We are proudly a Ukrainian website. Our country was attacked by Russian Armed Forces on Feb. 24, 2022.
You can support the Ukrainian Army by following the link: https://u24.gov.ua/.
Even the smallest donation is hugely appreciated!
Create a spot-on reference in APA, MLA, Chicago, Harvard, and other styles
Consult the lists of relevant articles, books, theses, conference reports, and other scholarly sources on the topic 'Theory of aggravating circumstances.'
Next to every source in the list of references, there is an 'Add to bibliography' button. Press on it, and we will generate automatically the bibliographic reference to the chosen work in the citation style you need: APA, MLA, Harvard, Chicago, Vancouver, etc.
You can also download the full text of the academic publication as pdf and read online its abstract whenever available in the metadata.
Journal articles on the topic "Theory of aggravating circumstances":
1
Keya, Antoni. "Interpreting Perlocutionary Speech Acts on Aggravation and Mitigation Circumstances: The Case of the former ICTR." Umma The Journal of Contemporary Literature and Creative Art 11, no. 1 (June 30, 2024): 50–79. http://dx.doi.org/10.56279/ummaj.v11i1.3.
This article attempts to interpret the interactivity between force of utterance and aggravating and mitigation circumstances during the ICTR sentencing process. This process which is essential in determining whether the judges’ evaluative comments aimed to address aggravation and mitigation circumstances are predictive of the ensuing sentences. The data for this article were accessed from the 1995-2000 Basic Documents and Case Law CD-ROM of the then International Criminal Tribunal for Rwanda (ICTR) in Arusha, Tanzania, focusing on the then thirteen (13) completed cases retrievable from http://www.ictr.org. Informed by the Speech Act Theory and using Wordsmith to determine the frequency of linguistic terms at airing aggravation, the study was done on seventy-two thousand words, paying attention to interpreting the language used to address aggravating and mitigating circumstances. Findings show that emotive evaluations are not a major characteristic in sentencing, and where in use, they do not predict the harshness of punishments given.
2
Lapshin, V. F., and N. N. Kemova. "Hooligan motivation as a means of differentiation of criminal responsibility." Eurasian Scientific Journal of Law, no. 4 (5) (January 4, 2024): 48–58. http://dx.doi.org/10.46914/2959-4197-2023-1-4-48-58.
In modern criminal law theory, there is no consensus on the optimal and necessary number of means of differentiating of criminal responsibility. Therefore, lists of types of qualifying signs and circumstances aggravating punishment are still in the process of being formed. Hooligan motives are fairly common motive for committing a crime, but so far it has not been considered as one of the aggravating circumstances, which creates conditions for deviation from the principle of justice when imposing punishment for a committed crime. The purpose of the study is to substantiate the recognition of a crime committed from hooligan motives as an aggravating circumstance. The recognition of a hooligan motive as an aggravating circumstance will allow systematizing its use as both a qualifying feature of certain elements of crimes and a circumstance, the establishment of which implies an increase in the severity of the chosen measures of criminal responsibility. This will contribute to the issuance of fair judicial decisions. It is proved that any crime committed out of hooligan motives is characterized by an increased degree of public danger. If the corpus delicti does not include hooligan motives as a qualifying feature, then this motive should be taken into account when sentencing. The results of the study can be used for research in the field of means of differentiation and individualization of criminal liability. The rationale presented in the work can be taken into account when preparing a draft law on supplementing Art. 63 of the Criminal Code of Russia (hereinafter referred to as the Criminal Code) is another aggravating circumstance.
3
Arum, Debora Sekar. "Best practice in aggravating and mitigating factors: Assessment of court decisions on corruption." Integritas : Jurnal Antikorupsi 8, no. 2 (June 13, 2023): 177–84. http://dx.doi.org/10.32697/integritas.v8i2.910.
Many court decisions on corruption have contained aggravating and mitigating factors that have left the public wondering. This research aims to find out the standard of best practice in aggravating and mitigating factors on corruption cases and measure the fulfillment of those standards in various court decisions. This normative research utilises the statute, case, and conceptual approaches as well as the qualitative analysis method. The research concluded that, (1) circumstances outside the elements of the crime, (2) circumstances that reflect the seriousness or dangerousness of the crime and the defendant, (3) the motive to commit such crime including internal or external reasons (Correspondence Inference Theory), (4) circumstances related to or surrounding the offence, and (5) circumstances related to the personal condition or reputation of the defendant in the community are the standards of best practice in aggravating and mitigating factors; and, that none of the court decisions examined in this research have cumulatively fulfilled those standards.
4
Severskii, Georgii Yurievich. "Criminal-legal significance of minority of the injured as an aggravating circumstance." Право и политика, no. 5 (May 2023): 30–36. http://dx.doi.org/10.7256/2454-0706.2023.5.40672.
The article considers the criminal law significance of signs of infancy and minority of the victim as an aggravating circumstance in the criminal legislation of the Russian Federation. Thus, the subject of research is the social relations that characterize the named circumstance. As part of the work, the author studies various doctrinal approaches to the definition of the concepts of "juvenile" and "minor" in the context of the issues under consideration. In addition, the study touches upon the law enforcement problems of taking into account the infancy and minority of the victim when qualifying a socially dangerous act. The author notes that the inclusion of the minority of the victim among the circumstances under consideration is dictated by the special danger of the person committing such an attack, his inhumanity, the baseness of the motives that prompt him to commit a crime. By analyzing the legal framework, statistical data and provisions of the theory of criminal law, controversial and problematic aspects of the application of the norms of the current criminal legislation in the context of taking into account the minor age of the victim as an aggravating circumstance are revealed. The paper notes that these signs affect the nature and degree of public danger of a crime, differentiating responsibility, being important for qualifying a criminal act and imposing a just punishment. The author proposes recommendations for changing the current criminal law in the relevant part. The author notes that the proposed changes will make it possible to improve the process of individualization of the punishment imposed on the guilty, and will also allow an objective assessment of the degree of public danger of the deed when the court decides the sentence.
5
Avdeyev, Mikhail Alekseyevich, and Anastasiya Sergeyevna Shtrants. "QUALIFYING SIGNS GENERAL CHARACTERISTIC AND THEIR IMPORTANCE IN CORPUS DELICTI STRUCTURE PLANNING." Current Issues of the State and Law, no. 9 (2019): 66–75. http://dx.doi.org/10.20310/2587-9340-2019-3-9-66-75.
We consider qualifying signs of the crime as one of the forms of differentiation of criminal liability, reflecting the qualitative characteristics of the criminal act. Also we analyze the doctrinal approaches to the two most controversial issues of the theory of criminal law concerning the nature and content of qualifying signs: their correlation with the circumstances aggravating the punishment, as well as a constructive connection with the corpus delicti. We draw a conclusion that such qualifying signs as the criminal law category have a dual nature. On the one hand, they are comparable to the aggravating circumstances listed in article 63 of the Criminal Code of the Russian Federation, on the other hand, they are expressed in the norms of the Special part of the Criminal Code of the Russian Federation as constructive signs of corpus delicti the strengthening of the level of criminal repression in relation to the basic composition of the relevant crime. In particular it is a constructive connection with the corpus delicti expresses the most popular in the literature classification of qualifying signs of the circumstances relating to: the object and the objective side, the subject and the subjective side of corpus delicti. We propose interpretation of the concept of qualifying signs, which are indicated by the circumstances, which is a constructive element of the corpus delicti, which indicate increased relative to the basic corpus delicti of public danger of the act and the identity of the person committing the act.
6
Sinaga, Cindy Debora, Somawijaya Somawijaya, and Agus Takariawan. "Implications of Correspondence Inference Attribution Theory & Behavioral Jurisprudence Theory: Judge's Conciderations on Conscience." SASI 28, no. 1 (April 14, 2022): 78. http://dx.doi.org/10.47268/sasi.v28i1.745.
Introduction: This article analyzes the implications of the attribution correspondence inference theory and whether the urge of conscience as affect in the Defendant is the reason for the abolition of the sentence? also behavioral jurisprudence theory on judges' considerations, where it's often a discourse in Indonesia. It is necessary to explore the human values contained in Defendant.Purposes of the Research: The objectives of the research are: First, to provide an analysis of how the theory of attribution correspondence inference to the judge's considerations in determining the circumstances that form the basis of sentencing and knowing whether the urge of conscience as affect in the Defendant is the reason for the abolition of the crime? Second, providing an analysis related to the urgency of behavioral jurisprudence theory in creating fair decisions based on the conscience of the judge.Methods of the Research: The normative legal research method uses a statutory approach, a conceptual approach, and comparisons with different legal system which are based on library research in collecting research legal materials.Results of the Research: The results are: First, the attribution correspondence inference theory can be used as consideration for judges’ considerations in determining to mitigate and aggravating circumstances in Indonesia and with a study of criminal law and the theory that the urge of conscience as affect the defendant can be used as a consideration of mitigating circumstances for the defendant, as well as conditional punishment. Second, the behavioral jurisprudence theory approach has urgency in understanding the behavior of a person doing an act or the judge in making a fair decision.
7
Wall, Joseph, Timothy J. Fogarty, and Jodi Gissel. "Why Punishment Does Not Fit the Crime: Experimental Evidence That Situational Circumstances Crowd Out Damage Done." Journal of Forensic Accounting Research 5, no. 1 (August 4, 2020): 142–76. http://dx.doi.org/10.2308/jfar-19-019.
ABSTRACT Regulators desire punishment that restores individuals to monetary positions before the damage and deters future violations. Thus, enforcement effectiveness is partially a function of punishment severity. Under the Securities and Exchange Commission's oversight, the Financial Industry Regulatory Authority provides enforcement and punishment guidelines for securities fraud cases. However, motivation crowding theory suggests extenuating and aggravating circumstances may complicate punishment. We investigate the concern that individuals charged with punishing securities fraud might be excessively tolerant, illustrated by recommended sanctions. Using two samples of participants—compliance examiners and securities arbitrators—in an experimental task that manipulates the fraudster's motivation, history, and personal gain, we find participants may be overly influenced by situational circumstances. Further, participants recommend monetary sanctions that fail to achieve regulators' restoration goals. We discuss practical implications of these findings for regulators. Further, we illustrate the need to extend motivation crowding theory to consider factors associated with non-direct financial benefits.
8
Sobir Qizi, Azizova Shalola. "Issues Of Responsibility For The Use Of Violence Against Medical Personnel In Connection With The Performance Of Their Official Duties." American Journal of Political Science Law and Criminology 03, no. 09 (September 17, 2021): 26–29. http://dx.doi.org/10.37547/tajpslc/volume03issue09-05.
The article analyzes the relevance of protecting the rights of medical workers in the Republic of Uzbekistan, as well as certain elements of threats and violence in connection with the performance of their duties as medical workers, increasing the criminal liability of those guilty of violence against medical workers. The article analyzes the components of responsibility for threats and violence against medical personnel in the legislation of some foreign countries, aggravating circumstances.
9
Kamalova, Dildora. "ISSUES OF CLASSIFICATION OF THE OFFENSE AS A CRIMINAL ASSASSINATION AND DISTINGUISHMENT FROM SIMILAR CRIMES." Jurisprudence 3, no. 4 (August 28, 2023): 122–32. http://dx.doi.org/10.51788/tsul.jurisprudence.3.4./qfoi3219.
This article analyzes the signs of a specific type of attempt–an “imaginary attempt–and questions about its qualification. The author developed the author’s definition of the concept of “imaginary attempt”. It is noted that crimes where the criminal intent of a person is aimed at the onset of the consequences provided for by the aggravating (qualifying) composition, however, when the act was committed, the consequences of the main corpus delicti occurred, without signs of an aggravating corpus delicti, should be understood as a “sham attempt”. The author, on the basis of the theory of criminal law and materials of judicial practice, analyzes the signs and features of these types of crimes and questions of their qualifications. In particular, the absence of a unified approach to the qualification of the attempted murder of two or more persons, the attempted murder of a woman who was known to be pregnant, and the circumstances that should be taken into account when assessing these types of acts have been comprehensively studied. It also highlights in detail the distinctive aspects from attempted murder (Art. 25, 97 of the Criminal Code) of some similar crimes, in particular, threats to kill or use violence (Art. 112 of the Criminal Code), intentional infliction of grievous bodily harm (Art. 104 of the Criminal Code), and their qualifications.
10
Budyn-Kulik, Magdalena. "Wpływ osobowości sprawcy na ocenę podstaw i zakresu odpowiedzialności karnej." Nowa Kodyfikacja Prawa Karnego 43 (May 16, 2017): 45–61. http://dx.doi.org/10.19195/2084-5065.43.5.
The wrong-doer’s personality influence on the assessment of criminal liability grounds and scopeA criminal act is done in certain circumstances, but it refl ects also the wrong-doer’s personality and his/her social dangerousness. The Criminal Code of 1997 replaced the term “social dangerousness” with “social harmfulness”. Art. 115 § 2 CC points out the circumstances that should be considered while assessing the level of social harmfulness; with no personality-like circumstance mentioned there. Such factor is indirectly hidden in the phenomena of motivation. While one considers acts that are done mostly because of some external situation-related factors, the wrong-doer’s personality does not matter. One’s personality should be considered as far as involuntary acts are concerned. The wrong-doer’s personality is interesting for criminal law purposes, because of some terms the Polish CC uses, like personal characteristics Art. 10 § 2, 10 § 4, Art. 21 § 1 i § 2, Art. 58 § 2a, Art. 66 § 1, Art. 69 § 2, Art. 77 § 1, Art. 53 § 2 and motivation Art. 40 § 2, Art. 53 § 2, Art. 115 § 2, Art. 148 § 2 point 3. The term “personal characteristics” is wider than “personality”. There are many psychological theories that try to explain what personality is Freud’s, factors, cognitive, social learning, humanistic and systematic theory. Personality is a fairly well-fixed regulation system that starts to function about the age of 21. It consists of many elements. Personality can change drastically during lifetime under certain traumatic circumstances, organic brain changes or addictions to psychoactive substances. The act of a wrongdoer may express his/her typical characteristics personality but it may not be so typical for him/ her, either. Usually, when it is typical the court treats it as an aggravating circumstance and when untypical — as a mitigating one. Personality issues need some specialist knowledge. Personal characteristics are important as far as criminal liability is concerned. Otherwise, their presence should be limited in the Criminal Code and used only in Art. 10 § 2 and Art. 53. They should be considered as far as the period of punishment execution and probation measures are concerned.
Dissertations / Theses on the topic "Theory of aggravating circumstances":
1
Chabaud, Laurent. "L'arme numérique : essai sur la dématérialisation des infractions pénales." Electronic Thesis or Diss., Université de Montpellier (2022-....), 2023. http://www.theses.fr/2023UMOND043.
Le développement d’Internet, et du numérique en général, a facilité la commission de bon nombre d’infractions et a fait son entrée dans la majorité des branches du droit pénal. Pourtant il reste une branche du droit pénal où le numérique n’a pas fait son entrée : l’atteinte à l’intégrité physique de la personne. Ce rejet, pourtant logique, ne pose-t-il pas question ? Le développement des objets connectés à Internet permet d’envisager que ces atteintes deviennent réalité. Il faut donc intégrer la possibilité de réaliser de telles atteintes au sein du Code pénal. La première partie propose d’étudier cette possibilité par un rapprochement entre les notions d’arme et de numérique pour créer la notion d’arme numérique. Si ces notions paraissent antinomiques, elles sont au contraire relativement proches. Leur intégration au sein du Code pénal permet de montrer qu’elles obéissent au même mécanisme : la sanction de l’usage d’un outil particulier, l’arme ou le numérique, pour réaliser l’infraction. Nous proposons donc un changement de paradigme dans l’analyse de l’arme pour rapprocher ces notions. Cette rethéorisation de l’arme autour de sa fonction, que nous appelons le mode de perpétration, permet une meilleure prise en compte de la dématérialisation des infractions. La seconde partie quant à elle, s’attache à dresser le régime de l’arme mode de perpétration pour intégrer l’arme numérique en permettant de renforcer l’efficience économique de la loi en matière de lutte contre la cybercriminalité. Cela permet notamment une prise en compte globale de la cybercriminalité en favorisant une analyse proactive plutôt que simplement réactive The development of the Internet, and of digital technology in general, has facilitated the commission of a large number of offences, and has made its entry into most branches of criminal law. However, there is still one branch of criminal law where digital technology has not made its entry: offences against the physical integrity of the person. Doesn't this logical rejection raise questions? The development of objects connected to the Internet means that such attacks are becoming a reality. The possibility of such attacks must therefore be incorporated into the Penal Code. The first part of this paper proposes to explore this possibility by bringing together the notions of weapon and digital to create the notion of digital weapon. Although these notions may seem antinomic, they are in fact relatively close. Their integration into the penal code shows that they obey the same mechanism: sanctioning the use of a particular tool - a weapon or a digital device - to commit an offence. We therefore propose a paradigm shift in the analysis of the weapon to bring these notions closer together. This re-theorization of the weapon around its function, which we call the mode of perpetration, enables us to take better account of the dematerialization of offences. The second part sets out to extend the regime of the "mode of perpetration" weapon to include the digital weapon, thereby strengthening the economic efficiency of the law in the fight against cybercrime. In particular, this allows us to take a global approach to cybercrime, favoring proactive rather than merely reactive analysis
2
Butler, Brooke M. "The role of death qualification in venirepersons' evaluations of aggravating and mitigating circumstances in capital trials." FIU Digital Commons, 2000. http://digitalcommons.fiu.edu/etd/2001.
Death qualification is a part of voir dire that is unique to capital trials. Unlike all other litigation, capital jurors must affirm their willingness to impose both legal standards (either life in prison or the death penalty). Jurors who assert they are able to do so are deemed "death-qualified" and are eligible for capital jury service; jurors who assert that they are unable to do so are deemed "excludable" or "scrupled" and are barred from hearing a death penalty case. During the penalty phase in capital trials, death-qualified jurors weigh the aggravators (i.e., arguments for death) against the mitigators (i.e., arguments for life) in order to determine the sentence. If the aggravating circumstances outweigh the mitigating circumstances, then the jury is to recommend death; if the mitigating circumstances outweigh the aggravating circumstances, then the jury is to recommend life. The jury is free to weigh each aggravating and mitigating circumstance in any matter they see fit. Previous research has found that death qualification impacts jurors' receptiveness to aggravating and mitigating circumstances (e.g., Luginbuhl Middendorf, 1988). However, these studies utilized the now-defunct Witherspoon rule and did not include a case scenario for participants to reference. The purpose of this study was to investigate whether death qualification affects jurors' endorsements of aggravating and mitigating circumstances when Witt, rather than Witherspoon, is the legal standard for death qualification. Four hundred and fifty venirepersons from the 11th Judicial Circuit in Miami, Florida completed a booklet of stimulus materials that contained the following: two death qualification questions; a case scenario that included a summary of the guilt and penalty phases of a capital case; a 26-item measure that required participants to endorse aggravators, nonstatutory mitigators, and statutory mitigators on a 6-point Likert scale; and standard demographic questions. Results indicated that death-qualified venirepersons, when compared to excludables, were more likely to endorse aggravating circumstances. Excludable participants, when compared to death-qualified venirepersons, were more likely to endorse nonstatutory mitigators. There was no significant difference between death-qualified and excludable venirepersons with respect to their endorsement of 6 out of 7 statutory mitigators. It would appear that the Furman v. Georgia (1972) decision to declare the death penalty unconstitutional is frustrated by the Lockhart v. McCree (1986) affirmation of death qualification.
3
Milinis, Albertas. "Criminal Liability for Murder without Circumstances Aggravating and Mitigating (Part 1 Art. 129 of the Criminal Code)." Doctoral thesis, Lithuanian Academic Libraries Network (LABT), 2009. http://vddb.library.lt/obj/LT-eLABa-0001:E.02~2009~D_20090507_135323-23627.
Subject of the dissertation research – analysis of the body of murder without circumstances aggravating and mitigating its gravity provided for in Part 1 Art. 129 of the Criminal Code of the Republic of Lithuania as well as analysis of theoretical and practical problems that arise upon qualifying these criminal acts. The goal of this research is to reveal a concept of murder without circumstances aggravating and mitigating its gravity where punishment is imposed in accordance with Part 1 Art. 129 of the CC of the Republic of Lithuania, to analyse attributes of this criminal act, to raise theoretical and practical problems of qualification of the analysed criminal act and to make proposals for solution of these problems. Disertacijos tyrimo dalykas – nužudymo be jo pavojingumą didinančių ir mažinančių aplinkybių, numatyto Lietuvos Respublikos baudžiamojo kodekso (toliau tekste – LR BK) 129 str. 1 d., sudėties analizė bei teorinių ir praktinių problemų, kylančių kvalifikuojant šias nusikalstamas veikas, tyrimas. Disertacijos tyrimo tikslas – atskleisti nužudymo be jo pavojingumą didinančių ar mažinančių aplinkybių, už kurį kyla baudžiamoji atsakomybė pagal LR BK 129 straipsnio 1 dalį, sampratą, išanalizuoti šios nusikalstamos veikos požymius, iškelti nagrinėjamos nusikalstamos veikos teorines ir praktines kvalifikavimo problemas bei pateikti pasiūlymus šių problemų sprendimui.
4
Earl, Judith Kavanaugh. "Assessing the issue of arbitrariness in capital sentencing in North Carolina are the effects of legally relevant variables racially invariant? /." [Tampa, Fla.] : University of South Florida, 2005. http://purl.fcla.edu/fcla/etd/SFE0001370.
Evans, Katharine D. "The impact of victim-offender familial relationships on capital sentencing outcomes." [Tampa, Fla.] : University of South Florida, 2005. http://purl.fcla.edu/fcla/etd/SFE0001234.
Harcourt-Heath, Michèle Jean. "Primary schools facing challenging circumstances : effective leadership and the potential contribution of complexity theory." Thesis, University of East Anglia, 2013. https://ueaeprints.uea.ac.uk/47957/.
Schools operate in a multitude of different contexts, with some facing more difficult situations than others. The central question this research seeks to investigate is, ‘What happens in primary schools facing challenging circumstances that results in their improvement or decline?’ It reports on a study of three English primary schools either subject to an Ofsted (Office for Standards in Education) improvement category following inspection and/or coping without a permanent headteacher or with a school merger. It seeks to explore the existence of common factors across the different circumstances and examines the leadership characteristics associated with improvement or decline. Each of the case study schools is also examined more holistically through a complexity theory lens to determine the extent to which this view might add to current understanding. The study is unusual in that, in the past, researchers have found it difficult to gain access to such sensitive contexts. The researcher in this case was seconded to the leadership team within one of the case study schools for six months and used a journal as well as participant observation and interviews to gather data. Existing literature identifies circumstances deemed to be challenging and explores a range of aspects of leadership including the difficulties associated with it. This research identifies common themes in primary schools facing challenging circumstances, with a particular focus on leadership, and explores further the links between them, the networks they create and the contribution that these combinations might make to improvement or decline. The original contribution made by this research is to establish complexity theory as a useful approach in examining the nexus between school leadership and primary schools facing challenging circumstances, including a proposition for representing these complex school systems. It seeks to support identification of early indicators of a range of problematic circumstances (pressure nodes) and those factors potentially enabling improvement (building nodes), through the creation of network maps.
7
Chapman, Christopher James. "A study of external intervention and school improvement in schools facing challenging circumstances." Thesis, University of Warwick, 2004. http://wrap.warwick.ac.uk/3673/.
Central Government has identified a group of schools deemed to be 'Schools facing Challenging Circumstances'. These schools tend to be low attaining schools that serve socio-economically deprived communities. A range of policy initiatives have resulted in a number of centrally driven interventions aimed at improving these schools. This thesis focuses on the relationship between external intervention and school improvement in schools facing challenging circumstances. The research strategy consisted of three phases, combining case study and survey approaches to explore two examples of centrally driven external intervention. Phases one and two adopted a case study approach to explore OfSTED inspection and the Schools facing Challenging Circumstances Initiative as mechanisms for improvement, while phase three consisted of a survey to triangulate data and explore some general questions pertaining to external interventions. Thus, this research adopted a mixed methods approach collecting interview, questionnaire and documentary evidence from a range of sources and perspectives. The findings are based on data collected from interviews with over 150 teachers in 21 schools and survey data collected from a further 94 teachers in 6 schools facing challenging circumstances in one LEA. This is the first study to explore the relationship between external intervention and school improvement in this particularly challenging group of schools. The findings suggest that if widespread reform is to be achieved a more sophisticated approach to external intervention must be developed. Rather than treating these schools as a homogeneous group, interventions must be differentiated to match individual school cultures, capacity for change and development phase. In conclusion, a typology of schools facing challenging circumstances is presented. It is argued that this typology can inform our thinking to support more sophisticated approaches to intervening and improving these schools.
8
Coady, Kyle N. P. "Prosecutor Selected Youth Diversion: Identifying the Circumstances and Conceptualizing the Cases." Thèse, Université d'Ottawa / University of Ottawa, 2012. http://hdl.handle.net/10393/23217.
Crown selected youth diversion has received little academic attention in Canada. As a process that channels offenders out of the formal legal system, diversion purports to achieve contradictory self-serving system and offender-based goals. Using 50 randomly selected prosecution files – half of which the Crown diverted and half of which the Crown prosecuted – a mixed method investigation of diversion assesses cases through quantitative content analysis and grounded theory method. Based on the quantitative analysis, it is argued that there is an emerging patterned nature of Crown selected diversion that is not completely benign. This patterned nature of diversion unearths a distinctive discourse of diversion/non-diversion. Qualitatively, it is argued that the cases are organized around three temporal moments that create an area for distinctions to be made in terms of threat, responsibility, (in)tolerableness and recourse. Seemingly, there is a persistent paradoxical existence of the diversion process that emerges from the case files.
9
Alyasin, Abulqader. "Teachers' perspectives on ELT : a research journey from challenging to conflict circumstances in Syria." Thesis, University of Warwick, 2015. http://wrap.warwick.ac.uk/78502/.
This thesis is a journey which started investigating CLT innovation and implementation in Syrian schools and, due to the armed conflict in the country, ended with another layer of focus on the impact of Syria War on (education and) ELT, teachers and students. Employing a qualitative approach, the data incorporated audio-recordings and interviews as the two main research tools in the study. The lesson transcripts from two teachers in Syria (Grade 7) and a teacher in a camp school in Turkey (Grade 8) were explored in light of retrospective interviews to uncover how far teachers responded in their actual classroom practices to CLT curriculum innovation tenets and how implementation challenges, including teachers’ cognitions and contextual realities, influenced their practices. Celebrating diversity rather than uniformity, I also endeavoured to appreciate teachers’ own complex reasoning on their practices and how they made sense of their teaching in their immediate contexts. Semi-structured interviews were conducted with 11 other Syrian teachers to further elicit perspectives on contextual forces and teacher beliefs, suggestions for a locally feasible ELT pedagogy and the impact of the current war circumstances on their lives and careers. The analysis of the data reveals the value of seeing teachers as agents of their own practice both in ‘normally’ difficult circumstances and in extreme crisis situations. Teachers’ pedagogical decisions and practices seem to be grounded on their beliefs as to what is viable rather than on the MoE plans. The study points to the significance of not only appreciating teacher beliefs and agency in establishing context-sensitive ELT pedagogies, but also capitalising upon local teachers’ experiences and perspectives and involving teachers in both educational planning and implementation. The final layer of the thesis shows that it is valuable to explore teacher agency in crisis situations and to consider ways to extend the literature to recognise conflict-affected ELT as a research area in which locally produced pedagogies are encouraged, supported and developed within the constraints of displacement and refugee camp schools.
10
Федорчук, І. М., and I. M. Fedorchuk. "Обставини, які обтяжують покарання за кримінальним правом України: дисертація." Thesis, ЛьвДУВС, 2010. http://dspace.lvduvs.edu.ua/handle/1234567890/803.
Федорчук І.М. Обставини, які обтяжують покарання за кримінальним правом України: дисертація на здобуття наукового ступеня кандидата юридичних наук за спеціальністю 12.00.08 – кримінальне право та кримінологія; кримінально-виконавче право / Федорчук Іванна Миколаївна. – Львів: Львівський державний університет внутрішніх справ, 2010. - 219 с. Дисертація присвячена комплексному дослідженню проблем обставин, які обтяжують покарання. Визначено юридичну природу, значення, роль, поняття обставин, які обтяжують покарання; встановлено доцільність вичерпного переліку обставин, які обтяжують покарання; класифіковано обставини, які обтяжують покарання; виокремлено ознаки, які притаманні обставинам, які обтяжують покарання; визначені відмінності обставин, які обтяжують покарання, від кваліфікуючих ознак складу злочину. Сформульовані пропозиції щодо доповнення чинних норм КК України. The dissertation deals with the complex research of aggravating circumstances of punishment. The legal nature, importance, role of the concept «aggravating circumstances of punishment» are determined; the reasonability of exhaustive list of aggravating circumstances of punishment is established; the classification and features of aggravating circumstances are defined; the difference between aggravating circumstances of punishment and qualified elements essential to the offence is pointed out. The suggestions as to improvement of existing norms of the Criminal Code of Ukraine are made
Brazhnikov, V. V. Oti︠a︡gchai︠u︡shchie obstoi︠a︡telʹstva, otnosi︠a︡shchiesi︠a︡ k subʺektivnoĭ storone prestuplenii︠a︡: Voprosy kvalifikat︠s︡ii i ugolovnoĭ otvetstvennosti : monografii︠a︡. Moskva: I︠U︡rlitinform, 2011.
Wu, Feifei. Shen fen fan lun: Ji yu fan zui xing tai shi ye de kao cha = Shenfenfanlun : jiyu fanzui xingtai shiye de kaocha. 8th ed. Beijing Shi: Zhongguo jian cha chu ban she, 2014.
Sundurova, O. F. Usilenie ugolovnogo nakazanii︠a︡: Voprosy different︠s︡iat︠s︡ii i individualizat︠s︡ii monografii︠a︡. Tolʹi︠a︡tii: Volzhskiĭ universitet im. V.N. Tatishcheva, 2006.
Book chapters on the topic "Theory of aggravating circumstances":
1
Gertsbakh, Ilya. "Measurements in Special Circumstances." In Measurement Theory for Engineers, 123–32. Berlin, Heidelberg: Springer Berlin Heidelberg, 2003. http://dx.doi.org/10.1007/978-3-662-08583-7_8.
Thomas, Jennifer, and Robert J. Vrtis. "Place Theory and Given Circumstances." In Inclusive Character Analysis, 60–83. Title: Inclusive character analysis : putting theory into practice for the 21st century theatre classroom / Jennifer Thomas and Robert J. Vrtis. Description: New York : Routledge, 2021.: Routledge, 2020. http://dx.doi.org/10.4324/9780429342226-3.
Beckett, David, and Paul Hager. "Complexity theory." In Workplace Learning for Changing Social and Economic Circumstances, 3–17. London: Routledge, 2023. http://dx.doi.org/10.4324/9781003227946-2.
Mazure, Bertrand, Lakhdar Saïs, and Éric Grégoire. "Local search for computing normal circumstances models (abstract)." In Computational Intelligence Theory and Applications, 565–66. Berlin, Heidelberg: Springer Berlin Heidelberg, 1997. http://dx.doi.org/10.1007/3-540-62868-1_161.
Westra, Laura. "Aggravating Circumstances Corporate Power v. Democracy and Land Grabs for Fodder and Fuel While the Amazon Burns." In Climate Change and Starvation, 47–68. Cham: Springer International Publishing, 2020. http://dx.doi.org/10.1007/978-3-030-42124-3_4.
Mach, Ernst. "Revision of Scientific Views Caused by Chance Circumstances." In Principles of the Theory of Heat, 398–401. Dordrecht: Springer Netherlands, 1986. http://dx.doi.org/10.1007/978-94-009-4622-4_35.
Krüger, Maleika. "Theory of Second Language Acquisition." In Media-Related Out-of-School Contact with English in Germany and Switzerland, 51–93. Wiesbaden: Springer Fachmedien Wiesbaden, 2023. http://dx.doi.org/10.1007/978-3-658-42408-4_4.
AbstractThe scientific field of second language acquisition (SLA), as it emerged in the 1970s, is concerned with the conditions and circumstances in which second and foreign language learning occurs. Although sometimes used synonymously, the terms second language and foreign language describe two different aspects: a second language refers to the official language within the country of residence, which is not a person’s mother tongue. This is, for example, the case for immigrant children who learn the language of their parents’ homeland before or while learning the language of their country of residence as a second language in school or kindergarten.
8
Black, Duncan. "The Circumstances in which Rev. C. L. Dodgson (Lewis Carroll) Wrote His Three Pamphlets." In The Theory of Committees and Elections, 189–213. Dordrecht: Springer Netherlands, 1987. http://dx.doi.org/10.1007/978-94-009-4225-7_20.
Aslanertik, B. Esra, Sabri Erdem, and Gülüzar Kurt Gümüş. "Extreme Value Theory in Finance: A Way to Forecast Unexpected Circumstances." In Contributions to Management Science, 177–90. Cham: Springer International Publishing, 2016. http://dx.doi.org/10.1007/978-3-319-47172-3_12.
Poltronieri Rossetti, Luca. "Aggravating circumstances." In Preventing and Combating Violence Against Women and Domestic Violence, 548–58. Edward Elgar Publishing, 2023. http://dx.doi.org/10.4337/9781839107757.ch52.
Conference papers on the topic "Theory of aggravating circumstances":
1
Konjević, Tena. "FINES AND DAILY FINES UNDER THE ACT ON THE AMENDMENTS TO COMPETITION ACT WITH SPECIAL EMPHASIS ON MITIGATING AND AGGRAVATING CIRCUMSTANCES." In International Jean Monnet Module Conference of EU and Comparative Competition Law Issues "Competition Law (in Pandemic Times): Challenges and Reforms. Faculty of Law, Josip Juraj Strossmayer University of Osijek, 2021. http://dx.doi.org/10.25234/eclic/18832.
The paper analyzes the amendments to Title VIII of the Croatian Competition Act regulating penalty clause or the fines, daily fines, and the methods for their imposition, adopted in April 2021. Daily fines are a new institute that further extends the Croatian Competition Agency's (CCA) power as a general, national regulatory authority responsible for the protection of competition in all markets. Therefore, each amended article of that Title is analysed to accurately reflect what has changed and with which provision of the Directive (EU) 2019/1 it has been harmonized. The paper also provides a detailed tabular overview and comparison of the amount of the fine and mitigating and aggravating circumstances that the Agency considered into account when imposing them in cases in the period from 2013 to the end of 2020, so that, finally, it can be concluded if there is a consistent relationship between the number of mitigating and aggravating circumstances and the amount of the fine that CCA imposes when there are infringements of the national and EU competition law.
2
Mandić, Saša, Milica Porobić, Branislav Bogdanović, and Slobodan Milivojev. "UTICAJ RADOVA OPERATORA PRENOSNOG SISTEMA NA DISTRIBUTIVNI ELEKTROENERGETSKI SISTEM." In 36. Savetovanja CIGRE Srbija 2023 Fleksibilnost elektroenergetskog sistema. Srpski nacionalni komitet Međunarodnog saveta za velike električne mreže CIGRE Srbija, 2023. http://dx.doi.org/10.46793/cigre36.1950m.
Failures in the network can cause serious disruptions in the supply of consumers, especially when the switching state in the network is not regular - emergency switching states. Then it is especially important to quickly localize faults and ensure the supply of electricity. Various software applications can be used for this - tools, which can be used to predict the potential location of the failure. This paper presents a specific case of a disturbance (failure) in the network in an emergency switching state, as well as the procedure for finding the location of the failure. Since there were several failures, the sequence of failures (primary and secondary) was determined, and then analyzes and simulations led to the discovery of the failure point. The aggravating circumstance is that the failures were transient, with a tendency to recur if weak points - potential points of failure - were not found.
3
Tischenko, Irina, and Natal'ya Durneva. "PROBLEMS OF RECOGNITION OF A CITIZEN DIED IN CIRCUMSTANCES GIVING A BASIS TO ASSUME ITS DESTRUCTION." In Law and law: problems of theory and practice. ru: Publishing Center RIOR, 2020. http://dx.doi.org/10.29039/02033-3/153-158.
This article discusses the legal consequences of recognizing a citizen as dead, lists the circumstances under which a person may be presumed dead, assesses current legislation in this area. The issues of improving civil legislation in the field of recognition of a person as deceased are raised. The article indicates the period during which a person may be presumed dead under circumstances giving reason to believe his death. The necessity of taking measures aimed at expanding the rights of a person declared dead under circumstances giving reason to believe that he was killed in the event of his appearance or finding a place of residence is emphasized.
4
Kleinstreuer, C., P. W. Longest, and Z. Zhang. "Theory of Two-Phase Biofluid Flow Dynamics and Selected Applications." In ASME 2004 Heat Transfer/Fluids Engineering Summer Conference. ASMEDC, 2004. http://dx.doi.org/10.1115/ht-fed2004-56560.
Examples of two-phase flows in the human body include particle-hemodynamics in branching arteries and toxic/therapeutic air-particle mixtures in the respiratory system. In this review, the fundamentals of modeling dilute particle suspensions are presented with computer applications to the geometric design of bypass graft-ends and the prediction of local aerosol depositions in the human upper airways. For the latter project, aerosols in the nano- and micro-size ranges, solid and liquid particles as well as evaporating droplets are considered. Specifically, the particle-hemodynamics project deals with the prediction of aggravating two-phase flow events leading to arterial diseases, such as atherosclerosis and hyperplasia, and subsequently the design of bypass grafts mitigating post-operative complications. The lung-aerosol project requires accurate and realistic computations of laminar-to-turbulent airflows and toxic (or therapeutic) particle depositions in the human airways for two applications: dosimetry-and-health-effect assessments of toxic particles and optimal drug aerosol delivery by inhalation. Two-phase flow results from different case studies are presented.
5
Phat, Dok. "ON THE QUESON THE QUESTION ABOUT THE CIRCUMSTANCES SUBJECT TO PROVING WITHIN CRIMINAL FRAUD INVESTIGATIONSUMSTANCES SUBJECT TO PROVING WITHIN CRIMINAL FRAUD INVESTIGATIONS." In Development of legal systems in Russia and foreign countries: problems of theory and practices. ru: Publishing Center RIOR, 2022. http://dx.doi.org/10.29039/02090-6-0-157-159.
Yang, Liu, Jianming Hu, Yujing Li, and Zuo Zhang. "Game Theory Based Signal Control for Single Intersection in Intelligent Vehicle Infrastructure Cooperation Systems (IVICS) Circumstances." In 17th COTA International Conference of Transportation Professionals. Reston, VA: American Society of Civil Engineers, 2018. http://dx.doi.org/10.1061/9780784480915.051.
Fedorov, Roman. "TO THE ISSUE OF CLASSIFICATION OF PERSONS PARTICIPATING IN THE ARBITRATION PROCESS." In Law and law: problems of theory and practice. ru: Publishing Center RIOR, 2020. http://dx.doi.org/10.29039/02033-3/159-170.
The article is devoted to the classification of subjects of arbitration process. Author analyses several traditional approaches to the structure of arbitration procedural legal relations and examine one of its basic elements — the participants of the legal relationship. The author notes that the range of subjects of the arbitration process is unstable and changes depending on the stage of the process, as well as on the nature of the procedural actions performed, and the circumstances of the case under consideration. Special attention is paid to the role and legal status of the court as the main subject in the arbitration process.
8
Won, Dong. "CIRCUMSTANCES INFLUENCING THE SEARCH FOR AND FINDING OF EVIDENCE IN THE FRAMEWORK OF CRIMINAL RAPE INVESTIGATIONS." In Development of legal systems in Russia and foreign countries: problems of theory and practices. ru: Publishing Center RIOR, 2022. http://dx.doi.org/10.29039/02090-6-0-32-35.
Paletta, Lucas, Silvia Russegger, Dietrich Albert, Eva Reininghaus, Melanie Lenger, Maria Fellner, Thomas Lutz, et al. "AI-enabled Playful Enhancement of Resilience and Self-Efficacy with Psychological Learning Theory." In 14th International Conference on Applied Human Factors and Ergonomics (AHFE 2023). AHFE International, 2023. http://dx.doi.org/10.54941/ahfe1003973.
The outbreak of COVID-19 has caused a global public health emergency with multifaceted severe consequences for people’s lives and their mental health. Distress and anxiety are normal responses to such extreme circumstances. The Austrian research project AI-Refit aims at a radically innovative app prototype representing a digital care centre (i) to reinforce resilience by engaging into activities to prevent from depressive symptoms, severe anxiety and stress levels, (ii) to apply playful AI- and sensor-enabled assessment of mental health, (iii) to capture daily lifestyle data for a comprehensive contextual assessment from non-obtrusive wearables, and (iv) to adaptively promote self-efficacy of the individual, based on scientific psychological learning theory.
10
Menyuk, Curtis R. "Linear theory of Raman beam cleanup and amplification in a crossing beam geometry." In OSA Annual Meeting. Washington, D.C.: Optica Publishing Group, 1987. http://dx.doi.org/10.1364/oam.1987.mi12.
In experiments which have been performed to date at the Naval Research Laboratory,1 it has been discovered that the results can be characterized by the Fresnel number of the aberrations D A 2 / λ L , where D A is the transverse scale length of the aberrations, L is the interaction length of the pump and Stokes beams, and λ is the pump wavelength. The results are characterized by the geometry (collinear or crossing beam) and aberrations (phase, amplitude, or both). We show that many of the experimentally observed effects can be explained by a linear theory, although nonlinear effects due to pump depletion are in most cases important. The circumstances in which off-angle contributions, copropagating with the crossing beams, are seeded by the pump and can grow to important levels are elucidated.
Reports on the topic "Theory of aggravating circumstances":
1
Stein, Ernesto H., Mariano Tommasi, and Carlos Scartascini. Veto Players, Intertemporal Interactions and Policy Adaptability: How Do Political Institutions Work? Inter-American Development Bank, August 2008. http://dx.doi.org/10.18235/0011288.
Veto player theory argues that a higher number of veto players lowers the likelihood of change; in turn, policies that do not change help to sustain commitments but may prevent adaptation to changing circumstances. This paper challenges that claim of veto player theory by arguing that policy stability does not necessarily mean lower policy adaptability. If policymaking takes place over time with actors interacting repeatedly, more cooperative polities might be able to achieve both objectives at once, and a higher number of veto players might even favor intertemporal cooperation. The paper presents a simple formalization of the argument and some supportive cross-national empirical evidence.
2
Tommasi, Mariano, Carlos Scartascini, and Ernesto H. Stein. Veto Players and Policy Trade-Offs: An Intertemporal Approach to Study the Effects of Political Institutions on Policy. Inter-American Development Bank, March 2010. http://dx.doi.org/10.18235/0010932.
The capacity to sustain policies over time and the capacity to adjust policies in the face of changing circumstances are two desirable properties of policymaking systems. The veto player approach has suggested that polities with more veto players will have the capacity to sustain policies at the expense of the ability to change policy when necessary. This paper disputes that assertion from an intertemporal perspective, drawing from transaction cost economics and repeated game theory and showing that some countries might have both more credibility and more adaptability than others. More generally, the paper argues that, when studying the effects of political institutions on policy outcomes, a perspective of intertemporal politics might lead to predictions different from those emanating from more a-temporal approaches.
3
Snyder, Claire, Christina T. Yuan, Renee F. Wilson, Katherine Smith, Youngjee Choi, Paul C. Nathan, Allen Zhang, and Karen A. Robinson. Models of Care That Include Primary Care for Adult Survivors of Childhood Cancer: A Realist Review. Agency for Healthcare Research and Quality (AHRQ), February 2022. http://dx.doi.org/10.23970/ahrqepcrealistmodelsofcare.
Objectives. We had two aims: (1) identify and analyze models of survivorship care for adult survivors of childhood cancer that include primary care, and (2) identify available tools, training, and other resources for adult survivors of childhood cancer. Methods. For each aim, we used realist synthesis to provide insights on how and for whom, in what contexts, and via what mechanisms the models of care and resources we identified can be effective for adult survivors of childhood cancer. We developed an initial program theory through searches of the literature and discussions with Stakeholders. We then identified and summarized quantitative evidence that supported or refuted the theory and developed specific hypotheses about how contexts and mechanisms may interact to produce outcomes (i.e., “CMO” hypotheses). The final program theory and CMO hypotheses were presented to Stakeholders for feedback. Results. Our final refined theory describes how, within the overall environment, survivor and provider characteristics and facilitators/barriers interact to produce intermediate and final outcomes. We focus on the role of models of care and resources (e.g., care plans) in these interactions. The program theory variables seen most consistently in the literature include oncology care versus primary care, survivor and provider knowledge (i.e., survivor risks and needs), provider comfort treating childhood cancer survivors, communication and coordination between and among providers and survivors, and delivery/receipt of prevention and surveillance of late effects of original cancer treatment. In turn, these variables played the most prominent role in the seven CMO hypotheses (4 focused on survivors and 3 focused on providers) regarding what works for whom and in what circumstances. Conclusions. To enable models of care that include primary care for adult survivors of childhood cancer, there needs to be communication of knowledge to both survivors and primary care providers. Our program theory provides guidance on the ways this knowledge could be shared, including the role of resources in doing so, and our CMO hypotheses suggest how the relationships illustrated in our theory could be associated with survivors living longer and feeling better through high-value care.
4
Oliver, Sandy, David Gough, and James Copestake. Approaches to evidence synthesis in international development. Centre for Excellence and Development Impact and Learning (CEDIL), August 2017. http://dx.doi.org/10.51744/cpip3.
This paper discusses the spectrum of synthesis methods available to generate, explore and test theory, their value to the field of international development and innovations required to make better use of the primary research available. It goes further than setting substantive priorities for international development impact and learning. It addresses current advances and priority gaps in the methods for research before considering the substantive and methodological direction of evidence synthesis for impact evaluation in international development, particularly as this relates to the work of CEDIL. This scope encompasses methods for all stages in the process, from setting the question to appraising and synthesising the findings. It describes existing methods for synthesis, including how methods vary and the guidance and standards available. It then considers how well existing methods match the field of international development and the latest innovations emerging or required before providing a research agenda for advancing synthesis methods. In particular, it argues for clearer distinctions between syntheses produced as public goods, and those tailored to specific circumstances; and strengthening knowledge systems through greater use of maps to navigate existing and missing evidence, harmonised outcomes and measures, and advances in automation technologies. Improved methods and guidance are required for synthesising formative research and investigating contextual factors. Engaging stakeholders and working across academic disciplines support the production of policy-relevant syntheses and inspire methods development.
5
Rosenfeld and Kiefner. L52270 Basics of Metal Fatigue in Natural Gas Pipeline Systems - A Primer for Gas Pipeline Operators. Chantilly, Virginia: Pipeline Research Council International, Inc. (PRCI), November 2004. http://dx.doi.org/10.55274/r0010154.
The natural gas pipeline industry is rapidly implementing comprehensive integrity management practices to meet the demands of new regulatory imperatives and public interests. These new demands require formal integrity management planning programs be developed and applied where pipeline failures could affect High Consequence Areas�. A formal integrity management plan (IMP) incorporates some process for identifying threats to a pipeline's integrity. Such threats come in many forms and are uniquely dependent on a wide range of attributes associated with an individual pipeline segment. Interest (or concern) has arisen regarding metal fatigue as one such possible integrity threat. We know from some pipeline failures that occasionally and under certain circumstances, fatigue may constitute a potential threat. The cumulative body of knowledge derived by theory, test, and experience on the subject of fatigue and its effects on piping, pressurized equipment, and welded structures is vast in scope and detail, and it is not the intention of this document to summarize that. Rather, it is intended that this document provide natural gas pipeline operators and others interested in natural gas pipeline safety with a useful understanding of the extent to which fatigue could pose a legitimate and actionable safety threat, as well as to demonstrate the author's opinion that in most respects, fatigue remains a comparatively minor risk component of the overall spectrum of threats to natural gas pipeline safety.
