Journal articles on the topic 'Re-prosecution'
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1
Cole, T. B. "RE: "THE FAILURE OF ACADEMIC EPIDEMIOLOGY: WITNESS FOR THE PROSECUTION"." American Journal of Epidemiology 146, no. 9 (November 1, 1997): 788. http://dx.doi.org/10.1093/oxfordjournals.aje.a009359.
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Bhopal, R. S. "RE: "THE FAILURE OF ACADEMIC EPIDEMIOLOGY: WITNESS FOR THE PROSECUTION"." American Journal of Epidemiology 149, no. 5 (March 1, 1999): 485–86. http://dx.doi.org/10.1093/oxfordjournals.aje.a009837.
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Anderton, John. "Patent prosecution history as a predictor of re-examination success." Journal of Intellectual Property Law & Practice 2, no. 7 (June 8, 2007): 467–72. http://dx.doi.org/10.1093/jiplp/jpm075.
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Nugraha, Yodi. "OPTIMALISASI ASAS OPORTUNITAS PADA KEWENANGAN JAKSA GUNA MEMINIMALISIR DAMPAK PRIMUM REMEDIUM DALAM PEMIDANAAN." Veritas et Justitia 6, no. 1 (June 28, 2020): 213–36. http://dx.doi.org/10.25123/vej.3882.
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In the Indonesian criminal justice system, every public prosecutor possesses the authority to cease criminal prosecution in the name of public interest. In contrast, in the Netherland, only the Attorney General (Procureur Generaal) at the Supreme Court has this authority. This article discusses this authority to cease of terminate criminal prosecution in the name of public interest. To do this a comparative approach is used in which the ruling of this authority to terminate criminal prosecution as found in the Draft of the Indonesian Criminal Code will be compared against the same regulation and policy used in the Netherlands. A doctrinal and comparative law approach will be used. One recommendation resulting from this research is the need to re-evaluate the existing procedure and requirement of terminating criminal prosecution in the public interest in the Indonesian context and the introduction of Rechter-Commissaris into the criminal justice system.
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ARMSTRONG, J. "The Publication, Prosecution, and Re-publication of James Hanley's Boy (1931)." Library s6-19, no. 4 (January 1, 1997): 351–62. http://dx.doi.org/10.1093/library/s6-19.4.351.
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Armstrong, J. "The publication, prosecution, and re-publication of James Hanley's Boy (1931)." Library 19, no. 4 (December 1, 1997): 351–62. http://dx.doi.org/10.1093/library/19.4.351.
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Glaser, Sebastian, and Sarah Hartmann. "CJEU: Germany’s Public Prosecution Authorities Cannot be Regarded as a “Judicial Authority” with Regard to EAWs—The Truth or a Misconstrual of the Legal Reality?" German Law Journal 23, no. 4 (May 2022): 650–60. http://dx.doi.org/10.1017/glj.2022.36.
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AbstractThe judgment rendered by the Court of Justice of the European Union (CJEU) on May 27, 2019, deemed Germany’s prosecution service (Staatsanwaltschaft) legally incompetent for the purpose of issuing European arrest warrants (EAW) due to its lack of institutional independence. As a consequence, the question of how the German criminal prosecution system differs from the approaches taken by other European countries issuing European arrest warrants arises and raises the question of whether the German prosecution service truly is insufficiently independent in this respect. Debates amongst legal scholars have ensued in the wake of the CJEU’s judgment—the Court not yet having proffered any solutions regarding the re-establishment of the institutional independence—and this article shall discuss the lack of independence and acquaint the reader with possible solutions.
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Oberman, Michelle. "Two Truths and a Lie: In re John Z. and Other Stories at the Juncture of Teen Sex and the Law." Law & Social Inquiry 38, no. 02 (2013): 364–402. http://dx.doi.org/10.1111/j.1747-4469.2012.01310.x.
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Laws governing adolescent sexuality are incoherent and chaotically enforced, and legal scholarship on the subject neither addresses nor remedies adolescents’ vulnerability in sexual encounters. To posit a meaningful relationship between the criminal law and adolescent sexual encounters, one must examine what we know about adolescent sexuality from both the academic literature and the adults who control the criminal justice response to such interactions. This article presents an in-depth study of In re John Z., a 2003 rape prosecution involving two seventeen-year-olds. Using this case, I explore the implications of the prosecution by interviewing a variety of experts and analyzing the contemporary literature on sexual norms among youth. I also relate a series of interviews conducted with the major players in the prosecution. Examining this case from a variety of perspectives permits a deeper understanding of how the law regulates adolescent sexual encounters and why it fails.
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Smith, Bradford L. "In Re Letter of Request from Crown Prosecution Service of United Kingdom." American Journal of International Law 83, no. 4 (October 1989): 929–33. http://dx.doi.org/10.2307/2203384.
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Appellant, Thomas J. Ward, appealed a district court decision appointing commissioners to obtain evidence sought by the Crown Prosecution Service of the United Kingdom (Crown Service). The district court had appointed the commissioners pursuant to 28 U.S.C. §1782 (1982), to depose in the United States certain third-party witnesses with knowledge relevant to a criminal investigation in the United Kingdom. On review, the Court of Appeals for the District of Columbia Circuit (per Ginsburg, J.) affirmed the district court’s decision and held: that 28 U.S.C. §1782 authorized the appointment of the commissioners, even though there was no pending criminal proceeding in the United Kingdom when the depositions were requested and the procedure for the depositions might vary from that normally applicable in the United States. The court remanded the case, however, for a further determination to ensure that the depositions would comply with procedural rules applicable in the United Kingdom.
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Appludnopsanji, Appludnopsanji, and Pujiyono Pujiyono. "Restrukturisasi Budaya Hukum Kejaksaan Dalam Penuntutan Sebagai Independensi di Sistem Peradilan Pidana Indonesia." SASI 26, no. 4 (December 30, 2020): 571. http://dx.doi.org/10.47268/sasi.v26i4.359.
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The position of the prosecutor's office which is under two powers namely executive and judiciary causes the prosecutor's office to become an institution that is not independent and free, thus causing blemishes to commit fraud by prosecutors. This study aims to find out how the reality of the independence of prosecutors in prosecution and know how the cultural rearrangement for prosecutors in prosecution as a process of the criminal justice system. Research methods The research method uses normative research through a conceptual approach and a statue approach. The results showed that the ambiguous position of the prosecutor made the prosecutor hesitant in carrying out their duties, was not independent and was not free and there was a judicial mafia. With regard to this condition, re-structuring of the prosecutor's independence in prosecution is needed. This is intended so that the prosecutor's office becomes an independent institution by integrally restructuring the legal culture together with other criminal justice sub-systems through a religious approach, contextual approach and comparative approach
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Allahverdiyev, Alovsat. "Defining war crimes: a look to the prosecution by international criminal judicial bodies." Law Review of Kyiv University of Law, no. 2 (August 10, 2020): 427–33. http://dx.doi.org/10.36695/2219-5521.2.2020.84.
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The article is dedicated to the overview of the scope and application of international prosecution on war crimes. Although theterm “war crimes” is not a new concept in international law, different approaches exist in defining the precise limits of it. War crimesare always considered as one of the primary challenges and pecularities minimizing the whole efficiency of international law. Nevertheless,not all known prosecutions on war crimes ended with success. In traditional international law war crimes are always related tomilitary or armed conflicts what may be international or non-international conflict. History of international humanitarian law demonstratesthat almost all of the military conflicts were associated with war crimes. However, international law was not able to buil upstrong judicial mechanisms for the prosecution of war crimes for a long time. Modern type of international prosecution over war crimescan be linked to military tribunals established after World War I. At the same time, we should not forget that most of war crimes committedbefore and during WWI still remain unpunished. These problems demand new conceptual approach to the understanding of warcrimes as well as methodology of international prosecution. We know that first military tribunals were of quasi-international character.Although modern international law contains fully international military tribunals, still there are a lot of cases of failure to punish warcrimes. We need to understand that being a type of international crimes against peace and humanity, war crimes can be committed outsidethe active period of war. Thus, there is a need to re-define again the scope and subject matter of war crimes. On the other hand,prosecution of war crimes should be studied apart from other international law violations, human rights in particular.
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Dolganov, Anna. "A strategos on Trial before the Provincial Governor: a New Look at a Petition to the Roman Prefect of Egypt (P.Wisc. I 33)." Archiv für Papyrusforschung und verwandte Gebiete 67, no. 2 (December 1, 2021): 354–91. http://dx.doi.org/10.1515/apf-2021-0031.
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Abstract P.Wisc. 1 33 is a petition reporting an act of violence, supposedly committed against a strategos of the Arsinoite nome. A re-examination of the papyrus reveals that the strategos in question was not the victim, but was himself being summoned for trial before the governor. The document thereby attests to the most high-profile prosecution of an official in Roman Egypt for which documentary evidence survives.
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JHA, Anupam. "The Law on Trafficking in Persons: The Quest for an Effective Model." Asian Journal of International Law 8, no. 1 (October 27, 2016): 225–57. http://dx.doi.org/10.1017/s2044251316000266.
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AbstractInternational efforts to codify the law on trafficking in persons have been evolving since the early twentieth century. This paper re-examines this journey of law and divides the existing international and domestic legal regimes into three categories: the rescue model, quasi-curative model, and curative model. The study proposes the development of an effective legal model, which may rest on the twin pillars of shared state responsibility and long-term assistance to trafficking victims. In this model, it is argued that the enunciated principles of prosecution, protection, and prevention to combat human trafficking should not be dealt with in isolation, but in combination with the concepts of state responsibility and international financial co-operation to provide long-term assistance to the victims. My central argument focuses on the suitable legal regime in which the prosecution strategy is to successfully prosecute traffickers in person, improve survivors’ protection, and reinvigorate obligations imposed on the states.
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Rumadan, Ismail. "PROBLEM LEMBAGA PEMASYARAKATAN DI INDONESIA DAN REORIENTASI TUJUAN PEMIDANAAN." Jurnal Hukum dan Peradilan 2, no. 2 (July 31, 2013): 263. http://dx.doi.org/10.25216/jhp.2.2.2013.263-276.
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Many criminal problems that occurred in the prison showed that noble goal penitentiary establishment initiated by Sahardjo since its inception as a coaching institute, ethics and honor. That the person who lost had to give him stock diayomi live as good citizens and useful in society to be a difficult thing to achieve. This condition inspires us to re-review the (re-orientation) models that are used in a criminal prosecution of criminal law enforcement. Criminal law enforcement orientation semistinya not end at the prison in the form of criminal sanctions against the defendant, but the imposition of sanctions in the form of social sanction against the defendant with the crime scale reactive light need to be prioritized or preferably through a restorative justice approach. Keywords: Criminal Justice, the purpose of punishment, restorative justice.
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Alvarez, Ariel. "State Religious Exemptions and Child Medical Neglect: Ambiguity in Child Welfare Policy and Procedures." Public Voices 14, no. 1 (November 14, 2016): 61. http://dx.doi.org/10.22140/pv.45.
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The liberty interest of parents and the state’s role as parens patriae conflict in cases of re-ligious based child medical neglect. All 50 states, District of Columbia, and Puerto Rico provide some form of religious exemption against prosecution for religious based child medical neglect. State religious exemptions related to religious based denial of medical treatment contain one or more intervention thresholds based on parental liberty interest, best interest of the child, and harm standard.Using the 2010 National District Attorneys Association’s National Center for Prosecution of Child Abuse Religious Exemption Statutes, an in-depth examination of state medical neglect religious exemption legislation prior to August 2010 was conducted for the 50 states in the continental U.S., District of Columbia, and Puerto Rico. The study sample consisted of 16 states identified as including only a parental liberty interest provision in their state religious exemption statutes. A comparative analysis method was used to compare state child welfare agency/child protective services policy and procedure manu-als to determine: (a) which states provided guidelines for investigating religious based child medical neglect and (b) specific procedural requirements for investigating and re-sponding to cases of suspected or observed religious based child medical neglect. The best approach to balance parental liberty interest and states’ obligation as parens patriae to protect a child’s liberty interest of health and well-being is through policies based on the harm principle as the threshold for state intervention rather than the best interest or the liberty interest standard.
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Greer, Chris, and Eugene McLaughlin. "Theorizing institutional scandal and the regulatory state." Theoretical Criminology 21, no. 2 (May 9, 2016): 112–32. http://dx.doi.org/10.1177/1362480616645648.
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One by one, UK public institutions are being scandalized for corruption, immorality or incompetence and subjected to trial by media and criminal prosecution. The state’s historic response to public sector scandal—denial and neutralization—has been replaced with acknowledgement and regulation in the form of the re-vamped public inquiry. Public institutions are being cut adrift and left to account in isolation for their scandalous failures. Yet the state’s attempts to distance itself from its scandalized institutions, while extending its regulatory control over them, are risky. Both the regulatory state and its public inquiries risk being consumed by the scandals they are trying to manage.
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Ofori-Dua, Kwadwo, Nachinaab John Onzaberigu, and Richard Kofi Nimako. "Victims, the Forgotten Party in the Criminal Justices System: The Perception and Experiences of Crime Victims in Kumasi Metropolis in Ghana." Journal of Victimology and Victim Justice 2, no. 2 (October 2019): 109–28. http://dx.doi.org/10.1177/2516606919885516.
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Crime victims are an integral part of the criminal justice system. There has been recurrent consensus of opinion that without crime victims there can be no effective prosecution. Nevertheless, most studies have been crime-offender-centred. This research explored the experiences of the crime victim in the criminal justice system. Methodologically, this study employed a qualitative technique, face-to-face interviews to collect data. Purposive, snowball, expert sampling techniques were used to select respondents. The study revealed that although most crime victims were satisfied at the reporting stage, they were dissatisfied getting to the end of the criminal justice system process. Victims of offences as robbery and defrauding wanted their monies back after the imprisonment of offender whilst victims of violent crimes like rape, assault and murder want compensation to foot medical bills and other losses they incurred. Victims generally perceive that prosecution and conviction given to perpetrators were not deterring enough. The findings showed that crime victims felt re-victimised by CJS officials; especially because they were not treated with human dignity and the victims had many interesting conceptions of ‘being treated with dignity’ and ‘not being treated with dignity. The study concluded that the CJS should administer justice expeditiously and should be more inclusive.
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Bamidele, Seun. "Strengthening States’ and the International Community’s Responsibility to Protect Civilians: Revisiting the Prosecution of War Crimes Committed in Africa by the International Criminal Court (ICC)." African Journal of Legal Studies 11, no. 1 (June 11, 2018): 92–115. http://dx.doi.org/10.1163/17087384-12340029.
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AbstractThe silhouette of International Criminal Justice (ICJ) is fast changing across the globe. The change and transformation are connected to the criminalization of war, which has complicated the attraction of and engagement in the war for war-mongers. At least, the last few years had seen remarkable prosecution of war criminals in Africa. This is related to a relatively new thinking that informed the establishment of International Criminal Court (ICC) and global re-enforcement of war crime-related charges. Since the genocide in Rwanda, the establishment of the ICC has led to the prosecution of warlords. Also, the ICC has issued thirteen public warrants of arrest on war charges to actors and perpetrators in more than four African states. The case of President of Sudan, whose warrant of arrest had been issued regarding the crisis in Darfur, demonstrated that African leaders and war-mongers would be held responsible for their actions and atrocities they have committed. The lesson from the ICC is clear, war-mongers would be made to pay for their criminality. This article intends to examine the actions of the ICC on intra-state civil war crimes in Africa and assess whether ICC can act as deterrence on for intrastate war mongers in Africa.
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Clarke, Becky, and Patrick Williams. "(Re)producing Guilt in Suspect Communities: The Centrality of Racialisation in Joint Enterprise Prosecutions." International Journal for Crime, Justice and Social Democracy 9, no. 3 (August 5, 2020): 116–29. http://dx.doi.org/10.5204/ijcjsd.v9i3.1268.
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Joint enterprise (JE) is an extraordinary legal device deployed to punish and (re)produce those who are frequently presented as threatening the normative boundaries of the British state. In acknowledging the global relevance of over-representation and the use of collective punishment, this paper presents the accounts of prisoners who have been convicted under JE laws across England and Wales. Analysis reveals a particular process of criminalisation through police and crown prosecution teams’ construction of the ‘gang’ narrative in courtrooms to drive the disproportionate punishment of members of negatively racialised communities. Of concern, the findings reveal that young Black men in particular are at risk of being convicted and punished for offences they did not commit. This paper empirically demonstrates how such racial injustice originates from a series of targeted and criminalising policies and practices.
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Kvastek, Aleksandar. "The position of the injured party in a prosecutorial investigation." Glasnik Advokatske komore Vojvodine 93, no. 1 (2021): 43–86. http://dx.doi.org/10.5937/gakv93-28592.
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This paper will analyse the position of the injured party in an investigation conducted by the public prosecutor's office, which was implemented in the Republic of Serbia in 2011. After we have given the definitions of the injured party and the difference with the term victim, as a criminological category, we will discuss whether the Serbian Criminal Procedure Code (2011) takes a step back when it comes to the position of the injured party in criminal proceedings. First of all, the ability of the injured party to become a subsidiary prosecutor was limited, as it was prescribed that the injured party can take over criminal prosecution only after the confirmation of the public prosecutor's indictment, so the opportunity to acts as a subsidiary prosecutor does not exist in the manner in which it existed under the Criminal Procedure Code from 2001 of the Federal Republic of Yugoslavia. Then, we shall demonstrate how the position of the injured party was exacerbated in relation to deferred prosecution, as the injured party cannot submit an objection to the higher public prosecutor to re-examine the decision not to prosecute and the injured party's consent is not needed for this decision. The research conducted among deputy public prosecutors and attorneys for the purposes of this paper confirms the presumption that the Criminal Procedure Code in force downgraded the injured party's impact on the criminal proceedings.
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BIRN, RUTH BETTINA. "How Often Must We Re-Invent the Wheel? Reflections on the Most Efficient Structure of Prosecution Offices in International Courts and Why It is Not Generally Used." Leiden Journal of International Law 30, no. 4 (September 4, 2017): 987–1002. http://dx.doi.org/10.1017/s0922156517000425.
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AbstractAre historians or other country specialists needed in the investigation and prosecution of crimes under international law? Experiences at international tribunals, from the Nuremberg Trials to the present, offer different answers to this question. This article argues that country specialists are indispensable and demonstrates how, time and again, in international or national settings, practical necessities have led to structural models in which lawyers, investigators and country specialists work together. A ‘best practices’ model for interdisciplinary investigations adopted by a group of national and international prosecution units is presented in detail. When creating new international tribunals, the UN did not incorporate this model. What is needed for future tribunals is a structural framework of the Office of the Prosecutor, which includes country specialists.
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Williams, Patrick, and Becky Clarke. "The Black Criminal Other as an Object of Social Control." Social Sciences 7, no. 11 (November 13, 2018): 234. http://dx.doi.org/10.3390/socsci7110234.
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Throughout this paper, we contend that the ‘gang’ has been appropriated by the state as an ideological device that drives the hypercriminalisation of black, mixed, Asian, and other minority ethnic (BAME) communities. Drawing upon two research studies, we demonstrate how the gang is evoked to explain an array of contemporary ‘crime’ problems, which in turn (re)produces racialised objects to be policed. With particular reference to collective punishments, we suggest that “gang-branding” is critical to the development of guilt-producing associations that facilitate the arrest, charging, and prosecution of countless numbers of BAME people for offences they did not commit. As such, there is now an urgent need to ‘take seriously’ the criminalising intents of a dangerous criminology of the Other, which legitimises intrusive racist policing and surveillance, and justifies the imposition of deliberate harms upon racialised communities.
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Braun, Kerstin. "‘Home, Sweet Home’: Managing Returning Foreign Terrorist Fighters in Germany, The United Kingdom and Australia." International Community Law Review 20, no. 3-4 (July 5, 2018): 311–46. http://dx.doi.org/10.1163/18719732-12341378.
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Abstract Since 2011, the conflict in Syria and Iraq has seen unprecedented numbers of Westerners travelling to the region to support jihadist terror organisations, so-called Foreign Terrorist Fighters (‘FTFs’). However, since 2015, with Islamic State’s financial and territorial losses, the numbers of Western FTFs are dwindling and many are returning to their countries of origin. As a consequence, numerous countries are grappling with how to best manage potential security threats arising from returning FTFs. This article critically analyses legal and criminal justice strategies to address this phenomenon implemented in three Western countries from which a significant number of FTFs originate: Germany, the United Kingdom and Australia. It focuses on prosecution, prevention of re-entry and rehabilitation of returning FTFs. It suggests that a holistic approach focusing on punitive but also on de-radicalising and reintegrating measures is best suited to address the security risks FTFs pose long term.
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Aldous, Sam, Laura Beament, and David Hall. "UK: New Borders; New Approach." Global Trade and Customs Journal 16, Issue 9 (September 1, 2021): 419–28. http://dx.doi.org/10.54648/gtcj2021047.
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Until ten years ago, the UK’s approach to bribery and corruption, including at its borders, was fragmented, limited in scope and unsuccessful in tackling bribery across borders. This article focuses on the changes which the Bribery Act 2010 has brought about over the last decade which has elevated the UK’s anti-bribery regime to one which is highly regarded. One might expect the natural consequence of the Bribery Act’s international reach to be a dramatic increase in the number of prosecutions (particularly in relation to bribing public officials) – however that has not proved to be the case. This article shows that the Bribery Act has instead brought about a fundamental change of approach by lawmakers and businesses alike – which is not evident from the raw statistics. The Bribery Act’s power lies in the combination of its international reach and the obligations it places on commercial organizations to prevent bribery which have caused UK corporates (including those incorporated elsewhere but who carry on a business, or part of a business, in the UK) to significantly tighten their anti-bribery internal policies and procedures. The shift in focus from the individual to the corporate has also been reflected in the approach of UK law enforcement through their use of Deferred Prosecution Agreements which has resulted in corporate offenders being punished with unprecedented fines. The paper ends by asking whether Brexit and the re-establishment of a large number of hard borders with EU countries will lead to an increase in the number of prosecutions for bribing customs officials after all. Bribery Act 2010, bribery and corruption, corporate offence, commercial organization, failure to prevent, extra-territorial reach, strict liability, Deferred Prosecution Agreement
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Oakley, A. J. "Proprietary Claims and Their Priority in Insolvency." Cambridge Law Journal 54, no. 2 (July 1995): 377–429. http://dx.doi.org/10.1017/s0008197300083707.
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Two recent successful appeals to the Privy Council from the Court of Appeal of New Zealand have once again emphasised the importance of proprietary claims in conferring priority in insolvency over the claims of the general creditors of a bankrupt. Attorney-General for Hong Kong v. Reid1 concerned land in New Zealand purchased with the proceeds of bribes accepted by a Hong Kong Public Prosecutor as an inducement to exploit his official position to obstruct the prosecution of certain criminals. The Privy Council imposed a constructive trust where the Court of Appeal of New Zealand had, in accordance with precedent,2 denied one and thus enabled the Government of Hong Kong to recover the land in priority to any other creditors of the Public Prosecutor. In Re Goldcorp Exchange3 concerned the liquidation of a gold-dealer which had offered its purchasers the option of leaving their gold in its custody as “non-allocated bullion”.
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DOUGLAS, LAWRENCE. "The Didactic Trial: Filtering History and Memory into the Courtroom." European Review 14, no. 4 (September 8, 2006): 513–22. http://dx.doi.org/10.1017/s1062798706000524.
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The principle that perpetrators of atrocity should be brought to justice before courts of criminal law enjoys near total acceptance. However, because of the nature of the transgressions adjudicated, the major trials of perpetrators have also served a didactic and moral function in redefining and re-imposing rule-based legality. As a consequence, these trials address history and memory in the course of trying the accused. This essay examines three particular filters that affect the way the memory and history of the events concerned enter the trial process: first, the nature of the evidence admitted; second, the substantive incriminations directed at the accused; and third, the principle of criminal accountability deployed by the prosecution. The essay also considers how the timing and place of the trial influence its didactic value. Ultimately, the didactic and moral effectiveness of such trials is beyond the control of the courts and can only be evaluated over the longer term.
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COLLINS, CATH. "Grounding Global Justice: International Networks and Domestic Human Rights Accountability in Chile and El Salvador." Journal of Latin American Studies 38, no. 4 (October 24, 2006): 711–38. http://dx.doi.org/10.1017/s0022216x06001581.
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The UK detention of former Chilean dictator Augusto Pinochet in 1998 was hailed at the time as an unprecedented demonstration of the possible efficacy of ‘global civil society’ networks in holding former heads of state to account for crimes against humanity. This article nonetheless questions the concept, as well as the practical efficacy, of globalised civil society action or ‘human rights lawyering’ as a trigger for the prosecution of past human rights violations. Based on extensive field research, the article argues that domestic factors, including domestic actor pressure and national judicial change, have proved more significant than international law or international activism in recent re-irruptions of the human rights accountability issue in Latin America's Southern Cone. The case of El Salvador, meanwhile, shows that transnational initiatives, while occasionally successful in their own right, have not been able to interrupt or foreshorten domestic post-transitional trajectories to the extent of independently creating favourable accountability conditions.
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Finnane, Mark, Andy Kaladelfos, and Alana Piper. "Sharing the archive: Using web technologies for accessing, storing and re-using historical data." Methodological Innovations 11, no. 2 (May 2018): 205979911878774. http://dx.doi.org/10.1177/2059799118787749.
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Historical data pose a variety of problems to those who seek statistically based understandings of the past. Quantitative historical analysis has been limited by researcher’s reliance on rigid statistics collected by individuals or agencies, or else by researcher access to small samples of raw data. Even digital technologies by themselves have not been enough to overcome the challenges of working with manuscript sources and aligning dis-aggregated data. However, by coupling the facilities enabled by the web with the enthusiasm of the public for explorations of the past, history has started to make the same strides towards big data evident in other fields. While the use of citizens to crowdsource research data was first pioneered within the sciences, a number of projects have similarly begun to draw on the help of citizen historians. This article explores the particular example of the Prosecution Project, which since 2014 has been using crowdsourced volunteers on a research collaboration to build a large-scale relational database of criminal prosecutions throughout Australia from the early 1800s to 1960s. The article outlines the opportunities and challenges faced by projects seeking to use web technologies to access, store and re-use historical data in an environment that increasingly enables creative collaborations between researchers and other users of social and historical data.
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Fuchs, Andréa Márcia Santiago Lohmeyer, Nathalia Coppini, and Gisela Júlia Moraes Willwock. "ACOLHIMENTO INSTITUCIONAL, JUDICIALIZAÇÃO DE DIREITOS E A CONVIVÊNCIA FAMILIAR E COMUNITÁRIA." Colloquium Socialis 5, no. 2 (January 31, 2022): 11–25. http://dx.doi.org/10.5747/10.5747/cs.2021.v5.n2.s135.
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The article aims to discuss the judicialization of violated rights of children and adolescents, having the Institutional Foster Care processes as the object of study. This research, conducted in 2021, analyzed documents from 32 judicial proceedings. The selective steps considered the existence of a petition filed by the Guardianship Council, a statement by the Public Prosecution and the Judicial Foster Care Form. The interpretation and analysis of the collected qualitative data was based on the Content Analysis technique. The research results suggest, among others, that the violation factor (family neglect) is expressively indicated as a motivation for institutional foster care, and that the measures applied by the justice system to parents or guardians are expressed in rare articulations between public policies for social protection. Furthermore, the data suggest that the Rights Guarantee System has not prioritized the right to family and community coexistence, which re-victimizes children and adolescents and violates infra-constitutional principles, first by institutionalization them and second by the suspending visits from parents, guardians and/or extended family members, thus breaking family ties.
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Rwelamira, Medard R. "Murder without Corpus Delicti: A Brief Excursus on Circumstantial Evidence." Journal of African Law 36, no. 2 (1992): 132–39. http://dx.doi.org/10.1017/s0021855300009852.
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This comment sets out to re-examine the problems associated with circumstantial evidence in instances of murder where there is no trace of a body or corpus delicti. This curiosity has been rekindled by the recent decision of Rooney, Ag. C. J., of the High Court of Swaziland in the case of King v. John Spokes Lawrence Madeleke. Besides the bizarre events which characterize its details, the case has brought to the fore once again the need to re-examine the principles underlying circumstantial evidence. Of particular interest is the basis of relying on such evidence as well as the weight to be attached to it particularly if it is the only basis on which a conviction on charge of murder is sustained. It is also contended that the decision in the Madeleke case, the first of its kind in Swaziland judicial history, has implications which go beyond its jurisdictional boundaries. Swaziland's juridical ties with Roman-Dutch law make the arguments interesting, especially for those concerned with comparative jurisprudence in the neighbouring states including South Africa.It is first important to review briefly the relevant facts. In Madeleke the accused was charged with and subsequently convicted of the murder of his wife, Sheila, on the night following 17 January, 1991. The case for the prosecution was that Sheila was dead, murdered by her husband. To establish this proposition the Crown relied entirely upon circumstantial evidence. The most significant was that given by Thulie, the domestic servant of the accused.
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Dube, Dipa, and Ankita Chakraborty. "Rising Waves of Feminism or Faltering Steps of Criminal Justice – What Plagues India?" International Annals of Criminology 58, no. 2 (November 2020): 217–36. http://dx.doi.org/10.1017/cri.2020.28.
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AbstractIn the recent past, the #MeToo movement has shaken India. A docket of high-flying names, from politicians to celebrities and journalists, have come under scrutiny for alleged sexual abuse of women. Flagged by a Bollywood actress, the #MeToo campaign in India ignited feminists, academicians, and policymakers to re-examine women’s continued abuse in all sections of society. Despite a stringent legal regime enforced after the Nirbhaya tragedy, the abuse of women continues unabated. Feminists opine that violence against women remains an ongoing concern that is heightened in the face of a waning criminal justice system that fails to address their plight. Lack of confidence in the system discourages women from approaching the authorities, something palpable in #MeToo allegations, where women preferred to remain silent in the face of inevitable backlash from society, lack of support and cooperation from police and prosecution and finally, courts, where the victim is positioned as the accused to respond to questions of how and why? This article examines the #MeToo movement against the rising crime graph’s backdrop and the criminal justice system’s consequent failure to respond to the same.
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Zaytsev, Aleksandr V. "INVESTIGATIVE BODIES IN THE TERRITORY OF KOSTROMA PROVINCE IN SOVIET RUSSIA (before the formation of Kostroma Region)." Vestnik of Kostroma State University, no. 2 (2020): 265–69. http://dx.doi.org/10.34216/1998-0817-2020-26-2-265-269.
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The article examines the process of formation of investigative bodies in the territory of modern Kostroma Region from 1917 to August 1944, that is, from the fi rst post-revolutionary years until the re-establishment of Kostroma Region. Based on the study of archival and memoir sources, the author introduces into the scientifi c circulation new, previously unknown information about the activities of the investigative apparatus and individual local investigators. The article provides the names of specifi c investigative workers who functioned in the prosecution authorities in the studied period of time. Separate criminal cases are described that were in the proceedings of the investigators who worked in Kostroma Region. When writing the article, the author used such research methods as comparative analysis, elements of a systemic, dialectic and historical approaches. The main conclusion is the thesis that the establishment of the investigative apparatus in the territory of Kostroma Region was diffi cult, due to a lack of qualifi ed personnel and a large amount of work. However, this process took place in strict accordance with the laws and other regulations in force at that time.
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Hawes, Richard A. "The Regulation of Chemical Nuisances in Liverpool, c. 1820-1840." Transactions of the Historic Society of Lancashire and Cheshire: Volume 169, Issue 1 169, no. 1 (January 1, 2020): 63–85. http://dx.doi.org/10.3828/transactions.169.6.
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This re-examination of the successful indictment of James Muspratt and other polluting alkali manufacturers by Liverpool’s Town Council in 1838 shows that overt hostility appeared during an earlier campaign against coal smoke by the Liverpool Select Vestry. The radical Council elected in December 1835, however, preferred not to intervene directly but by introducing a pioneering bye-law supplementing the ways the aggrieved could act on their own behalf. The high rate of conviction at the consequent summary trials is explained as the inability of defence counsel to prove that the comfort of their clients’ neighbours had not been disturbed by chemical pollutants, but the failure of the manufacturers to use the effective remedial devices they had promised meant that the nuisance and smoke remained, at their worst around the North Corporation School. A previously unnoticed instruction by the Council’s Education Committee to the Town Clerk to investigate fresh action is shown to have led to the indictments of 1838, a decision widely welcomed in Liverpool. The convictions were followed by systematic supervision from police officers and prosecution by the Council’s legal officers and the most offensive processes were abandoned within 18 months.
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Sullivan, Barbara. "Rape, Prostitution and Consent." Australian & New Zealand Journal of Criminology 40, no. 2 (August 2007): 127–42. http://dx.doi.org/10.1375/acri.40.2.127.
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Sex workers are particularly vulnerable to sexual assault. However, until recently, there were significant barriers to the prosecution of those who raped sex workers. Prostitutes were seen as ‘commonly’ available to men, as always consenting to sex and thus as incapable of being raped. This article examines 51 judgments — from the United Kingdom, Australia, Canada and New Zealand — where evidence of prostitution was presented between 1829 and 2004. It demonstrates an important change in the 1980s and 1990s when, for the first time, men began to be prosecuted and convicted for raping sex workers.This change was partly due to rape law reform, but also to feminist activism and broader changes in social attitudes to rape. The article argues that sex workers have recently been ‘re-made’ in law as women vulnerable to rape, as individuals able to give and withhold sexual consent. This development needs to be taken seriously so that law and policy addressed to the sex industry works to enlarge (not reduce or constrain) the making of prostitutes as subjects with consensual capacity. This necessarily involves attention to more legal rights for prostitutes, as workers, and calls into question the conceptualisation of prostitution as always involving rape.
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Joyce, Christopher. "and ‘all the laws’ (Andocides, On the Mysteries 81-2): A Reply to E. Carawan." Antichthon 48 (2014): 37–54. http://dx.doi.org/10.1017/s0066477400004731.
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AbstractThe normal interpretation of the oath μή μνησικακεĩν in Greek legal terminology is ‘to forget past wrongs’. Conventionally, the Athenian amnesty of 403 BC, in which the phrase is best documented, has been understood as an undertaking by both sides to draw a line under the past and prevent revisitation of cases which predated the restoration of democracy in that year. This article defends that view against the revisionist interpretation of E. Carawan in JHS 122 (2002) and CQ 62 (2012), which claims (a) that there was no general amnesty when democracy was restored to Athens, and (b) that the scrutiny of laws which followed was limited to ones affecting the amnesty’s beneficiaries. The oath forbade prosecution of all crimes committed in the time of the Thirty or before, and was therefore more than a mere technicality which sealed specific terms of agreement between the warring factions who came to terms. The scrutiny of laws encompassed all the laws of Athens and not a subset pertaining to a limited set of concerns. The revised laws were re-inscribed in the environs of the Stoa Basileios for future consultation.
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Cowling, Daniel. "Anglo–German Relations After 1945." Journal of Contemporary History 54, no. 1 (July 14, 2017): 82–111. http://dx.doi.org/10.1177/0022009417697808.
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This article re-examines the 1949 war crimes trial of Field Marshal Erich von Manstein, a leading figure in the Wehrmacht High Command during the Second World War. His case, the final British war crimes trial of the immediate postwar era, was fraught with political sensitivity in the face of the Cold War. This research uncovers the gradations and conflicts that characterized British public responses to the Manstein trial, largely overlooked in the existing historiography. It is shown how the successful prosecution of one of the Wehrmacht’s most emblematic commanders for his complicity in the Holocaust became entangled with some of the most contested and controversial issues of postwar Europe. This study highlights, above all, the capacity of powerful political and social elites to instrumentalize the past, disfiguring memories of Manstein's guilt and its manifold implications. These findings serve as an enlightening case study for British cultural memory of the German past, the Second World War, and the Holocaust in the face of an increasingly potent politics of memory. This research thus gets to the heart of the interactions between popular perceptions, collective memory, and political relations so essential to understanding Anglo–German relations after 1945.
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Abbas, Hafiz Ghulam, Anser Mahmood Chughtai, and Khalid Hussain. "Juvenile Justice System in Pakistan: A Critical Appraisal." International Research Journal of Education and Innovation 3, no. 1 (March 31, 2022): 76–92. http://dx.doi.org/10.53575/irjei.v3.01.8(22)76-92.
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This research delineates the concept of Juvenile Delinquency and unfurls the rudimentary underpinnings, requisites and contours of the Juvenile Justice System in Pakistan. In the second half of 20th century, the concern for protection of best interest of juveniles has attracted attention under international conventions and national legislation, whose overarching and overriding aim is to deal and manage this crucial issue of juvenile delinquency while keeping in view the ‘best interests of the child’ and ‘safeguard of their fundamental rights’. However, unfortunately some basic shortcomings persist in the overall Criminal Justice System of Pakistan to which Juvenile Justice System is a part, inter alia, overcrowding and inhuman conditions of detention centers, incapacitated staff of the prisons, callousness, abuse and exploitation at the hands of police, pathetic prosecution system and an overwhelmed judicial system whose eventualities culminate in problems for pre-trial offenders awaiting their trials, a fragile probation and parole system and lack of other diversionary measures to detention that can help reduce a great chunk of prisoners from already brimmed prisons. Juvenile Justice System particularly focuses upon not bringing the juvenile offenders encounter formal Criminal Justice System rather puts emphasis on alternate measures for the rehabilitation, re-socialization, and re-integration of the juveniles into the society. This research elaborately seeks to highlight the issues surrounding Juvenile Justice System in Pakistan and puts forward certain recommendations for the improvement of the said System with the aim of assisting policy and law makers to establish practicable strategies, translating Juvenile Justice System ‘on paper’ to ‘in practice’. For conduct of research doctrinal method has been employed with analytical and critical approach.
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Adegbonmire, Jumoke. "The death of Jamal Kashoggi: Issues of Human Rights Violations and International Law." Review of Human Rights 4, no. 1 (August 22, 2019): 50–63. http://dx.doi.org/10.35994/rhr.v4i1.89.
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State responsibility is a cardinal principle of international law. The doctrine of State sovereignty under international law accords States’ legal personality and requires that they fulfill international obligations. International law imposes obligations on States to perform their duties in ensuring that a breach of international law does not go unpunished. Consequences for such actions means that States need to adhere to procedural and substantive law in addition to offering reparation for the violation of an international obligation. In the past, violation of an international obligation was only attributed to States as they were considered to be the only entity that could possess rights and duties within the international sphere. Therefore States were considered to be the only ones that could be criminally liable for acts that could be attributed to them. But the development in human rights law and the advent of rules governing personal criminal responsibility has extended the scope of international obligations under international law to include States and individuals as being liable for international crimes. The international law disallows immunity from prosecution in foreign domestic courts for the most serious crimes: Re-Pinochet case. This means State responsibility and individual responsibility for wrongful acts are not mutually exclusive.
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Akhtyrska, N. "ASSESSMENT OF THE CONCLUSIONS OF «SCIENTIFIC JUDGES» IN THE PRACTICE OF THE EUROPEAN COURT OF HUMAN RIGHTS." Criminalistics and Forensics, no. 64 (May 7, 2019): 125–37. http://dx.doi.org/10.33994/kndise.2019.64.09.
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The article, based on an analysis of judicial and investigative practices, highlighted the complex issues relating to the legal status of an expert and a specialist, ensuring their independence, evaluating and using the conclusions of an expert and a specialist by the court in strict compliance with and ensuring the principle of equality of the parties in the criminal process. The defense has the right to request the cross-examination of the expert, regardless of whether he was questioned at the pre-trial investigation stage. This does not exclude the possibility of using the previous testimony in court (protocol, audio, video recording), but only for the purpose of establishing contradictions. Refusal to satisfy the petition is a violation of the Convention requirements for a fair trial and equality of the parties. A tacit refusal of any guarantee of justice is not excluded, but at the same time, the existence of such a refusal must be proved «unequivocally». The court is obliged to accept as evidence from the defense the findings of the expert on the same issues on which the prosecution provided the findings of the state examination. The rules of admissibility of evidence may sometimes be contrary to the principles of equality of the procedural capacities of the parties and the adversarial process or otherwise affect the fairness of the proceedings. The rules for the admissibility of the conclusions of a specialist should not deprive the party of defense of the opportunity to effectively challenge them, in particular, by using them in the case or obtaining other opinions and conclusions. The state prosecution is obliged to disclose to the defense all available evidence (the conclusions of the examination for the benefit of the prosecution, and for the benefit of the defense). Hiding expert conclusions is a violation of the principle of equality of the parties. In the context of globalization, it is often necessary to use evidence obtained in the territory of a foreign state. All documents must be provided to the defense for review in plain language. If at the end of the investigation some documents are not translated and it is provided only after the start of the judicial review, the court is obliged to announce their contents and provide them for review. According to the Court, this does not constitute a violation of the right to defense. In case of poor-quality translation, the party has the right to request a re-transfer. If documents in a foreign language remain in the case file (without translation), this does not indicate a violation of convention standards if the arguments contained in these documents are not based on the indictment or conviction. Thus, in order to provide methodological assistance to law enforcement agencies and courts in the application of legislation related to the involvement of experts and the assessment of their findings, it is necessary to develop guidelines with regard to international standards, convention requirements, as well as to make changes and additions to existing legislation. Key words: criminal proceedings, «scientific judges», questioning of an expert, expert opinion, specialist opinion, European Court of Human Rights.
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Наумова, А. О., and М. С. Куча. "Appointment and Conduction of Examinations: Legislative and Practical Problems." Bulletin of Kharkiv National University of Internal Affairs 86, no. 3 (September 24, 2019): 80–88. http://dx.doi.org/10.32631/v.2019.3.08.
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It has been noted that the problems of procedural guaranteeing of the rights of victims, suspects (accused) in terms of reforming the criminal procedural legislation are relevant during the appointment and holding of the examination and require further research.
The aim of this study is to analyze the current criminal procedural legislation on the appointment and conduction of examination and to develop propositions for its improvement.
The authors of the article have analyzed the existing procedural legislation on the appointment and conduction of examination; have defined the problematic issues of procedural guaranteeing of the rights of victims, suspects (accused) in the appointment and conduction of examination; and have offered the ways to solve them; have substantiated the need for legislative regulation of additional and re-examination of explosive and technical examination and have provided forensic recommendations to eliminate these problems.
Based on the conducted research, the authors have provided the following suggestions and recommendations:
1) to enshrine the right of the prosecution and defense parties in the Art. 243 of the Criminal Procedural Code of Ukraine (CPC) to independently appoint an examination;
2) to declare it appropriate to supplement Section 3 of the CPC with the Art. 56-1 “Rights of the victim in the appointment and conduction of examination”, which should enshrine the relevant rights;
3) to declare it expedient to supplement Section 20 of the CPC of Ukraine with the Art. 242-1, which should determine the rights of the suspect (accused) in the appointment and conduction of examination;
4) to standardize the procedure for the appointment of additional expertise in paragraph 11 of the Art. 101 of the CPC;
5) to standardize the procedure for the appointment of re-examination in paragraph 12 of the Art. 101 of the CPC;
6) to recommend investigators and judges to determine the expert’s questions depending on the objects of expert examination;
7) to improve the stage of experimental testing of objects in carrying out explosive examination.
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Di Domenica, Alessandra, and Alberto Pizzi. "Defining a mid-Holocene earthquake through speleoseismological and independent data: implications for the outer Central Apennines (Italy) seismotectonic framework." Solid Earth 8, no. 1 (February 10, 2017): 161–76. http://dx.doi.org/10.5194/se-8-161-2017.
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Abstract. A speleoseismological study has been conducted in the Cavallone Cave, located in the easternmost carbonate sector of the Central Apennines (Maiella Massif), in a seismically active region interposed between the post-orogenic extensional domain, to the west, and the contractional one, to the east. The occurrence of active silent normal faults, to the west, close to blind thrusts, to the east, raises critical questions about the seismic hazard for this transitional zone. Large collapses of cave ceilings, fractures, broken speleothems with new re-growing stalagmites on their top, preferential orientation of fallen stalagmites and the absence of thin and long concretions have been observed in many portions of the karst conduit. This may indicate that the cave suffered sudden deformation events likely linked to the occurrence of past strong earthquakes. Radiocarbon dating and, above all, the robust correspondence with other coeval on-fault and off-fault geological data collected in surrounding areas outside the cave, provide important constraints for the individuation of a mid-Holocene paleoearthquake around 4.6–4.8 kyr BP. On the basis of the available paleoseismological data, possible seismogenic sources can be identified with the Sulmona normal fault and other active normal fault segments along its southern prosecution, which recorded synchronous strong paleoevents. Although the correlation between speleotectonic observations and quantitative modeling is disputed, studies on possible effects of earthquake on karstic landforms and features, when corroborated by independent data collected outside caves, can provide a useful contribution in discovering past earthquakes.
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Grubač, Momčilo. "Beginning or continuance of the reform of Serbian criminal procedural law." Glasnik Advokatske komore Vojvodine 78, no. 9 (2006): 83–96. http://dx.doi.org/10.5937/gakv0603083g.
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This Article represents author's reaction to the idea of initiating preparation of the new Serbian Criminal Procedural Law and achieving this goal in a short term of several months. The author thinks that this idea is uwustifiable for several reasons. Instead of drafting the new criminal code we shall take into consideration what has already been done, and we shall proceed with the reform by amending and supplementing the existing Criminal Code, by making it legally perfect in respect of several clearly defined issues, which obviously require such intervention. The author makes references to seven issues that require consideration in the reform of Serbian criminal procedural law. According to him it is necessary to: [1] make a final draft of the Criminal Code; [2] amend Criminal Code and add more detailed provisions on witness protection and protection of inured persons in the criminal procedure; [3] remove the provision on international criminal assistance and extradition from the Criminal Code and adopt a State Union law; [4] potentially change the model of investigation proceedings, by transferring investigation to the competence of the state prosecution or police and referring to the investigating judge so that he can only pass decisions on limitation of human rights during the proceedings; [5] re-evaluate once more whether the Criminal Code is in compliance with European Convention on protection of human rights and fundamental freedoms [6] harmonize the Criminal Code with later adopted constitutional provisions (Constitutional Charter 2003) and with the provisions of new Criminal Code 2005; [7] take into consideration justifiable objections of the court practice.
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Grillo, Luca. "A DOUBLE SERMOCINATIO AND A RESOLVED DILEMMA IN CICERO'S PRO PLANCIO." Classical Quarterly 64, no. 1 (April 16, 2014): 214–25. http://dx.doi.org/10.1017/s0009838813000669.
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In the litigious world of ancient Rome patroni were often torn between conflicting bonds of loyalty, and this is the dilemma that Cicero laments in the exordium of the Pro Plancio (5). Both the prosecutor, Laterensis, and the accused, Plancius, were personal friends, and Cicero bemoans the quandary: either upsetting Laterensis by comparing him unfavourably with Plancius, or letting down his client. A second problem for Cicero was that the prosecution also took the opportunity to impugn him as the creature of Pompey and Caesar, so that Cicero had to defend himself as much as his client. Two examples of sermocinatio (an imaginary dialogue with a personified entity) helped him to face these challenges: these sermocinationes are Cicero's main strategy for getting out of the conundrum but, in spite of their relevance to his line of argument, they have received very little attention. In this article, after a brief historical contextualization, I analyse each sermocinatio, arguing that Cicero cunningly sets aside the dilemma of comparing two friends by constructing an alternative comparison between Laterensis and himself, and that such a comparison, which is highly selective, re-establishes his own positive public image. The two sermocinationes, moreover, also display some meaningful textual references which have remained unnoticed: in the final part of this paper I set them against the backdrop of Plato's Crito and of Cicero's letter to Lentulus (Fam. 1.9), arguing that the reference to the Crito supports Cicero's strategy of contrasting himself with Laterensis and that comparison with Fam. 1.9 illuminates the connection between the Pro Plancio and Cicero's broader post reditum self-defence.
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Pham, Phuong N., Mychelle Balthazard, and Patrick Vinck. "Assessment of Efforts to Hold Perpetrators of Conflict-related Sexual Violence Accountable in Central African Republic." Journal of International Criminal Justice 18, no. 2 (May 1, 2020): 373–96. http://dx.doi.org/10.1093/jicj/mqaa009.
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Abstract Sexual violence is commonly described as an epidemic in the Central African Republic (CAR) and other conflict settings. In response, the government and the international community have launched major efforts to combat sexual violence, including the investigation and prosecution of sexual crimes and offences by the ordinary justice system, the Special Criminal Court in the Central African Republic, and the International Criminal Court. Yet, little is known about how these efforts are perceived among the population and about their effectiveness at reducing exposure in a context of ongoing violence. This article builds on a unique series of four surveys conducted at six-month intervals between 2017 and 2018 with a total of 25,143 randomly selected adults. It assesses the magnitude of sexual violence and shows that respondents positively perceive efforts to combat sexual violence and increasingly understand and trust the justice system. Disclosure of sexual violence is increasing, but only one in five victims files a formal complaint with security and justice actors. Factors undermining disclosing or filing of complaints about these widespread events include fear of retaliation, re-traumatization, and stigmatization. Investigating sexual crimes in a context of insecurity is extremely challenging and the work of the various courts is hindered by practical, procedural, and social challenges detailed in this article, as well as the need to coordinate prosecutorial strategies. There is an urgent need to build capacity and to ensure appropriate and compassionate treatment towards those who have been assaulted. Monitoring perception of criminal justice efforts is an important step towards understanding their contribution to ending sexual violence and to peace.
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Ben-Nun, Gilad. "Victor’s Justice? Cultural Transfer and Public Imagery from Nuremberg to The Hague." Pólemos 13, no. 1 (April 24, 2019): 7–24. http://dx.doi.org/10.1515/pol-2019-0002.
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Abstract At the heart of this paper lies the perennial problem of the legitimacy of tribunals judging war criminals and the role of public imagery in countering Victor’s Justice challenges. The paper follows along the paths of components of the cultural transfer from Nuremberg and Tokyo international tribunals (1946–1948) for the prosecution of war criminals post World War II through the Eichmann trial in Jerusalem (1961) to the International Criminal Tribunal for the former Yugoslavia in The Hague (1993), focusing on two specific ‘carriers’ of this cultural transfer: “Law” and “Architecture.” By Law, I mean the copying and re-application of similar legal procedures, the active participation of certain people within two of the three instances, and even the carrying forward of physical pieces of evidence from one trial to another. By Architecture, I mean the actual construction of the trial chamber in all three places. The location of the judges’ bench, the defendants’ dock, the witnesses stand, and the inter-relational architectural flow which became characteristic of each of these Lieux de Justice. In terms of public imagery, important counter measures to Victor’s-Justice claims also included the ample facilitation of journalist coverage, the provision of full translation services for the defendants (countering claims of linguistic non-misunderstanding), and the holding of the defendants in humane conditions of incarceration, in a somewhat deliberate juxtaposing countenance to their own crimes which habitually included concentration camps and harshly inhumane incarceration facilities. The paper concludes with a recalibration of Hannah Arendt’s mistaken claim vis-à-vis Eichmann, in contrast to her important understandings concerning the banality of evil.
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Prabowo, Hendi Yogi, and Kathie Cooper. "Re-understanding corruption in the Indonesian public sector through three behavioral lenses." Journal of Financial Crime 23, no. 4 (October 3, 2016): 1028–62. http://dx.doi.org/10.1108/jfc-08-2015-0039.
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Purpose Based on the authors’ study, the purpose of this paper is to better understand why corruption in the Indonesian public sector is so resilient from three behavioral perspectives: the Schemata Theory, the Corruption Normalization Theory and the Moral Development Theory. Design/methodology/approach This paper examines corruption trends and patterns in the Indonesian public sector in the past decade through examination of reports from various institutions as well as other relevant documents regarding corruption-related issues to gain a better understanding of the behavioral mechanisms underlying the adoption of corruption into organizational and individual schemata. This paper also uses expert interviews and focus group discussions with relevant experts in Indonesia and Australia on various corruption-related issues. Findings The authors establish that the rampaging corruption in the Indonesian public sector is an outcome of cumulative decision-making processes by the participants. Such a process is influenced by individual and organizational schemata to interpret problems and situations based on past knowledge and experience. The discussion in this paper highlights the mechanisms of corruption normalization used to sustain corruption networks especially in the Indonesian public sector which will be very difficult to break with conventional means such as detection and prosecution. Essentially, the entire process of normalization will cause moral degradation among public servants to the point where their actions are driven solely by the fear of punishment and expectation of personal benefits. The three pillars of institutionalization, rationalization and socialization strengthen one another to make the entire normalization structure so trivially resilient that short-term-oriented anti-corruption measures may not even put a dent in it. The normalization structure can be brought down only when it is continuously struck with sufficient force on its pillars. Corruption will truly perish from Indonesia only when the societal, organizational and individual schemata have been re-engineered to interpret it as an aberration and not as a norm. Research limitations/implications Due to the limited time and resources, the discussion on the normalization of corruption in Indonesia is focused on corruption within the Indonesian public institutions by interviewing anti-fraud professionals and scholars. A more complete picture of corruption normalization in Indonesia can be drawn from interviews with incarcerated corruption offenders from Indonesian public institutions. Practical implications This paper contributes to the development of corruption eradication strategy by deconstructing corruption normalization processes so that the existing resources can be allocated effectively and efficiently into areas that will result in long-term benefits. Originality/value This paper demonstrates how the seemingly small and insignificant behavioral factors may constitute “regenerative healing factor” for corruption in Indonesia.
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Carawan, Edwin. "The Athenian amnesty and the ‘scrutiny of the laws’." Journal of Hellenic Studies 122 (November 2002): 1–23. http://dx.doi.org/10.2307/3246202.
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AbstractThe ‘scrutiny of all the laws’ that Andocides invokes in his defence On the Mysteries is usually interpreted as a recodification with the aim of barring prosecution for the crimes of civil conflict. This article advances four theses against that traditional reading: (1) In Andocides' argument the Scrutiny was designed for a more practicable purpose, not to pardon crimes unpunished but to quash any further action against former atimoi, those penalized under the old regime but restored to rights in 403. In context, coming close upon the summary of Patrocleides' decree, ‘all the laws’ means all laws affecting atimoi. (2) The other evidence from inscriptions and literary testimony, for the Athenian Amnesty and similar agreements, supports this reading: the oath that closed the covenants, mê mnêsikakein, functions as a rule of estoppel or ‘no reprise’; it was not in itself a pledge of ‘political forgiveness’. In regard to the Scrutiny, as in Patrocleides' decree, the oath means that old penalties, now cancelled, can never again be enforced. (3) The Scrutiny itself was a reauthorization of the old laws for summary arrest and other standard remedies against atimoi who trespass or violate their restrictions. As a corollary to this re-enactment, the statute of limitations was introduced, ‘to apply the laws from Eucleides’: the rules punishing the disfranchised cannot be used against those whose liabilities were incurred before 403. (4) Teisamenus' decree for new legislation was prior to this revision; it is not the decree that Andocides read to the court as a document of the Scrutiny. An ancient editor simply inserted the wrong document. Teisamenus envisioned no alteration of the ‘Solonian Code’; the decree for Scrutiny was an unforeseen but necessary correction. These measures were successive reforms sorting out the new hierarchy of rules, a process whose complexity is attested in Diocles' law.
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Togulev, V. M. "DEPARTMENTAL MONITORING OR(AND) PROSECUTOR’S SUPERVISION FOR INVESTIGATION?" Scientific Notes of V. I. Vernadsky Crimean Federal University. Juridical science 6 (72), no. 2 (2020): 292–300. http://dx.doi.org/10.37279/2413-1733-2020-6-2-292-300.
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As a result of the 2007-2010 reform, the prosecutor’s office lost the right to initiate criminal investigations and independently investigate them, a significant part of the prosecutor’s authority to supervise the investigative activities of the investigator was transferred from the prosecutor to the head of the investigating authority. These changes have been mixed among practitioners and process scientists. The author considers it inappropriate to return to the prosecutor the right to initiate criminal proceedings, since the prosecutor will have to carry out the whole complex of procedural and investigative actions referred to in art. 144 Code of Criminal Procedure. There is no need to return to the prosecutor’s office and the investigative function, since the prosecutor’s office will become a body of criminal prosecution and supervision and investigation, which will affect the objectivity of its actions and will nullify all the reforms of the investigation carried out over the past 20 years. Nor should powers be transferred to the prosecutor, which as a result of the reform passed to the head of the investigative body. Almost all the powers of the head of the investigative body to implement departmental control over the procedural activities of the investigator to some extent also belong to the prosecutor using special methods of prosecutorial response. The specificity is that the head of the investigating authority uses both the methods of previous and subsequent control, and the prosecutor mainly uses the subsequent one. It is proposed to provide the prosecutor with only one additional authority in relation to the investigator: to give the prosecutor the right, when approving the indictment, to exclude certain points of the charge from it or to re-qualify the charge to a less serious one instead of returning the criminal case to the investigator for these purposes.
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Mendelevich, Vladimir D., and Ivan A. Mitrofanov. "Was it a malingering of a mental disorder? Clinical case of self-disclosure of the patient and its interpretation." Neurology Bulletin LIV, no. 2 (July 19, 2022): 96–104. http://dx.doi.org/10.17816/nb108707.
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A clinical case of Stanislav G., 18 years old, an IT-specialist, who underwent therapy in a psychiatric hospital in connection with a schizotypal disorder diagnosed in him, is described. After a month, the patient admitted that he was feigning a mental disorder, because he could not receive effective treatment for the vegetative symptoms of hypothyroidism diagnosed in him, and began an intensive search for the psychopathological causes of his own illness. He believed that he had some signs of schizotypal disorder, but they were not enough to make an official diagnosis and receive the desired psychopharmacotherapy. For persuasiveness, he studied on the Internet the anamnesis of patients and decided to simulate elements of reasoning, emasculation of associations and a distorted perception of the interlocutors words, flattening of affect. On re-examination after claiming the sham, it was concluded that he did not have the listed symptoms and that there was no scientific evidence to support any psychiatric diagnosis. Doubts in the analysis were only caused by the patients motivation to simulate psychopathology in the absence of traditional grounds for malingering (criminal prosecution, military service), and excessive intellectualization of health problems and a specific style of thinking that did not go beyond the norm. The article discusses the question of whether the patient had symptoms of schizotypal disorder and, if so, whether they could completely stop in a short period of time. The article provides substantiations for the conclusion about the detection of feigning behavior in the patient, and provides data on the differential diagnosis between the malingering of a healthy person and pseudo-simulation in schizotypal disorder, as well as observations on the specifics of the mental activity of persons with schizoid personality disorder and Aspergers syndrome diagnoses assumed in the examined.
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Tatum, Jeremy. "(2012) 30 Windsor Y B Access Just 225 RE-EVALUATING INDEPENDENCE: THE EMERGING PROBLEM OF CROWN-POLICE ALIGNMENT." Windsor Yearbook of Access to Justice 30, no. 2 (October 1, 2012): 225. http://dx.doi.org/10.22329/wyaj.v30i2.4376.
Full textAbstract:
Attorney Generals and Crown prosecutors are endowed with a constitutionally protected role and the quasi-judicial responsibility of handling criminal prosecutions on behalf of the Crown. This includes deciding whether to bring the prosecution of a charge laid by the police, to enter a stay of proceedings, to accept a guilty plea to lesser charge, and to withdraw criminal proceedings in accordance with what the public interest dictates.While the vast majority of prosecutors are careful to separate their function from that of the police, occasionally police advocacy and the high level of police commitment can lead to accepting police information without appropriate confirmation and turning to the police for guidance in the exercise of prosecutorial functions. This article argues that recent examples of significant partisan advocacy by prosecutors warrant re-considering the limits of Crown independence from the police and re-evaluating the current effectiveness of institutional accountability in Ontario.Part II will highlight the separate roles of the police and prosecutors, as well as provide some background to the issue of Crown-police alignment. Part III will examine a number of recent cases where individual prosecutors, and occasionally offices, appear to be acting in the interests of the police, rather than the public interest, in discharging their prosecutorial functions. Finally, because the problem of Crown-police alignment is provincial as well as localized in nature, part IV will attempt to demonstrate the crucial role that Law Societies and other public offices have in monitoring prosecutorial conduct and ensuring that Attorney Generals are in fact seeing that the administration of public affairs is in accordance with the law.Les procureurs généraux et les procureurs de la Couronne sont investis d’un rôle protégé par la Constitution et de la responsabilité quasi-judiciaire de s’occuper des poursuites criminelles au nom de l’État, ce qui comprend les fonctions suivantes : décider d’entreprendre une poursuite une fois qu’une accusation a été portée par la police; suspendre une instance; accepter un plaidoyer de culpabilité à une accusation réduite; mettre fin à une poursuite criminelle en raison des conséquences sur l’intérêt public.Même si la vaste majorité des procureurs prennent soin de ne pas confondre leur rôle avec celui de la police, il peut arriver, à l’occasion, que l’opinion policière et le haut niveau d’engagement de la police amènent des procureurs à accepter des renseignements policiers sans confirmation suffisante et à demander conseil à la police dans l’exercice de leurs fonctions. Le présent article soutient que des épisodes récents de représentations partisanes significatives par des poursuivants justifient le réexamen des limites de l’indépendance de la Couronne par rapport à la police et la réévaluation de l’efficacité actuelle de la responsabilisation des institutions en Ontario.La partie II fera ressortir les rôles distincts de la police et des procureurs de la poursuite et fournira quelques renseignements généraux sur la question de l’alignement des fonctions de la Couronne et de la police. La partie III examinera un nombre d’affaires récentes où des bureaux et des procureurs qui exercaient leurs fonctions de poursuivants, semblent avoir agi dans l’intérêt de la police plutôt que dans l’intérêt public. Finalement, parce que le problème de l’alignement des fonctions de la Couronne et la de police est, par nature, provincial et localisé, l’auteur tentera de démontrer, dans la partie IV, le rôle crucial que les barreaux et d’autres administrations publiques jouent lorsqu’il s’agit de surveiller le déroulement des poursuites et de veiller à ce que les procureurs généraux voient effectivement à ce que les affaires publiques soient administrées en conformité avec le droit.