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Статті в журналах з теми "Alleged perpetrator"

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Conrad, Kendon J., Pi-Ju Liu, and Madelyn Iris. "Examining the Role of Substance Abuse in Elder Mistreatment: Results From Mistreatment Investigations." Journal of Interpersonal Violence 34, no. 2 (April 4, 2016): 366–91. http://dx.doi.org/10.1177/0886260516640782.

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Substance abuse has long been identified as a risk factor for elder mistreatment, yet research on the topic remains sparse. This study tested hypotheses whether perpetrator and victim substance use problems were associated with financial exploitation, physical abuse, emotional abuse, and neglect versus no abuse. Cross-sectional data were collected on 948 cases with yes/no substantiation decisions where 357 cases had no abuse in elder mistreatment investigations. Hypotheses were tested using odds ratios, bivariate, and multiple linear regression analyses including a control for victim vulnerability. Of 948 alleged victims, 42 (4.4%) exhibited signs of substance use problems. Among the 323 alleged perpetrators, 87 (26.9%) were reported to have substance use problems. Substance use problems by alleged perpetrators were associated ( p < .01) with financial exploitation, physical abuse, and emotional abuse but not neglect. Substance use problems by alleged victims were associated with neglect, but not the other types. Alleged perpetrators with substance use problems tended to commit multiple forms of abuse, were male and not caregivers. Except for the findings on neglect, the associations with elder mistreatment were stronger for alleged perpetrators with substance use problems, than for alleged victims. Clarification of the role of perpetrator risk factors such as substance abuse should improve risk identification and subsequent intervention.
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Weintraub, Jennifer N. "Obstructing Justice: The Association Between Prosecutorial Misconduct and the Identification of True Perpetrators." Crime & Delinquency 66, no. 9 (January 22, 2020): 1195–216. http://dx.doi.org/10.1177/0011128719901107.

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Prosecutorial misconduct is a potential barrier to identifying true perpetrators of crimes in wrongful conviction cases. Previous theories posit that pressures on prosecutors to carry out their role as ministers of justice in an adversarial system can incentivize misconduct and disincentivize postconviction cooperation, especially regarding alleged misconduct at trial. This study empirically tests how prosecutorial misconduct at trial can affect postconviction proceedings by analyzing the relation between prosecutorial misconduct alleged at trial and the identification of a true perpetrator postconviction in DNA exoneration cases. Results demonstrate that, as predicted, prosecutorial misconduct is associated with a decrease in the odds of true perpetrator identification. This work further underscores the need for the implementation of functional policy to deter prosecutorial misconduct.
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Jaudes, P. Kienberger, and M. Martone. "Interdisciplinary Evaluations of Alleged Sexual Abuse Cases." Pediatrics 89, no. 6 (June 1, 1992): 1164–68. http://dx.doi.org/10.1542/peds.89.6.1164.

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Children who are alleged to have been sexually abused often go through gruelling interrogations to relate their experiences to adults and, even then, most are not viewed as reliable sources of information. The Victim Sensitive Interviewing Program (VSIP) was initiated to decrease the number of interviews endured by a child who allegedly had been sexually abused. The program brought together the disciplines involved in the evaluation of these cases: hospital-based social worker and pediatrician, state child protective agency worker, police, and assistant state's attorney. This team established a protocol for an investigative interview to be conducted by a team member. Pre-VSIP sexual abuse evaluations from 1985 and 1986 (38) were compared with VSIP evaluations (226) from 1987 and 1988. There was no significant difference between the two groups in relation to gender or age of victim, physical symptoms, physical findings, sexually transmitted diseases present, age of perpetrator, or length of stay in hospital. However, there were significant differences between the two groups in (1) number of interviews, 11% pre-VSIP vs 79% VSIP receiving only one interview (P &lt; .001); (2) number of interviewers, 24% pre-VSIP vs 88% VSIP were interviewed by only one interviewer (P &lt; .001); (3) indicated cases of sexual abuse, 68% pre-VSIP vs 88% VSIP (P &lt; .006); (4) identification of the perpetrator, 71% pre-VSIP vs 85% VSIP (P &lt; .035); and (5) charges pressed if perpetrator identified, 33% pre-VSIP vs 60% VSIP (P &lt; .010). It is concluded that interdisciplinary evaluations of alleged sexual abuse in children not only decreased the number of interviews a child must undergo but also increased the likelihood of indicated cases, identification of the perpetrator, and charges being pressed. Therefore, it is strongly recommended that interdisciplinary teams be formed to assess alleged sexual abuse in children.
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Al-Jilaihawi, Sarah, Kevin Borg, Katharine Jamieson, Sabine Maguire, and Deborah Hodes. "Clinical characteristics of children presenting with a suspicion or allegation of historic sexual abuse." Archives of Disease in Childhood 103, no. 6 (November 7, 2017): 533–39. http://dx.doi.org/10.1136/archdischild-2017-313676.

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IntroductionPolice-recorded sexual offences against children and young people (CYP) increased 85% in the UK between 2010/2011 and 2014/2015. Many children delay disclosure, but little data are available regarding characteristics of CYP presenting with historic child sexual abuse (CSA).AimTo identify the clinical and CSA-related characteristics of CYP presenting with a suspicion or allegation of historic CSA.MethodData were collected on all CYP<17 years presenting with suspected or alleged historic CSA (ie, >3 days since last sexual assault in prepubertal children, >7 days pubertal girls) between October 2009 and November 2014. Data collected: source and indication for referral, alleged perpetrator, physical findings. Findings supportive of CSA were peer reviewed for consensus agreement. Analysis: χ2 test, Fisher’s exact test and logistic regression.ResultsAmong 249 CYP, presentation with physical/behavioural symptoms was associated with age <13 years (p<0.01), and alleged penetration with ages 13–17 years (p<0.01). Where known, time since alleged CSA ranged from 1 week to 13 months. Anogenital findings supportive of CSA were present in 7% of examined children (16/233), significantly associated with alleged penetration (p<0.01) and more likely with increasing age (OR 1.46, 95% CI 1.23 to 1.72). Additionally, where tested, sexually transmitted infections (STI) were detected in 2.6% CYP (3/116). Alleged perpetrators were intrafamilial in 66% (126/190). No associations were identified between perpetrator type and gender (p=1.0), age (p=0.7) or indication for referral (p=0.35).ConclusionsDespite significant time delay since the alleged CSA, this study highlights the persistence of anogenital findings supportive of CSA in 7% and STIs in 2.6% of CYP.
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Pathak, Professor Bishnu. "World’s Disappearance Commissions: An Inhumanious Quest for Truth." World Journal of Social Science Research 3, no. 3 (June 8, 2016): 274. http://dx.doi.org/10.22158/wjssr.v3n3p274.

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<p><em>Enforced </em><em>D</em><em>isappearance (ED) is a crime against humanity. </em><em>It has been a long, but neglected history. It is a denial </em><em>of all access to the families, lawyers and the like. </em><em>The families of </em><em>ED persons </em><em>recall the whereabouts the fate of their loved ones dawn to dusk. </em><em>A total of 54 post-countries have experienced having Truth Commissions. Such Commissions identify, investigate and reveal the past wrongdoings hoping to resolve crises. Out of these, 15 Truth Commissions were or are formed focusing more on ED persons to provide justice to the families of the victims and to end impunity prosecuting the (alleged) perpetrators. Ironically, the (alleged) perpetrators have received justice, but families of victims are further victimized. </em><em>The paper is prepared based on the victim-centric approach following the human security theories: Freedom to Perpetrator, Freedom of Perpetrator-Victim, and Freedom at Victim. The Freedom to Perpetrator includes Algeria, Colombia, East-Timor, El Salvador, Jambu-Kashmir, Pakistan, South Africa, Sri Lanka, Uganda and Uruguay; Freedom of Perpetrator-Victim comprises Argentina, Bolivia, Chile and Peru; and Freedom at Victim consists of Nepal.</em><em> Besides, amnesty and reconciliation measures were studied to analyze the failed, moderated and successful Truth Commissions. Nepal’s disappearance Commission has neither amnesty nor reconciliation provision.</em></p>
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Roberto, Karen A., and Pamela B. Teaster. "ELDER ABUSE AND THE OPIOID CRISIS: PERPETRATORS WHO ARE SUBSTANCE USERS." Innovation in Aging 3, Supplement_1 (November 2019): S763. http://dx.doi.org/10.1093/geroni/igz038.2804.

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Abstract Substance abuse, particularly the diversion/abuse of prescription drugs along with illicit opioid deviates by alleged perpetrators has been identified as is a risk factor for elder abuse. The purpose of this study was to characterize cases of elder abuse substantiated by APS in which the perpetrator used opioids and related substances. Guided by the Contextual Theory of Elder Abuse, we conducted a within-case/across-cases thematic analysis of Kentucky APS caseworkers’ notes on 40 substantiated cases of elder abuse. Financial exploitation was the most commonly identified type of abused associated with perpetrators who abuse opioids. Findings revealed that most cases of elder abuse occurred when the perpetrators’ substance abuse intersected with employment status, complex family relationships, and a history of altercations with the law. Findings provide new insights into a more elaborate conception of the ways in which the opioid epidemic is contributing to the perpetration of elder abuse today.
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Rubanzana, Wilson, Bethany L. Hedt-Gauthier, Joseph Ntaganira, and Michael D. Freeman. "Exposure to Genocide as a Risk Factor for Homicide Perpetration in Rwanda: A Population-Based Case–Control Study." Journal of Interpersonal Violence 33, no. 12 (December 16, 2015): 1855–70. http://dx.doi.org/10.1177/0886260515619749.

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A population-based case-control study was conducted to assess the relationship between genocide exposure and homicide perpetration in Rwanda. A sample of 150 homicide perpetrators who were charged with and confessed to having committed homicide between 1 May 2011 and 31 May 2013 and 450 controls were enrolled. Cases were matched to controls by neighborhood, age and sex. Socio-demographic, background and genocide-related information was collected from study subjects’ next of kin. Four characteristics of genocide exposure were: genocide survivor, genocide perpetrator, having lost a first-degree relative to genocide and having a first-degree relative convicted of genocide. We assessed the impact of each genocide-exposure variable using conditional logistic regression. Of the 150 cases, 124 (82.7%) were male and 26 (17.3%) were female. The mean age of the alleged homicide perpetrators was 33 years, with a peak in the age group 20-29 years (39.3%). After adjusting for socio-demographic characteristics and past common criminal records, having a first-degree relative who had been convicted of genocide crimes was a significant predictor for homicide perpetration (odds ratio [OR] = 14.4, 95% confidence interval [CI] = 1.6-129.4). Being a genocide perpetrator, a genocide survivor and having lost a first-degree family member to genocide were not identified as risk factors for homicide perpetration. In Rwanda, young people who experienced early exposure to trauma by witnessing their first-degree relatives’ active participation in the genocide, are more likely to commit homicide. Socio-economic and psychotherapeutic programs targeting this population group are needed to rehabilitate these young people for violent behavior change.
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O'Bryan, David, and Jeffrey J. Quirin. "The Obvious Fraud Revisited: The Admission-Seeking Interview." Journal of Business Case Studies (JBCS) 14, no. 4 (September 25, 2018): 69–96. http://dx.doi.org/10.19030/jbcs.v14i4.10205.

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E.Z. Pickens Conglomerate, S.A. is a large, multi-national manufacturing organization. Approximately six months ago an anonymous tip was left on the company’s fraud hotline. The tip pertained to a division manager of the company who had allegedly perpetrated a fraudulent vendor scheme in collaboration with their significant other. Your company’s internal audit department conducted a review of the vendor file, corroborated the allegation, and forwarded their findings to your department. You supervised a complete investigation into the matter which will now culminate with an admission-seeking interview of the fraudster. Your task is to review the investigative file, prepare to confront the alleged perpetrator, and then conduct the admission-seeking interview to obtain an oral and written confession.
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Yamawaki, Niwako, Christina Riley, Claudia Rasmussen, and Mary Cook. "The Effects of Obesity Myths on Perceptions of Sexual Assault Victims and Perpetrators’ Credibility." Journal of Interpersonal Violence 33, no. 4 (December 10, 2015): 662–85. http://dx.doi.org/10.1177/0886260515613343.

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This study investigated the effects of obesity myths on blame attribution and the perceived credibility of both an alleged sexual assault victim and her perpetrator. Participants were randomly assigned to one of three sexual assault scenarios (in which either the victim or the perpetrator was described as obese and one in which both were described as obese) and responded to questions measuring the blame attribution and perceived the credibility of both individuals. A main effect of scenario was found on the perpetrator’s credibility, indicating that participants rated the obese perpetrator as more credible when the victim was obese in comparison with when the victim was nonobese. However, no main effect of scenario was found on the victim’s credibility and blame attribution, denoting that the victim’s or perpetrator’s weight did not influence participants’ perceptions of the victim’s credibility or blame attribution. The belief in obesity myths was the most significant predictor of victim blaming. However, differing patterns of the effects of obesity myths were found on the victim’s credibility and the perpetrator’s credibility. The belief in obesity myths was a significant predictor only when the victim was obese, whereas it was not a significant predictor in the scenarios where both the victim and the perpetrator were obese or the perpetrator was obese and the victim was nonobese. As for the perpetrator’s credibility, the belief of obesity myths was not a significant predictor. Instead, the scenario was a significant predictor. Implications of obesity-myth endorsement in relation to sexual assault are discussed.
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Abner, Erin L., Pamela B. Teaster, Marta S. Mendiondo, Holly Ramsey-Klawsnik, Jennifer L. Marcum, Tim N. Crawford, and Tenzin Wangmo. "Victim, Allegation, and Investigation Characteristics Associated With Substantiated Reports of Sexual Abuse of Adults in Residential Care Settings." Journal of Interpersonal Violence 34, no. 19 (October 17, 2016): 3995–4019. http://dx.doi.org/10.1177/0886260516672051.

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The purpose of this study was to identify characteristics of investigations of sexual abuse concerning vulnerable adults residing in facility settings that were associated with case substantiation. Data on 410 reports of sexual abuse were collected prospectively from Adult Protective Services (APS) and state licensure agency staff in New Hampshire, Oregon, Tennessee, Texas, and Wisconsin over a six-month period. Specifically, we examined differences between reports that were substantiated and those that were not by comparing characteristics of alleged victims, alleged perpetrators, and aspects of investigation using logistic regression. We found that a relatively low proportion of cases (18%) were substantiated overall. Compared to cases that were not substantiated, cases that were substantiated were more likely to feature nursing home residents, older victims, female victims, and allegations of physical contact between the alleged perpetrator and victim. Despite the high proportion of alleged perpetrators who were facility staff (51%) compared to resident perpetrators (25%), cases with resident-to-resident allegations of abuse were much more likely to be substantiated, accounting for 63% of substantiated cases. In light of these findings, we believe it is important that investigators are trained to handle sexual abuse cases appropriately and that they are able to investigate the case thoroughly, promptly, and with as much information as possible. It is also critical that investigators make substantiation decisions using the appropriate standard for confirmation (e.g., preponderance of the evidence, beyond a reasonable doubt, clear and convincing evidence) as state law dictates.
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Дисертації з теми "Alleged perpetrator"

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Jenkins, Moira Fay. "Workplace bullying: the perceptions of the target, the alleged perpetrator and the HR professional: integrating stakeholders’ voices to improve practice and outcomes." Thesis, 2011. http://hdl.handle.net/2440/68744.

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Through three exploratory studies encompassing different stake-holder perspectives, this thesis examines what happens when people complain about workplace bullying. In the first study, thirty one participants who had submitted formal complaints described a wide range of negative workplace behaviours as bullying, and all reported detrimental psychological and physical consequences as a result. Perceptions of unfairness was a major theme to emerge from the interviews, as was the importance of complainants validating their experience and obtaining justice through legal and other types of advocacy. Sixty-three per cent of complainants submitted a workers' compensation claim as a result of bullying and an accepted workers' compensation claim was viewed as validating their perception of the bullying. Thirty accused bullies participated in the second study. Antecedents to the workplace bullying complaints were similar to those found in studies of bullied targets. Many participants viewed themselves as victims of bullying by their staff and others defended their behaviour as legitimate performance management techniques. The accused bullies reported negative psychological health outcomes in terms of depression, anxiety, post-traumatic stress and suicidal ideation, irrespective of whether they had been found guilty of bullying or not. The third study examined the bullying complaint process from the perspective of the human resources' (HR) consultant, using focus groups. The main themes to emerge were the framing of bully complaints as conflicts, a push to manage bully complaints through conflict management and conciliatory processes and the lack of follow-up after complaint resolution. These results are discussed in light of the negative perception of fairness that a conflict-management perspective could have for complainants who believe their bullying allegations have not been taken seriously by the organisation. Overall, results highlight the subjective nature of the term bullying and suggest that a perception of injustice is central to an understanding of workplace bullying. The way that a bullying complaint is framed and managed by HR personnel can serve to exacerbate this sense of unfairness. These studies break the long tradition of primarily only listening to the victims' perspective in work-place bullying research.
Thesis (Ph.D.) -- University of Adelaide, School of Psychology, 2011
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Книги з теми "Alleged perpetrator"

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Imroz, Parvez. Alleged perpetrators: Stories of impunity in Jammu and Kashmir. Srinagar: International People's Tribunal on Human Rights and Justice in Indian-administered Kashmir and Association of Parents of Disappeared Persons, 2012.

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Zimbabwe Human Rights NGO Forum., ed. Who was responsible?: Alleged perpetrators and their crimes during the 2000 parliamentary election period : a report. Harare: The Forum, 2001.

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Kopstein, Jeffrey S., and Jason Wittenberg. Intimate Violence. Cornell University Press, 2018. http://dx.doi.org/10.7591/cornell/9781501715259.001.0001.

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Why do pogroms occur in some localities and not in others? This book address that age-old question through an examination of a particularly brutal wave of violence that occurred across hundreds of predominantly Polish and Ukrainian communities in the aftermath of the June, 1941 German invasion of the Soviet Union. Exploiting the collapse of state authority, some Poles and Ukrainians viciously attacked their Jewish neighbors. Against explanations that focus on antisemitism or alleged Jewish support for communism, Intimate Violence argues that pogroms were most likely to occur where Jews had sought national equality with Poles and Ukrainians prior to the outbreak of war. In these communities, where Jews challenged Poles’ and Ukrainians’ dreams of national dominance, local non-Jews were more likely to perpetrate violence and less likely to protect their Jewish neighbors. Intimate Violence is a novel social scientific explanation of ethnic violence and the Holocaust that combines statistical analysis of an original data set with archival research and case studies. It cuts through painful debates about relative victimhood that are driven more by metaphysical beliefs in Jewish culpability than empirical evidence of actual perpetrators and victims. In doing so it sheds new light on the roots of mass ethnic violence and the ways in which such gruesome acts might be avoided.
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Fakhro, Elham. Truth and Fact-Finding in the Arab Monarchies. Oxford University Press, 2017. http://dx.doi.org/10.1093/acprof:oso/9780190628567.003.0009.

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In Chapter 9, Elham Fakhro examines the use of truth and fact-finding commissions in two monarchies, pre- and post-Arab Spring. She argues that in Morocco and Bahrain the absence of regime change has not prevented the use of truth-telling. However, that same absence of reform has constrained the scope of these mechanisms, preventing the naming of alleged perpetrators or units. And, she argues, the wider political settlement between regimes and reformers has limited the potential for the creation of other transitional justice mechanisms, or for truth-telling to act as a catalyst to reform.
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Pfeifer, Michael J. Vigilantes, Criminal Justice, and Antebellum Cultural Conflict. University of Illinois Press, 2017. http://dx.doi.org/10.5406/illinois/9780252036132.003.0003.

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This chapter traces, in the social and legal context of the southern, midwestern, and western frontiers, the lethal transition from the nondeadly collective violence (typically floggings) perpetrated by regulator movements in the late eighteenth and early nineteenth centuries, to the prolific extralegal hangings of gamblers, alleged slave insurrectionists, horse thieves, and murderers in Mississippi, Iowa, and Wyoming Territory from the mid-1830s through the late 1860s. Furthermore, the chapter looks at the phenomenon of vigilantism and how it operates within the legal context of the period. Vigilantes articulated a preference for criminal justice that privileged local opinion over a neutral commitment to due process law and the rights of the defendant, a stance that rejected an emerging commitment in reformist circles and in the legal culture to the notion of a fair-handed, omnipotent state as arbitrator of community differences and guarantor of individual rights.
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Частини книг з теми "Alleged perpetrator"

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Lekha Sriram, Chandra. "Perpetrators, Fieldwork, and Ethical Concerns." In Perpetrators of International Crimes, 57–71. Oxford University Press, 2019. http://dx.doi.org/10.1093/oso/9780198829997.003.0004.

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This chapter contributes to the discussion within the field of perpetrator studies on how to study alleged perpetrators of international crimes. It does so by focusing upon ethical concerns and fieldwork in the shadow of potential trials at the domestic or international level. Drawing upon the extended fieldwork of the author, and presenting case studies from Africa, Asia, and South America, it argues that researchers should be more attentive to the power-relations between researcher and researched. It also discusses the need for researchers to be aware of the role that research plays in analysis of alleged perpetrators inside and outside of judicial processes.
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Coverage, Crime. "What the Watchdogs Watch, Why, and Why Watching Matters." In Murder in our Midst, 89–106. Oxford University Press, 2020. http://dx.doi.org/10.1093/oso/9780190863531.003.0005.

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Watchdog reporters’ crime coverage practices are contrasted with those of the Protector countries; while the latter largely trust their institutions and government officials, Watchdogs do not. Thus, they routinely publish extensive details about an offense, an alleged perpetrator, and victims. This chapter explores how, on the one hand, these details can lead to an exploration of larger social issues, but, on the other hand, they can also lead to sensationalism. Watchdogs want few limits on transparency, but they can lose sight of what people need to know, and cater to capitalist ends, rather than sound, journalistic ones. Journalists in this model see their primary obligation as informing the people because sunlight is the best disinfectant. Using an historical perspective, we outline how the principles of the Enlightenment, the emphasis on the individual, and an abiding belief in peoples’ ability to be rational, underlie this ethical perspective and influence crime coverage choices.
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Zeidel, Robert F. "Effects of War." In Robber Barons and Wretched Refuse, 160–80. Cornell University Press, 2020. http://dx.doi.org/10.7591/cornell/9781501748318.003.0008.

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This chapter addresses how the onset of World War I raised questions about if and how the United States should prepare itself for a military confrontation with a “foreign” enemy, and gave added implications to any talk of armed class conflict, especially if it involved immigrant workers. Americans everywhere increasingly championed the need to provide adequate defense against a potential attack from abroad. But this bulwark alone would not suffice. Dangers to national security also emanated from domestic sources, especially those deemed foreign or un-American. Millions of immigrants, already under scrutiny for their involvement in labor unrest, became potentially dangerous internal enemies. Business leaders would use this heightened tension to portray strikes, and the agitators who allegedly fostered them, as threats to national security. Alleged perpetrators became saboteurs and traitors. In pursuit of their eradication, what had been tacit connections between business interests and governmental agencies in the pursuit of labor tranquility became more direct and the results more draconian.
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"5. A Policeman, His Gun, and an Alleged Rape: Competing Appeals for Justice in Tianjin, 1966–1979." In Victims, Perpetrators, and the Role of Law in Maoist China, 127–49. De Gruyter Oldenbourg, 2018. http://dx.doi.org/10.1515/9783110533651-006.

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Mullins, Willow G. "Where Have All the Hoaxes Gone?" In Implied Nowhere, 191–200. University Press of Mississippi, 2019. http://dx.doi.org/10.14325/mississippi/9781496822956.003.0014.

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As folklorists know, one way to gain understanding of a group is through the folklore they produce. In this essay, folklorists are the group, and the hoaxes perpetrated by and on them, or the lack of such hoaxes, offer some insight into the culture of folklore studies. Looking at a series of alleged hoaxes, including the Tasaday tribe, MacPhearson's Ossian, and Leland's Aradia, the essay probes folklorists' desire to believe and disbelieve. Folklorists have historically proven difficult to hoax, to intentionally deceive, but that disciplinary skepticism may come with a cost.
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Braxton, Gordon. "Starting the Conversation." In Empowering Black Boys to Challenge Rape Culture, 38–63. Oxford University Press, 2021. http://dx.doi.org/10.1093/oso/9780197571675.003.0003.

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Helping boys stand against sexual violence is not a one-time event and requires a sustained conversation. Chapter 4 identifies some key complications that boys may face once they decide to share their voices so that caretakers can be prepared to help them through the process of adopting anti-violent perspectives. Particular emphasis is given to questioning the popular notion of defending alleged Black perpetrators as a default position for Black boys. Standing against violence is definitively pro-Black, as this chapter explains. The chapter also identifies the social justice ideologies held by many Black boys as a potential resiliency factor that can help them to adopt anti-violence perspectives.
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Stallard, Katie. "Enemies." In Dancing on Bones, 35–49. Oxford University Press, 2022. http://dx.doi.org/10.1093/oso/9780197575352.003.0004.

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This chapter explores the version of history North Korea tells its citizens about the Korean War, including how the war started, alleged atrocities perpetrated against civilians during the war, the extent of the air war, and the claim that the armistice with which the conflict ended was a great victory for Kim Il Sung. It examines how the regime draws on exaggerated claims of the threat the country faces to justify the Kim family’s pursuit of nuclear weapons and missile technology. It also covers the Chinese Communist Party’s narrative of the Korean War and associated anti-American propaganda campaign. This chapter covers the period 1950–1962.
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Junker, Carsten. "Staging the Scaffold: Criminal Conversion Narratives of the Late Eighteenth Century." In Deferred Dreams, Defiant Struggles, 77–93. Liverpool University Press, 2018. http://dx.doi.org/10.3828/liverpool/9781786940339.003.0005.

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Chapter considers how criminal conversion narratives staged the personae of enslaved black men in ways that legitimised white-coded religious and legal discourses. It also discusses the ways in which abolitionists used the same narratives to bolster their cause, namely by diverting attention away from the alleged crimes of the enslaved toward the cruelties that drove the perpetrators to commit their crimes in the first place. Indeed, the chapter argues that criminal conversion narratives oscillated between contradictory functions: potentially humanizing the enslaved by framing them as redeemable subjects, on the one hand, and presenting them as pieces of property that can be subjected to violent punishment, thereby condemning them to the sphere of the not-quite-human and preserving civic society as the realm of white power, on the other.
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Milošević, Mladen, Bojana Savović, and Milena Božović. "Krivičnopravna zaštita od nasilničkog ponašanja na sportskim priredbama." In Srpski fudbal - uporednopravni izazovi i perspektive II, 57–69. Institut za uporedno pravo, 2022. http://dx.doi.org/10.56461/zr_22.sf.05.

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The frequency and consequences of violence at sport events in Serbia produces serious public concerns. Concrete manifestations of this socially dangerous phenomenon, especially its alleged links with organized crime, has led the subjects of Criminal policy to introduce criminal sanctions, because liability under other branches of law showed not to be sufficient. Perpetrators of violent acts at stadiums and other sport objects as well as responsible persons and officials who failed to prescribe and implement safety and security preventive measures, can now be prosecuted under provisions of Criminal and Misdemeanor Law. The authors present and analyze Serbian Criminal legislation in this area. Also, they consider court practice and its problems and dilemmas in practical implementation of legal provisions. The paper provides commentary of key legal provisions and the analyses of different interpretations and their legal consequences. In the concluding remarks, the authors present legal-dogmatic and criminal-policy dilemmas and examine the theoretical basis of various interpretations created in the process of applying the law.
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Harward, Grant T. "1941: Holy War and Holocaust." In Romania's Holy War, 92–130. Cornell University Press, 2021. http://dx.doi.org/10.7591/cornell/9781501759963.003.0005.

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This chapter argues that when faith in victory was highest in summer and fall 1941, the Romanian Army perpetrated the most atrocities against Jews. Soldiers commit two varieties of atrocity, either “hot-blooded” or “cold-blooded.” A hot-blooded atrocity occurs when soldiers come under fire, especially if they suffer casualties, triggering a primal reaction of fear and anger resulting in the criminal murder of civilians or prisoners of war. In 1941, the myth of Jewish betrayal in 1940 contributed to a paranoia among Romanian soldiers of guerrillas—the franc-tireurs (literally “free shooter”)—lurking in the rear. As a consequence, Romanian troops targeted alleged Jewish communists for reprisals after losing comrades or experiencing a defeat. A cold-blooded atrocity results from a policy to brutalize and kill those who resist the occupier, in order to deter others or any who were members of a group deemed a threat by the occupier.
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Звіти організацій з теми "Alleged perpetrator"

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Rahmé, Marianne, and Alex Walsh. Corruption Challenges and Responses in the Democratic Republic of Congo. Institute of Development Studies, January 2022. http://dx.doi.org/10.19088/k4d.2022.093.

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The Democratic Republic of the Congo (DRC) consistently scores in the lowest rungs of global indexes on corruption, integrity and wider governance standards. Indeed, corruption of different sorts pervades public and corporate life, with strong ramifications for human development. Although the DRC is one of the richest countries in the world in terms of natural resources, its people are among the globe’s poorest.Corruption in the extractive industries (minerals and oil) is particularly problematic in terms of scale and its centrality to a political economy that maintains elites and preserves the highly inequitable outcomes for the majority. The politico-economic elites of the DRC, such as former President Joseph Kabila, are reportedly significant perpetrators but multinationals seeking valuable minerals or offering financial services are also allegedly deeply involved. Corruption is therefore a problem with national and international roots.Despite national and international initiatives, levels of corruption have proven very stubborn for at least the last 20 years, for various reasons. It is a structural and not just a legal issue. It is deeply entrenched in the country’s political economy and is driven both by domestic clientelism and the fact that multinationals buy into corrupt deals. This rapid review therefore seeks to find out the Corruption challenges and responses in the Democratic Republic of Congo.Grand level corruption shades down into the meso-level, where for instance, mineral laden trucks are systematically under-weighted with the collusion of state officials. With severe shortfalls in public funding, certain public services, such as education, are supported by informal payments. Other instances of petty corruption facilitate daily access to goods and services. At this level, there are arguments against counting such practices as forms of corruption and instead as necessary survival practices.To address the challenge of corruption, the DRC is equipped with a legal system that is of mixed strengths and an institutional arsenal that has made limited progress. International programming in integrity and anti-corruption represents a significant proportion of support to the DRC but much less than humanitarian and governance sectors. The leading international partners in this regard are the EU, US, UNDP, UK, African Development Bank, Germany and Sweden. These partners conduct integrity programming in general governance issues, as well as in the mineral and forest sectors.The sources used in this rapid review are gender blind and converge on a very negative picture The literature ranges from the academic and practitioner to the journalistic and investigative, and taken as a whole, is of good quality, drawing on different types of evidence including perceptions and qualitative in-country research. The sources are mostly in English with two in French.
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Lewis, Dustin. Three Pathways to Secure Greater Respect for International Law concerning War Algorithms. Harvard Law School Program on International Law and Armed Conflict, 2020. http://dx.doi.org/10.54813/wwxn5790.

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Existing and emerging applications of artificial intelligence in armed conflicts and other systems reliant upon war algorithms and data span diverse areas. Natural persons may increasingly depend upon these technologies in decisions and activities related to killing combatants, destroying enemy installations, detaining adversaries, protecting civilians, undertaking missions at sea, conferring legal advice, and configuring logistics. In intergovernmental debates on autonomous weapons, a normative impasse appears to have emerged. Some countries assert that existing law suffices, while several others call for new rules. Meanwhile, the vast majority of efforts by States to address relevant systems focus by and large on weapons, means, and methods of warfare. Partly as a result, the broad spectrum of other far-reaching applications is rarely brought into view. One normatively grounded way to help identify and address relevant issues is to elaborate pathways that States, international organizations, non-state parties to armed conflict, and others may pursue to help secure greater respect for international law. In this commentary, I elaborate on three such pathways: forming and publicly expressing positions on key legal issues, taking measures relative to their own conduct, and taking steps relative to the behavior of others. None of these pathways is sufficient in itself, and there are no doubt many others that ought to be pursued. But each of the identified tracks is arguably necessary to ensure that international law is — or becomes — fit for purpose. By forming and publicly expressing positions on relevant legal issues, international actors may help clarify existing legal parameters, pinpoint salient enduring and emerging issues, and detect areas of convergence and divergence. Elaborating legal views may also help foster greater trust among current and potential adversaries. To be sure, in recent years, States have already fashioned hundreds of statements on autonomous weapons. Yet positions on other application areas are much more difficult to find. Further, forming and publicly expressing views on legal issues that span thematic and functional areas arguably may help States and others overcome the current normative stalemate on autonomous weapons. Doing so may also help identify — and allocate due attention and resources to — additional salient thematic and functional areas. Therefore, I raise a handful of cross-domain issues for consideration. These issues touch on things like exercising human agency, reposing legally mandated evaluative decisions in natural persons, and committing to engage only in scrutable conduct. International actors may also take measures relative to their own conduct. To help illustrate this pathway, I outline several such existing measures. In doing so, I invite readers to inventory and peruse these types of steps in order to assess whether the nature or character of increasingly complex socio-technical systems reliant upon war algorithms and data may warrant revitalized commitments or adjustments to existing measures — or, perhaps, development of new ones. I outline things like enacting legislation necessary to prosecute alleged perpetrators of grave breaches, making legal advisers available to the armed forces, and taking steps to prevent abuses of the emblem. Finally, international actors may take measures relative to the conduct of others. To help illustrate this pathway, I outline some of the existing steps that other States, international organizations, and non-state parties may take to help secure respect for the law by those undertaking the conduct. These measures may include things like addressing matters of legal compliance by exerting diplomatic pressure, resorting to penal sanctions to repress violations, conditioning or refusing arms transfers, and monitoring the fate of transferred detainees. Concerning military partnerships in particular, I highlight steps such as conditioning joint operations on a partner’s compliance with the law, planning operations jointly in order to prevent violations, and opting out of specific operations if there is an expectation that the operations would violate applicable law. Some themes and commitments cut across these three pathways. Arguably, respect for the law turns in no small part on whether natural persons can and will foresee, understand, administer, and trace the components, behaviors, and effects of relevant systems. It may be advisable, moreover, to institute ongoing cross-disciplinary education and training as well as the provision of sufficient technical facilities for all relevant actors, from commanders to legal advisers to prosecutors to judges. Further, it may be prudent to establish ongoing monitoring of others’ technical capabilities. Finally, it may be warranted for relevant international actors to pledge to engage, and to call upon others to engage, only in armed-conflict-related conduct that is sufficiently attributable, discernable, and scrutable.
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