Journal articles on the topic 'Firearms Law and legislation Victoria'
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1
Mauser, G. A., and M. Margolis. "The Politics of Gun Control: Comparing Canadian and American Patterns." Environment and Planning C: Government and Policy 10, no. 2 (June 1992): 189–209. http://dx.doi.org/10.1068/c100189.
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In this paper two questions are asked: To what extent do the Canadian and US publics differ in their beliefs about firearms-control legislation, and to what extent do these differences help to account for the stricter firearms legislation found in Canada? Surveys indicate that Canadians and Americans have remarkably similar attitudes towards firearms and gun control. Linear regression is used to analyze the factors that underlie the popular support for (or opposition to) stricter gun-control legislation. It is found that, with respect to support for gun control, cultural differences between Canadians and Americans are overshadowed by socioeconomic variables, such as gender and gun ownership. The similarities in public attitudes between Canadians and Americans suggest that the explanation for stricter firearms legislation in Canada lies more with the differences in political elites and institutions than with differences in public opinion. The differences in public attitudes in the two countries are insufficient to explain the stark contrast in firearms legislation.
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Ponikarov, Vladimir A. "Criminal-Legal and Penal Enforcement Regulation of the Use of Firearms by Employees of the Penitentiary System of Russia." Penitentiary science 15, no. 1 (March 31, 2021): 171–75. http://dx.doi.org/10.46741/2686-9764-2021-15-1-171-175.
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Introduction: the paper investigates criminal and penal enforcement inconsistencies in the legislative regulation on the use of firearms by the staff of the penal system in their official activities. Legal details consist in the fact that we put forward scientifically substantiated proposals to reform criminal-legal and penal enforcement aspects associated with the use of firearms by employees (guns, submachine guns, rifles, which are operated by the Federal Penitentiary Service of Russia). We analyze Article 86 of the Criminal Code of the Russian Federation, which establishes relevant security measures. We also consider the practice of foreign countries related to this problem. Aim: to investigate the criminal-legal and penal enforcement aspects related to the use of firearms by staff of the penal system for example, in relation to convicts. Methods: we use dialectical method as methodological and theoretical basis for the study, and deductive method to analyze the norms of the Criminal Code of the Russian Federation regarding the use of firearms. We also use systematized methods to study articles of the Criminal Code and the Penal Enforcement Code. They help to classify the legal facts that establish the legal right of staff to use firearms. We use empirical methods of mastering in order to improve penal officers’ performance in the use of firearms. The article presents the results of a survey of 318 employees. Results: we have investigated the essence of criminal-legal relations in terms of the use of firearms by employees of the penal system; we have also studied the practice of implementing the norms concerning the use of firearms by law enforcement officers; we propose a theoretical model for improving criminal legislation related to the use of firearms In addition, we provide scientifically substantiated ideas and empirical studies aimed at improving criminal and penal enforcement legislation on the use of firearms. Research findings of our paper include new ideas concerning the use of firearms within the boundaries of criminal and penal enforcement legislation (we suggest that the foundations associated with the use of firearms should be contained in the Criminal Code of the Russian Federation). Key words: criminal legislation; penal enforcement legislation; use of firearms; legal facts; legal relations; security measures; Federal Penitentiary Service of Russia; penal enforcement system.
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Danуlevskyі, Andrіy. "FULFILLMENT OF UKRAINE'S INTERNATIONAL LEGAL OBLIGATIONS IN THE FIELD OF CRIMINALIZATION OF ILLEGAL TREATMENT OF FIREARMS IN THE CONTEXT OF REFORMING CRIMINAL LEGISLATION." Law Journal of Donbass 76, no. 3 (2021): 108–14. http://dx.doi.org/10.32366/2523-4269-2021-76-3-108-114.
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The article analyzes the compliance of the current criminal legislation of Ukraine with the provisions of international regulations in the field of illicit handling of firearms, in particular the Protocol against the Illicit Manufacturing of and Trafficking in Firearms, Their Components and Ammunition, as amended by the UN Convention against transnational organized crime. Based on the analysis, it is concluded that the current criminal legislation of Ukraine does not fully comply with the provisions of these acts and needs to be amended. In particular, it is pointed out that criminal acts involving illegal handling of smooth-bore hunting weapons, criminalization of illegal handling of the main parts of firearms, etc. are referred to as criminal offenses. It is noted that in terms of its properties and level of public danger, smooth-bore hunting weapons are not inferior to rifles, and the lack of criminal liability for illegal handling of such weapons is a tribute to the times when it was in free circulation.Attention is drawn to the fact that international law requires the criminalization of illicit trafficking in firearms components, but national law provides for criminal liability only for the smuggling of firearms. It is expedient to criminalize the circulation of only the main parts of firearms, as they are necessary for its operation, handling of non-essential parts that are designed to improve the appearance of firearms, their ergonomics, comfort, adaptation to anatomical features of the owner, adaptation to certain tasks. does not pose a significant public danger, and therefore does not require criminalization. It is believed that the objective aspect of the criminal offense under Article 263-1 of the Criminal Code of Ukraine does not cover the destruction of firearms markings, as required by international law, although such an act is socially dangerous because it does not allow the identification of weapons. It is concluded that in order to bring the national legislation in line with the said protocol, it is necessary to: criminalize the illegal handling of smooth-bore hunting weapons, the main parts of firearms; to envisage as a separate act in Article 263-1 of the Criminal Code of Ukraine the destruction of the marking of firearms.
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Fine, J. David. "Issues in firearms control: a critique of the 1985 New South Wales legislation." Australian & New Zealand Journal of Criminology 18, no. 4 (December 1985): 257–71. http://dx.doi.org/10.1177/000486588501800406.
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New South Wales recently has adopted significant amendments to its firearms control laws. In so doing it has evinced certain fundamental policy choices. These relate to matters including gun registration and the licensing of gun owners; controls on ammunition; the appropriate locus of discretion in firearms control matters; the appropriate controls for especially dangerous types of firearms; the situation of primary producers; reciprocity in firearms licensing within Australia; and the collection of historically significant firearms. This article identifies the policy preferences implicit in the 1985 New South Wales law. It then proceeds to critique these policy decisions with reference to patterns of law (present and emerging) in the country's other jurisdictions, and the relevant secondary literature in the field. While concluding that the newly amended New South Wales legislation remains “functional and purposive”, on the whole, the article ends with a problematic for the future. VII. And be it further enacted, That every person who shall be found with any fire-arms, or other instruments of a violent nature, in his possession, and shall not prove to the satisfaction of the Justices of the Peace as aforesaid, that the same was or were not intended to be illegally used, as hereinbefore is provided, shall be deemed to be guilty of a high misdemeanour, …A
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Alimov, A. А., and S. A. Yunusov. "The right of Police officers and the Criminal-executive system to use firearms: some issues of theory and practice." Law Нerald of Dagestan State University 39, no. 3 (2021): 136–43. http://dx.doi.org/10.21779/2224-0241-2021-39-3-136-143.
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The article is devoted to the analysis of the Federal Law «On the Police» and the law of the Russian Federation «On Institutions and Bodies Executing Criminal Sentences in the Form of Imprisonment», which empowers the police and the penal system with the right to use firearms. Possible problems of the implementation of the provisions of the legislation are identified, specific measures are proposed to improve the efficiency of legal regulation of the use of firearms by police officers and the penal system
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Serhieieva, Diana, Maryna Kulyk, Polina Antoniuk, Sergii Marko, and Nataliia Isagova. "Firearms as a means of committing criminal offenses." Cuestiones Políticas 40, no. 74 (October 25, 2022): 148–59. http://dx.doi.org/10.46398/cuestpol.4074.07.
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The article analyzes the current legislation on weapons and the opinion of scientists on firearms, ammunition, explosives or explosive devices. The fundamental importance of firearms in the forensic characterization of crimes is emphasized. It is noted that firearms are goods subject to a special regime of regulation, which can be carried out only by the Law of Ukraine. It is a particular type of weapon intended for attack, defense or sound signals, which is set off by the energy of gunpowder combustion gas. The authors’ definition of firearms is given and the characteristic features of ammunition, explosives and explosive devices are highlighted. It is concluded that, for the purpose of legislative regulation of relations arising during the circulation of civilian firearms, as well as similar to weapons and ammunition products, in particular, to avoid free interpretation of the assessment of the actions of a person involved in crimes with the use of weapons, the development of a corresponding law comprehensively regulating this criminal methery is needed.
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Ptaschenko, D. "CRIMINAL AND LEGAL CHARACTERISTICS OF THE APPLICATION OF FIREARMS BY CIVILIAN PERSONS DURING MARTIAL LAW." Bulletin of Taras Shevchenko National University of Kyiv. Legal Studie, no. 121 (2022): 69–73. http://dx.doi.org/10.17721/1728-2195/2022/2.121-12.
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In the article the problems of criminal-legal qualification of the use of firearms by civilians during martial law have been studied. It is concluded that the normative regulation of the use of firearms by civilians in the participation in repulse and deterrence of armed aggression has a number of problematic aspects of both of technical as well as legal and substantive nature, including those of legal liability for criminal offenses that directly correspond to the use weapons (primarily the legal composition of the crime, the specific part of which is provided for in Part 1 of Article 263 of the Criminal Code of Ukraine). It has been concluded that it is expedient to clarify the regulatory legislation regarding the use of firearms, namely: to supplement the provisions on the forms of acts provided for in Part 1 of Article 263 of the Criminal Code of Ukraine. Prior to the proposed legislative changes, the criminal law assessment of the legality of acts that do not fall under the term "use of firearms" should be decided in the context of the provisions of the Procedure for obtaining firearms and ammunition by civilians involved in repelling and deterring armed aggression of Russian Federation and / or another state, approved by the Order of the Ministry of Internal Affairs of Ukraine of March 7, 2022 № 175 (hereinafter – Procedure № 175) and Section VIII "Circumstances precluding criminal illegality of the Criminal Code of Ukraine" of the Criminal Code of Ukraine 1 of the Criminal Code of Ukraine). Keywords: martial law, use of firearms, obtaining firearms, handling of weapons, ammunition.
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Bienert, Anja. "Action, Not Just Words: The Practical Implications of Human Rights Law for the Use of Force and Firearms by Law Enforcement Officials." Security and Human Rights 27, no. 1-2 (July 13, 2016): 200–220. http://dx.doi.org/10.1163/18750230-02701002.
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The author discusses the areas to be addressed if international human rights rules and standards applicable to the use of force and firearms are not to remain merely a theoretical concept, but are to be implemented in daily policing practice. These areas are the domestic legislation that must be formulated in conformity with international human rights law and the operational framework to be established by the command leadership of a law enforcement agency, including: operational policies and instructions for the use of force and firearms; the appropriate choice for equipment and weapons including instructions as to their use; practical scenario-based training of law enforcement officials that must seek to develop the skills and competencies required for daily policing work; and an effective system of accountability, in particular for unlawful use of force.
9
Kapusta, Nestor D., Elmar Etzersdorfer, Christoph Krall, and Gernot Sonneck. "Firearm legislation reform in the European Union: impact on firearm availability, firearm suicide and homicide rates in Austria." British Journal of Psychiatry 191, no. 3 (September 2007): 253–57. http://dx.doi.org/10.1192/bjp.bp.106.032862.
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BackgroundThe availability of firearms in homes and at aggregate levels is a risk factor for suicide and homicide. One method of reducing access to suicidal means is the restriction of firearm availability through more stringent legislation.AimsTo evaluate the impact of firearm legislation reform on firearm suicides and homicides as well as on the availability of firearms in Austria.MethodOfficial statistics on suicides, firearm homicides and firearm licences issued from 1985 to 2005 were examined. To assess the effect of the new firearm law, enacted in 1997, linear regression and Poisson regressions were performed using data from before and after the law reform.ResultsThe rate of firearm suicides among some age groups, percentage of firearm suicides, as well as the rate of firearm homicides and the rate of firearm licences, significantly decreased after a more stringent firearm law had been implemented.ConclusionsOur findings provide evidence that the introduction of restrictive firearm legislation effectively reduced the rates of firearm suicide and homicide. The decline in firearm-related deaths seems to have been mediated by the legal restriction of firearm availability. Restrictive firearm legislation should be an integral part of national suicide prevention programmes in countries with high firearm suicide rates.
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Prindani, Tubagus Ami, Imam Subandi, Marthinus Hukom, and Fayreizha Destika Putri. "HUMAN RIGHTS AND LAW ENFORCEMENT: THE USE OF FORCE IN COUNTER TERRORISM." Diponegoro Law Review 5, no. 1 (April 30, 2020): 124–39. http://dx.doi.org/10.14710/dilrev.5.1.2020.124-139.
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This paper aims at discussing the legal as well as the human rights impact on the use of force and firearms by law enforcement officers in the event of counter terrorism, case study of the Indonesian National Police Counter Terrorism Special Detachment 88 CT (Densus 88 AT Polri). The discussion focuses on the nature of the use of force as well as the use of lethal firearms by law enforcement officers made possible by international legislation and provisions on human rights. Is it possible that the use of force and lethal weapons is still in line with respecting and upholding human rights? How does the state's accountability in the event of use a force by law enforcement officers? How is the validity of the use of deadly forces in the event of arrest or raids conducted by police? Is it true that human rights are always contrary to police duties?
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ADEKOLA Nurudeen Olanrewaju, ZAMANI Andrew, Shittu Hakeem Babatunde, CHONGS Wan Mantu, and ADAMA Ahmed Mohammed. "Influence of weak legislation and non-state armed actors on arms proliferation: Evidence from terrorism in Nigeria." World Journal of Advanced Research and Reviews 16, no. 1 (October 30, 2022): 613–21. http://dx.doi.org/10.30574/wjarr.2022.16.1.1059.
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With an aggressive illicit transnational trade along a vastly porous borderline in the North East region of Nigeria, a country not at war but highly militarized with overstretched security agencies, an outdated over six decades Firearms law and a vulnerable civilian populace seeking firearms in self-protection or otherwise; are all the tones needed for proliferations of small arms and Light weapons. It was against this background that this study leverages on State fragility theory to investigate the influence of weak legislation and prevalence of armed non state actors on arms proliferation and terrorism in Nigeria. The study engaged weak legislation and civilian acquisitions of arms to measure influence of proliferation of small arms and light weapon on terrorism in Nigeria. This study employs exploratory research design; by using content analysis of publicly available archive documents. The study relies solely on secondary data. The research is conducted by examining literature concerning arms proliferation and terrorism in Nigeria. The literature was obtained through searches in publicly available material. Literature from non-serial publications, official reports, and conferences has been included particularly if they have been cited by other references in connection with terrorism and arms proliferation. The study submitted that small and light weapons proliferations are extensively aggravated by weak legislation and the prevalence of armed non state actors in Nigeria. Based on these findings, the study concludes that government commitment to combat arms proliferation can only be taken serious when the existing 1959 firearms legislation is revamped and internationalized while it will take only good governance to stem the prevalence of armed non state actors. The study recommends that Federal and State Government should evolve a modern firearm law to give the outdated firearm legislation the needed bites. Lastly, the study recommends that the newly established National Centre for the Control of Small Arms and light Weapons should quickly evolve a database and tracking capability to ease the fight against arms proliferation
12
Sheptycki, James. "Guns, crime and social order." Criminology & Criminal Justice 9, no. 3 (July 29, 2009): 307–36. http://dx.doi.org/10.1177/1748895809336379.
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Canada has undergone intensive public debate concerning firearms over the past two decades, much of which has concerned the effectiveness of gun control legislation. Since about 2005 public discourse has focused increasingly on an upsurge in gun-crime perpetrated by street-level criminals. The article examines the projection of these concerns within the Canadian mass media and through official statistics. It shows that gun control legislation appears to have had a positive effect on gun-related crime in Canada, but that a residuum of gun-crime has remained. Evidence suggests that a process of pistolization is ongoing in some places, but that it is not a dominant strain. The article also looks at some examples of grassroots resistance to pistolization in Canada in some communities that are worst affected by street-level gun crime.
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Talapins, Sergejs, and Eduards Agafonovs. "THEORETICAL AND PRACTICAL ASPECTS OF USE OF ELECTROSHOCK WEAPON." BORDER SECURITY AND MANAGEMENT 3, no. 8 (October 20, 2020): 35–44. http://dx.doi.org/10.17770/bsm.v3i8.5357.
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Currently, the use of firearms and special devices by law enforcement agencies in civilised democracies is strictly determined in accordance with the current legislation on the use of firearms and special devices. Their illegitimate or unauthorised application causes censure and sparks public outcry. Nevertheless, sometimes situations arise in which it is difficult and problematic for a law enforcement officer to make the right decision on the use of firearms, physical force, special devices and military working dogs. At the moment, the officers of the Latvian Border Guard are often simply unable to resist the illegal actions of offenders, since the current legislation is not always capable of justifying the lawful actions of the border guard. Also, sometimes the specific character of duty performance (a large crowd of people, the proximity of the state border) makes it impossible to use firearms. At the same time, the lack of regular training on the practical use of special devices (stack, handcuffs and others) significantly reduces the chances of their successful use by the Latvian Border Guard officers. Bearing and using electroshock weapons, and specifically stun guns of the TASER type, will significantly increase the level of security of the Latvian Border Guard staff, and will also allow the use of stun guns to ensure public order without risk to others and with minimal risk to the offender. The stun guns will allow you to blur the lines between physical abilities and the degree of physical fitness of the border guard and the offender, as a result of which a fragile girl - border guard can easily neutralise a raging athlete who is trying to disrupt public order and border control order with minimal harm.
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Talapins, Sergejs, and Eduards Agafonovs. "THEORETICAL AND PRACTICAL ASPECTS OF USE OF ELECTROSHOCK WEAPON." BORDER SECURITY AND MANAGEMENT 3, no. 8 (October 20, 2020): 35–44. http://dx.doi.org/10.17770/bsm.v3i8.5357.
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Currently, the use of firearms and special devices by law enforcement agencies in civilised democracies is strictly determined in accordance with the current legislation on the use of firearms and special devices. Their illegitimate or unauthorised application causes censure and sparks public outcry. Nevertheless, sometimes situations arise in which it is difficult and problematic for a law enforcement officer to make the right decision on the use of firearms, physical force, special devices and military working dogs. At the moment, the officers of the Latvian Border Guard are often simply unable to resist the illegal actions of offenders, since the current legislation is not always capable of justifying the lawful actions of the border guard. Also, sometimes the specific character of duty performance (a large crowd of people, the proximity of the state border) makes it impossible to use firearms. At the same time, the lack of regular training on the practical use of special devices (stack, handcuffs and others) significantly reduces the chances of their successful use by the Latvian Border Guard officers. Bearing and using electroshock weapons, and specifically stun guns of the TASER type, will significantly increase the level of security of the Latvian Border Guard staff, and will also allow the use of stun guns to ensure public order without risk to others and with minimal risk to the offender. The stun guns will allow you to blur the lines between physical abilities and the degree of physical fitness of the border guard and the offender, as a result of which a fragile girl - border guard can easily neutralise a raging athlete who is trying to disrupt public order and border control order with minimal harm.
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Kursaev, Alexander V. "The facets of lawful and criminally punishable use of physical force, special means and firearms by police officers (based on the materials of judicial practice)." Current Issues of the State and Law, no. 3 (2022): 349–61. http://dx.doi.org/10.20310/2587-9340-2022-6-3-349-361.
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This study is devoted to the qualification of cases of the use of physical force, special means and firearms by police officers. The goal is to explore the facets of the lawful and criminally punishable use of physical force, special means and firearms by police officers (based on judicial practice). Tasks – to study the norms of legislation on the use of physical force, special means and firearms by police officers, to analyze typical qualification errors in assessing the actions of police officers. Attention is drawn to the fact that the assessment of the legitimacy of the actions of police officers is important not only for qualifying their actions, but also for the behavior of persons against whom these coercive measures were applied, regarding the presence in their actions of signs of a crime under Article 318 of the Criminal Code of the Russian Federation. It is concluded that such law enforcement errors lead to the fact that employees of the internal affairs bodies use firearms only in the most extreme cases, often only when there is an immediate threat to the life and health of the employees themselves. This situation is explained by the unwillingness of the policeman to be accused of illegal use of weapons. The relevance of the issue follows from the data of sociological surveys: it is emphasized that in the criminal law assessment of the use of physical force, special means and firearms by police officers, their compliance with the provisions of the Federal Law of February 7, 2011 no. 3-FZ “On the Police”. The problem of the practical application of the Federal Law of February 7, 2011 no. 3-FZ “On the Police” and the Criminal Code of the Russian Federation is those cases where the provisions of the Federal Law of February 7, 2011 no. 3-FZ “On the Police” restrict the rights of police officers to use physical force, special means and firearms, while it is necessary and recognized as lawful based on the provisions of the Criminal Code of the Russian Federation.
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Brereton, David. "‘Real Rape’, Law Reform and The Role of Research: The Evolution of the Victorian Crimes (Rape) Act 1991." Australian & New Zealand Journal of Criminology 27, no. 1 (June 1994): 74–94. http://dx.doi.org/10.1177/000486589402700110.
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This paper provides a brief history of the Victorian Crimes (Rape) Act 1991 and examines the role which social science research played in the development of this legislation. The Crimes (Rape) Act was modelled closely on a report of the Law Reform Commission of Victoria. In preparing this report, the Commission undertook a comprehensive quantitative study of rape prosecutions in Victoria, as well as drawing on empirical studies from other jurisdictions. The paper concludes that the impact of the research on the development of the legislation was limited by a number of factors: the decision-making process was relatively unstructured, involved a large number of players, was highly politicised, and had a high symbolic content. However, the collection and dissemination of reliable data did take some of the heat and hyperbole out of the debate, and thereby facilitated a more constructive dialogue. This factor alone made the research worthwhile, given that the rape law reform had in the past been a highly divisive issue in Victoria.
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Weigend Vargas, Eugenio, and David Pérez Esparza. "Should Mexico Adopt Permissive Gun Policies? Lessons From The United States." Mexican Law Review 11, no. 2 (January 24, 2019): 27. http://dx.doi.org/10.22201/iij.24485306e.2019.1.13127.
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After a recent increase in violence, policy makers and advocates in Mexico have proposed new firearm legislation that would shift Mexican gun policies towards a more permissive approach. Following the argument of ‘selfdefense’, these initiatives would facilitate citizens’ access to guns by allowing them to carry firearms in automobiles and businesses. These initiatives have been developed without a deep analysis of the effects of permissive gun laws. In this article, the authors present an assessment of what Mexican policymakers and advocates should be aware of regarding permissive gun laws using the example of the United States, the nation with the highest rate of gun ownership in the world and where these policies are already in effect.
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Velykyi, Yuriy. "Some aspects of police use of extreme coercive measure – firearms." Naukovyy Visnyk Dnipropetrovs'kogo Derzhavnogo Universytetu Vnutrishnikh Sprav 3, no. 3 (September 30, 2021): 118–23. http://dx.doi.org/10.31733/2078-3566-2021-3-118-123.
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Formation and development of the modern law enforcement system of Ukraine presupposes carrying out of the integral and consistent complex of the actions directed on construction of the effective mechanism of protection of the rights, freedoms and legitimate interests of citizens. Like any legal act, the Law of Ukraine “On the National Police” requires some time to fully implement its provisions in practice, to make additional changes to existing regulations. This Law introduced into scientific circulation the concept of «police measures», which are divided into preventive and coercive, defined the legal basis and restrictions on their use. Extreme among coercive measures to stop illegal actions is the use of firearms. It is the misuse of firearms by workers that leads to high-profile high-profile events in a society that negatively affects the trust of ordinary citizens in the police. In order to exercise the powers granted by law, a police officer must not only have an appropriate level of professional training, high responsibility, but also must undergo special training and subsequently undergo annual periodic testing for the ability to take action related to the application of these measures. In this regard, there is a need to conduct a scientific analysis, during which to reveal the grounds and procedure for the application of extreme coercive measures by the National Police, to identify gaps in legislation on these issues, the powers of the police during the application of this measure and responsibility for exceeding these powers.
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Ravnyushkin, A. V. "The Legal Issues of Firearms Trafficking in the United States of America." Siberian Law Review 19, no. 4 (January 8, 2023): 356–73. http://dx.doi.org/10.19073/2658-7602-2022-19-4-356-373.
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Relevance and subject of research. The circulation of firearms as a source of increased danger is subject to legal regulation and control in the Russian Federation. The use of weapons by police officers is no exception. The norms of the Federal Law of February 7, 2011 No. 3-FZ “About the Police” (hereinafter referred to as the Law “About the Police”) refer to the achievements of domestic administrative science as a result of the work of specialists. In systemic connection with the norms of criminal law, they regulate the conditions and limits for the use of coercive measures by police officers, including firearms. The fundamental ideas of the activities of the Russian police have successfully cooperated with the norms of international law. On the contrary, in the socalled “leading” democratic state – the United States of America, such cooperation does not look well-coordinated, which the Author substantiates when studying the origins of the right of citizens of this state to own firearms, the regulatory regulation of the circulation of weapons in the United States, the negative consequences of this regulation (based on research by American scientists and statistical data), the activities of the US police to counter armed attacks and its legal regulation. One of the US attempts to comply with international law in this area is analyzed, namely the adopted new policy of the US Customs and Border Protection on the use of force, including firearms.The purpose of the study is to determine the state of legal regulation of the circulation of civilian firearms in the United States, the use of these weapons as a coercive measure by police officers in order to identify its positive aspects, in the presence of which the decision on the possibility / impossibility of their introduction into Russian legislation. This led to the setting of the following tasks: to study the constitutional foundations of the right to own firearms by US citizens (historical aspect); to determine the current state of legal regulation of civilian circulation of firearms in the United States and its consequences; analyze the activities of the US police to counter armed attacks and its legal regulation, evaluate them and determine the prospects for their improvement; identify the provisions of American legislation that are of scientific interest, and the possibility / impossibility of their implementation in Russian legislation.The methodological basis of the study was a dialectical approach to the scientific knowledge of social relations associated with the circulation of firearms, the implementation of their state regulation, analysis and synthesis of the results obtained during the study, which made it possible to formulate and substantiate the conclusions. Among the special methods used in the study are the method of studying normative legal acts and documents, the empirical method, the method of processing and analyzing data, and their generalization. Findings. The study shows that the constitutional foundations for the right to own firearms by US citizens developed simultaneously with the emergence of statehood: first in individual states, and then in the very union of these states formed into a single US government. The existing multi-layered legal framework for regulating the circulation of firearms has created a wide range of owners with a relatively simple system of access, which negatively affects the criminal environment, in which armed attacks with mass casualties are of high importance. Cases of armed attacks and other negative illegal acts to a certain extent influenced the processes of militarization of the police, the creation and strengthening of special operations units, the adoption by the police of various types of military equipment, weapons and special means. Detailed legal regulation of the use of lethal force by the police is developing belatedly. The 2014 adoption of the U.S. Customs and Border Protection Manual did not prompt other law enforcement agencies to adopt similar rules, indicating the fragmentation of U.S. law enforcement. The U.S. Customs and Border Protection Guidelines on the use of force is of particular scientific interest, and after its careful analysis, it is possible to introduce certain provisions into the legal regulation of the activities of the Russian police, especially the use of lethal force. The fundamental ideas of police activity developed in Russia can be recognized as certain guidelines for the development of the American police. The relatively small number of firearm owners in Russia and the high requirements for the circulation of firearms are a deterrent to the negative developments taking place in the United States.
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Rose, Cecily. "The Creation of a Review Mechanism for the UN Convention Against Transnational Organized Crime and Its Protocols." American Journal of International Law 114, no. 1 (January 2020): 51–67. http://dx.doi.org/10.1017/ajil.2019.71.
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In November 2000, the United Nations General Assembly adopted the United Nations Convention Against Transnational Organized Crime (UNTOC or Convention) and its three protocols on human trafficking, migrant smuggling, and firearms. These instruments are the product of three years of diplomatic negotiations, and they represent a substantial contribution to international lawmaking in the area of transnational criminal law. UNTOC has attracted almost universal participation, with 190 states parties at present. Nearly two decades after the adoption of these instruments, however, remarkably little is known about whether states parties have implemented UNTOC and its protocols in their national legislation, whether they enforce such legislation, and whether they make use of UNTOC's provisions concerning international cooperation (e.g., extradition and mutual legal assistance). In other words, the influence of these instruments in practice remains largely unknown.
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Renwick, Samantha. ""Responsibility" to Provide: Family Provision Claims in Victoria." Deakin Law Review 18, no. 1 (August 1, 2013): 159. http://dx.doi.org/10.21153/dlr2013vol18no1art61.
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Family provision legislation was introduced in Victoria in 1906 to allow the court to order provision from the estate of a deceased person whose will did not make adequate provision for the proper maintenance and support of a person for whom the deceased had a moral duty to provide. The first version of the legislation allowed only widows and children to claim; it underwent little reform until 1997 when a major amendment to the Administration and Probate Act 1958 (Vic) removed the statutory list of eligible applicants, and replaced it with the jurisdictional question, ‘Did the deceased have a responsibility to provide?’ This in theory means that ‘anyone’ can make a claim, including those without a close family relationship with the deceased. This article examines a selection of judgments handed down under the new provisions, with the aim of showing the range of applicants who are now eligible to apply and examining the particular features of their relationship with the deceased that determined the success of their claims. This is in light of the current Victorian Law Reform Commission Inquiry into Succession Law that questions whether eligibility should be limited to certain types of relationship, and whether costs should continue to be paid out of the estate.
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McPhedran, Samara. "An Evaluation of the Impacts of Changing Firearms Legislation on Australian Female Firearm Homicide Victimization Rates." Violence Against Women 24, no. 7 (September 11, 2017): 798–815. http://dx.doi.org/10.1177/1077801217724450.
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Reducing lethal violence against women requires comprehensive measures addressing individual, social, economic, cultural, and situational factors. Regarding situational factors, access to weapons—and firearm access in particular—has received notable research attention. However, most study comes from the United States of America, and findings may not apply elsewhere. The current study examines whether changing gun laws in Australia affected female firearm homicide victimization. Female firearm homicide victimization may have been affected; however, no significant impacts were found for male firearm homicide victimization. Findings suggest there may be value in preventing legal access to firearms by persons who have a history of intimate partner violence, although considerable further study is required.
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Useinov, Miras I. "CURRENT QUESTIONS AND LEGAL ISSUES OF IMPROVING THE LEGISLATION ON STATE CONTROL OF THE TURNOVER OF CERTAIN KINDS OF WEAPONS IN MODERN CONDITIONS." Society and Security Insights 4, no. 2 (August 4, 2021): 24–37. http://dx.doi.org/10.14258/ssi(2021)2-02.
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The scientific article is devoted to the topical problem of the law on state control over the circulation of certain types of weapons, issues related to theory and practice at the present stage. The particular significance of this work is attached to the legal problems of the law on state control over the circulation of certain types of weapons, namely, the age of the citizen, according to which the right to acquire weapons is given. In the article, much attention is paid to the tragic events that are directly related to the illegal use of firearms in adolescence, the legislative acts of the neighboring countries are analyzed and examples are given. In addition, the author provides specific proposals for solving these problems. The relevance of the article is beyond doubt, as weapons have been one of the most fundamental problems of all time and remains an important milestone for future research. The scientific article is relevant because in recent years, crimes related to the use of firearms have sharply increased in different countries of the world, especially among young people. This demonstrates the importance and timeliness of this article. In the course of the study, the main emphasis is placed on the relevance of the legal problem of imperfection of the law on weapons. The material of the article has a pronounced author's line, since the author does not easily analyze the scientific positions of different authors, but also expresses his point of view.
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Chen, Bruce. "The Human Rights Act 2019 (Qld): Some perspectives from Victoria." Alternative Law Journal 45, no. 1 (January 14, 2020): 4–11. http://dx.doi.org/10.1177/1037969x19899661.
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The Human Rights Act 2019 (Qld) is modelled on Victoria’s dialogue model for human rights protection, the Charter of Human Rights and Responsibilities Act 2006 (Vic). This article provides a Victorian perspective on the operative provisions of Queensland’s Human Rights Act, particularly those which bind public entities, courts and tribunals when applying legislation (sections 13, 48, 58 and 59). The potential impacts of amendments by the Act to the Corrective Services Act 2006 (Qld) and Youth Justice Act 1992 (Qld) are also considered.
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Безногих, В. С. "Open sources revіew on salw illegal use and seizures in Ukraine (2019)." Вісник Луганського державного університету внутрішніх справ імені Е.О. Дідоренка 4, no. 92 (December 17, 2020): 299–324. http://dx.doi.org/10.33766/2524-0323.92.299-324.
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The article provides an analysis of crime related to firearms, ammunition and explosives. It is written based on the results of the study of information on this category of crimes collected in open sources (law enforcement websites and media news resources). In contrast to the departmental statistics and narrative reports that serve certain tasks of law enforcement agencies, the present analysis attempts to describe additional qualitative characteristics for this category of crimes in order to identify more specific trends and determine the impact of the situation in south-eastern Ukraine caused by the armed aggression of the Russian Federation. Relying on his experience of work in the United Nations Office on Drugs and Crime (UNODC) projects, the author of the study attempts to adapt and apply the principles of collecting of qualitative information from open sources, which are used to collect information on drug-related crimes for the Drug Monitoring Platform in the Afghan Opiate Trade Project (AOPT). The study covers all types of crimes related to firearms, ammunition and explosives, both those in which the weapon is the subject of a crime (illegal possession, sale, smuggling), and crimes in which a weapon or explosive used as an instrument of crime (murder, attempted murder, armed robbery, property damage, hooliganism). The study also includes cases of illegal use of traumatic firearms, which within the existing criminal legislation of Ukraine are classified as hooliganism. The article provides summary table on prices for certain types of weapons and ammunition in the regions of Ukraine based on the results of successful operations of weapons purchasing realized by law enforcement agencies. In general, the materials presented in the article are an additional source of criminalistics information and can serve as a basis for further analysis and research.
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Безногих, В. С. "REVIEW OF ILLEGAL TRAFFICKING IN WEAPONS AND AMMUNITION IN UKRAINE ACCORDING TO OPEN SOURCES (2020)." Вісник Луганського державного університету внутрішніх справ імені Е.О. Дідоренка 2, no. 94 (June 30, 2021): 259–77. http://dx.doi.org/10.33766/2524-0323.94.259-277.
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The article provides an analysis of crime related to firearms, ammunition and explosives. It is written based on the results of the study of information on this category of crimes collected in open sources (law enforcement websites and media news resources). In contrast to the departmental statistics and narrative reports that serve certain tasks of law enforcement agencies, the present analysis attempts to describe additional qualitative characteristics for this category of crimes in order to identify more specific trends and determine the impact of the situation in south-eastern Ukraine caused by the armed aggression of the Russian Federation. Relying on his experience of work in the United Nations Office on Drugs and Crime (UNODC) projects, the author of the study attempts to adapt and apply the principles of collecting of qualitative information from open sources, which are used to collect information on drugrelated crimes for the Drug Monitoring Platform in the Afghan Opiate Trade Project (AOPT). The study covers all types of crimes related to firearms, ammunition and explosives, both those in which the weapon is the subject of a crime (illegal possession, sale, smuggling), and crimes in which a weapon or explosive used as an instrument of crime (murder, attempted murder, armed robbery, property damage, hooliganism). The study also includes cases of illegal use of traumatic firearms, which within the existing criminal legislation of Ukraine are classified as hooliganism. The article provides summary table on prices for certain types of weapons and ammunition in the regions of Ukraine based on the results of successful operations of weapons purchasing realized by law enforcement agencies. In general, the materials presented in the article are an additional source of criminalistics information and can serve as a basis for further analysis and research. The article is a logical continuation of an article published last year based on the results of the 2019 study.
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Baker, J., and S. McPhedran. "Gun Laws and Sudden Death: Did the Australian Firearms Legislation of 1996 Make a Difference?" British Journal of Criminology 47, no. 3 (July 17, 2006): 455–69. http://dx.doi.org/10.1093/bjc/azl084.
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DiRosa, Andy. "The Brady Handgun Violence Prevention Act: Lessons in the Development and Implementation of Federal Policy." Policy Perspectives 8, no. 2 (December 1, 2001): 2. http://dx.doi.org/10.4079/pp.v8i2.4223.
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The Brady Handgun Violence Prevention Act (P.L. 103-159) was implemented in a two-stage process beginning in March 1994. During the act's 57-month interim phase, from March 1, 1994, to November 30, 1998, chief law enforcement officers in the United States conducted nearly 13 million handgun background checks, providing documentation that would prevent 312,000 sales to convicted felons and others who were ineligible to purchase firearms. Since November 30; 1998, when the FBI's National Instant Criminal Background Check System became operational, thousands more firearm sales to ineligible buyers have been prevented. This article explores some of the issues surrounding the passage, implementation, and ramifications of this landmark legislation.
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Komissarov, Mykola, and Natalia Komissarova. "IMPROVEMENT OF WEAPON CIRCULATIONS REGULATORY MEASURES IN THE CONTEXT OF ENSURING CONSTITUTIONAL RIGHTS AND FREEDOMS OF UKRAINIAN CITIZEN." Ukrainian polyceistics: theory, legislation, practice 1, no. 1 (April 2021): 100–106. http://dx.doi.org/10.32366/2709-9261-2021-1-1-100-106.
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This article addresses problematic issues of circulation, classification, and expert study of weapons. Approaches to lawmaking are offered to regulate the circulation of weapons in the country taking into account an essential understanding of such a heritage of human civilization as a weapon. Criteria that might become a matrix in creating and improving weapons circulation legislation are considering and analysis of available legal and regulatory framework in the area of administrative and criminal laws ensuring this activity in Ukraine is conducted. Ukrainian Criminal Code statutes are analyzed in details which on one hand protect citizens from illegal attempts using weapons and on the other hand make it impossible for law-abiding citizens to realize provisions of the Ukrainian Constitution regarding the defense of their own life and health, life and health of others from illegal attempts which could happen if such norms will be violated. Ukrainian national legislation problematic aspects in the area of the circulation of objects with firearm features and consequences for the nation are researched. Based on the analysis of weapon circulation experience, ways of improving national legal acts that regulate the circulation of similar products in Ukraine are offered. The normative documents that regulate the order of circulation in Ukraine of products with the characteristics of firearms, which the manufacturer classifies as devices of household, sports and special purpose, are analyzed. The basic requirements for alarming and signaling weapons, as well as starting pistols and revolvers by national standards and methods of ballistic examination are considered. The problematic aspects of the Ukrainian national legislation in the sphere of circulation of firearms objects and their consequences for the state are investigated. On the basis of the analysis of the European experience in regulating the circulation of alarm and signal weapons, ways of improving the national legal acts regulating the circulation of similar products in Ukraine have been proposed.
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James, Bradford, Bertha Ben Khallouq, and Hubert Swana. "Child access prevention legislative language and pediatric firearm injury rates." World Journal of Pediatric Surgery 4, no. 4 (September 2021): e000223. http://dx.doi.org/10.1136/wjps-2020-000223.
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BackgroudFirearm injuries are a significant public health problem facing young people in the USA. In 2015, a total of 16 878 people under 19 years old were injured or killed by firearms. To reduce firearm injuries, 29 states and Washington, DC have enacted child access prevention (CAP) legislation. CAP legislation is intended to reduce the likelihood of a minor obtaining a weapon and subsequent injury or death. This study evaluates the impact of CAP legislation based on language of the legislation, specifically it evaluates a relationship of the legal threshold of liability and the number of firearm injuries per capita of minors.MethodsData were collected from the Web-based Injury Statistics Query and Reporting System for patients less than 19 years of age who presented to emergency departments with firearm injuries in 2016. The Giffords Law Center classification was used to group states into three categories (strong/weak/no CAP) based on CAP language. Differences of firearm-related injury rates per capita were assessed.ResultsWhen controlling for population, states with CAP legislation had a 22% decrease in firearm injuries per capita compared with states without CAP legislation. States with ‘strong’ CAP legislation had a 41% decrease in firearm injuries per capita compared with states with ‘weak’ or no CAP legislation when controlling for population.ConclusionsStates with ‘strong’ CAP legislation had lower pediatric firearm injury rates per capita, but more complete data and further studies are needed to evaluate this relationship as well as other factors that may impact firearm injury rates.
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Du Toit, Pieter Gerhardus. "A note on sentencing practices for the offence of the unlawful possession of semi-automatic firearms." Potchefstroom Electronic Law Journal 23 (March 17, 2020): 1–19. http://dx.doi.org/10.17159/1727-3781/2020/v23i0a6237.
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Violent crimes in South Africa are often accompanied by the possession or use of semi-automatic firearms. The Criminal Law Amendment Act 105 of 1997 (hereinafter, the CLA) provides for the imposition of minimum sentences for certain firearms-related offences. The question whether the minimum sentencing regime actually applies to the offence of the unlawful possession of a semi-automatic firearm lead to a number of conflicting judicial decisions by different High Courts. This note discusses the statutory interpretation challenges the courts had to grapple with regarding the interplay between the CLA and South Africa’s successive pieces of firearms legislation. The Supreme Court of Appeal ultimately found that the offence of the unlawful possession of a semi-automatic firearm must indeed be met with the prescribed minimum sentence. The recent sentencing practices of South African courts in respect of the unlawful possession of semi-automatic firearms within the framework of the CLA are analysed. From the investigation it is evident that courts are more likely to impose the minimum sentence in cases where the accused is also convicted of other serious offences such as murder and robbery. In such cases little attention is given to the firearm-related offences as the courts are more concerned with the cumulative effect of sentences imposed on different counts. In cases where the accused is convicted of the stand-alone offence of the unlawful possession of a semi-automatic firearm, the courts are nevertheless taking an increasingly unsympathetic stance towards offenders and terms of imprisonment in the range of seven to 10 years’ imprisonment is commonly imposed. In addition to the accused’s personal circumstances, one of the most important factors in deciding on an appropriate sentence are the explanation of how the unlawful possession came about. It seems that the judicial sentiment increasingly does not support the view that the possession of an unlicensed firearm should be treated as serious only if the weapon has been used for the commission of a serious crime.
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Nikolaeva, T. G., and E. V. Nechaeva. "School shootings: criminal law investigation." Vektor nauki Tol’attinskogo gosudarstvennogo universiteta. Seria Uridicheskie nauki, no. 4 (2022): 36–44. http://dx.doi.org/10.18323/2220-7457-2022-4-36-44.
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The problem of adolescent violence and the cases of violence in the school environment associated with the mortality are of the high-degree urgency and cause a wide public outcry. Mass murders involving firearms, when an attack is committed by the students and the victims are students or school staff, are of particular concern. An important factor influencing the spread of school shooting in Russia is the growth of availability and popularization of social networks among young people. However, the problem is not only in the common availability of the information about the ways of committing the crimes, but in the fact that for many adolescents, such acts of massacre become a way of solution to conflicts with classmates and teachers. The paper reveals the concept of school shooting and specifies its characteristic features. The authors consider school shooting both as a negative social phenomenon and socially-dangerous act violating the norms of criminal law. Based on the study of the most famous cases of armed attacks on educational institutions of Russia and the official statistics data, the authors analyzed their reasons and the specific responsibility measures applied to attackers. As the priority directions of school shooting counteraction, the authors name the restriction of arms in circulation, the improvement of safety in social networks, and the improvement of criminal legislation. Special significance in the struggle with this phenomenon, the authors give to early recognition of forthcoming attacks on educational institutions, especially preventing bullying among the students.
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King, Maylene Shung, Paula Proudlock, and Lori Michelson. "From fieldwork to facts to firearms control: Research and advocacy towards stricter firearm control legislation in South Africa." African Security Review 15, no. 2 (January 2006): 1–15. http://dx.doi.org/10.1080/10246029.2006.9627398.
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Butler, Andrew S. "Strengthening the Bill of Rights." Victoria University of Wellington Law Review 31, no. 1 (April 3, 2000): 129. http://dx.doi.org/10.26686/vuwlr.v31i1.5975.
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This article was presented as a Victoria University of Wellington Centennial Lecture during Law Festival week in 1999. The author critically examines two aspects of the current operational structure of the New Zealand Bill of Rights Act 1990—the subordination of the Bill of Rights to all enactments (section 4) and the issue of "positive vets" of proposed legislation by the Attorney-General (section 7). The author identifies them as weaknesses, and makes suggestions as to possible improvements.
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Bates, Frank. "Some Impending Legal Problems for Social Workers." Children Australia 10, no. 4 (1986): 4–11. http://dx.doi.org/10.1017/s0312897000016623.
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AbstractMany areas of the law with which social workers are required to deal are particularly dynamic and, in order to meet the challenges they present, it is necessary to look ahead. Developments in the United States often provide a useful means of predicting developments in Australia. The paper examines three areas, proceedings, social security law, and mental health – where change is becoming, or likely to become, apparent, in the first topic, there has been a marked change in both the issues with which the courts have had to deal and the methodology which they have adopted to attempt to resolve them. In social security law, decisions of the Administrative Tribunal have illustrated anomalies and deficiencies in the legislation, and social workers in their daily practice may notice others. All of that might well lead to a necessary review of the legislation. In the area of mental health legislation, a draft bill in Victoria contains a number of disquieting features which should cause social workers, as well as lawyers, concern. The paper concludes by noting that the legal relationship between social workers and the law has never been more subject to scrutiny in a wide variety of situations, and mutual respect between the two disciplines must continue to increase.
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Forsyth, Anthony. "Industrial legislation in Australia in 2016." Journal of Industrial Relations 59, no. 3 (May 22, 2017): 323–39. http://dx.doi.org/10.1177/0022185617693876.
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After three years of trying, the Coalition Government finally succeeded in obtaining passage of several key workplace reform statutes in 2016. This followed the outcome of the federal election held on 2 July, delivering the Government a differently composed Senate and a new opportunity to secure support for its legislative program. This review article explains key aspects of the industrial legislation passed by federal Parliament in 2016, including statutes abolishing the specialist road transport industry tribunal, re-establishing the Howard-era regulator for the construction industry, and setting up a new agency to enforce enhanced governance and accountability standards for registered unions and employer organisations. Legislative amendments aimed at resolving the long-running bargaining dispute in Victoria’s Country Fire Authority are also considered, along with the Government’s muted response to the 2015 Productivity Commission review of the workplace relations framework. The article then examines developments at state level, including a major rewrite of Queensland’s industrial legislation, structural changes in New South Wales, and proposed changes to long service leave and the labour hire sector in Victoria. It concludes by noting the irony that just as the federal Government has tasted some success after a long legislative ‘dry spell’, its labour law reform agenda appears limited and piecemeal.
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Liu, Ye, Michael Siegel, and Bisakha Sen. "Association of State-Level Firearm-Related Deaths With Firearm Laws in Neighboring States." JAMA Network Open 5, no. 11 (November 8, 2022): e2240750. http://dx.doi.org/10.1001/jamanetworkopen.2022.40750.
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ImportanceFirearms are easily transported over state borders; hence permissive firearm laws in one state may have an interstate association with firearm-related deaths in nearby states.ObjectivesTo examine whether certain firearm laws have an interstate association with firearm-related deaths in nearby states.Design, Setting, and ParticipantsThis cross-sectional observational study used data on state firearm-related deaths in the 48 contiguous states of the US between January 1, 2000, and December 31, 2019. A spatial autoregressive model with fixed effects for state and year was used to evaluate within-state, interstate, and overall associations between firearm laws and firearm-related deaths. Analyses were performed during January 2022.ExposuresThe following 9 types of laws were evaluated: universal background checks for all firearms purchase, background checks for handgun sales at gun shows, license requirement to purchase all firearms, state dealer license requirement for handgun sales, requirement of retaining records of handgun sales, ban on purchasing a handgun on behalf of another, prohibition of firearm possession by persons who committed violent misdemeanors, required relinquishment of firearms for persons becoming prohibited from possessing them, and discretion in granting a concealed carry permit.Main Outcomes and MeasuresState-level total firearm-related death rates, suicide rates, and homicide rates.ResultsIn sum, the study period included 662 883 firearm-related deaths of all intents. License requirement for firearm purchase had a within-state association (effect size, −1.79 [95% CI, −2.73 to −0.84]), interstate association (effect size, −10.60 [95% CI, −17.63 to −3.56]), and overall association (effect size, −12.38 [95% CI, −19.93 to −4.83]) per 100 000 population decrease in total firearm-related deaths. This law also had within-state association (effect size, −1.26 [95% CI, −1.72 to −0.80]), interstate association (effect size, −9.01 [95% CI, −15.00 to −3.02]), and overall association (effect size, −10.27 [95% CI, −16.53 to −4.01]) per 100 000 population decrease in firearm-related homicide.Conclusions and RelevanceThe findings of this pooled cross-sectional analysis suggest that certain firearm laws in one state were associated with other states’ firearm-related deaths. Synergic legislative action in adjacent states, federal firearm legislation, and measures that reduce migration of firearms across state borders should be part of the overarching strategy to prevent firearm-related deaths.
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Munandar, Evan, Suhaimi Suhaimi, and Muhammad Adli. "Penanggulangan Tindak Pidana Kepemilikan Dan Penggunaan Senjata Api Tanpa Izin Dalam Sistem Peradilan Pidana." Syiah Kuala Law Journal 2, no. 3 (November 30, 2018): 338–53. http://dx.doi.org/10.24815/sklj.v2i3.11763.
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Pasal 1 ayat (1) dan ayat (2) Undang-Undang Darurat Nomor 12 Tahun 1951, menyatakan bahwa “Barang siapa, yang tanpa hak memasukkan ke Indonesia membuat, menerima, mencoba memperoleh, menyerahkan atau mencoba menyerahkan, menguasai, membawa, mempunyai persediaan padanya atau mempunyai dalam miliknya, menyimpan, mengangkut, menyembunyikan, mempergunakan, atau mengeluarkan dari Indonesia sesuatu senjata api, amunisi atau sesuatu bahan peledak, dihukum dengan hukuman mati atau hukuman penjara seumur hidup atau hukuman penjara sementara setinggi-tingginya dua puluh tahun. Namun pada kenyataannya di Wilayah Hukum Pengadilan Negeri Jantho masih terjadi tindak pidana penggunaan senjata api tanpa izin. Penelitian ini bertujuan untuk menganalisis faktor penyebab terjadinya tindak pidana kepemilikan dan penggunaan senjata api tanpa izin, upaya penanggulangan dan hambatan dalam penanggulangan tindak pidana tersebut. Jenis penelitian hukum dan pendekatan yuridis empiris, dengan teknik pengumpulan data melalui penelitian kepustakaan untuk memperoleh data sekunder dan penelitian lapangan untuk memperoleh data primer. Analisis data dengan metode kualitatif. Berdasarkan hasil penelitian diketahui bahwa faktor penyebab terjadinya tindak pidana kepemilikan dan penggunaan senjata api tanpa izin di wilayah hukum Pengadilan Negeri Jantho karena tujuan membela diri, alat untuk mencari nafkah, melaksanakan tugas sebagai anggota GAM. Upaya penanggulangan dilakukan secara preventif dan represif. Hambatan yang dihadapi kurangnya pengawasan oleh kepolisian maksimal.On the paragraph 1 article 1 and 2 of the emergency legislation no 12 of 1951, it was mentioned that “whoever, without permission producing, accepting, trying to attain, giving, trying to give, controlling, carrying, having, keeping, taking, hiding, using, or taking out the firearm, ammunition, or dynamite in Indonesia will be punished capital punishment, life imprisonment, or twenty years imprisoned punishment”. However, in the reality, in Jantho Jurisdiction region, there are still many of criminal act related to the unauthorized use of firearms. It was caused of the security factor in the living area and the lack of knowledge factor on unauthorized ownership of the firearms. This research aims to describe and analyze the causal factor of the criminal act on the unauthorized firearms in the jurisdiction region of Jantho and the effort made to overcome the criminal act of unauthorized ownership and use of firearm. This research is a type of law research, empirical juridical research, or sociology law research, with the technique of data collection conducted through library research to attain the secondary research and field research to attain the primary data. The technique of data analysis used in this research is qualitative. This method is used to easily to understand the causes observed and to connect the problem discussed. Based on the research result, it was revealed that the causal factor of the criminal act on the unauthorized gun ownership in the law area of Jantho court are: self-defense factor, earning money, the responsibility as an Aceh Free Movement member, the preparation to did other criminal act. The effort made to overcome the criminal act of unauthorized gun use by regularly giving the law and police raid. The repressive efforts made are by investigating, sue the perpetrators of criminal act on unauthorized gun use to the court based on the legislation, and deciding the criminal decision to the perpetrators by the judge.
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Warner, Kate, Julia Davis, Caroline Spiranovic, Helen Cockburn, and Arie Freiberg. "Why sentence? Comparing the views of jurors, judges and the legislature on the purposes of sentencing in Victoria, Australia." Criminology & Criminal Justice 19, no. 1 (November 10, 2017): 26–44. http://dx.doi.org/10.1177/1748895817738557.
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In recent times, parliaments have introduced legislation directing judges to take defined purposes into account when sentencing. At the same time, judges and politicians also acknowledge that sentencing should vindicate the values of the community. This article compares the views on the purposes of sentencing of three major participants in the criminal justice system: legislators who pass sentencing statutes, judges who impose and justify sentences and jurors who represent the community. A total of 987 Australian jurors in the Victorian Jury Sentencing Study (2013–2015) were asked to sentence the offender in their trial and to choose the purpose that best justified the sentence. The judges’ sentencing remarks were coded and the results were compared with the jurors’ surveys. The research shows that, in this jurisdiction, the views of the judges, the jurors and the legislators are not always well aligned. Judges relied on general deterrence much more than jurors and jurors selected incapacitation as the primary purpose in only about a fifth of ‘serious offender’ cases where parliament has provided that community protection must be the principal purpose.
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Nikulenko, Andrey. "Police deviance: causes and possibilities of overcoming." Russian Journal of Deviant Behavior 2, no. 3 (October 31, 2022): 325–31. http://dx.doi.org/10.35750/2713-0622-2022-3-325-331.
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In modern Russia, the problem of the balance between the implementation of law enforcement activities (firstly, police ones) and ensuring the rights and freedoms of man and citizen is becoming increasingly relevant. Special significance is attached to the legal regulation of the activities of the police and representatives of other law enforcement agencies so that they have clear and understandable legal mechanisms for restricting civil rights at their disposal. However, the desire to provide a legal basis for policing, in our opinion, has led to excessive regulation of the possible and proper behavior of the police officers. Moreover, the regulatory legislation of various «law enforcement» agencies differs significantly in terms of the use of physical force, special means and firearms, in other words, means of restricting rights and freedoms. That seems reasonable, since each department solves its own tasks, but in the same situations, representatives of, for example, the FSB of Russia (the Federal Security Service of the Russian Federation), the police and the National Guard of Russia have different grounds for using weapons. The legislators’ efforts to regulate this area as much as possible have led to contradictions between various regulatory legal acts, especially in criminal legislation.
This circumstance generates various forms of deviant behavior of police officers when they face with stressful situations in their law enforcing.
In our opinion, the current norms (particularly of Chapter 8) of the Criminal Code of the Russian Federation are clearly insufficient. In addition, their statutory wording is not perfect. They make it possible to shift the blame for causing harm on persons who cause this harm under circumstances without criminality of the act.
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Hemming, Andrew. "Resolving the Application of the Christie Discretion in the Uniform Evidence Legislation." Federal Law Review 42, no. 3 (September 2014): 539–58. http://dx.doi.org/10.22145/flr.42.3.5.
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The application of s 137 of the uniform evidence legislation, which essentially restates the Christie discretion, has been thrown into confusion with the Supreme Courts of New South Wales and Victoria taking a restrictive and expansive interpretation respectively of the meaning of ‘probative value’ for the purpose of the weighting exercise between probative value and unfair prejudice. Definitive clarification of such an important and well known evidential principle, which could reasonably have been previously regarded as settled law, will most likely be postponed until a suitable case is heard by the High Court. This article seeks to anticipate such a judicial resolution of the application of s 137, by applying well-understood principles of statutory interpretation, to argue in favour of the Victorian expansive approach to the meaning of ‘probative value’ in the uniform evidence legislation.
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Taylor-Sands, Michelle M. "The Discriminatory Legal Barrier of Partner Consent in Victorian ART Law: EHT18 v Melbourne IVF." Medical Law Review 27, no. 3 (2019): 509–18. http://dx.doi.org/10.1093/medlaw/fwz010.
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Abstract In September 2018, the Federal Court of Australia found that a Victorian woman did not need her estranged husband’s consent to undergo in vitro fertilisation treatment (IVF) using donor sperm. The woman, who was 45 years of age, made an urgent application to the Court for permission to undergo IVF using donor sperm. In a single judge ruling, Griffiths J held that the requirement in the Assisted Reproductive Treatment Act 2008 (Vic) (‘ART Act’) for a married woman to obtain the consent of her husband discriminated against the woman in question on the basis of her marital status in contravention of the Commonwealth Sex Discrimination Act 1984 (Cth) (‘SD Act’). His Honour declared the Victorian law in this instance ‘invalid and inoperable’ by operation of section 109 of the Commonwealth Constitution to the extent it was inconsistent with the Commonwealth law. Although the declarations by the Federal Court were limited in their terms to the circumstances of the case, the judgment raises broader issues about equity of access to assisted reproductive treatment (ART) in Victoria. The issue of partner consent as a barrier to access to ART was specifically raised by an independent review of the ART Act in Victoria. The Victorian Government released an interim report late last year as a first stage of the review, which canvasses some options for reform. This raises a broader question as to whether prescriptive legislation imposing detailed access requirements for ART is necessary or even helpful.
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Kovalov, I. M., and V. A. Yevtushok. "Administrative Supervision of the National Police of Ukraine." Law and Safety 81, no. 2 (July 2, 2021): 72–78. http://dx.doi.org/10.32631/pb.2021.2.09.
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The scientific article is focused on the legal regulation of administrative supervision of the National Police of Ukraine. The purpose of the study is to define the concept and features of police administrative supervision and develop propositions for amending the existing legislation regulating law enforcement activity.
The relevance of the chosen topic is the fact that police officers’ powers to monitor the rule of law in the fields of economy and public administration can directly affect the rights and freedoms of individuals and the legitimate interests of legal entities. The scientific novelty of the study lies in the doctrinal definition of the concept of police administrative supervision and its features and the development of propositions for amending the Law of Ukraine "On the National Police".
The publications of scholars who studied the problems of police administrative supervision in various sectors of the economy and public administration were studied. The norms of legislative acts that establish the supervisory powers of the police are analyzed.
It is concluded that police administrative supervision is systematic monitoring of the compliance with Ukrainian legislation in the fields of economy, public administration, public life, and the application of coercive measures to offenders to stop the offense and bring them to justice. Features of police administrative supervision, such as regularity, legality, formality, publicity, have been identified. Police administrative supervision is protective. Its purpose is to stop and prevent violations of Ukrainian law. Administrative supervision over the compliance with the law is carried out in the areas of public order and public safety, public administration, business, drug trafficking, firearms and ammunition, road safety, and other sectors of the economy and public administration.
It is offered to make appropriate amendments to the Art. 2 of the Law of Ukraine "On the National Police". The results of the study can be used in lawmaking, law enforcement practice, and the educational process.
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Lippy, Charles H. "Chastized by Scorpions: Christianity and Culture in Colonial South Carolina, 1669–1740." Church History 79, no. 2 (May 18, 2010): 253–70. http://dx.doi.org/10.1017/s000964071000003x.
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Early in 1740, actor-turned-revivalist George Whitefield journeyed to Savannah after a preaching tour that had taken him to Philadelphia and New York before heading south to Charleston, where he arrived in January that year. At the time, Charleston was experiencing communal angst. A few months before, in September 1739, an uprising occurred in this colony where African slaves were a majority—perhaps even two-thirds of the population. Around two dozen whites lost their lives, and several plantations were burned. Popular belief held that a Catholic priest inspired the revolt since apparently many involved in the uprising were Catholic Kongo people who hoped to escape to St. Augustine where Spanish Catholic authorities had promised them freedom. The assault came on a Sunday early in September. Later that month new colonial legislation that required white men to be armed at all times—even while attending Sunday worship—would become law. Whites assumed that the timing was intended to assure that the revolt occurred before that provision took effect, since most did not ordinarily carry firearms to church on Sunday.
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Dellora, Carlo. "As easy as riding a bike? How mandatory bicycle helmet laws may harm those who can least afford it." Alternative Law Journal 44, no. 3 (May 6, 2019): 214–19. http://dx.doi.org/10.1177/1037969x19846655.
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This work takes compulsory helmet laws in Victoria and considers them from a new angle – namely that of someone living with a disability. While much has been written on mandatory helmet laws in terms of their broader societal implications, little has been done on their impact on society’s most vulnerable such as the disabled, the impecunious and the mentally impaired. Drawing on the author’s time at the Melbourne Magistrates’ Court as a framework, this article analyses the existing state of the law and provides a critique of its shortcomings – prosecuting the argument that existing legislation can have an unexpected impact upon the marginalised in our community, particularly those with a cognitive impairment.
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O’Brien, Wendy, and Kate Fitz-Gibbon. "Can Human Rights Standards Counter Australia’s Punitive Youth Justice Practices?" International Journal of Children’s Rights 26, no. 2 (May 3, 2018): 197–227. http://dx.doi.org/10.1163/15718182-02602004.
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Recent practices in the administration of youth justice across Australian state and territory jurisdictions reveal a powerful tension between the punitive imperative of “tough on crime” political populism, and internationally agreed minimum standards relevant to the treatment of children. In questioning the extent to which human rights standards can and should be used as a useful tool to counter punitive youth justice practices, this article identifies major points of discrepancy between Australia’s international legal obligations and the doctrine and operation of domestic criminal law as it applies to children in conflict with the law. Examining youth justice “crises” in two Australian states, the Northern Territory and Victoria, the article concludes that while child rights are not directly justiciable in Australia, global standards on youth justice provide a unifying discourse that is resistant to the vagaries of populism, and which can guide reform for child rights compliant youth justice legislation and practice.
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Coverdale, Richard. "Postcode Justice: Rural and Regional Disadvantage in the Administration of the Law." Deakin Law Review 16, no. 1 (August 1, 2011): 155. http://dx.doi.org/10.21153/dlr2011vol16no1art98.
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The paper signposts a number of issues identified within the research project: Postcode Justice — Rural and Regional Disadvantage in the Administration of the Law. It highlights key areas in which regional Victorians experience disadvantage in access to justice system services in comparison to their metropolitan counterparts. Issues raised by interviewees and survey participants demonstrate inherent problems with the current delivery of justice system services, programs and processes in regional Victoria. Briefly explored within the paper is the relationship of ‘distance’ to the delivery of justice. The paper suggests that little consideration is given to the spatial disadvantage experienced by regional communities in the development of legislation or the implementation of justice system programs, practices and procedures. The paper also examines the Magistrates’ Court criminal court programs which embrace the principles of ‘problem solving courts’ and ‘therapeutic jurisprudence’. While they are important innovations, these programs have had limited roll-out to regional communities. In its conclusion the paper suggests that an independent and unified ‘voice’ is needed to ensure a genuine and informed response to the diverse areas in which inequity exists in the delivery of justice system services to regional communities.
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Farhall, Kate, and Niki Vincent. "Gender Inequality Laid Bare: Transparency as a Tool to Drive Progress, Ethical Leadership and Good Governance in Victoria." Law in Context. A Socio-legal Journal 37, no. 2 (August 28, 2021): 125–31. http://dx.doi.org/10.26826/law-in-context.v37i2.145.
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The state, in particular through its ability to enact legislation, has the capacity to either perpetuate or confront forms of systemic and structural disadvantage and inequality. Increasingly, transparency is being seen as key to designing effective equality law, and the ambitious new Gender Equality Act 2020 (Vic) (The Act) is a leading example. The Act seeks to break down outdated stereotypes and systemic inequalities—particularly those that relate to gender. Central to the design of the Act is its commitment to transparency. The Act mandates a level of organisational transparency about the advancement of gender equality that has not previously been required in the public sector in Victoria, or in the rest of Australia. This transparency underpins the ambitious objectives of the Act and is integral to the obligations it puts in place to drive progress towards gender equality. A focus on transparency serves four main purposes in accelerating the pace of change towards a more gender-equal society and providing leadership in this arena. Firstly, it functions as a practical tool to encourage knowledge-sharing and innovation along the path to gender equality. Secondly, transparent reporting of defined entities’ progress towards gender equality acts as a form of pressure to make material progress, instead of participating in box-ticking exercises. Thirdly, the transparency within the Act is a marker of ethical leadership, by democratising knowledge in this space. Lastly, a commitment to transparency is a sign of good governance; it both allows the public to access and interrogate public sector progress towards gender equality and ensures that government plays a leadership role in pushing for positive social change. The Gender Equality Act 2020 (Vic) is thus an example of how laying bares our challenges related to organisational gender equality can help drive progress towards a more gender-equal future.
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Araújo, Diana, Carla Lima, João R. Mesquita, Irina Amorim, and Cristina Ochôa. "Characterization of Suspected Crimes against Companion Animals in Portugal." Animals 11, no. 9 (September 20, 2021): 2744. http://dx.doi.org/10.3390/ani11092744.
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Animal crimes are a widespread phenomenon with serious implications for animal welfare, individual well-being and for society in general. These crimes are universal and represent a major problem in human/animal interaction. In Portugal, current law 69/2014 criminalizes the mistreatment and abandonment of companion animals. This study characterizes forensic cases received at the Laboratory of Pathology of the National Institute of Agrarian and Veterinary Investigation (Vairão) since the enforcement of the aforementioned legislation. A retrospective study was carried out based on the consult of 160 data files of forensic necropsies from 127 dogs and 33 cats. Necropsies confirmed prior crime suspicion in 38 cases (24%), from which 33 were dogs and five were cats. Among confirmed cases, most of assaulted animals were medium-size (57%), crossbreed (55%) male (58%) dogs (87%), which were the victims of blunt force trauma (31%), firearms (27%), poisoning (27%) and asphyxiation (15%). In cats, most of the assaulted animals were juvenile (60%) females (60%) of unknown breed (40%), which suffered blunt force trauma (100%) as the only cause of death. The present study shows that violence against animals is a reality, and complaints about these crimes are gradually increasing due to the population’s raising awareness about animal rights. Greater communication and coordination between clinicians, veterinary pathologists, and law enforcement officers are essential to validate and legally support these cases and subject them to trial.
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Katusiime, Juliet, and Brigitta Schütt. "Towards Legislation Responsive to Integrated Watershed Management Approaches and Land Tenure." Sustainability 15, no. 3 (January 25, 2023): 2221. http://dx.doi.org/10.3390/su15032221.
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Land tenure affects integrated watershed management approaches in various ways, such as influencing land use and investment in sustainability practices and decisions. However, some land tenure and integrated watershed management relations need more examination, including how the prevailing relevant legislation responds and the needed course of action. In this paper, we provide relevant evidence to support a shift to responsive actions and legislation through (a) examining land tenure scenarios affecting integrated watershed management, including the public–private land tenure co-existence from a watershed perspective; (b) the responsiveness of the prevailing relevant legislation to integrated watershed management and the land tenure scenarios and (c) identifying legislative remedies recommendable for responsiveness. We use qualitative methods to review secondary data sources, including four legislations, and complement them with field survey data. Field experiences are from three sub-catchments in the Lake Victoria basin, each representing a different land tenure system, as case studies. Land tenure links with integrated watershed management in various ways, such as influencing land use decisions. However, underscoring the relationship from the private and public land tenure perspective also indicates a complex and tense spatial relationship. As such, it likely limits adopting sustainable land use and management practices in watersheds as a case. Regardless, the perceptions from the study area indicate the land tenure systems and forms enabling sustainable choices and decisions, despite limitations such as tenure insecurity. The disconnect between integrated watershed management aspirations of ensuring sustainability, the land tenure abilities and the subsequent human practices is mainly institutional, with the relevant legislation indicating a low to moderate level of responsiveness to integrated watershed management approaches and land tenure, thus, abating effectiveness. Therefore, we suggest a shift towards responsive programming and legislation and the adoption of model legislation to support responsiveness replication. We also recommend further studies to assess the legal gaps and feasibility thereof.