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1
Campbell, Michael C. "Criminal disenfranchisement reform in California." Punishment & Society 9, no. 2 (April 2007): 177–99. http://dx.doi.org/10.1177/1462474507074748.
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Lazorak, Bogdan, and Nazar Zabolotskyy. "OIL LAW AND CRIMINAL VIOLATIONS IN "SKHIDNYTSIA CALIFORNIA"." Problems of humanities. History, no. 6/48 (April 27, 2021): 224–54. http://dx.doi.org/10.24919/2312-2595.6/48.228492.
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Summary. The purpose of the article – is to study the most secret criminal environment of "Skhidnytsia California" – one of the most remote centres of oil extraction attracting the attention of hundreds of well-known financial swindlers in the Habsburg Empire as well as organized criminal groups. The research methodology is based on the principles of historicism, systematics, objectivity as well as methods of historiographical analysis and synthesis. The scientific novelty of the article is an attempt to research criminal offenses that took place in the Skhidnytsia area. Conclusions. The analyzed problem has attracted scientific interest. The historians tried to show that in the XIX – early XX centuries oil became the subject of blatant controversy in society, the cause of global crises, numerous wars, international exile, instant wealth and a source of profit for the criminal world, which managed to organize an effective web of grey economy around the oil business less associated with the indigenous population of the province. The authors show that organized criminal groups appeared in the vicinity of Skhidnytsia in the early twentieth century and they were engaged exclusively in robbery of the local population, robbery of oil rigs, branches of savings banks, etc. In particular, many thefts were directly related to oilfield equipment, which was very expensive and sold in Skhidnytsia specialty stores. Many facts have been found which indicate to the existence of unwritten customary law among "industrial gangs" mainly based on the principle of silence and blood revenge. The authors raced that increased of brine production, shadow capital accumulation, clandestine transit, money laundering, fire losses, employee irresponsibility, unpaid wages and hundreds of other precedents were the source of litigation, which in turn were a living field for the fashionable legal business, which against the background of the oil industry, and even more so the rigid tax system was increasingly adapted to industrial conditions of "Skhidnytsia California".
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Weller, Charles D. "Criminal Antitrust." Antitrust Bulletin 61, no. 4 (November 17, 2016): 599–610. http://dx.doi.org/10.1177/0003603x16677783.
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In the crucible of defending a criminal antitrust case working with outstanding criminal defense lawyers soon after the Supreme Court revolutionized sentencing law by holding the Constitution requires the jury, not the judge, to decide key sentencing fact issues in Booker and related cases led to areas of criminal constitutional law outside the usual purview of antitrust. This unusual mix of law and people combined to create the discovery of five new constitutional defenses contrary to long-accepted practice in criminal antitrust that can be asserted to the Antitrust Division early in an antitrust criminal investigation, in motions to dismiss an indictment, before or at a charging conference and otherwise: (1) The standard antitrust practice of the judge, not the jury, deciding the “naked agreement” element of a per se crime is unconstitutional. (2) The standard per se antitrust jury instruction that conclusively presumes the statutory restraint of trade element of the crime is unconstitutional. (3) The standard antitrust practice where the antitrust division, not the grand jury, decides the “naked agreement” element is unconstitutional. (4) “Naked agreement” facts are “essential facts” that must be included in the indictment or the indictment is defective and unconstitutional. (5) All per se crimes are common law court created crimes, and thus unconstitutional because only Congress can create crimes.
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Child, John, and Jonathan Rogers. "Criminal Law Reform Now." Journal of Criminal Law 81, no. 4 (August 2017): 282–91. http://dx.doi.org/10.1177/0022018317705771.
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The principal aim of this article is to introduce a new criminal law reform initiative: The Criminal Law Reform Now Network (CLRN Network). The article begins in Part 1 by setting the scene for law reform in this jurisdiction, exposing and discussing four major challenges that await any would-be reformer or network: 1) The Political Red Line, 2) The Political Preference for Simple Headlines, 3) The Political Indifference to Principles of Criminalisation, and 4) The Division Between Academics and Practitioners. From here, in Part 2, we introduce the ambitions and processes envisaged for the new CLRN Network. Launched in 2017, the mission of the CLRN Network is to facilitate collaboration between academics and other legal experts to gather and disseminate comprehensible proposals for criminal law reform to the wider community. The aim is to include members of the public and mainstream media as well as legal professionals, police, policymakers and politicians. Proposals from the CLRN Network might require legislation, but will not be restricted to such projects. Reforms which public bodies such as the Home Office, Police or CPS could bring about by internal policies may be included, as well as reforms which require the support of some of the judiciary, bearing in mind the proper judicial constraints on law making. The CLRN Network will be ready to consult with and make suggestions to anyone who has the power to bring about reform.
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Basysta, Iryna. "Classifying Actions in Sentencing Based on the Classifying Criterion “Repeated”: Correlation between Criminal Procedural and Criminal Law Aspects." NaUKMA Research Papers. Law 6 (February 15, 2021): 3–11. http://dx.doi.org/10.18523/2617-2607.2020.6.3-11.
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Presently, different judicial divisions of the Criminal Cassation Court of the Supreme Court offer varying legal conclusions concerning the possibility to classify the actions of a person when sentencing based on the criterion of classification “repeated” varies. This conclusion follows from the analysis of the judicial Decree as of December 11, 2019 (Proceeding No. 51-4204 км 19, Сase No. 274/2956/17) of the Third judicial division of the Criminal Cassation Court, the Decree of the First judicial division of the Cassation Criminal Court as of July 10, 2018 (Proceeding No. 51-2475 км 18, Case No. 545/3663/16-к), and of the Decree as of February 27, 2019 (Proceeding No. 51-5205 км 18, Case No. 695/136/17) of the Second judicial division of the Criminal Cassation Court.Due to such a state of affairs, the already amalgamated division of the Criminal Cassation Court of the Supreme Court was making its own decision in Case No. 591/4366/18 (Proceeding No. 51-1122 кмо 20) on September 14, 2020. Yet, my opinion is that not all arguments and statements of facts provided in this decree can be agreed on without questions.In the process of the research, it was proved that the situation of the judge’s practicing their discretion powers concerning merging criminal proceedings into one proceeding (according to the requirements of Article 334 of the Criminal Procedural Code of Ukraine) is the only exceptional situation that provides for, in absence of the court’s guilty verdict in “the first criminal proceeding,” which for the legal classification of the repeated offence must take a legal effect, using the criterion of classifying the actions of the accused as “repeated” in the “next criminal proceeding.” Otherwise, we should be discussing violation of the constitutional foundation of presumption of innocence in the criminal proceeding and a securing proof of guilt.
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Yablonsky, Lewis. "Whatever Happened to Synanon? The Birth of the Anticriminal Therapeutic Community Methodology." Criminal Justice Policy Review 13, no. 4 (December 2002): 329–36. http://dx.doi.org/10.1177/088740302237802.
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This article describes a criminal/addict treatment approach that began in California and is now used around the world. The methodology uses the therapeutic energy and knowledge of ex-criminal/drug addicts.
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Öberg, Jacob. "Trust in the Law? Mutual Recognition as a Justification to Domestic Criminal Procedure." European Constitutional Law Review 16, no. 1 (March 2020): 33–62. http://dx.doi.org/10.1017/s1574019620000036.
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EU law – Mutual recognition as a justification for EU competence – EU competence in domestic criminal procedure – Test and intensity of judicial review of EU criminal law legislation – Relationship between mutual trust and mutual recognition – Federalism and division of powers between the member states and the EU – Mutual recognition as a constraint to EU action – Presumption of Innocence Directive – Victims’ Rights Directive – Exercise of EU competence in domestic criminal procedure – Justifications for EU action in criminal procedure – Evidence-based legislation in the field of criminal procedure – Mutual trust as a legal and sociological concept – National courts’ compliance with EU law – European arrest warrant
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Fu, H. L. "Criminal Defence in China: The Possible Impact of the 1996 Criminal Procedural Law Reform." China Quarterly 153 (March 1998): 31–48. http://dx.doi.org/10.1017/s0305741000002976.
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Criminal procedure in China had been governed by the 1979 Criminal Procedure Law (CPL 1979). This was amended in 1996 (the Amendment). In many aspects, the Amendment introduces important changes to the previous procedures and significantly redistributes the existing division of powers within the criminal justice system. It restricts police power and the prosecution's discretion. It enhances the position of the court and differentiates the role of judges. It also offers more protection for the rights of the accused and enhances the position of defence lawyers in the criminal process in substantive and procedural aspects. Consequently criminal lawyers are expected to play a more active and meaningful role in criminal defence.
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Jackson, John, and Sean Doran. "Judge and Jury: Towards a New Division of Labour in Criminal Trials." Modern Law Review 60, no. 6 (November 1997): 759–78. http://dx.doi.org/10.1111/1468-2230.00115.
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Nichols, Nancy B., and Robert C. Richardson. "Criminal Investigations of Taxpayer Fraud." ATA Journal of Legal Tax Research 4, no. 1 (January 1, 2006): 44–58. http://dx.doi.org/10.2308/jltr.2006.4.1.44.
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Under the voluntary tax system in the United States, taxpayers are responsible for fully and accurately reporting and paying the amount of taxes owed. Voluntary tax compliance is reinforced through various programs including the document matching program, Internal Revenue Service (IRS) civil audits, and criminal prosecution. The Criminal Investigation (CI) division of the IRS is responsible for enforcing the criminal statutes. This article investigates the role of CI in tax compliance and analyzes the results of 598 published tax crime cases from 2000 through 2004. The results indicate that CI must increase its focus on cash economy small businesses. Additional recommendations include the expansion of tax withholding to nonemployee compensation and including payments to small businesses in the document matching program to reinforce the voluntary compliance system.
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Osborne, Robin. "Law in action in classical Athens." Journal of Hellenic Studies 105 (November 1985): 40–58. http://dx.doi.org/10.2307/631521.
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The fine modern scholarship on Athenian law has concentrated on (a) the scope of particular laws, and (b) the technical aspects of the legal process. This paper attempts to examine how the legal system worked in practice.The Athenians classified legal cases in various ways. On the one hand there was a division by subject matter between private cases (dikai idiai) and public cases (dikai dēmosiai), and on the other there was a division according to the procedure involved. There were a number of specialised procedures, but the most important procedural division was between those cases which anyone was free to bring (graphai) and those which only an interested party could bring (dikai in the narrow sense). These divisions on grounds of subject matter and on grounds of procedure overlap, but they are distinct and neither corresponds to the modern European legal division between civil and criminal cases.
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Makhtyuk, S. O. "Criminal Proceedings: At the Intersection of Law and Economics." Actual Problems of Russian Law 16, no. 2 (February 26, 2021): 114–24. http://dx.doi.org/10.17803/1994-1471.2021.123.2.114-124.
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The paper demonstrates the connection between law and economics. The criminal procedure is considered from new positions of economic regulation. The main narrative of the work is the possibility and necessity of perceiving criminal proceedings as a system that exists not only according to the laws of jurisprudence. The importance of the synthesis of criminal procedural law and economics is dictated by the modern level of development of scientific knowledge, technologies and ideas. The traditional division of sciences is gradually giving way to complex, interdisciplinary research. The activity of subjects of criminal proceedings is no exception. The existing reality dictates: the investigation of criminal cases is a criminal procedural services provided by the investigation, prosecutor’s office and court on behalf of the state. Interaction with the consumers of these services in the person of citizens and the organization, the order and mechanism of cooperation of the competent authorities themselves with each other — this understanding makes the use of economic laws justified for the most effective criminal proceedings. The presented study makes it possible to re-evaluate the qualitative volume of criminal proceedings and offers a topical discourse on the role of seemingly completely different sciences in solving the problems of criminal justice. A distinctive feature of the work is the use of modern opinions, sources and materials in the preparation of the theses outlined in it.
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Fontanelli, Filippo. "Criminal Proceedings Against Albers." American Journal of International Law 107, no. 3 (July 2013): 632–38. http://dx.doi.org/10.5305/amerjintelaw.107.3.0632.
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In August 2012, the First Criminal Division of the Court of Cassation (Supreme Court or Court), the highest Italian domestic court, issued a judgment upholding Germany’s sovereign immunity from civil claims brought by Italian war crime victims against Paul Albers and eight others in the Italian courts (Albers). In so doing, the Court overruled its own earlier decisions and also reversed the judgment of April 20, 2011, by the Italian Military Court of Appeal (Military Court), which had upheld such claims relating to war crimes committed by German forces in Italy during World War II. With this ruling, the Court of Cassation put an end to its decade long effort to find an exception to the well-known rule of customary international law providing for sovereign immunity from foreign civil jurisdiction for actsjure imperii. Thisrevirementresulted from the Court’s decision to give effect to the judgment of the International Court of Justice (ICJ) inGermany v. Italy.
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Bleick, Catherine R., and Allan I. Abrams. "The transcendental meditation program and criminal recidivism in California." Journal of Criminal Justice 15, no. 3 (January 1987): 211–30. http://dx.doi.org/10.1016/0047-2352(87)90045-6.
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Konovalchuk, M. V. "JUSTICE IN CRIMINAL LAW: MATERIAL OR IDEAL CATEGORY?" Juridical Journal of Samara University 6, no. 4 (December 27, 2020): 43–46. http://dx.doi.org/10.18287/2542-047x-2020-6-4-43-46.
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The article examines the criminal law principle of justice from the point of view of traditional philosophical thought, which assumes the division of the world into an ideal and material substance. As an example of the ideal substance of justice, the author suggests considering the moral world order, a particular manifestation of which should ideally be the constitutional system of a particular state. The material substance of justice, in the author's opinion, should be clearly refl ected in the norms of the criminal law. As a theoretical premise of the stated approach, the assumption is put forward that a person as a personal Creator and performer of law, passing through the idea of justice as a fundamental socio-philosophical, political and legal phenomenon, formulates the criminal law principle of justice. This approach plays an important methodological role in overcoming one-sided trends in the consideration of its nature and assumes its construction on the basis of a two-level structure that includes legislative and law enforcement elements. On the basis of the position put forward by the famous philosopher Thomas Aquinas on the requirements imposed on the law, analyzes the judicial practice and norms of the current criminal law for its compliance with the principle of justice. The thesis that its effective implementation is an indicator of the quality of the criminal law is substantiated.
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Polk, Kenneth. "Rape Reform and Criminal Justice Processing." Crime & Delinquency 31, no. 2 (April 1985): 191–205. http://dx.doi.org/10.1177/0011128785031002003.
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One goal of criminal law reform regarding rape has been to enhance convictions. Data from California, in which several such reforms have been introduced, indicate that between 1975 and 1982: (1) police clearance rates for rape have remained relatively unchanged; (2) the rate of court filings for rape increased slightly; (3) the probability of a conviction once a case reached court was relatively unchanged; but that (4) there was a strong upward trend for cases of rape (and other serious felonies) to lead to an institutional sentence. Questions are raised about whether these “deep-end” effects meet the intent of rape law reform.
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Cochran, Amanda A. "Evidence Handed to the IRS Criminal Division on a "Civil" Platter: Constitutional Infringements on Taxpayers." Journal of Criminal Law and Criminology (1973-) 91, no. 3 (2001): 699. http://dx.doi.org/10.2307/1144302.
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McKinley, Patrick. "Prosecuting Attorneys in a Democracy – A California Perspective." Review of European and Comparative Law 42, no. 3 (September 1, 2020): 141–67. http://dx.doi.org/10.31743/recl.9040.
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A prosecuting attorney in a democracy is very important in the processing of criminal cases- from pre-filing to final appeal. Much of the involvement of the District Attorney, both before a criminal case is filed, and during the prosecution of the case, stems from the “Exclusionary Rule”. It is the usual case that the police will bring their investigation, their arrest warrant or search warrant affidavit to a District Attorney to review it prior to taking it to the judge. In this connection, District Attorneys will themselves reject 5-10% of the warrant requests submitted to them for approval, often asking law enforcement to do some further investigation before resubmitting the warrant. Furthermore, because of the Doctrine of Separation of Powers, only the District Attorney or the California State Attorney General can make the decision to file or not file a case. This Article illustrates the impact of such discretion. The problem of democracy is strictly connected to the process of DA’s selection, what has also been here presented. Another fundamental issue is a role of DA in voir dire, mainly because jury trials are guaranteed by the federal Constitution and are associated with the idea of democracy. Separation of Powers and Judicial Control of the DA, the police, and the sentencing of those convicted of crimes have been analyzed from the perspective of the California law. Additionally, the article includes final comments on the technological progress and its impact on criminal law and democracy. All the conclusions have been made in reference to Author’s experience as Assistant DA in California.
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Simoncelli, Tania, and Barry Steinhardt. "California's Proposition 69: A Dangerous Precedent for Criminal DNA Databases." Journal of Law, Medicine & Ethics 33, no. 2 (2005): 279–93. http://dx.doi.org/10.1111/j.1748-720x.2005.tb00494.x.
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On November 2, 2004, California voters approved Proposition 69, “The DNA Fingerprint, Unsolved Crime, and Innocence Protection Act” by a margin of approximately 60 to 40 percent. Given the limited amount of information provided to voters during the initiative process, it is unclear how many of the yea-sayers were apprised of the full implications of this measure. Indeed, by voting “yes” on Proposition 69, California has elected to house the most radical and costly state criminal DNA database in the country. This dangerous expansion of California's database poses tremendous threats to civil liberties and social justice while offering little, if anything, by way of increasing the safety of its citizens.Prior to November 2, California law required the permanent retention of DNA samples from felons convicted of serious, violent crimes. The new law expands the database to include DNA samples from all felons and individuals with past felony convictions - including juveniles - and, beginning in five years, all adults arrested for any felony offense.
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Nichols, Nancy B. "Criminal Prosecution of Tax Return Preparers." ATA Journal of Legal Tax Research 6, no. 1 (January 1, 2008): 24–42. http://dx.doi.org/10.2308/jltr.2008.6.1.24.
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Over 61 percent of individual taxpayers, accounting for more than 76 million returns, utilized the services of paid preparers in 2005. However, hiring a paid preparer does not assure the taxpayer or the government that the return will be prepared correctly. Tax return preparer fraud generally involves the preparation and filing of false income tax returns by preparers who claim inflated personal or business expenses, false deductions, unallowable credits or excessive exemptions on returns completed for their clients or fictitious taxpayers. Preparers may also manipulate income figures to fraudulently obtain tax credits, such as the earned income tax credit. The Criminal Investigation (CI) division of the Internal Revenue Service (IRS) prosecutes the most serious cases of preparers suspected of criminal or fraudulent behavior and other related financial crimes. This article investigates the role of CI in prosecuting tax return preparers and analyzes the results of 377 published tax return preparer criminal tax cases from 2000 through 2005. The paper also reviews various alternatives for discouraging fraudulent behavior, including registration of all paid preparers, automatic return preparation by the IRS, more stringent preparer penalties, and improved collection of assessed preparer penalties.
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Akhmadi, Herdiansyah, and Ijud Tajudin. "The Implementation of Diversion by the Investigator of Bandung Police Department Towards Narcotics Cases Conducted by Children." FIAT JUSTISIA:Jurnal Ilmu Hukum 12, no. 2 (July 30, 2018): 156. http://dx.doi.org/10.25041/fiatjustisia.v12no2.1311.
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Narcotics crime is not only done by someone who has entered adulthood. In fact, the involvement of children in the vicious circle of narcotic crime has often been encountered. In response, the Government issued Law No. 11 Year 2012 on the Criminal Justice System for Children to accommodate children with legal problems. In the Criminal Justice System Law for Children found a concept that is not encountered in another law that is diversion. Diversion is the transfer of the settlement of child cases from criminal justice process to process outside of criminal justice process. The requirement for a child to be made a diversion effort is a criminal threat against the child is not more than 7 (seven) years and not the repetition of criminal offense. Drug Division of Bandung City Police Department in the period of investigation 2015 - 2017 has handled 7 (seven) narcotics cases done by the child. The success rate of diversion in the BCPD is more than 50%, although not a few factors can hamper the enforcement of diversion itself. This study aims to find out how the process of diversion conducted by BCPD Drug Division and whatever obstacles they face. This research was conducted using normative juridical approach method and empirical juridical research specification, that is by examining secondary data consisting of primary law material, secondary law material, and field research in the form of a third party related interview. It can be argued that the application of diversion is not easy but does not make the process of applying diversion of children stalled. In addition to the necessary reforms in the aspect of a legislative establishment, it is also necessary to develop the infrastructure and capacity building of the law enforcement in the implementation of the diversion process, so that the implementation of diversion system can be done optimally. Thus, Indonesia as a just state of law can provide complete protection and justice for children from the conventional criminal justice systems Keywords: Child Criminal Court System, Diversion, Law Enforcement
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WARREN, MARGUERITE Q., and JILL LESLIE ROSENBAUM. "Criminal Careers of Female Offenders." Criminal Justice and Behavior 13, no. 4 (December 1986): 393–418. http://dx.doi.org/10.1177/0093854886013004003.
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This article examines the subsequent lives of a sample of females who were committed to the California Youth Authority during the 1960s. The criminal careers of these women were analyzed in terms of the persistence and duration of offense behavior, crime specialization, and escalation of seriousness over sequential career periods (prior to youth authority commitment, the commitment period including time on parole, and post-release). In addition, the article focuses on the adult period in somewhat more detail to identify the nature and extent of offense patterns and the Criminal Justice System's response to these patterns.
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Eagly, Ingrid V. "Criminal Justice in an Era of Mass Deportation." New Criminal Law Review 20, no. 1 (2017): 12–38. http://dx.doi.org/10.1525/nclr.2017.20.1.12.
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After a sustained period of hypercriminalization, the United States criminal justice system is undergoing reform. Congress has reduced federal sentencing for drug crimes, prison growth is slowing, and some states are even closing prisons. Low-level crimes have been removed from criminal law books, and attention is beginning to focus on long-neglected issues such as bail and criminal court fines. Still largely overlooked in this era of ambitious reform, however, is the treatment of immigrants in the criminal justice system. An unprecedented focus on immigration enforcement targeted at “felons, not families” has resulted in a separate system of punitive treatment reserved for noncitizens, which includes crimes of migration, longer periods of pretrial detention, harsher criminal sentences, and the almost certain collateral consequence of lifetime banishment from the United States. For examples of state-level solutions to this predicament, this Essay turns to a trio of bold criminal justice reforms from California that (1) require prosecutors to consider immigration penalties in plea bargaining; (2) change the state definition of “misdemeanor” from a maximum sentence of a year to 364 days; and (3) instruct law enforcement agencies to not hold immigrants for deportation purposes unless they are first convicted of serious crimes. Together, these new laws provide an important window into how state criminal justice systems could begin to address some of the unique concerns of noncitizen criminal defendants.
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Shepitko, Mykhaylo. "Criminal Legislation Trends in Ukraine (Evidence From Crimes Against Justice)." Journal of the National Academy of Legal Sciences of Ukraine 27, no. 2 (June 27, 2020): 131–41. http://dx.doi.org/10.37635/jnalsu.27(2).2020.131-141.
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The paper investigates the development of criminal legislation of Ukraine as exemplified in crimes against justice. To this end, the author approached the study of criminal law through the analysis of its development in the globalised world and in Ukraine. In this context, it is proposed to refer to criminal legislation as globalisational and to codification – as unified. This is caused by the rapprochement of countries in the world through the implementation of conventions and other international regulations and, consequently, the harmonisation of criminal legislation. In historical retrospect, the author constructed a historical map of crimes, misdemeanours, and offences against justice inherent in the criminal legislation of Ukraine in the 11th-20th centuries (based on the stage and initial possibility of their commission). It was determined that certain trends of establishing criminal liability for commission of criminal offences in justice will affect the development of crimes against justice: 1) implementation of international regulations; 2) ensuring the protection of the activities of international courts whose jurisdiction is recognised by Ukraine; 3) establishment of a system of criminal offences against justice through their division into groups in the structure of the corresponding section (division of the section into chapters). Such groups may be: 1) criminal offences in administration of justice; 2) criminal offences in enforcement of justice; 3) criminal offences in support of enforcement of justice. The use of these approaches allowed to develop the prospects of criminal legislation on crimes and misdemeanours against justice. Emphasis is placed on the fact that criminal offences (crimes) against justice are such acts that significantly differ in the severity of the offence, their social danger, and therefore the division of these criminal offences into crimes and misdemeanours should affect the procedural features of bringing the respective perpetrators to criminal responsibility
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LEONARD, ELIZABETH DERMODY. "Convicted Survivors: Comparing and Describing California's Battered Women Inmates." Prison Journal 81, no. 1 (March 2001): 73–86. http://dx.doi.org/10.1177/0032885501081001006.
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This study describes women incarcerated at a California prison for the death of their male abusers and compares them with a statewide sample of women inmates. Women convicted for using lethal violence against abusive partners differ from the broader population of California women prisoners on key demographic markers. Furthermore, despite a clear lack of criminal or violent histories, the overwhelming majority of battered women are convicted of first- or second-degree murder and receive long, harsh sentences whether they are represented by private or by public attorneys. This research suggests the possibility of a systematic criminal justice bias against women who kill their male partners.
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Rosenberger, Jared S., and Valerie J. Callanan. "The Influence of Media on Penal Attitudes." Criminal Justice Review 36, no. 4 (December 2011): 435–55. http://dx.doi.org/10.1177/0734016811428779.
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This study examines the influence of crime-related media consumption on individuals’ perceptions of the most important purpose of criminal sentencing, using a statewide survey of 4,245 California residents. Consumption of various forms of crime-related media was regressed on four goals of criminal sentencing (punishment, incapacitation, deterrence, and rehabilitation) using multinomial logistic regression. The results suggest that consumption of television news and crime-based reality programs increased the odds of selecting punishment as the most important goal of criminal sentencing as opposed to rehabilitation. The more hours of television watched, irrespective of genre, the more likely respondents were to support punishment, deterrence, or incapacitation rather than rehabilitation. These results hold even after controlling for various sociodemographic characteristics and experiences with crime such as fear, past victimization, and prior arrests.
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Kovalchuk, A. V. "LEGAL ENFORCEMENT DECRIMINALIZATION IN THE CONTEXT OF ECONOMY OF CRIMINAL IMPACT MEASURES: CONCEPT, SIGNS AND IMPLEMENTATION PROBLEMS." Vestnik of Polotsk State University. Part D. Economic and legal sciences, no. 5 (June 27, 2021): 120–30. http://dx.doi.org/10.52928/2070-1632-2021-56-5-120-130.
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The article examines decriminalization, which is a method of criminal law policy. The author substantiates the division of decriminalization according to the forms of its implementation into legislative and law enforcement. The legal nature of law enforcement decriminalization is analyzed. On the basis of the features identified by the author, its concept is formulated. The problems of the implementation of law enforcement decriminalization associated with the interpretation of evaluative features, the presence of legislative problems expressed in the intersectoral inconsistency of criminal and administrative legislation, as well as the formulation of qualifying signs of individual offenses that are not related to the commission of an act that forms the main body of these crimes are noted. Based on the study, analysis of legislation and theoretical views, a conclusion is made about the existence of a legislative basis for law enforcement decriminalization, it is argued that the phenomenon under study is one of the most important components of the law enforcement economy of criminal law impact, contributing to the implementation of the principle of fairness of criminal law and criminal liability.
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Švedas, Gintaras, and Paulius Veršekys. "Trends of Formation of the Jurisprudence on Issues of the Special Part of the Criminal Code Enforced by the Practice of the Supreme Court of Lithuania." Teisė 117 (December 28, 2020): 8–31. http://dx.doi.org/10.15388/teise.2020.117.1.
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This article analyzes the decisions of the Senate of Supreme Court of Lithuania, the reviews of the Criminal Cases Division of this Court, as well as the rulings of the plenary sessions and the expanded panels of seven judges adopted until the 31st December 2019 and containing recommendations or new interpretations for provisions of articles of the Special Part of the Criminal Code or those adjusting the existing case law. The authors reveal the main tendencies of formation and change in recommendations and case law on the Special Part of the Criminal Code, as well as factors influencing these tendencies.
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Švedas, Gintaras, and Paulius Veršekys. "Trends of Formation of the Jurisprudence on Issues of the Special Part of the Criminal Code Enforced by the Practice of the Supreme Court of Lithuania." Teisė 117 (December 28, 2020): 8–31. http://dx.doi.org/10.15388/teise.2020.117.1.
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This article analyzes the decisions of the Senate of Supreme Court of Lithuania, the reviews of the Criminal Cases Division of this Court, as well as the rulings of the plenary sessions and the expanded panels of seven judges adopted until the 31st December 2019 and containing recommendations or new interpretations for provisions of articles of the Special Part of the Criminal Code or those adjusting the existing case law. The authors reveal the main tendencies of formation and change in recommendations and case law on the Special Part of the Criminal Code, as well as factors influencing these tendencies.
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Sirotkina, Mariia. "Prerequisites for the application of alternative methods of resolving criminal law and criminal procedure conflicts." Slovo of the National School of Judges of Ukraine, no. 3(32) (December 18, 2020): 147–57. http://dx.doi.org/10.37566/2707-6849-2020-3(32)-13.
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The article examines the prerequisites for the use of alternative methods of resolving criminal law and / or criminal procedure conflicts. It is stated that the use of alternative dispute resolution in criminal proceedings is possible only if changes or differentiation of the criminal procedure form, taking into account the interests of participants in criminal law and / or criminal procedure conflict. A positive consequence of the use of alternatives is procedural economy and speed of criminal proceedings, with an unconditional guarantee of achieving the objectives of the criminal process and ensuring the protection of the rights and legally protected interests of persons in criminal proceedings in their application. It is noted that at the present stage of development of criminal procedure legislation the differentiation of procedural forms is one of the priority conditions for the rational use of procedural means, contributes to greater efficiency and effectiveness of criminal proceedings with significant procedural savings. The bases and criteria of differentiation of the criminal-procedural form are investigated. It is noted that compromise constructions are the result of a combination of two principles of the criminal process - public and dispositive, and their application is possible only in a competitive process. The material and practical component of the differentiation of the criminal procedure form is singled out, and attention is focused on the division of the criminal procedure form when applying alternatives to the simplified and complicated forms depending on the law enforcement. Based on the study, it was concluded that the implementation of conciliation procedures in the system of alternative resolution of legal conflicts (disputes) in criminal proceedings largely depends on the differentiation of criminal procedure, procedural economy, speed of criminal proceedings, as well as taking into account the interests of criminal and procedural conflicts. Key words: criminal process, procedural economy, procedural form, conflict, compromise, differentiation, interest, alternative.
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Shany, Yuval. "How Can International Criminal Courts Have a Greater Impact on National Criminal Proceedings? Lessons from the First Two Decades of International Criminal Justice in Operation." Israel Law Review 46, no. 3 (September 23, 2013): 431–53. http://dx.doi.org/10.1017/s0021223713000150.
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International actors and observers have afforded greater attention in recent years to the role of national courts in bringing to justice perpetrators of international crimes. Not only are national courts typically less expensive to operate than international courts, they also enjoy at times more legitimacy in the eyes of local constituencies than their international counterparts. They can also reach deeper into society and cast a wider net than international criminal courts. Indeed, there is an increased tendency to view international criminal courts as mechanisms primarily designed to support and complement the work of national criminal procedures, and to pay closer attention to the interaction between the two sets of judicial institutions. It is against this background that the Project on Studying the Impact of International Courts in Domestic Criminal Procedures in Mass Atrocity Cases (the DOMAC project) has sought to draw lessons from the experience accumulated by the interactions that took place between national and international courts in the two decades that have passed since the establishment of the International Criminal Tribunal for the former Yugoslavia. This was done in the hope that such lessons may guide such interactions in the future. Indeed, DOMAC reports have looked into interactions relating to specific legal aspects (applicable laws, prosecution rates, sentencing policies and capacity development) and/or at specific geographical regions (for example, the Balkans, Africa, Latin America, East Timor) and provide many interesting stories of success and failure, from which valuable lessons can be learned. The purpose of this article is to offer, on the basis of the said DOMAC reports, some general observations on the impact of international courts on domestic criminal processes (in the aftermath of mass atrocity situations), and to discuss the structural deficiencies that may have led until now to sub-optimal levels of cooperation and division of labour between international and national criminal procedures. On the basis of these critical observations, a number of general recommendations for future policy planners will be considered. The article first describes some of the main impacts of international courts on domestic courts handling mass atrocity cases. It then discusses four overarching problems, which may have hampered such interactions: the lack of a comprehensive legal response to mass atrocities, inadequate allocation of resources, the absence of ultimate responsibility over the international response, and legitimacy deficits. The concluding section sketches a number of proposals based on the discussion in the two immediately preceding sections.
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Fərhad oğlu Qəyayev, Nihad. "Preliminary Proceedings of the International Criminal Court functions and powers." SCIENTIFIC WORK 65, no. 04 (April 23, 2021): 249–62. http://dx.doi.org/10.36719/2663-4619/65/249-252.
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The Preliminary Division is a court unit that has important functions and powers within the structural links of the International Criminal Court and provides a link between criminal investigation, prosecution and trial procedures. In fact, this Department filters out whether the criminal act that took place during the period before the criminal case reached the Judicial Department falls within the jurisdiction of the Court, and such important nuances, and transfers the so-called "finished product" to the Judicial Department. The BCM stage of the proceedings has a very important role to play in the termination of the proceedings and in the issuance of the relevant decision (sentence). This stage involves an inseparable process, with the Prosecutor referring the case to the Preliminary Chamber, referring it to the Court of Appeals, and finally appealing to the Chamber of Appeals against the decisions and proceedings of those chambers. Key words: International Criminal Court, Rome Statute, international crime, state sovereignty, criminal law jurisdiction, principles of criminal procedure, international criminal law
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Vishnevskiy, A. F., and A. P. Grahotskiy. "V. D. Spasovich's Criminal Law Ideas: To the 190th Birthday of the Jurist." Actual Problems of Russian Law 1, no. 12 (January 20, 2020): 170–79. http://dx.doi.org/10.17803/1994-1471.2019.109.12.170-179.
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Spasovich V.D. is the author of the first criminal law textbook in the Russian Empire. The progressive criminal law ideas formulated by the author provoked indignation in reactionary circles. By the decision of the special commission of the III division, the textbook was excluded from the educational process, and its author was forbidden to carry out teaching activities. For a long time Spasovich was not mentioned among the representatives of the brilliant galaxy of pre-revolutionary forensic scientists. Only in recent years, his works have been reprinted and are gradually entering the scientific circulation. The purpose of this paper is to study the Spasovich’s criminal law ideas and to determine the contribution of the jurist to the science of Russian criminal law. The authors conclude that the Spasovich’s ideas laid the foundations for the formation of a classical school of criminal law in the Russian Empire. The jurist carried out a deep theoretical development of the problems associated with the corpus delicti, the goals and measure of punishment, free will, and statutes of limitations. In his writings, Spasovich substantiated the fundamental principles of criminal law science: legality, equality, justice, commensurability of crime and punishment, respect for the dignity of the individual, the value of human rights and freedoms.
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(Leich), Marian Nash. "Contemporary Practice of the United States Relating to International Law." American Journal of International Law 89, no. 3 (July 1995): 589–600. http://dx.doi.org/10.2307/2204178.
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On March 29,1995, the following officials of the executive branch of the U.S. Government appeared before the Human Rights Committee at the United Nations to discuss U.S. implementation of the International Covenant on Civil and Political Rights (which had entered into force for the United States on September 8, 1992): John Shattuck, Assistant Secretary of State for Democracy, Human Rights and Labor, and Conrad K. Harper, the Department’s Legal Adviser; Assistant Attorneys General Deval L. Patrick, Civil Rights Division, and Jo Ann Harris, Criminal Division; and Assistant Secretary of the Interior for Indian Affairs Ada Deer. The same officials, together with other members of the U.S. delegation, appeared again on March 31, 1995, to reply to questions raised by the Committee.
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Simoncelli, Tania, and Barry Steinhardt. "California's Proposition 69: A Dangerous Precedent for Criminal DNA Databases." Journal of Law, Medicine & Ethics 34, no. 2 (2006): 199–213. http://dx.doi.org/10.1111/j.1748-720x.2006.00027.x.
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On November 2, 2004, California voters approved Proposition 69, “The DNA Fingerprint, Unsolved Crime, and Innocence Protection Act” by a margin of approximately 60 to 40 percent. Given the limited amount of information provided to voters during the initiative process, it is unclear how many of the yea-sayers were apprised of the full implications of this measure. Indeed, by voting “yes” on Proposition 69, California has elected to house the most radical and costly state criminal DNA database in the country. This dangerous expansion of California's database poses tremendous threats to civil liberties and social justice while offering little, if anything, by way of increasing the safety of its citizens.Prior to November 2, California law required the permanent retention of DNA samples from felons convicted of serious, violent crimes.
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Malikov, S. V. "Temporal Levels of Criminal Law: Significance for Theory and Practice." Lex Russica, no. 4 (May 2, 2019): 104–16. http://dx.doi.org/10.17803/1729-5920.2019.149.4.104-116.
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The use of methodological approaches of F. Brodel makes it possible to distinguish temporal levels in criminal law: finite and rapid changing. In the case of a crime, there are a number of crimes that have changed very slowly throughout history. The number of prohibited acts varied depending on the priorities of protection, leaving unchanged the protection of human life and health (murder, causing serious harm to health), state power (assault on the life of the sovereign and the foundations of public administration) and property (theft, robbery, robbery). Another temporal level of crime is rapid changing, which is determined by opportunistic (primarily political) considerations and undergoes significant changes at certain stages of development of society and the state. The content of this level can be filled through the criminalization and decriminalization of acts counteracting which is relevant in a relatively short period of time. Among all the available punishments, history also allows us to determine similar temporal levels. The death penalty, imprisonment and a fine can be referred to the finite one. All others (correctional labor, forced labor, exile, corporal punishment, deprivation of the right to occupy certain positions, etc.) are opportunistic or belong to the rapid changing temporal level. Methodologically, this division of the criminal law and its fundamental categories makes it possible not only to organize comparative legal research, develop rules of criminal law policy on criminalization and decriminalization, penalization and depenalization of acts, but also to predict the further development of criminal law, criminal law and criminal law doctrine.
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Frąckowiak, Kamil. "Wypadek mniejszej wagi w prawie karnym skarbowym." Studia Prawnoustrojowe, no. 44 (January 6, 2020): 75–87. http://dx.doi.org/10.31648/sp.4896.
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The author analyses the provisions of the Fiscal Criminal Code in thescope of criteria for the division of criminal fscal types of offences. Particularattention is devoted to the criterion for assessing contravenalisation, whichoccurs in fscal criminal law as a minor accident. It postulates, among others,removing the minor accident variant related to the low-value criterion andthe consideration of the motives. This is dictated by the “detachment” of therequirement for positive motives in the offender’s actions from the realitiesof fscal crimes and its “economic” nature.
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Fondevilla, Gustavo, and Rodrigo Meneses Reyes. "Is cheaper better? Public and private lawyers before criminal courts in Mexico City." International Journal of Law in Context 12, no. 1 (February 23, 2016): 63–80. http://dx.doi.org/10.1017/s1744552315000361.
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AbstractThis paper aims to conduct a descriptive analysis of a total of 2,172 semi-structured interviews with sentenced inmates in Mexico City during 2002–2008 in order to explain how public legal defence works, how this service is evaluated by the inmates who took part in the interviews, and how the traditional division between public and private services constitutes an important distinction in the way in which criminals interact with, and are processed by, the legal system. Our findings suggest that, in the case of Mexico City: (i) to be tried by a public defender not only implies that the person accused holds a bigger chance of getting a softer sentence than those defended by private lawyers; but also, (ii) that the population will have a better perception of the justice process.
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Sarwar, Kamran, and Dr. Muhammad Alam. "The Offence of Abetment under the Islamic Criminal law." Journal of Islamic Civilization and Culture 3, no. 01 (July 17, 2020): 11–18. http://dx.doi.org/10.46896/jicc.v3i01.103.
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A person may be said to commit a crime, although, he does not directly be a part of it. To encourage, order, assist another person for the commission of a crime is considered an offence as the act or omission of principal offender is considered. To encourage, order, assist another person for the commission of a crime in legal terminology is called Abetment. Abetment in criminal law specifies distinguish between an abettor and the principal offender. Under the Pakistan Penal Code, in many cases an abettor is not awarded the same punishment as awarded to the principal offender. There are few cases in which the abettor is awarded the same Punishment as awarded to the principal offender. Under Islamic Criminal law majority of Jurists are on the opinion that Hudood punishments will be awarded only in cases where Hudood offences are committed by Participant by Action (Arabic: الاشتراك بالمباشر) in case where these are committed by Participant by abetment (Arabic: الاشتراك بالتسبب), Hudood punishments shall not be awarded to them rather Tazir Punishment may be awarded to them. Thus, Participation in crime is either directly or indirectly. Participation by action (الاشتراك بالمباشر) and Participation by abetment (الاشتراك بالتسبب). Ingredients of Participation by abetment are Consensus (الاتفاق), Instigation:(التحريض and An Assistance (الاعانة). Causes for the commission of abetment are Causeof Shariat(السبب الشرعي), Causeof usages forabetment (السبب العرفي) and Cause of common sense forabetment (السبب الحسي). Further division of Participation by action and participation by abetment: It is further divided into two forms:Tawafuqتوافق)) and Tamalo (تمالؤ). In this reaserach article The Offence of Abetment under the Islamic Criminal law is discussed in detail.
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Porter, Nigel. "Invalidity of The Indictment Post R. V. Newland." Cambridge Law Journal 53, no. 1 (March 1994): 63–70. http://dx.doi.org/10.1017/s0008197300096884.
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It is uncontroversial to state that the Court of Appeal (Criminal Division) has never been sympathetic to unmeritorious appeals. Numerous cases may be cited where the appellant, having made out a valid ground of appeal based purely upon a technical defect in the trial, is met with the rejoinder that the appeal is wholly without merit and that the conviction will be upheld by the application of the proviso to section 2(1) of the Criminal Appeal Act 1968. Serious defects in the trial including the failure of the trial judge to give a direction on the standard of proof, wrongful admission of the defendant&s previous bad character, and even conviction for an offence which technically did not exist, have all been amenable to the application of the proviso on the ground that, despite the defect, no injustice has been done.
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Aisyah, Siti. "GENDER DIVISION OF LABOUR AND POLYGAMY." ALQALAM 26, no. 2 (August 31, 2009): 229. http://dx.doi.org/10.32678/alqalam.v26i2.1557.
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The Indonesian patriarchal culture and gender inequality is reflected in state policies, regulations and laws. As a pluralistic country comprising of different ethnic groups with specific cultures and traditions, Indonesia has four formal religions: Islam, Christianity, Hindu and Buddhism. Because of this, Indonesian law reflects cultural and religious diversity, including customary law or Adat law, the Marriage Law of 1974 as well as civil and criminal law. Two serious concerns of Marriage Law of 1974 are in relation to gender division of labour and polygamy which undermine Indonesian Muslim women. This paper discusses such an issue to allow women to get equaliry before the law and highlights its contribution to domestic violence.There are two contradictory stipulations with respect to the Marriage Law of 1974: equality in marriage and gender division of labour within marriage. On the one hand, Article 31 (1) and Article 3 3 clearly state that there is no difference between husband and wife with respect to their basic rights such as love; respect, or fidelity. On the other hand, both of these Articles are contradicted with other articles which differentiate between a husband's and wife's responsibilities. For example, Article 31 (3) and Article 34 stipulate a clear division between the roles of husbands and wives within marriage. This has become a reference point for Indonesian views in determining gender relations in marriage.Marriage Law of 1974 still which supports gender division of labour between wife and husband should be revised by providing a clear statement that these roles are conditional. This means that husbands can be domestic carers including taking care of children if they have no jobs, while wives can be finacial providers or the head of household if they are capable to do so. In this context, gender roles can be exchanged and are not strictly for a certain gender.
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Friedman, Lawrence M., and Paul Tabor. "A Pacific Rim: Crime and Punishment in Santa Clara County, 1922." Law and History Review 10, no. 1 (1992): 131–52. http://dx.doi.org/10.2307/743816.
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The history of American criminal justice is, to say the least, by no means an overplowed field. In fact, it has gotten systematic attention only in recent years. The public, of course, is fascinated with crime and horrified by crime; stories about crime and criminal justice cry out from the pages of newspapers and dominate movies and television. Historical research is another matter.The first half of the twentieth century should be a rich field for research. Records are available in abundance and in every county. Moreover, there are, particularly for the 1920s and 1930s, a fair number of state crime surveys and other empirical studies of criminal justice. California and the West, however, have been somewhat neglected. This article presents some data on one county, Santa Clara County, in one year, 1922, as a modest beginning.
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Petersilia, Joan. "Racial Disparities in the Criminal Justice System: A Summary." Crime & Delinquency 31, no. 1 (January 1985): 15–34. http://dx.doi.org/10.1177/0011128785031001002.
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This article summarizes a comprehensive examination of racial discrimination in the criminal justice systems of California, Michigan, and Texas. In each of those states, judges typically imposed heavier sentences on Hispanics and blacks than on whites convicted of comparable felonies and who had similar criminal records. Not only did these minorities receive harsher minimum sentences but they also served more time. It is chiefly at the sentencing stage where differential treatment is most pronounced. I discuss what could account for differences in sentencing, and suggest areas for future policy and research attention.
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Lin, Jeffrey L. "The Diversity of Decarceration: Examining First-Year County Realignment Spending in California." Criminal Justice Policy Review 29, no. 8 (April 26, 2016): 771–98. http://dx.doi.org/10.1177/0887403416644491.
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In recent years, California has dramatically restructured its correctional system through a policy called “Realignment,” which shifts responsibility over thousands of offenders from the state to its counties. To help manage this influx, the state allocated US$2 billion through 2014 to the counties. Counties have used these funds in different ways. Some have adhered to Realignment’s intended focus on evidence-based programming, whereas others have focused on expanding enforcement and custodial capacities. I analyze first-year (2011-2012) county Realignment budgets to identify political, economic, and criminal justice factors that explain different spending emphases. Using quantitative and comparative methods, I find that counties focus on enforcement spending because of pressing local needs related to crime and justice, and counties focus on services spending when sheriffs—key figures in Realignment administration—are politically secure. These findings have practical implications for correctional policies in California, and for other states that seek to reduce their prison populations.
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Alhajri, Abdulrahman F. S. H. "Separation of Powers in the Kuwaiti Criminal Justice System: A Case Study." European Journal of Interdisciplinary Studies 4, no. 2 (July 24, 2018): 59. http://dx.doi.org/10.26417/ejis.v4i2.p59-79.
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Discussions of the Separation of Powers (SOP) tend to be related to the administrative state, at the expense of the criminal state. This research addresses the question of separating powers within the criminal justice system of Kuwait, examining the function of this division and the structures that are designed to protect the rights of citizens. Despite being regulated according to democratic principles, the criminal justice system of Kuwait has been described as excessively controlled by executive bodies. Currently, there appears to be a lack of research explaining how numerous criminal justice bodies in Kuwait can effectively promote the principles of freedom, democracy, and equality before the law. The proposed research aims to provide insights into the SOP between institutions and to assess its effectiveness in addressing the principles stated in the Constitution of Kuwait. The origins of the modern Kuwaiti criminal justice system will also be explored, with a focus on British Jurisdiction (as a past influence) and French, Egyptian and Islamic law (as continuing influences). This development history makes Kuwait an excellent example of the diffusion of law, which, although it has been investigated widely, is still a topic of interest among modern researchers, alongside human rights and their protection through the criminal law system. This is one of the first studies to discuss the SOP in the Kuwaiti criminal justice system as a mixed phenomenon that can influence the protection of Kuwaiti citizens’ human rights at each stage of law enforcement and prosecution.
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WELSH, WAYNE N. "Ideologies and Incarceration: Legislator Attitudes Toward Jail Overcrowding." Prison Journal 73, no. 1 (March 1993): 46–71. http://dx.doi.org/10.1177/0032855593073001004.
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Despite increasing legislative influence on criminal justice policy, research on the determinants and effects of lawmakers' attitudes toward specific criminal justice problems has been sparse. Combining interview and survey methods, this study examined punishment ideologies of California legislators and investigated linkages with attitudes about incarceration and jail overcrowding (perceived causes, effects, and solutions). Results suggested that legislators held beliefs supporting a mix of punishment ideologies, and ideology was only weakly related to support for specific punishment policies. Mixed ideologies and the lack of a clear distinction between liberal and conservative responses imply greater potential for bipartisan solutions to jail overcrowding and other criminal justice problems than has commonly been assumed. Support for initiatives such as juvenile prevention and intermediate sanctions was widespread and cut across party lines.
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Begma, Andrii, Galyna Muliar, and Oleksii Khovpun. "Criminal misdemeanors as a novelty of criminal and criminal procedure legislation." Law Review of Kyiv University of Law, no. 2 (August 10, 2020): 365–68. http://dx.doi.org/10.36695/2219-5521.2.2020.69.
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The scientific article pays attention to the consideration of the concepts of “criminal offense”, “criminal offense”, “crime” andtheir implementation in criminal and criminal procedure legislation. Amendments to the legislation that came into force in connectionwith the adoption of the Law of Ukraine “On Amendments to Certain Legislative Acts of Ukraine on Simplification of Pre-trial Inves -tigation of Certain Categories of Criminal Offenses” are considered. The issue devoted to the new subject of criminal procedure – thecoroner and the head of the inquiry body is investigated.The article considers the types of evidence that are taken into account in the investigation of criminal offenses. Such evidenceshould include: explanations of persons, results of medical examination, expert opinion, testimony of technical devices and technicalmeans that have the functions of photography and filming, video recording, or means of photography and filming, video recording. Thepossibility of using evidence in the investigation of crimes is considered.During the criminal proceedings, a new entity is identified, which is actually engaged in the investigation of criminal offenses,such an entity is the investigator. Inquiry is a new unit that investigates criminal offenses. Inquiries are carried out by inquiry subdivisionsor authorized persons of other subdivisions.A criminal offense is an act (action or omission) provided by the Criminal Code, for which the main penalty is a fine of not morethan three thousand non-taxable minimum incomes or other punishment not related to imprisonment. Procedural sources of evidencein criminal proceedings on criminal offenses, in addition to certain Art. 84 of the CPC, there are also explanations of persons, the resultsof medical examinations, expert opinion, indications of technical devices and technical means that have the functions of photographyand filming, video recording, or means of photography and filming, video recording.The legislator does not rule out that the sources of evidence are testimony, physical evidence, documents, expert opinions, but infact the explanations of persons, the results of medical examinations, expert opinion, indications of technical devices and equipmentthat have the functions of photography and filming, video or photo – and filming, video recordings are also identified as sources of evidence.The purpose of such a division is to distinguish between sources of evidence that can be used to prove crimes and criminal offenses.In addition, there is a misunderstanding – what exactly can we use to form the evidence base in criminal proceedings.
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Slyusarchuk, H. R., and M. R. Mazur. "Standard of proof in criminal proceedings: “variable” or “stepwise” ?" Uzhhorod National University Herald. Series: Law, no. 63 (August 9, 2021): 298–301. http://dx.doi.org/10.24144/2307-3322.2021.63.52.
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The article is devoted to the analysis of the issue of division of standards of proof in criminal proceedings, in particular one of the types - variable standard of proof, which is distinguished by scholars of the Anglo-Saxon legal system. The article analyzes the question of the possibility of dividing the standards of proof depending on the severity of the criminal offense.
The motives and scientific arguments in favor of distinguishing a variable standard of proof in criminal proceedings are studied. Positively assessing the attempt of the appropriate scientific division of standards of proof in criminal proceedings, the authors argue that it is still impossible to agree with him to the end. In particular, according to the authors, the introduction of a variable standard of proof in criminal proceedings will not contribute to the unity of judicial practice in the process of making procedural decisions during criminal proceedings.
In addition, the article argues that decisions in criminal proceedings are made on the basis of internal conviction, which determines and assigns the type and measure of punishment, and not vice versa. Therefore, it is at least surprising the position of some scholars that the sanction of a sentence that can be imposed on an accused must determine the necessary level of “persuasion” (“evidence”) for his appointment. It is argued that in some cases, the establishment of a variable standard of proof in criminal proceedings will lead to a violation of the principles of criminal proceedings, in particular equality before the law and the courts.
The article presents the position of the authors on the doubtfulness of establishing the degree of proof of the circumstances of criminal proceedings depending on the severity of the criminal offense, as in criminal proceedings there is a single procedure and the same set of procedural rights.
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Коміссаров, А. С. "DAMAGE TO LAW ENFORCED INTERESTS UNDER THE INFLUENCE OF FORCING IN THE SYSTEM OF CIRCUMSTANCES EXCLUDING CRIMINAL CRIME." Juridical science, no. 1(103) (February 19, 2020): 57–63. http://dx.doi.org/10.32844/2222-5374-2020-103-1.08.
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The article examines the legal nature and social purpose of the circumstances that exclude the criminal illegality of the act provided for in Art. 40 of the Criminal Code of Ukraine. It is argued that an accurate assessment of the legal nature of an action to cause harm in a state of (coercion) is associated with determining the place of these actions in a number of legally homogeneous behaviors. That is why the scientific literature ambiguously addresses the question of whether to consider physical and mental coercion in the group of circumstances that exclude the criminal illegality of the act, the grounds for which are public danger and illegality of the act. It is proved that when characterizing coercion as a circumstance that excludes the criminal illegality of the act, we can talk about the elements of the structure of coercion (coercion) the activities of the coerced person to comply with the requirement, which is not a mandatory element for coercion provided in the Special Part Criminal Code of Ukraine. The position is substantiated, according to which the division of coercion (coercion) into overcoming and insurmountable is inexpedient, because irresistible influence presupposes the lack of will of the victim, as well as the ability to be aware and control their actions.
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Ostrohliad, Oleksandr. "Criminal law regulation in the professional activity of a journalist." Scientific and informational bulletin of Ivano-Frankivsk University of Law named after King Danylo Halytskyi, no. 11(23) (June 11, 2020): 171–80. http://dx.doi.org/10.33098/2078-6670.2021.11.23.171-180.
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Purpose. The purpose of the work is to determine certain aspects of criminal law regulation of a journalist's professional activity. Indicate the elements of such regulation. Draw a distinction between the protection of the professional activity of a journalist and his personality, as a representative of society, performing a special role. Analyze certain features of the protection of the professional activity of a journalist in countries that have a part of a common history with Ukraine. The methodology. The methodology includes a comprehensive analysis and generalization of the available scientific and theoretical material and the formulation of appropriate conclusions and recommendations. In the course of the research, the following methods of scientific knowledge were used: terminological, logical-semantic, system-structural, logical-normative, comparative-legal. Results in the course of the conducted research it was determined that the professional activity of a journalist has sufficient protection by criminal legislation. As for the protection of the journalist himself, it can be considered excessive, which is also indicated by a superficial analysis of the criminal legislation of certain foreign countries. On the basis of a comparative study, it was determined that the draft Criminal Code of Ukraine eliminates certain problems of excessive criminal legal protection of the journalist’s personality. Scientific novelty. In the course of the research, it was established that the elements of protection of the professional activity of a journalist and his personality can be divided into three conditional groups: 1) protection of professional activity, 2) protection of the personality of a journalist and his rights, 3) some immunities of professional activity, that is, non-recognition of certain actions as a criminal offense journalist. As for the criminal offenses, to the commission of which the journalist may be involved, the conditional division can be - offenses related to professional activities and offenses not related to such. Practical significance. The results of the study can be used in law-making activities to improve the norms of the current legislation providing for the protection of the professional activity of a journalist, as well as for further scientific research on the issues of protecting a journalist and his professional activity in Ukraine.