due to the lack and disappearance of primary historical sources which are the direct consequence of the repeated Bulgarian occupation in the Second World War, the question of building and unveiling of the Memorial Ossuary in Surdulica as a symbol of the suffering of the Serbian south (1915-1918) has not been thoroughly discussed in historiography. By critically analyzing the texts in the Serbian daily newspapers Vreme, Pravda, Politika and the Bulgarian daily newspapers Mir and Praporec we intended to give an insight into historical uncertainties on this topic. The research was conducted on the corpus of the newspapers published from 23-29 August, 1924. The unit of analysis was each individual text which had the unveiling of the Memorial Ossuary as a topic, as well as the testimonies of contemporaries about one of the greatest Bulgarian crimes in World War I. Facts concerning the preparations of the local and state authorities in the Surdulica ceremony have also been presented in the paper. In addition, the text provides information about invitees, the final appearance of the Memorial, the relocation of the remains of the Surdulica victims from the temporary crypt to the newly built Memorial Tomb, while some space is given to the presentation of the national media articles about Bulgarian brutalities.
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Rostow, Nicholas. "The International Criminal Court, Aggression, and Other Matters: A Response to Koh and Buchwald." AJIL Unbound 109 (2015): 230–34. http://dx.doi.org/10.1017/s2398772300001501.
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This essay, stimulated by themes discussed by Harold Koh and Todd Buchwald, examines the International Criminal Court (ICC) and the amendment to the 1998 Rome Statute to include the crime of aggression within the ICC’s jurisdiction. The definition adopted in Kampala in 2010 is too long to quote in full but merits careful examination. For example, it states that the “‘crime of aggression’ means the planning, preparation, initiation or execution, by a person in a position effectively to exercise control over or to direct the political or military action of a State, of an act of aggression which, by its character, gravity and scale, constitutes a manifest violation of the Charter of the United Nations.” It then adopts large swaths of UN General Assembly Resolution 3314 (XXIX) of 1974—the definition of aggression—as its own. Commentators recognized problems with the 1974 definition at the time. The post-Kampala Rome Statute purports to achieve objectivity with respect to aggression through removal of everything having to do with context and the totality of the circumstances. These matters surely should be—and must be—of central importance not only to nonparties but also to the parties to the Rome Statute. The fact that they are absent forms the raison d’être of this essay. Because the ICC is a permanent body, able to take jurisdiction of ongoing problems, its actions may have significant implications for world public order.
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Lamberti, Marjorie. "The Search for the “Other Germany”: Refugee Historians from Nazi Germany and the Contested Historical Legacy of the Resistance to Hitler." Central European History 47, no. 2 (June 2014): 402–29. http://dx.doi.org/10.1017/s0008938914001290.
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During his visit to the Federal Republic of Germany in the summer of 1954, Fritz Stern, a young history professor at Columbia University, witnessed in Berlin the memorial service for the victims of the July 20, 1944, revolt against Hitler. His feelings were stirred at the sight of the sorrowful faces of the widows and children of the conspirators who were executed in the aftermath of the failed assassination attempt, and by President Theodor Heuss's speech, recalling the anguish and courage of the Germans who made the decision to rebel in an act of atonement. Born in Germany in 1926 to Protestant parents of Jewish ancestry, Stern experienced racist antisemitism in the Third Reich firsthand before his family emigrated in 1938. He returned to Germany with conflicted emotions. During World War II, when the magnitude of the annihilation of European Jewry was uncovered, he felt intense hatred toward National Socialism. The distinction between German and Nazi became blurred. And yet, he could not bring himself to hold the German people collectively guilty for such crimes and to reject his native land. At the ceremony he struggled with his own feelings, saying to himself at first that “their purposes had not been ours.” Then a sense of shame for his indiscriminate hatred overwhelmed him. He left Germany in August “purged of hatred—though not disloyal to the feelings of the past, and full of forebodings about the future.”
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Major, Andrew J. "State and Criminal Tribes in Colonial Punjab: Surveillance, Control and Reclamation of the ‘Dangerous Classes’." Modern Asian Studies 33, no. 3 (July 1999): 657–88. http://dx.doi.org/10.1017/s0026749x9900339x.
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It is not always remembered that under British rule some 150,000 Punjabis were notified under the Criminal Tribes Act as belonging to tribes and castes whose hereditary occupation was deemed to be crime. More than any other class these criminal tribes felt the harsh impact of the colonial state, which sought to control, punish and reform them. This paper traces the evolution of a Punjab criminal tribes policy and argues that the British—assisted by the indigenous elite—achieved only partial success in assimilating these people into the wider community by 1947.
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Harland, Christopher B., and Angela Woodward. "A Model Law: The Biological and Toxin Weapons Crimes Act: An Act to implement obligations under the 1972 Biological and Toxin Weapons Convention and the 1925 Geneva Protocol." International Review of the Red Cross 87, no. 859 (September 2005): 573–86. http://dx.doi.org/10.1017/s1816383100184395.
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Novick, Ben. "Postal censorship in Ireland, 1914–16." Irish Historical Studies 31, no. 123 (May 1999): 343–56. http://dx.doi.org/10.1017/s002112140001419x.
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When members of the Irish Volunteers shot dead a policeman and burst into the yard of Dublin Castle on 24 April 1916, Sir Matthew Nathan, the under-secretary, and Major Ivon H. Price, the head of military intelligence in Ireland, were upstairs in Nathan’s office discussing whether or not known agitators should be deported under the Defence of the Realm Act (DORA). This somewhat ironic scenario, which raises questions about the state of British intelligence in Ireland, has proved very attractive to historians working on this period. Some, such as Leon Ó Broin in his classics Dublin Castle and the 1916 rising: the story of Sir Matthew Nathan (1966) and The chief secretary: Augustine Birrell in Ireland (1969), have attempted to defend the actions of the civil government. Eunan O’Halpin, a more recent historian of political and military intelligence in Ireland, chooses to take the idea of British intelligence in Ireland as something of an oxymoron. Focusing on the fact that the Easter Rising was ‘permitted’ to occur, he lays the blame for such poor intelligence work on four factors: the political danger faced by British officials who risked alienating parliamentarians if they struck at advanced nationalists; legal difficulties in getting Irish juries to convict people for political crimes; failure of the intelligence branches of the Royal Irish Constabulary and Dublin Metropolitan Police to collect effective information from suspects; and finally, the personality of Augustine Birrell, who, as his wife slowly went insane and began to die of a brain tumour between 1912 and 1915, rather understandably lost interest in his official duties as chief secretary.
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Bell, Amy. "Crime Scene Photography in England, 1895–1960." Journal of British Studies 57, no. 1 (January 2018): 53–78. http://dx.doi.org/10.1017/jbr.2017.182.
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AbstractThis article discusses the development of techniques and practices of murder crime scene photography through four pairs of photographs taken in England between 1904 and 1958 and examines their “forensic aesthetic”: the visual combination of objective clues and of subjective aesthetic resonances. Crime scene photographs had legal status as evidence that had to be substantiated by a witness, and their purpose, as expressed in forensic textbooks and policing articles, was to provide a direct transfer of facts to the courtroom; yet their inferential visual nature made them allusive and evocative as well. Each of four pairs of photographs discussed reflects a significant period in the historical evolution of crime scene photography as well as an observable aesthetic influence: the earliest days of police photography and pictorialism; professionalization in the 1930s, documentary photography, and film noir; postwar photographic expansion to the suburban and middle class, advertising images of the family and home; and postwar elegiac landscape photography in the 1950s and compassion shown to infanticidal mothers. Crime scene photographs also demonstrate a remarkable shift in twentieth-century forensic technologies, and they reveal a collection of ordinary domestic and pastoral scenes at the moment when an act of violence made them extraordinary.
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M SRIASTUTI AGUSTINA. "TINJAUAN HUKUM TERHADAP PENERBITAN CEK KOSONG." Jurnal YUSTITIABELEN 7, no. 1 (July 19, 2021): 20–50. http://dx.doi.org/10.36563/yustitiabelen.v7i1.324.
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Abstrak
Permasalahan yang sangat penting khususnya dalam penerbitan cek kosong adalah apakah tindakan menerbitkan surat cek kosong merupakan delik atau bukan?Pada saat yang bagaimana tindakan menerbitkan surat cek kosong dapat dikatakan delik ?Sehingga perlu dilaksanakan tinjauan hokum terhadap penerbitan cek kosong yang bertujuan agar mengetahui apakah tindakan tersebut dapat dipidana atau cukup ganti rugi saja, untuk menentukan apakah perbuatan menerbitkan cek kosong merupakan delik atau bukan, maka perbuatan itu harus memenuhi unsur-unsur pidana, yang didalamnya terkandung unsur: penipuan/perkataan bohong atau niat yang tidak baik dari semula sehingga dapat dikenakan pidana yang diatur dalam pasal 378 Kitab Undang-Undang Hukum Pidana(KUHP) yang dikuatkan dengan Yurisprudensi MA RI No. 133 K/Kr/1973 dan Yurisprudensi MA RI No. 1036 K/Pid/1989 tanggal 31 Agustus 1992. Penerbit cek bisa terhindar dari tuduhan menerbitkan cek kosong sebagai perbuatan pidana karena setelah rekeningnya ditutup oleh pihak Bank barulah cek yang bertanggal mundur (post date check) yang melebihi tanggal penutupan rekening gironya, ditunjukkan ke Bank untuk dicairkan, maka dapat dikenakan tuntutan perdata seperti yang diatur dalam pasal 1365 Kitab Undang-Undang Hukum Perdata.
Kata Kunci :Tinjauan Hukum, Cek Kosong , Delik atau bukandelik
LEGAL REVIEW OF ISSUANCE OF BLANK CHECK
Abstract
A very important issue, especially in the issuance of blank checks, is whether the act of issuing a blank check is a crime or not? At what time can the act of issuing a blank check be considered a crime? So it is necessary to carry out a legal review of the issuance of a blank check with the aim of finding out whether the act is can be punished or just compensation, to determine whether the act of issuing a blank check is an offense or not, then the act must meet the criminal elements, which contain the following elements: fraud / false speech or bad intentions from the beginning so that it can be subject to criminal which is regulated in article 378 of the Criminal Code (KUHP) which is strengthened by the Supreme Court Jurisprudence No. 133 K/Kr/1973 and MA RI Jurisprudence No. 1036 K/Pid/1989 dated August 31, 1992. A check issuer can avoid being accused of issuing a blank check as a criminal act because after the account is closed by the Bank, a post date check that exceeds the closing date of the checking account is shown to the Bank. to be disbursed, it can be subject to civil claims as regulated in Article 1365 of the Civil Code.
Keywords: Legal Review, Blank Check, Offense or Non-Delict
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Sinnerbrink, Robert. "Re-enactment and Traumatic Memory: Cinematic Ethics in The Act of Killing and S21: The Khmer Rouge Killing Machine." Emotions: History, Culture, Society 5, no. 1 (July 13, 2021): 124–42. http://dx.doi.org/10.1163/2208522x-02010117.
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Abstract The Act of Killing (Oppenheimer, 2012) and its companion piece, The Look of Silence (2014), are powerful works of cinematic ethics. The former is a ‘perpetrator documentary’ that invites killers to make movie re-enactments of their crimes, the latter a case of ‘ethical witnessing’ in which a victim’s descendant questions his brother’s killer. In what follows, I explore The Act of Killing’s use of stylised re-enactments, using various movie genres as distancing and mediating devices, which enable the perpetrators to approach and expose their traumatic acts of violence. I contrast this with Rithy Panh’s perpetrator/witness documentary, S21: The Khmer Rouge Killing Machine (2003), focusing on the mass killings perpetrated by the Pol Pot regime (1975–1979), which uses both visual representations and a more direct, bodily performative mode of re-enactment, to represent and communicate traumatic memory. Both films examine a range of moral emotions, solicited through interview sequences and different modes of cinematic re-enactment. These strategies enable the perpetrators to expose their traumatic violence and, in some cases, acknowledge the suffering of their victims, but also allow the perpetrators to be questioned and held to account, staging an ethical encounter wherein the social recognition of traumatic memory of political violence might become possible.
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Davies, Mitchell. "Lawmakers, Law Lords and Legal Fault: Two Tales from the (Thames) River Bank: Sexual Offences Act 2003; R v G and Another." Journal of Criminal Law 68, no. 2 (March 2004): 130–49. http://dx.doi.org/10.1350/jcla.68.2.130.29118.
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This article examines the conflicting approaches of Parliament and the senior courts to the need for mens rea in relation to those offences which are seriously criminal in character. Prompted by the imminent enactment of the Sexual Offences Act 2003 and the recent decision of the House of Lords in R v G and Another, the conclusion is reached that whilst the senior courts have become ever more sensitive to the need for true mens rea to be insisted upon as a precursor to liability for any serious crime, Parliament, in enacting the Sexual Offences Act 2003, has shown itself, in this context at least, to have priorities of a very different order. In applying a purely subjective meaning to the term reckless it is argued however that their Lordships in G have gone too far and have made prosecutions under the Criminal Damage Act 1971 for unintentionally caused criminal damage potentially unwinnable as well as having thereby perpetuated the definitional plurality of this much litigated mens rea term. The reader is accordingly guided to the conclusion that G is far from being the last word on the meaning of recklessness in English criminal law.
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Davies, Mitchell. "Lawmakers, Law Lords and Legal Fault: Two Tales from the (Thames) River Bank: Sexual Offences Act 2003; R v G and Another." Police Journal: Theory, Practice and Principles 68, no. 2 (April 1995): 130–49. http://dx.doi.org/10.1177/0032258x9506800207.
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This article examines the conflicting approaches of Parliament and the senior courts to the need for mens rea in relation to those offences which are seriously criminal in character. Prompted by the imminent enactment of the Sexual Offences Act 2003 and the recent decision of the House of Lords in R v G and Another, the conclusion is reached that whilst the senior courts have become ever more sensitive to the need for true mens rea to be insisted upon as a precursor to liability for any serious crime, Parliament, in enacting the Sexual Offences Act 2003, has shown itself, in this context at least, to have priorities of a very different order. In applying a purely subjective meaning to the term reckless it is argued however that their Lordships in G have gone too far and have made prosecutions under the Criminal Damage Act 1971 for unintentionally caused criminal damage potentially unwinnable as well as having thereby perpetuated the definitional plurality of this much litigated mens rea term. The reader is accordingly guided to the conclusion that G is far from being the last word on the meaning of recklessness in English criminal law.
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Miers, David. "Compensating deserving victims of violent crime: the Criminal Injuries Compensation Scheme 2012." Legal Studies 34, no. 2 (June 2014): 242–78. http://dx.doi.org/10.1111/lest.12013.
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Following the enactment of the Criminal Injuries Compensation Act 1995, a new Criminal Injuries Compensation Scheme came into force, replacing the non-statutory version that was introduced in 1964. The statutory Scheme retained the occasions for compensation but broke the link with common law damages, providing instead for payments to be made on the basis of a tariff of injury awards. But it continued to make payments for loss of earnings, special expenses and additional compensation in fatal cases. Minor revisions were made in 2001 and 2008, but following the government's consultation, ‘Getting it Right for Victims and Witnesses’, a major revision took effect in November 2012. Made largely to reduce public expenditure, this revision substantially limits both the numbers of victims of violent crime to be compensated and the levels of their awards. While this marks a further shift away from the original common law model, the 2012 Scheme remains a unique taxpayer-funded response to victims of violent crime, again prompting the question: why, and to what, extent should the state make financial provision for victims of violent crime that goes beyond welfare? This paper analyses the implications of the government's answer for the Scheme's scope and implementation.
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Kanazawa, Reiko. "Disease in a Debt Crisis: Financing Global Health, Development and AIDS between WHO and World Bank, 1978–87." Medical History 64, no. 3 (June 24, 2020): 303–24. http://dx.doi.org/10.1017/mdh.2020.17.
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This article examines how international organisations with mandates in health and development interpret global economic crises and respond to disease. It contributes the perspective of World Bank to emerging scholarship on the various factors leading to the decline of the World Health Organization (WHO) and its Health for All (HFA) mission during structural adjustment. It does so by telling a story of collaboration and conflict between WHO and World Bank’s Population, Health and Nutrition (PHN) Department following the ambitious Alma Ata Declaration in 1978 until the initial global AIDS response. As debt crises emerged in Latin America in the early 1980s, WHO tried to find a way forward for HFA. However, the African crisis of 1985 fractured the international community’s support, causing WHO and PHN to dialogue more closely regarding health sector financing. As AIDS became a global crisis, this culminated in their 1987 joint research on the disease’s macroeconomic and demographic impact. However, observing WHO’s continued hesitance regarding financing and its decision to act as a donor gatekeeper, the Bank ultimately opted to work separately in AIDS. Thus, the themes of the Alma Ata versus Selective Primary Health Care debate of the late 1970s continued throughout the 1980s into the early years of the global AIDS response: a perennial conflict of financing within resource constraints and the appropriate role of donors in the grand project of health and development.
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Bazov, Oleksandr. "International legal foundations of responsibility for international crimes against cultural heritage in conditions of armed conflicts." Legal Ukraine, no. 8 (October 2, 2020): 67–72. http://dx.doi.org/10.37749/2308-9636-2020-8(212)-8.
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The article is devoted to the analysis of issues of international legal provision of responsibility for international crimes in the field of protection of cultural values. The main international legal acts and case law in this area are analyzed. Proposals for improving international and domestic legal acts are provided. According to the Universal Declaration of Human Rights, the ideal of a free human person free from fear and need can only be realized if conditions are created in which everyone can enjoy their economic, social, cultural and political rights. Understanding the systemic nature of these rights implies the creation of appropriate conditions for their implementation at both national and international levels, including in the field of judicial protection. As the realization of economic, social, political and cultural rights is complex, systemic, the issues of preservation and protection of cultural values have recently become especially important, as it applies not only to the state in which they are located, but also to all peoples of the world. Thus, the preservation and protection of cultural heritage sites, especially in armed conflicts, is a matter not only of an individual state, but of the entire international community. As you know, issues of protection of cultural values are constantly in the field of view of the international community. In particular, these issues were reflected in the Hague Conventions of 1899 and 1907, especially in the Hague Regulations of 1907. The most important international legal act on the preservation and treatment of cultural heritage sites in armed conflict is the Hague Convention of 14 May 1954 on the Protection of Cultural Property in the Event of Armed Conflict and its Additional Protocols of 1954 and 1999, respectively, which is perceived as a universally recognized universal set of norms in the field of protection of cultural values. Key words: international criminal court, cultural values, cultural heritage, international crimes.
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Basdeo, Vinesh. "The Constitutional Validity of Search and Seizure Powers in South African Criminal Procedure." Potchefstroom Electronic Law Journal/Potchefstroomse Elektroniese Regsblad 12, no. 4 (June 26, 2017): 301. http://dx.doi.org/10.17159/1727-3781/2009/v12i4a2747.
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An important part of crime investigation is the obtaining of evidence through the search and seizure of persons and things. The South African Constitution[1] recognises that state authorities should not be permitted untrammelled access to search and seize. It is a necessary incident to democracy that citizens must be protected from unjustified intrusions of privacy and property by agents of the state. Otherwise, arbitrary state actions could severely affect the personal freedom and associated fundamental rights that are intended to be a predominant feature of democratic society. In this article I consider whether or not certain provisions contained in the Criminal Procedure Act 51 of 1977 and the South African Police Service Act 68 of 1995 (hereafter the Criminal Procedure Act and the South African Police Service Act respectively) are in conflict with the Constitution. The provisions deal with search and seizure. I will also turn to the laws of foreign jurisdictions, specifically of the United States and Canada, for guidance and comparison. At the outset it should be pointed out that this article does not argue for the abolition of the search and seizure provisions contained in the Criminal Procedure Act and the South African Police Service Act. It is acknowledged albeit reluctantly, that there may still be a need for some of them. It is the investigative and enforcement measures provided for by these provisions, rather than the objectives, which are in issue here. It is submitted that there are search and seizure provisions contained in the Criminal Procedure Act and the South African Police Service Act, which are inconsistent with the spirit, purport and object of the Constitution.[1] Constitution of the Republic of South Africa 1996.
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Piñero, Verónica B. "The Semantics of Repression: Linking, Opposing, and Linking again Rehabilitation and Protection of Society." Revue générale de droit 36, no. 2 (October 27, 2014): 189–263. http://dx.doi.org/10.7202/1027109ar.
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Having explored the youth criminal legislation enacted by the Canadian federal government from the year 1857 to the year 2005, the author attempts to demonstrate that youth criminal intervention has moved from the notion of "child protection" to the notion of "protection of society." The significance of this theoretical shift is that, while the former sort of intervention is mostly concerned with the notions of "reintegration" and "inclusion", the latter is concerned with the notions of "deterrence" and "exclusion." For this study, the author first analyzes the societal factors that led Canadian parliamentarians to enact the Juvenile Delinquents Act (1908). In addition, she focuses on a specific amendment enacted in the year 1924 that "increased" the number of behaviors to be controlled through criminal law legislation. Second, the author discusses the circumstances that led parliamentarians to enact the Young Offenders Act (1982) and the Youth Criminal Justice Act (2002). Moreover, she examines an amendment enacted in the year 1995 that modified the declaration of principles of the Young Offenders Act by introducing the notion of "crime prevention." Finally, she analyzes a case law released in the year 2003 by the Quebec Court of Appeal, Québec v. Canada. This decision declared the unconstitutionality of some specific sections of Bill C-7 (current Youth Criminal Justice Act) that allow the disclosure of young offenders' private information and reverse the onus probandi for the imposition of adult sentences on young offenders. The position of the author is that, even though those sections can be unconstitutional, they are coherent with current theoretical trends in the area of youth criminal law intervention.
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Savitsky, Douglas. "Is plea bargaining a rational choice? Plea bargaining as an engine of racial stratification and overcrowding in the United States prison system." Rationality and Society 24, no. 2 (May 2012): 131–67. http://dx.doi.org/10.1177/1043463112441351.
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The United States incarcerates 1% of American adults. Incarceration rates have increased steadily since 1970 even while criminal activity has dropped. Additionally, while crime rates are relatively equal across races, the rate of incarceration for blacks has risen faster than for whites. This paper argues that plea bargaining, which accounts for 95% of criminal dispositions, is a major causal factor of high prison populations and high levels of racial stratification in prisons. This paper hypothesizes that by placing defendants in a multi-player Prisoner’s Dilemma, and by reducing transaction costs, plea bargaining allows prosecutors to act on a political will to incarcerate large numbers of people. Additionally, it hypothesizes that since black defendants are likely to have less faith in the criminal justice system than white defendants, this places them in a worse bargaining position, leading to systematically worse bargains. These differential bargains aggregate into a stratified prison population.
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Radler, Dana A. "Gaps, silences and witnesses: the quest for identity in Henriette Yvonne Stahl’s "My Brother, the Man"." Swedish Journal of Romanian Studies 1, no. 1 (May 20, 2018): 28–46. http://dx.doi.org/10.35824/sjrs.v1i1.17240.
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Evident from her first book Voica (1924), and up to her last novel Le Témoin de l’Eternité printed first in France in 1975 and translated into Romanian in 1995, Henriette Yvonne Stahl becomes from a promising writer a unique voice in the inter-war and post-war literary scene in Romania.
Starting from Rimbaud’s illuminating pensée “Love has to be reinvented” (Felman 2007: 213), this paper aims to explore the identity of protagonists in My Brother, the Man (Fratele meu omul, first published in1965), drawing on identity and trauma theory as developed by Penny Brown (1992), Cathy Caruth (1995; 1996), Shoshana Feldman (2007) and Dori Laub (1992; 1995). In addition, the mixture of memory and narrative analyses types of ‘talk fiction’ (Kakandes 2005), the shift of focus from the subject of remembrance to the mode in which it takes place (Whitehead 2009), and how narratives impact readers (Piątek 2014).
Both male and female characters in My Brother, The Man have clear dominant traits, so that their actions and inner voices are marked by abrupt shifts, meant to stimulate a noticeable response from those they love or dislike. Are the main characters engulfed in a dense life texture able to explore their personal dilemmas, difficult choices and detach themselves from the flux of their own passions and desires? Or are they going to fall victim to their own inability to understand life’s meaning, paralleled by a lack of vision and humanity as manifested by other characters? How do they act and react to the actions and emotions they experience? The present paper examines how memories, dilemmas and changes nuance a story moving from a classically-structured narrative to crime fiction, embedding numerous interior monologues and deep psychological impasses, the result being a female novel of self-development.
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Jacobi, Susanne. "The OSCE Court: An Overview." Leiden Journal of International Law 10, no. 2 (June 1997): 281–94. http://dx.doi.org/10.1017/s092215659700023x.
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The CSCE/OSCE is linked in public opinion to one of the following headings: Helsinki Final Act and Cold War; arms control and disarmament; crisis management and conflict prevention. This picture is not completely incorrect in that it indicates more than 20 years of CSCE/OSCE history. Being no more than a series of conferences from 1973 to 1990, the ‘old’ CSCE attempted to bridge East and West, and it mainly contributed to developing military aspects of security in Europe. Following the collapse of the former Eastern bloc, the ‘new’ CSCE, later renamed the OSCE, was called upon to assist in managing the epochal change involving the resurgence of regional crises, and it has been equipped with a fully developed organizational and instrumental structure to that end. The most prominent examples of CSCE/OSCE activity in the areas of conflict prevention, crisis management, and post-conflict peacebuilding, are places such as Bosnia and Herzegovina, Chechnya, or Albania.
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Krawatzek, Félix, and Gwendolyn Sasse. "The simultaneity of feeling German and being American: Analyzing 150 years of private migrant correspondence." Migration Studies 8, no. 2 (June 26, 2018): 161–88. http://dx.doi.org/10.1093/migration/mny014.
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AbstractAnalyzing the long-term dynamics of migrant integration is a significant challenge for researchers. This paper traces how ‘ordinary’ German-speaking migrants in the USA expressed their sense of participation and belonging throughout the 19th and early 20th centuries in the letters they wrote to their families ‘back home.’ We study a large collection of migrant letters written by German-speaking immigrants in the USA between 1830 and 1970 and analyze this new data with methods of computerized text analysis. The investigation shows how migrants continuously make and re-make identities within and across their heterogeneous migrant ‘groups.’ Our paper highlights the strong incentives for social and cultural integration in the absence of restrictive host state policies. We also show that political events and crises affecting both the country of origin and the destination country act as a catalyst in redefining, at least temporarily, parts of the migrant identities in relation to both the sending and host states.
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Czerwonnaja, Swietlana. "Tatarzy Krymscy - naród czy mniejszość etniczna: w poszukiwaniu nowej drogi odrodzenia narodowego." Sprawy Narodowościowe, no. 47 (January 29, 2016): 191–206. http://dx.doi.org/10.11649/sn.2015.060.
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The Crimean tatars – a nation or an ethnic minority: in search for a new way of national revivalThe Russian Empire, increasing its aggressive expansion to all sites of the world, conquered the Crimean Khanate in 1783. This Khanate was the only one of its kind link connecting the European (Christian) and Asian (Islamic) civilizations. It was the state of high multilateral culture with strong – in the beginning of the New Times – secularism trends and democratic bases of social and political life (there was no serfdom, the equality of rights existed on the high level, tolerance with regard to religious and ethnic communities dominated, and these communities-minorities co-existed and developed on the Peninsula – in the Tatar Crimea – in the peace). Within the framework of the Crimean Khanate the process of ethnic genesis of the Crimean-Tatar people as an ethnic-cultural subject was completed, although many differences of tribal origin and regional character remained within this unity and expressed in the heterogeneity of the anthropologic types, of every-day life’s tradition and of dialects spread between the Tatars living in the North Crimean steppe, in the Mountains (highland) and on the South Coast of the Peninsula. That ethnic community (Crimean Tatars) was a nation in the modern meaning of this word, it had its own state, intellectual elite, high organization and culture. The destruction of this state-nation by the Russian Empire and the systematic genocide if the Crimean Tatars during next two centuries, reached its culmination in the act of the total deportation on May 18th 1944, are the treasons and international-large crimes. The annexation of the Crimea by the Russian Federation on March 2014 (its tearing away from the Ukrainian state and military occupation) means the continuation of this felonious policy, which the Crimean Tatars resist, displaying bravery in the very difficult condition. Tatarzy Krymscy - naród czy mniejszość etniczna: w poszukiwaniu nowej drogi odrodzenia narodowegoW 1783 roku imperium rosyjskie, którego agresywna ekspansja gwałtownie wrastała, zaanektowało Chaństwo Krymskie, które było jedynym w swoim rodzaju ogniwem łączącym cywilizacje europejską (chrześcijańską) i azjatycką (islamską), państwem o wysokiej kulturze z mocnymi trendami sekularyzacji i demokratycznymi podstawami (nie było tutaj ustroju pańszczyźnianego, na wysokim poziomie znajdowało się społeczne równouprawnienie, panowała tolerancja wobec różnych wspólnot religijnych i etnicznych, które w pokojowy sposób współistniały i rozwijały się na tatarskim Krymie). W ramach tego państwa dobiegł końca wielowiekowy proces etnogenezy narodu krymsko-tatarskiego, jako całokształtu etniczno-kulturowego (chociaż wewnątrz tej jednolitej wspólnoty długi czas zachowały się rozróżnienia plemienne i regionalne, co przejawiało się w różnorakości typów antropologicznych, tradycji życia codziennego, w dialektach międzystepowych zamieszkałych w górach (górskimi) i na południowym wybrzeżu Półwyspu (południowo-nadbrzeżnymi) Tatarów). Ta wspólnota była narodem (we współczesnym znaczeniu tego pojęcia), posiadającym własne państwo i wysoką kulturę, Zniszczenie tego państwa-narodu przez imperium rosyjskie i systematyczne ludobójstwo Tatarów krymskich, które osiągnęło szczyt w akcji totalnej deportacji 18 maja 1944 roku, pozostaje przestępstwem na skalę międzynarodową. Kontynuacją tej przestępczej polityki jest dokonana w marcu 2014 roku powtórna aneksja Krymu, wobec której Tatarzy krymscy stawiają stanowczy opór.
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Moyle, Leah, and Ross Coomber. "Bourdieu on supply: Utilizing the ‘theory of practice’ to understand complexity and culpability in heroin and crack cocaine user-dealing." European Journal of Criminology 14, no. 3 (June 2, 2016): 309–28. http://dx.doi.org/10.1177/1477370816652916.
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The act of user-dealing has largely been explored within criminology in conjunction with the ‘drug–crime’ link or with a focus on ethnography and subculture. Whereas it is known that many users of drugs such as heroin and crack cocaine engage in small-scale supply as a way of generating revenue, less is known about the particular interplay of social context and choice that leads them to pick this income-generating activity over other potential options. Contributing to a burgeoning literature, this article explores the constrained choices of user-dealers with reference to Bourdieu’s ‘theory of practice’ (1977). Through locating stories of failure in user-dealer narratives, we utilize this novel approach in criminology, illuminating the importance of working with all of the interrelated concepts of habitus, field and capital in appreciating user-dealing as ‘practice’. It is argued that application of this framework affords the previously unharnessed opportunity to use Bourdieusian theory to understand notions of culpability when sentencing this group.
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Kim, Mimi E. "The Carceral Creep: Gender-Based Violence, Race, and the Expansion of the Punitive State, 1973–1983." Social Problems 67, no. 2 (May 29, 2019): 251–69. http://dx.doi.org/10.1093/socpro/spz013.
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Abstract The development of the feminist anti-domestic violence movement in the United States illustrates the trajectory from a social movement field devoid of carceral involvement to one fully occupied by the agents of crime control. Countering a narrative that often begins with the Violence against Women Act of 1994, this study demonstrates how the roots of carceral feminism extend back to the movement’s first decade from 1973 to 1983. This study analyzes data from 60 social movement leaders. The pluralist coalition resulting from a successful lawsuit against the Oakland Police Department, the creation of the victim witness program in San Francisco, and the development of the Community Coordinated Response in Duluth, Minnesota, represent mechanisms of engagement with law enforcement tied to innovative organizational forms. The process called the “carceral creep” describes how early social movement successes against an initially unresponsive criminal justice system evolved into collaborative relationships that altered the autonomy and constitution of initial social movement organizations. The creation of new organizational forms and their replication contributed to today’s carceral feminism. These developments were accompanied by persisting gender, race, and class tropes used to justify pro-criminalization strategies and obfuscate impacts on marginalized communities.
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Hansen, Per H. "Making Sense of Financial Crisis and Scandal: A Danish Bank Failure in the First Era of Finance Capitalism." Enterprise & Society 13, no. 3 (September 2012): 672–706. http://dx.doi.org/10.1017/s1467222700010892.
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In this paper I discuss a dramatic financial collapse and scandal in Denmark in the interwar period. I analyze the asset price bubble from 1914 to 1920 and the subsequent failure in 1922 of Scandinavia's largest bank, the Danish Landmandsbanken, as well as the downfall of its CEO Emil Glückstadt. I discuss the sense-making process, first during the bubble and then following Landmandsbanken's collapse and Glückstadt's fall from power in 1922, and finally until the introduction of a new bank act in 1930. I further argue that such crises and scandals force contemporaries to make sense of the dramatic fall from the top of society of these icons and of their role in the collapse of their banks. I view the sense-making process as centered on the construction of narratives that explain the crisis and enable or constrain institutional response to the crisis. To conclude, I argue that the process of sense-making in the case of Landmandsbanken can be generalized as the way in which society enforces norms and values in cases of dramatic financial crisis and scandal.
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Kochoi, Samvel, and Ameen Hasan. "Countering Terrorism in Iraq: Law and Practice." Всероссийский криминологический журнал 13, no. 1 (February 26, 2019): 94–102. http://dx.doi.org/10.17150/2500-4255.2019.13(1).94-102.
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After several years of fighting the international terrorist organization «Islamic State», the anti-terrorist coalitions headed by the Russian Federation and the USA managed to tip the scale in their favor in 2017. There is extensive research on how different countries counteract this most well-known of all modern international terrorist organizations. However, as Western criminologists note (Alex Braithwaite, Shane D. Johnson), there are very few empirical works that study the causes of decline and growth of terrorist activities as well as the emergence and disappearance of hot spots in Iraq itself during the American military campaign. On the whole, the overview of publications has revealed (Gary LaFree, Joshua D. Freilich) that out of over than 20 thousand articles on terrorism published between 1971 and 2004, only seven were devoted to empirical (criminological) research, while others dealt with the psychology of terrorism. The situation started to change in recent years and a large number of empirical (criminological and criminal law) studies of terrorism has been published, which is connected with the growing financial support of such research by national research foundations and state departments (for example, the Department of Homeland Security and the Department of Defense in the USA). Thus, about 100 books devoted to such studies have been annually published in the USA in the last decade. As for Russian criminal law policy, this article is one of the few devoted to countering terrorism in the motherland of «Islamic State» – in Iraq. The authors analyze Iraqi anti-terrorism legislation, in particular, Law № 13 of 2005, draw attention to an excessively wide definition of terrorism that it contains, conclude that its clause of analogy is incompatible with the principle of legality and argue that this normative act is one of the most drastic anti-terrorism laws in the world. The authors believe that an important direction in fighting terrorism is the decision of Iraqi authorities to establish a special tribunal for terrorist crimes, such as genocide against the Yazidis, and criminal prosecution of perpetrators who are outside Iraq, including those in Russian territory. They prove that the terrorist crimes against «infidels», qualified by many specialists and international organizations as crimes against peace and humanity, should mainly be the subject of proceedings in an independent court body of the international community.
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Knapp, Gunnar, and Thomas A. Morehouse. "Alaska's North Slope Borough revisited." Polar Record 27, no. 163 (October 1991): 303–12. http://dx.doi.org/10.1017/s0032247400013061.
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AbstractAlaska's North Slope Borough, established in 1972, is a unique institution of Native-controlled local government in the north. Providing a case study of Native self-determination under favourable conditions of indigenous, local control of resource wealth and political power, it has been the instrument by which local Inupiat capturedand used oil wealth, with clear economic and political benefits. They have gained high levels of local public services, jobs, and incomes; and effective representation in negotiations with external corporate and government authorities; the borough has also preserved and adapted critical elements of traditional culture. Costs of development and changeunder borough leadership have included waste and inefficiency, crime and corruption. Centralized power in borough headquarters has reduced the independence of borough villages and encouraged borough citizens to act like clients and consumers. Borough economy remains dependent on uncertain tax revenues from oil, with uncertain future employment opportunities for a rapidly growing Native population. North Slope Borough government has provided the Inupiat with means to greater political self-sufficiency, and the borough has responded effectively, under great pressure, to the opportunities and problems that petroleum development has brought to the region.
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Witwer, David. "The Racketeer Menace and Antiunionism in the Mid-Twentieth Century US." International Labor and Working-Class History 74, no. 1 (2008): 124–47. http://dx.doi.org/10.1017/s0147547908000215.
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AbstractIn the postwar era, conservatives manipulated concerns about union corruption and organized crime in order to score political points against New Deal Democrats and to win new legal restrictions on union power. The resulting racketeer menace had much in common with the contemporary red scare. Antiunion conservatives framed the issue of labor racketeering in terms that resembled the language then being mobilized against internal communist espionage and subversion. This rhetoric proliferated in the congressional debates of the postwar era. Proponents of the Taft-Hartley Act invoked the racketeer menace in 1946 and 1947. They depicted the law as an effort to curb racketeering and thus protect workers and the general public by restricting abusive union power. In the years that followed, a series of congressional hearings into union corruption kept attention focused on the issue of racketeering. For the Eisenhower Administration this campaign against labor racketeering offered a chance to peel the working-class vote away from the Democratic Party by politically dividing union members from their leadership. The culmination of this trend came at the end of the 1950s during the McClellan Committee hearings, which was the largest congressional investigation up to that time. Those hearings transformed Teamsters President James R. Hoffa into a potent symbol of the danger posed by labor racketeering. The committee's revelations and the publicity they received undercut the labor movement. Polls showed growing public skepticism toward unions, and especially union leaders. Such attitudes helped conservatives win a new round of legislative restrictions on organized labor in the form of the Landrum-Griffin Act (1959).
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Lum, Grande. "The Community Relations Service's Work in Preventing and Responding to Unfounded Racially and Religiously Motivated Violence after 9/11." Texas A&M Journal of Property Law 5, no. 2 (December 2018): 139–55. http://dx.doi.org/10.37419/jpl.v5.i2.2.
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On the morning of September 11, 2001, New York City-based Community Relations Service (“CRS”) Regional Director Reinaldo Rivera was at a New Jersey summit on racial profiling. At 8:46 a.m., an American Airlines 767 crashed into the North Tower of New York City’s World Trade Center. Because Rivera was with the New Jersey state attorney general, he quickly learned of the attack. Rivera immediately called his staff members, who at that moment were traveling to Long Island, New York, for an unrelated case. Getting into Manhattan had already become difficult, so Rivera instructed his conciliators to remain on standby. At 9:03 a.m., another 767, United Airlines Flight 175, flew into the World Trade Center’s South Tower. September 11 initiated a new, fraught-filled era for the United States. For CRS, an agency within the United States Department of Justice, it was the beginning of a long-term immersion into conflict issues that involved discrimination and violence against those whose appearance led them to be targets of anti-terrorist hysteria or mis- placed backlash. Appropriately, in the days following 9/11, the federal government, including the Federal Bureau of Investigation (“FBI”), concentrated on ferreting out the culprits of the heinous acts. However, the FBI discovered that Middle Eastern terrorists were responsible for the tragedies, and communities around the nation saw a surge of violence against people who appeared to be of Middle Eastern descent, requiring a response to protect those who were unfairly targeted. These outbreaks began as soon as September 12. Police in Illinois stopped 300 people from marching on a Chicago-area mosque. In Gary, Indiana, a masked gunman shot twenty-one times at a Yemeni- American gas station attendant. In Texas, a mosque was hit by six bullets. On September 15, a man who had been reported by an Applebee’s waiter as saying that he wanted to “shoot some rag heads” shot a Chevron gas station owner Balbir Singh Sodhi, a Sikh-American. The man, Frank Roque, shot through his car window, and five bullets hit Sodhi, killing him instantly. Roque drove to a home he previously owned and had sold to an Afghan-American couple and fired on it. He then shot a Lebanese-American man. According to a police report, Roque said in reference to the 9/11 tragedy, “I [cannot] take this anymore. They killed my brothers and sisters.” Former Transportation Secretary Norman Mineta said, reflecting ten years later on the hate crimes that followed the attack on the World Trade Center, “The tragedy of September 11th should be remembered in the sense of making sure that we [do not] let our emotions run away in terms of trying to show our commitment and conviction about patriotism [and] loyalty.” The events created a new chapter in American race relations, one in which racial tensions and fear were higher than ever for Arabs, Muslims, South Asians, Sikhs, and others who could be targeted in anti-Islamic hysteria because of their physical appearance or dress. In 2011, a CBS–New York Times poll found that 78% agreed that Muslims, Arab-Americans, and immigrants from the Middle East are singled out unfairly by people in this country. Shortly after the September 11 attacks, this number stood at 90%. The same poll also found that one in three Americans think Muslim-Americans are more sympathetic to terrorists than other Americans. To address these misconceptions in the years following 9/11, CRS has done a significant amount of outreach, dispute resolution, and training to mitigate unfounded backlash against Arabs, Muslims, and Sikhs. Under CRS Director Freeman, the agency produced Sikh and Muslim cultural-competency trainings and two training videos: On Common Ground, which provides background on Sikhism and concerns about safety held by Sikhs in America; and The First Three to Five Seconds, which provides background on Muslims and information on their interactions with law enforcement. In 2009, President Obamas signed the Matthew Shepard-James Byrd Junior Hate Crimes Prevention Act. The Act explicitly gave CRS jurisdiction to respond to and prevent hate crimes. For the first time, CRS jurisdiction expanded beyond race. Specifically, CRS was now authorized to work on issues of religion, gender, sexual orientation, gender identity, and disability in addition to race, color, and national origin. When I became CRS Director in 2012, following the continued incidents of unfounded violence and prejudice against those perceived as sharing heritage with Middle Eastern terrorists, I directed the agency to update the trainings and launched an initiative for regional offices to conduct these Sikh and Muslim cultural-competency trainings. In the years following 9/11, controversy has continued over racial profiling of Arab, Muslim, and Sikh individuals. Owing to the nature of the attack, one particular area of ongoing concern is access to airplane flights. Director of Transportation Mineta recalled how the racial profiling he witnessed echoed his own experience as a Japanese-American citizen: [T]here were a lot of people saying, “[We are] not [going to] let Middle Easterners or Muslims on the planes.” And I thought about my own experience [during World War II] because people [could not] make the distinction between the people who were flying the airplanes that attacked Pearl Harbor and the people who were living in Washington, Oregon, and California, who looked like the people flying the airplanes. In response to this problem, CRS trained thousands of law enforcement and Transit Security Association employees on cultural professionalism in working with Arab, Muslim, and Sikh individuals. The work of addressing the profiling and mistreatment of Arab-Americans, Muslims, and Sikhs also spiked after the 2013 bombing of the Boston Marathon. CRS conciliators again reached out to leaders throughout the country at mosques and gurdwaras to confront safety and security issues regarding houses of worship and concerns about backlash violence based on faith, nationality, and race. Since 9/11, CRS’s work on racial profiling continues to respond to increasing conflicts and tensions both within the United States and around the globe. In the wake of the 9/11 tragedy, CRS adjusted its priorities and reallocated resources in the wake of the September 11 tragedy to address the needs of targeted communities and further intercultural understanding. CRS did so by increasing the religious awareness training provided to law enforcement and other agencies, and it committed more resources to working with Muslim and Sikh faith and advocacy organizations and people. This work was not originally envisioned when the 1964 Civil Rights Act created CRS. How- ever, this new focus reflects how the model of the African-American civil rights movement has inspired other efforts to attain equality and justice for minority groups in the United States. Just as the tragedy in Selma helped lead to the passage of the 1965 Voting Rights Act, the Oak Creek tragedy helped lead the FBI to update its hate crime categories. Former FBI Director James Comey articulated this idea best in his speech to the Anti-Defamation League, stating “do a better job of tracking and reporting hate crime to fully understand what is happening in our communities and how to stop it.” The Community Relations Service has evolved over time since its 1964 origins, and a substantial component has been the work in response to post 9/11 unfounded racial and religious violence.
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Mugarura, Norman. "Customer due diligence (CDD) mandate and the propensity of its application as a global AML paradigm." Journal of Money Laundering Control 17, no. 1 (January 7, 2014): 76–95. http://dx.doi.org/10.1108/jmlc-07-2013-0024.
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Purpose – It has become customary for states or regulatory domains to come together and evolve normative regimes to deal with overlapping exigencies such as money laundering. Over the past two decades, there has been a proliferation of global AML laws designed to foster international cooperation against money laundering and its predicate crimes. In this same vein, some states have adopted domestic AML laws designed with an ethos of extra-territorial dimension as a caution against the threats posed by money laundering crimes. The paper aims to critically examine CDD to tease out the possibility of harnessing it as a global AML paradigm. Design/methodology/approach – The paper was written by critically examining primary and secondary data sources. In terms of primary data, the author has studied the relevant provision of different AML legislation such as BSA (1970), MLCA (1986), and PATRIOT (2001) Act in the USA; and FSMA (2000) and POCA (2002) in the UK. The author then evaluated these data in the context of the challenges of harnessing CDD across countries. In terms of secondary data sources, the author utilised data in academic text books, journal papers, electronic sources (web sites of AML agencies), and policy and research papers from specialist institutions such as FATF. Findings – The findings corroborate the thesis that much as CDD is an important AML measure, it needs to be streamlined and implemented with care to apply across the board. Research limitations/implications – The paper was written largely by way of library-based research. The author did not carry out interviews to corroborate some of the secondary data sources used in writing it. Carrying out interviews would have helped to minimise the potential for bias secondary data sources used was generated. Practical implications – It is anticipated that this paper can be utilised to foster desired strategic and policy changes at a multiple institutional levels. Originality/value – The paper is one of its kind to be written in its context. It will therefore make a viable contribution to the study of money counter-measures and how they are harnessed globally. It is therefore a must read!