Academic literature on the topic 'Clandestine offenses'

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Journal articles on the topic "Clandestine offenses"

1

Haigh, Christopher. "The Troubles of Thomas Pestell: Parish Squabbles and Ecclesiastical Politics in Caroline England." Journal of British Studies 41, no. 4 (October 2002): 403–28. http://dx.doi.org/10.1086/341436.

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The troubles of Thomas Pestell came to a head at Lambeth on 21 November 1633. He was the victim of an improbable alliance between a godly nobleman, a Laudian judge, three alehouse keepers, a few tithe resisters, some Ashby nonconformists, “mad Stacey,” and a determined troublemaker. This ambitious Leicestershire parson, already embittered by failure, was humiliated by the Court of High Commission. Led by Archbishop Laud, the court declared that Pestell “had to the scandal and reproach of his ministerial function many ways demeaned himself”: he was ordered to grovel before his critics and pay his enemies' expenses. It could have been very much worse. The offenses of contempt of ecclesiastical authority, admitting excommunicates to communion, and performing clandestine marriages, “although they were in themselves no way justifiable but worthy of severe punishment,” were set aside for the moment and never resurfaced. An allegation of vexatious litigation had already been dropped, a charge of seditious preaching was “not sufficiently proved,” and “for his quarrelling and fighting, and giving cause to have him bound to the peace before the temporal judges, this the court much misliked though they would not censure him for it.” Formally, Pestell was only punished for jeering at the earl of Huntingdon, mocking Sir John Lambe, and sending two of his parishioners on a wild-goose chase—but his once-promising career was in ruins.Thomas Pestell was born in 1585, the son of a Leicester tailor. He went to Cambridge as a sizar, took his M.A. in 1609, and was presented to the Leicestershire rectory of Coleorton by Sir Thomas Beaumont in 1611.
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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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Hansen, Stig Jarle. "Unity Under Allah? Cohesion Mechanisms in Jihadist Organizations in Africa." Armed Forces & Society 44, no. 4 (November 27, 2017): 587–605. http://dx.doi.org/10.1177/0095327x17740086.

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This article explores mechanisms fostering cohesion in jihadist organizations in relation to territorial presence. This article takes four types of territorial presence as its point of departure: (1) a clandestine network-based presence; (2) an accepted presence where the organization is tolerated by a state; (3) a semiterritorial presence, where the organization is allowed some control between phases of enemy offensives and withdrawals; and (4) a relatively permanent territorial presence, where the organization fully controls the territory in which it has bases. The article argues that each of these types of territorial presence opens up for different ways for organizations to create cohesion. Cohesion mechanisms thus vary according to type of territorial presence.
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Denley, John, and Barak Ariel. "Whom Should We Target to Prevent? Analysis of Organized Crime in England using Intelligence Records." European Journal of Crime, Criminal Law and Criminal Justice 27, no. 1 (March 7, 2019): 13–44. http://dx.doi.org/10.1163/15718174-02701003.

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Much of the literature on organized crime is based on media, arrests and prosecution records, while research based on intelligence data on this otherwise clandestine criminality is scarce. We present aggregated intelligence data on all known organized crime groups (ocgs) and ocgs members in West Midlands region of the United Kingdom, encompassing records on 2,726 highly-prolific offenders and 280 groups, collated based on over a million records from multiple law enforcement agencies. Using a cross-sectional analysis of the records, we describe in granular details the characteristics, patterns and criminal endeavor of organized crime in one of the largest regions in the United Kingdom. Social network analyses are explored as well, in order to observe the links between both offenders within the same ocg as well as between ocgs. The results debunk previously assumed notions about suitable targets in the policing of organized crime. (a) Based on internal records, police pursue is responsible for the archiving of less than 6% of inactive ocgs, while more than 2/3’s of the ocgs become inactive due to ‘market’ reasons regardless of enforcement pursues; (b) more than half of ocg members have ‘replaceable’, low-level jobs (i.e., drug suppliers, enforcers and criminal activity organizers), while 20% are considered principal members of the groups (who are older and more experienced offenders, as per their arrest records) (c) larger ocgs appear to pose a greater threat to society than smaller ocgs, while the latter are more likely to be ‘naturally’ dispersed over time; (d) given the inefficiencies that characterize the current pursue approach, a promising avenue of exploration is the targeting of younger and less experienced co-offenders of ocg members, before they ‘formally’ join the ocgs and through preventative mechanism. We discuss these findings and offer scholars and practitioners new considerations for future inquiries.
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Bussenius, Anne. "Money Laundering by Defence Counsel – The Decision of the Federal Constitutional Court." German Law Journal 5, no. 9 (September 1, 2004): 1045–55. http://dx.doi.org/10.1017/s2071832200013079.

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Ever since the incorporation of § 261, the offence of money laundering, into the Strafgesetzbuch (StGB – German Penal Code), the application of this statute to defence counsel has been discussed controversially. The debate stems from the extensive range of the statute, which calls not only for punishment of people who, for example, committed clandestine acts in order to conceal the criminal origin of a “dirty” object, but also from section 2, which addresses those who simply procured objects deriving from any prior crime enumerated in the money laundering offence. For defence counsel the risk of making themselves liable for prosecution is extraordinarily high. Since it is the nature of their profession that they deal with the accused and receive payment for their work, they are more likely to come in contact with and receive “dirty” money than most other people. The threat is intensified by § 261 sec. 5 StGB, a special rule on the mens rea requirement. According to this section, the money laundering offence does not necessarily require the person to know about or act with contingent intent as to the incriminated origin of the object. Instead, it is sufficient if he or she does not realise the origin, even though it was obvious, and thus acts grossly negligently concerning the incrimination of the object. Therefore, § 261 Abs. 5 StGB poses a serious threat to defence counsels since they obtain facts about their clients in order to fascilitate defence, which then may lead to the allegation that they should have realised the criminal origins of the money they received as a fee.
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Merryman, John Henry. "A Licit International Trade in Cultural Objects." International Journal of Cultural Property 4, no. 1 (January 1995): 13–60. http://dx.doi.org/10.1017/s094073919500004x.

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SummaryRetentive nationalism has until recently dominated thinking about the international movement of cultural property, while the international interest in an active licit trade has been ignored and the interests of museums, collectors and the art and antiquities trade have been denigrated. An active licit market in cultural property advances the international interest, provides income to source nations and reduces the harm done by the black market. Trade in “culturally moveable” objects in private hands serves the international interest and is internationally licit, even when it offends national export controls. Source nations can reduce the damage from clandestine excavations by employing more sophisticated domestic controls and feeding surplus archaeological objects to the licit market. The “commodification” objection to an active trade in cultural objects lacks substance. Market nations can provide the most effective political force for development of an active market. They, and the art and antiquities trade, can help source nations finance organization of their cultural property resources for effective participation in a licit international trade.
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Kinyanzui, Jane Waithira Kimani. "Functionality of Kenya Prisons Service in Managing Terrorist Prison Criminal Group Activities at Kamiti Maximum Prison, Nairobi Kenya." Advances in Social Sciences Research Journal 8, no. 2 (March 6, 2021): 611–20. http://dx.doi.org/10.14738/assrj.82.9787.

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Prisons all over the world have become the ‘epicenter’ of terrorist groups' activities that include violent extremism, radicalization and recruitments into terrorist prison criminal groups. Although many scholars, especially in Kenya, have not scratched this area, the fact remains that prisons have become a center of terrorist recruitment, strengthening, interconnecting, organizing, and conducting terrorist actions with subjects outside of prison. This study, therefore, was designed to evaluate the Kenya Prisons Service's functionality in managing Terrorist Prison criminal group Activities at Kamiti Maximum Prison. Three objectives focused this study; to examine the nature of available Terrorist Prison Criminal Groups Management strategies at the institution; to identify the anti-Terrorist Prison Criminal Groups Management gaps, and finally, to identify activities associated with Terrorist Prison Criminal Groups at Kamiti Maximum Prison. The paper employed a descriptive research design and a hybrid methodology where qualitative and quantitative data were obtained. Results showed that the most embraced terrorist management techniques were separation/isolation as it allows for close supervision and use of risk assessment instruments amongst other measures. Results also showed that clandestine use of the internet while in prison was associated with the recruitment of other prisoners into terrorist groups, Islamist militant prison radicalization, and external influences. The study findings showed that the main ways to mitigate the Terrorist Prison Criminal Group activities in Kenya included creating employment opportunities for the youth, creating rehabilitation programs for terror convicts, and offering education to the public. Amongst other measures, this was perceived as mitigation to reduce terrorist groups. The study recommended judges and magistrates to only incarcerate the most serious criminals and prefer non-custodial sentences for petty offenders. This will better manage the radicalization of petty prisoners. Key words: Inmates, terrorist criminals, Prison, Isolation, Concentration, Separation.
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8

Tam, Hau-lin, Siu-ming To, Diana Kan Kwok, and Doris Ka Yin Chan. "Life routinization and clandestine photo-taking behavior among young people in Hong Kong: Implications for social work practice." Qualitative Social Work, May 27, 2021, 147332502110203. http://dx.doi.org/10.1177/14733250211020348.

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With a growing number of reported offenses, clandestine photo-taking has become an increasingly noticeable phenomenon in Hong Kong and other parts of the world. This behavior is usually seen as a selfish act as it invades people’s privacy and sexual autonomy to satisfy one’s own sex drive. However, the present study provides new and varying insights into the problem. This is the qualitative section of an impact assessment including three focus group interviews with 10 young sexual offenders aged between 18 and 25 years who were either arrested or under probation. The results suggest that more than being sexually driven, people engaged in clandestine photo-taking to eliminate their sense of loneliness and break through the routinization of their everyday lifestyle. Living in a fast-paced and highly demanding metropolitan city, they felt lost and occupied to the extent that they were unaware of their purpose and meaning in life. In contrast, clandestine photo-taking allowed them to have a sense of control and satisfaction that they were lacking in their everyday lives. Based on the young offenders’ experiences and responses in the present study, social and parental understanding with early and preventive measures such as curriculum-based sexual education, and sufficient sexual and counseling support will be more important than imposing strong legal sanctions or social control to handle their sexually offending behavior. To assist young people in their need to overcome their everyday life’s boredom, stress, and routine, in combination with existing treatments, a meaning-centered approach is suggested for future practices.
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Olujobi, Olusola Joshua. "Recouping proceeds of corruption: is there any need to reverse extant trends by enacting civil forfeiture legal regime in Nigeria?" Journal of Money Laundering Control ahead-of-print, ahead-of-print (May 27, 2021). http://dx.doi.org/10.1108/jmlc-09-2020-0107.

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Purpose The aim of this study is to investigate how Nigeria can seek legal assistance on recovery of its stolen assets to reduce corruption and to ensure no sheltered havens for incomes from corruption. Design/methodology/approach The research adopts a conceptual method by using existing literature with the application of doctrinal legal research technique. The research likewise uses primary and secondary sources of legislations such as legislative provisions, case laws and the provisions of Chapter V of the United Nations Convention against Corruption and the process of asset recovery. The study compares the United Kingdom, USA, Hong Kong in China, South Africa and Nigeria proceeds of corruption recovery laws to gain basic legal features that would be beneficial to Nigeria in reforming its anti-corruption laws. Findings The principle of territorial sovereignty under the international law makes the offence of corruption not punishable outside the jurisdiction of the state where the offence was committed. As a result, some developed states boost their economy with these proceeds and the developing states are impoverished. There is also an allegation of discrepancies in the figures of funds recovered by the anti-corruption agencies. Thus, there is the need for transparency; law on civil forfeiture of proceeds of corruption; bilateral treaties; and mutual legal assistance on investigation, confiscation among countries for tracing and returning of proceeds of corruption. Research limitations/implications The estimates of the volume of assets looted from Nigeria vary widely because of the complexity of collecting data on proceeds of corruption as official statistics on proceeds of corruption recovered do not exist as each anti-corruption agency occasionally makes pronouncements on the volume of assets recovered without any breakdown in terms of assets seized, nature of assets and their locations and its values. Such data would aid policymakers to measure the effectiveness of the present assets legislations and to enhance its effectiveness. Practical implications Considering the clandestine manners corruption is being committed, it is tasking to correctly evaluate the amount of money stolen so, their economic impacts on the nation’s economy. Social implications Absence of accurate data would aid policymakers to measure the effectiveness of the present assets legislations and to enhance its effectiveness. Originality/value The study offers modules on management of proceeds of corruption by establishing “Assets Management Commission” and “Proceeds of Corruption Forfeiture Funds” for reparation of victims’ of corruption. The study suggests the necessity for civil forfeiture of proceeds of corruption, which is presently lacking, and creation of Proceeds of Corruption Recovery and Management Commission to manage such proceeds and advocate establishment of “Proceeds of Corruption Forfeiture Funds” for reparation of victims of corruption.
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Wise, Jenny, and Lesley McLean. "Making Light of Convicts." M/C Journal 24, no. 1 (March 15, 2021). http://dx.doi.org/10.5204/mcj.2737.

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Introduction The social roles of alcohol consumption are rich and varied, with different types of alcoholic beverages reflecting important symbolic and cultural meanings. Sparkling wine is especially notable for its association with secular and sacred celebrations. Indeed, sparkling wine is rarely drunk as a matter of routine; bottles of such wine signal special occasions, heightened by the formality and excitement associated with opening the bottle and controlling (or not!) the resultant fizz (Faith). Originating in England and France in the late 1600s, sparkling wine marked a dramatic shift in winemaking techniques, with winemakers deliberately adding “fizz” or bubbles to their product (Faith). The resulting effervescent wines were first enjoyed by the social elite of European society, signifying privilege, wealth, luxury and nobility; however, new techniques for producing, selling and distributing the wines created a mass consumer culture (Guy). Production of Australian sparkling wines began in the late nineteenth century and consumption remains popular. As a “new world” country – that is, one not located in the wine producing areas of Europe – Australian sparkling wines cannot directly draw on the same marketing traditions as those of the “old world”. One enterprising company, Treasury Wine Estates, markets a range of wines, including a sparkling variety, called 19 Crimes, that draws, not on European traditions tied to luxury, wealth and prestige, but Australia’s colonial history. Using Augmented Reality and interactive story-telling, 19 Crimes wine labels feature convicts who had committed one or more of 19 crimes punishable by transportation to Australia from Britain. The marketing of sparkling wine using convict images and convict stories of transportation have not diminished the celebratory role of consuming “bubbly”. Rather, in exploring the marketing techniques employed by the company, particularly when linked to the traditional drink of celebration, we argue that 19 Crimes, while fun and informative, nevertheless romanticises convict experiences and Australia’s convict past. Convict Heritage and Re-Appropriating the Convict Image Australia’s cultural heritage is undeniably linked to its convict past. Convicts were transported to Australia from England and Ireland over an 80-year period between 1788-1868. While the convict system in Australia was not predominantly characterised by incarceration and institutionalisation (Jones 18) the work they performed was often forced and physically taxing, and food and clothing shortages were common. Transportation meant exile, and “it was a fierce punishment that ejected men, women and children from their homelands into distant and unknown territories” (Bogle 23). Convict experiences of transportation often varied and were dependent not just on the offender themselves (for example their original crime, how willing they were to work and their behaviour), but also upon the location they were sent to. “Normal” punishment could include solitary confinement, physical reprimands (flogging) or hard labour in chain gangs. From the time that transportation ceased in the mid 1800s, efforts were made to distance Australia’s future from the “convict stain” of its past (Jones). Many convict establishments were dismantled or repurposed with the intent of forgetting the past, although some became sites of tourist visitation from the time of closure. Importantly, however, the wider political and social reluctance to engage in discourse regarding Australia’s “unsavoury historical incident” of its convict past continued up until the 1970s (Jones 26). During the 1970s Australia’s convict heritage began to be discussed more openly, and indeed, more favourably (Welch 597). Many today now view Australia’s convicts as “reluctant pioneers” (Barnard 7), and as such they are celebrated within our history. In short, the convict heritage is now something to be celebrated rather than shunned. This celebration has been capitalised upon by tourist industries and more recently by wine label 19 Crimes. “19 Crimes: Cheers to the Infamous” The Treasury Wine Estates brand launched 19 Crimes in 2011 to a target population of young men aged between 18 and 34 (Lyons). Two limited edition vintages sold out in 2011 with “virtually no promotion” (19 Crimes, “Canadians”). In 2017, 19 Crimes became the first wine to use an Augmented Reality (AR) app (the app was later renamed Living Wines Labels in 2018) that allowed customers to hover their [smart] phone in front of a bottle of the wine and [watch] mugshots of infamous 18th century British criminals come to life as 3D characters who recount their side of the story. Having committed at least one of the 19 crimes punishable by exile to Australia, these convicts now humor and delight wine drinkers across the globe. (Lirie) Given the target audience of the 19 Crimes wine was already 18-34 year old males, AR made sense as a marketing technique. Advertisers are well aware the millennial generation is “digitally empowered” and the AR experience was created to not only allow “consumers to engage with 19 Crimes wines but also explore some of the stories of Australia’s convict past … [as] told by the convicts-turned-colonists themselves!” (Lilley cited in Szentpeteri 1-2). The strategy encourages people to collect convicts by purchasing other 19 Crimes alcohol to experience a wider range of stories. The AR has been highly praised: they [the labels] animate, explaining just what went down and giving a richer experience to your beverage; engaging both the mind and the taste buds simultaneously … . ‘A fantastic app that brings a little piece of history to life’, writes one user on the Apple app store. ‘I jumped out of my skin when the mugshot spoke to me’. (Stone) From here, the success of 19 Crimes has been widespread. For example, in November 2020, media reports indicated that 19 Crimes red wine was the most popular supermarket wine in the UK (Lyons; Pearson-Jones). During the UK COVID lockdown in 2020, 19 Crimes sales increased by 148 per cent in volume (Pearson-Jones). This success is in no small part to its innovative marketing techniques, which of course includes the AR technology heralded as a way to enhance the customer experience (Lirie). The 19 Crimes wine label explicitly celebrates infamous convicts turned settlers. The website “19 Crimes: Cheers to the Infamous” incorporates ideas of celebration, champagne and bubbles by encouraging people to toast their mates: the convicts on our wines are not fiction. They were of flesh and blood, criminals and scholars. Their punishment of transportation should have shattered their spirits. Instead, it forged a bond stronger than steel. Raise a glass to our convict past and the principles these brave men and women lived by. (19 Crimes, “Cheers”) While using alcohol, and in particular sparkling wine, to participate in a toasting ritual is the “norm” for many social situations, what is distinctive about the 19 Crimes label is that they have chosen to merchandise and market known offenders for individuals to encounter and collect as part of their drinking entertainment. This is an innovative and highly popular concept. According to one marketing company: “19 Crimes Wines celebrate the rebellious spirit of the more than 160,000 exiled men and women, the rule breakers and law defying citizens that forged a new culture and national spirit in Australia” (Social Playground). The implication is that by drinking this brand of [sparkling] wine, consumers are also partaking in celebrating those convicts who “forged” Australian culture and national spirit. In many ways, this is not a “bad thing”. 19 Crimes are promoting Australian cultural history in unique ways and on a very public and international scale. The wine also recognises the hard work and success stories of the many convicts that did indeed build Australia. Further, 19 Crimes are not intentionally minimising the experiences of convicts. They implicitly acknowledge the distress felt by convicts noting that it “should have shattered their spirits”. However, at times, the narratives and marketing tools romanticise the convict experience and culturally reinterpret a difficult experience into one of novelty. They also tap into Australia’s embracement of larrikinism. In many ways, 19 Crimes are encouraging consumers to participate in larrikin behaviour, which Bellanta identifies as being irreverent, mocking authority, showing a disrespect for social subtleties and engaging in boisterous drunkenness with mates. Celebrating convict history with a glass of bubbly certainly mocks authority, as does participating in cultural practices that subvert original intentions. Several companies in the US and Europe are now reportedly offering the service of selling wine bottle labels with customisable mugshots. Journalist Legaspi suggests that the perfect gift for anyone who wants a sparkling wine or cider to toast with during the Yuletide season would be having a customisable mugshot as a wine bottle label. The label comes with the person’s mugshot along with a “goofy ‘crime’ that fits the person-appealing” (Sotelo cited in Legaspi). In 2019, Social Playground partnered with MAAKE and Dan Murphy's stores around Australia to offer customers their own personalised sticker mugshots that could be added to the wine bottles. The campaign was intended to drive awareness of 19 Crimes, and mugshot photo areas were set up in each store. Customers could then pose for a photo against the “mug shot style backdrop. Each photo was treated with custom filters to match the wine labels actual packaging” and then printed on a sticker (Social Playground). The result was a fun photo moment, delivered as a personalised experience. Shoppers were encouraged to purchase the product to personalise their bottle, with hundreds of consumers taking up the offer. With instant SMS delivery, consumers also received a branded print that could be shared so [sic] social media, driving increased brand awareness for 19 Crimes. (Social Playground) While these customised labels were not interactive, they lent a unique and memorable spin to the wine. In many circumstances, adding personalised photographs to wine bottles provides a perfect and unique gift; yet, could be interpreted as making light of the conditions experienced by convicts. However, within our current culture, which celebrates our convict heritage and embraces crime consumerism, the reframing of a mugshot from a tool used by the State to control into a novelty gift or memento becomes culturally acceptable and desirable. Indeed, taking a larrikin stance, the reframing of the mugshot is to be encouraged. It should be noted that while some prisons were photographing criminals as early as the 1840s, it was not common practice before the 1870s in England. The Habitual Criminals Act of 1869 has been attributed with accelerating the use of criminal photographs, and in 1871 the Crimes Prevention Act mandated the photographing of criminals (Clark). Further, in Australia, convicts only began to be photographed in the early 1870s (Barnard) and only in Western Australia and Port Arthur (Convict Records, “Resources”), restricting the availability of images which 19 Crimes can utilise. The marketing techniques behind 19 Crimes and the Augmented app offered by Living Wines Labels ensure that a very particular picture of the convicts is conveyed to its customers. As seen above, convicts are labelled in jovial terms such as “rule breakers”, having a “rebellious spirit” or “law defying citizens”, again linking to notions of larrikinism and its celebration. 19 Crimes have been careful to select convicts that have a story linked to “rule breaking, culture creating and overcoming adversity” (19 Crimes, “Snoop”) as well as convicts who have become settlers, or in other words, the “success stories”. This is an ingenious marketing strategy. Through selecting success stories, 19 Crimes are able to create an environment where consumers can enjoy their bubbly while learning about a dark period of Australia’s heritage. Yet, there is a distancing within the narratives that these convicts are actually “criminals”, or where their criminal behaviour is acknowledged, it is presented in a way that celebrates it. Words such as criminals, thieves, assault, manslaughter and repeat offenders are foregone to ensure that consumers are never really reminded that they may be celebrating “bad” people. The crimes that make up 19 Crimes include: Grand Larceny, theft above the value of one shilling. Petty Larceny, theft under one shilling. Buying or receiving stolen goods, jewels, and plate... Stealing lead, iron, or copper, or buying or receiving. Impersonating an Egyptian. Stealing from furnished lodgings. Setting fire to underwood. Stealing letters, advancing the postage, and secreting the money. Assault with an intent to rob. Stealing fish from a pond or river. Stealing roots, trees, or plants, or destroying them. Bigamy. Assaulting, cutting, or burning clothes. Counterfeiting the copper coin... Clandestine marriage. Stealing a shroud out of a grave. Watermen carrying too many passengers on the Thames, if any drowned. Incorrigible rogues who broke out of Prison and persons reprieved from capital punishment. Embeuling Naval Stores, in certain cases. (19 Crimes, “Crimes”) This list has been carefully chosen to fit the narrative that convicts were transported in the main for what now appear to be minimal offences, rather than for serious crimes which would otherwise have been punished by death, allowing the consumer to enjoy their bubbly without engaging too closely with the convict story they are experiencing. The AR experience offered by these labels provides consumers with a glimpse of the convicts’ stories. Generally, viewers are told what crime the convict committed, a little of the hardships they encountered and the success of their outcome. Take for example the transcript of the Blanc de Blancs label: as a soldier I fought for country. As a rebel I fought for cause. As a man I fought for freedom. My name is James Wilson and I fight to the end. I am not ashamed to speak the truth. I was tried for treason. Banished to Australia. Yet I challenged my fate and brought six of my brothers to freedom. Think that we have been nearly nine years in this living tomb since our first arrest and that it is impossible for mind or body to withstand the continual strain that is upon them. One or the other must give way. While the contrived voice of James Wilson speaks about continual strain on the body and mind, and having to live in a “living tomb” [Australia] the actual difficulties experienced by convicts is not really engaged with. Upon further investigation, it is also evident that James Wilson was not an ordinary convict, nor was he strictly tried for treason. Information on Wilson is limited, however from what is known it is clear that he enlisted in the British Army at age 17 to avoid arrest when he assaulted a policeman (Snoots). In 1864 he joined the Irish Republican Brotherhood and became a Fenian; which led him to desert the British Army in 1865. The following year he was arrested for desertion and was convicted by the Dublin General Court Martial for the crime of being an “Irish rebel” (Convict Records, “Wilson”), desertion and mutinous conduct (photo from the Wild Geese Memorial cited in The Silver Voice). Prior to transportation, Wilson was photographed at Dublin Mountjoy Prison in 1866 (Manuscripts and Archives Division), and this is the photo that appears on the Blanc de Blancs label. He arrived in Fremantle, Western Australia on 9 January 1868. On 3 June 1869 Wilson “was sentenced to fourteen days solitary, confinement including ten days on bread and water” (photo from the Wild Geese Memorial cited in The Silver Voice) for an unknown offence or breach of conduct. A few years into his sentence he sent a letter to a fellow Fenian New York journalist John Devoy. Wilson wrote that his was a voice from the tomb. For is not this a living tomb? In the tomb it is only a man’s body is good for the worms but in this living tomb the canker worm of care enters the very soul. Think that we have been nearly nine years in this living tomb since our first arrest and that it is impossible for mind or body to withstand the continual strain that is upon them. One or the other must give way. (Wilson, 1874, cited in FitzSimons; emphasis added) Note the last two lines of the extract of the letter have been used verbatim by 19 Crimes to create their interactive label. This letter sparked a rescue mission which saw James Wilson and five of his fellow prisoners being rescued and taken to America where Wilson lived out his life (Reid). This escape has been nicknamed “The Great Escape” and a memorial was been built in 2005 in Rockingham where the escape took place. While 19 Crimes have re-created many elements of Wilson’s story in the interactive label, they have romanticised some aspects while generalising the conditions endured by convicts. For example, citing treason as Wilson’s crime rather than desertion is perhaps meant to elicit more sympathy for his situation. Further, the selection of a Fenian convict (who were often viewed as political prisoners that were distinct from the “criminal convicts”; Amos) allows 19 Crimes to build upon narratives of rule breaking by focussing on a convict who was sent to Australia for fighting for what he believed in. In this way, Wilson may not be seen as a “real” criminal, but rather someone to be celebrated and admired. Conclusion As a “new world” producer of sparkling wine, it was important for 19 Crimes to differentiate itself from the traditionally more sophisticated market of sparkling-wine consumers. At a lower price range, 19 Crimes caters to a different, predominantly younger, less wealthy clientele, who nevertheless consume alcoholic drinks symbolic to the occasion. The introduction of an effervescent wine to their already extensive collection encourages consumers to buy their product to use in celebratory contexts where the consumption of bubbly defines the occasion. The marketing of Blanc de Blancs directly draws upon ideas of celebration whilst promoting an image and story of a convict whose situation is admired – not the usual narrative that one associates with celebration and bubbly. Blanc de Blancs, and other 19 Crimes wines, celebrate “the rules they [convicts] broke and the culture they built” (19 Crimes, “Crimes”). This is something that the company actively promotes through its website and elsewhere. Using AR, 19 Crimes are providing drinkers with selective vantage points that often sensationalise the reality of transportation and disengage the consumer from that reality (Wise and McLean 569). Yet, 19 Crimes are at least engaging with the convict narrative and stimulating interest in the convict past. Consumers are being informed, convicts are being named and their stories celebrated instead of shunned. Consumers are comfortable drinking bubbly from a bottle that features a convict because the crimes committed by the convict (and/or to the convict by the criminal justice system) occurred so long ago that they have now been romanticised as part of Australia’s colourful history. The mugshot has been re-appropriated within our culture to become a novelty or fun interactive experience in many social settings. For example, many dark tourist sites allow visitors to take home souvenir mugshots from decommissioned police and prison sites to act as a memento of their visit. The promotional campaign for people to have their own mugshot taken and added to a wine bottle, while now a cultural norm, may diminish the real intent behind a mugshot for some people. For example, while drinking your bubbly or posing for a fake mugshot, it may be hard to remember that at the time their photographs were taken, convicts and transportees were “ordered to sit for the camera” (Barnard 7), so as to facilitate State survelliance and control over these individuals (Wise and McLean 562). Sparkling wine, and the bubbles that it contains, are intended to increase fun and enjoyment. Yet, in the case of 19 Crimes, the application of a real-life convict to a sparkling wine label adds an element of levity, but so too novelty and romanticism to what are ultimately narratives of crime and criminal activity; thus potentially “making light” of the convict experience. 19 Crimes offers consumers a remarkable way to interact with our convict heritage. The labels and AR experience promote an excitement and interest in convict heritage with potential to spark discussion around transportation. The careful selection of convicts and recognition of the hardships surrounding transportation have enabled 19 Crimes to successfully re-appropriate the convict image for celebratory occasions. References 19 Crimes. “Cheers to the Infamous.” 19 Crimes, 2020. 14 Dec. 2020 <https://www.19crimes.com>. ———. “The 19 Crimes.” 19 Crimes, 2020. 14 Dec. 2020 <https://www.19crimes.com/en-au/the-19-crimes>. ———. “19 Crimes Announces Multi-Year Partnership with Entertainment Icon Snoop Dogg.” PR Newswire 16 Apr. 2020. 15 Dec. 2020 <https://www.prnewswire.com/news-releases/19-crimes-announces-multi-year-partnership-with-entertainment-icon-snoop-dogg-301041585.html>. ———. “19 Crimes Canadians Not Likely to Commit, But Clamouring For.” PR Newswire 10 Oct. 2013. 15 Dec. 2020 <https://www.prnewswire.com/news-releases/19-crimes-canadians-not-likely-to-commit-but-clamouring-for-513086721.html>. Amos, Keith William. The Fenians and Australia c 1865-1880. Doctoral thesis, UNE, 1987. <https://hdl.handle.net/1959.11/12781>. Barnard, Edwin. Exiled: The Port Arthur Convict Photographs. Canberra: National Library of Australia, 2010. Bellanta, Melissa. Larrikins: A History. University of Queensland Press. Bogle, Michael. Convicts: Transportation and Australia. Sydney: Historic Houses Trust of New South Wales, 2008. Clark, Julia. ‘Through a Glass, Darkly’: The Camera, the Convict and the Criminal Life. PhD Dissertation, University of Tasmania, 2015. Convict Records. “James Wilson.” Convict Records 2020. 15 Dec. 2020 <https://convictrecords.com.au/convicts/wilson/james/72523>. ———. “Convict Resources.” Convict Records 2021. 23 Feb. 2021 <https://convictrecords.com.au/resources>. Faith, Nicholas. The Story of Champagne. Oxford: Infinite Ideas, 2016. FitzSimons, Peter. “The Catalpa: How the Plan to Break Free Irish Prisoners in Fremantle Was Hatched, and Funded.” Sydney Morning Herald 21 Apr. 2019. 15 Dec. 2020 <https://www.smh.com.au/entertainment/books/the-catalpa-how-the-plan-to-break-free-irish-prisoners-in-fremantle-was-hatched-and-funded-20190416-p51eq2.html>. Guy, Kolleen. When Champagne Became French: Wine and the Making of a National identity. Baltimore, Maryland: Johns Hopkins UP, 2007. Jones, Jennifer Kathleen. Historical Archaeology of Tourism at Port Arthur, Tasmania, 1885-1960. PhD Dissertation, Simon Fraser University, 2016. Legaspi, John. “Need a Wicked Gift Idea? Try This Wine Brand’s Customizable Bottle Label with Your Own Mugshot.” Manila Bulletin 18 Nov. 2020. 14 Dec. 2020 <https://mb.com.ph/2020/11/18/need-a-wicked-gift-idea-try-this-wine-brands-customizable-bottle-label-with-your-own-mugshot/>. Lirie. “Augmented Reality Example: Marketing Wine with 19 Crimes.” Boot Camp Digital 13 Mar. 2018. 15 Dec. 2020 <https://bootcampdigital.com/blog/augmented-reality-example-marketing-wine-19-crimes/>. Lyons, Matthew. “19 Crimes Named UK’s Favourite Supermarket Wine.” Harpers 23 Nov. 2020. 14 Dec. 2020 <https://harpers.co.uk/news/fullstory.php/aid/28104/19_Crimes_named_UK_s_favourite_supermarket_wine.html>. Manuscripts and Archives Division, The New York Public Library. "John O'Reilly, 10th Hussars; Thomas Delany; James Wilson, See James Thomas, Page 16; Martin Hogan, See O'Brien, Same Page (16)." The New York Public Library Digital Collections. 1866. <https://digitalcollections.nypl.org/items/510d47dc-9768-a3d9-e040-e00a18064a99>. Pearson-Jones, Bridie. “Cheers to That! £9 Bottle of Australian Red Inspired by 19 Crimes That Deported Convicts in 18th Century Tops List as UK’s Favourite Supermarket Wine.” Daily Mail 22 Nov. 2020. 14 Dec. 2020 <https://www.dailymail.co.uk/femail/food/article-8933567/19-Crimes-Red-UKs-favourite-supermarket-wine.html>. Reid, Richard. “Object Biography: ‘A Noble Whale Ship and Commander’ – The Catalpa Rescue, April 1876.” National Museum of Australia n.d. 15 Dec. 2020 <https://www.nma.gov.au/__data/assets/pdf_file/0015/2553/NMA_Catalpa.pdf>. Snoots, Jen. “James Wilson.” Find A Grave 2007. 15 Dec. 2020 <https://www.findagrave.com/memorial/19912884/james-wilson>. Social Playground. “Printing Wine Labels with 19 Crimes.” Social Playground 2019. 14 Dec. 2020 <https://www.socialplayground.com.au/case-studies/maake-19-crimes>. Stone, Zara. “19 Crimes Wine Is an Amazing Example of Adult Targeted Augmented Reality.” Forbes 12 Dec. 2017. 15 Dec. 2020 <https://www.forbes.com/sites/zarastone/2017/12/12/19-crimes-wine-is-an-amazing-example-of-adult-targeted-augmented-reality/?sh=492a551d47de>. Szentpeteri, Chloe. “Sales and Marketing: Label Design and Printing: Augmented Reality Bringing Bottles to Life: How Treasury Wine Estates Forged a New Era of Wine Label Design.” Australian and New Zealand Grapegrower and Winemaker 654 (2018): 84-85. The Silver Voice. “The Greatest Propaganda Coup in Fenian History.” A Silver Voice From Ireland 2017. 15 Dec. 2020 <https://thesilvervoice.wordpress.com/tag/james-wilson/>. Welch, Michael. “Penal Tourism and the ‘Dream of Order’: Exhibiting Early Penology in Argentina and Australia.” Punishment & Society 14.5 (2012): 584-615. Wise, Jenny, and Lesley McLean. “Pack of Thieves: The Visual Representation of Prisoners and Convicts in Dark Tourist Sites.” The Palgrave Handbook of Incarceration in Popular Culture. Eds. Marcus K. Harmes, Meredith A. Harmes, and Barbara Harmes. Switzerland: Palgrave Macmillan, 2020. 555-73.
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Dissertations / Theses on the topic "Clandestine offenses"

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Roth, Stéphanie. "Clandestinité et prescription de l'action publique." Phd thesis, Université de Strasbourg, 2013. http://tel.archives-ouvertes.fr/tel-01061930.

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La mise en œuvre de la prescription de l'action publique n'est pas, en principe, subordonnée à la connaissance de l'infraction par les personnes pouvant déclencher les poursuites pénales. Le législateur retient en effet comme point de départ du délai de prescription le jour de la commission des faits et non celui de leur découverte. Cette règle connaît toutefois une exception lorsque l'infraction est dite clandestine. Parce que le ministère public et la victime n'ont pas pu avoir connaissance de l'existence de cette infraction, la prescription ne court pas tant que les faits ne sont pas apparus et n'ont pu être constatés dans des conditions permettant l'exercice de l'action publique. L'exception de clandestinité empêche donc le temps de produire son effet destructeur sur l'action publique. Sa mise en œuvre évite ainsi que certaines infractions restent impunies par le seul jeu de l'écoulement du délai. S'il ne fait aucun doute que la clandestinité d'une infraction constitue un obstacle à la prescription de l'action publique, la notion même de clandestinité reste à circonscrire. Elle recouvre en effet, en droit positif, de multiples réalités qui rendent impossible sa systématisation. Aux termes de la recherche, il apparaît que le critère déterminant de la clandestinité consiste dans l'ignorance légitime de l'existence de l'infraction par les personnes habilitées à mettre en mouvement l'action publique. En application de l'adage contra non valentem agere non currit praescriptio, cette ignorance caractérisée devrait autoriser le report du point de départ de la prescription de l'action publique de toute infraction au jour où les faits peuvent être constatés par le ministère public ou par la personne lésée.
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Reilly, William J. "Characteristics of Cause of Death, Victim, Crime, Offender, and Familial Relationship." ScholarWorks, 2019. https://scholarworks.waldenu.edu/dissertations/7726.

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Broad personality or global traits are unlikely to assist in solving capital crimes, so forensic psychologists have begun to focus on characteristics of the crime to create differentiating profiles. The purpose of this study was to determine if offender and victim characteristics and method of murder could provide cluster profiles differentiating familial relationship between offender and victim. Guided by classical conditioning theory and social learning theory, an archival database of 147 capital offenders responsible for 506 victims was analyzed. Cluster analysis yielded 3 distinct profiles. Compared to other clusters, Cluster 1 offenders tended to be Black and unfamiliar with their victims, who tended to be male between 20 and 50 years old that were typically shot. Cluster 2 offenders tended to be White and familiar with their typically female victims under the age of 20 who they typically murdered by use of blunt force or strangulation. Cluster 3 offenders were distinguished from the other 2 clusters only by having accounted for 90.6% of all victims who were stabbed, but no other associations with variables in the data set were discovered to explain this finding. Though limited in sample size, range of variables, and supplemental insights that could have been gained from case files or interviews, the results contribute to positive social change with offender-victim characteristics and method of murder profiles that begin to differentiate the familial offender-victim relationship and that future research can prospectively build on to create retrospective profiling models, which could potentially lead to resolving unsolved serial murder cases.
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Book chapters on the topic "Clandestine offenses"

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Hiro, Dilip. "The Gulf Rivals’ Eastward March." In Cold War in the Islamic World, 163–200. Oxford University Press, 2019. http://dx.doi.org/10.1093/oso/9780190944650.003.0010.

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As de facto ruler, Crown Prince Abdullah aided the Taliban, a hard line Islamic fundamentalist party in Afghanistan, created by Pakistan in 1994 during the civil war. Assisted by Islamabad and Riyadh, the Taliban captured Kabul in September 1996. In their spring and summer 1998 offensives, they seized more territory. During their capture of Mazare Sharif, eleven diplomats from Iran’s consulate “disappeared”. The subsequent tensions between Iran and the Taliban escalated to the point when Iran’s Islamic Revolutionary Guards carried out military exercises near the Afghan border. Thus pressured, the Taliban handed over the Iranian diplomats’ corpses. President Khatami was quick to condemn the 9/11 attacks masterminded by Osama bin Laden based in Afghanistan. In contrast, the widely shared view of senior Saudi princes was that 9/11 was part of the Zionist conspiracy to get Washington fired up to launch a worldwide campaign against Islamic terrorism. Iran clandestinely supplied intelligence on the Taliban on the eve of Washington’s anti-Taliban campaign in October 2001. Yet in January 2002, President George W. Bush included Iran along with Iraq in his “Axis of Evil.” Ignoring Abdullah’s opposition to aggression against any Arab country, Bush ordered invasion and occupation of Iraq in March 2003.
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