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Journal articles on the topic 'Criminal condemnation before the end of the process'

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1

Pocar, Fausto. "Criminal Proceedings before the International Criminal Tribunals for the Former Yugoslavia and Rwanda." Law & Practice of International Courts and Tribunals 5, no. 1 (2006): 89–102. http://dx.doi.org/10.1163/157180306777156934.

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AbstractThe ad hoc Criminal Tribunals have shown, by their case law, how practically to go about judicial enforcement of international humanitarian law at the international level and have guided the formation of other international and mixed criminal courts. Following the precedent set at the Nuremberg trials, the most important legacy of the ad hoc Tribunals has been the development and effective enforcement of the entire body of international humanitarian law put into place since the end of World War II, which seeks to maintain a proper balance between prosecuting individuals for grave breac
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2

Noël-Grandmaison, Rachel. "Les décisions pénales dans les causes d’homicide au tribunal de Montréal, de 1985 à 1989." Criminologie 29, no. 1 (2005): 141–60. http://dx.doi.org/10.7202/017385ar.

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This paper tries to shed a light on the attrition process and on the factors influencing the sentencing's decision making process, for criminal homicide cases prosecuted in Montreal between 1985 and 1989 inclusively. The results showed that unlike the police mainly laying murder charges, 55 % of the 142 sentenced were found guilty of manslaughter. Therefore a large number has less than eight years in prison to serve before eligibility to full parole. The accused who commited an homicide associated with another crime or a settling of accounts, who went through a trial, who had a criminal record
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3

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
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4

Nazarudin, Moch Isa, and Umar Ma'ruf. "Comparison Of The Implementation Of Pre-Court Process Before And After The Constitutional Court Decision Number: 21 / PUU-XII / 2014 In The Batang State Court." Jurnal Daulat Hukum 3, no. 1 (2020): 191. http://dx.doi.org/10.30659/jdh.v3i1.8684.

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The purpose of this study is to describe and analyze the basis of the court's authority to examine and decide on pretrial lawsuits, analyze and describe the legal force of pretrial decisions regarding the illegitimacy of determining criminal suspects and describe the comparative implementation of pretrial proceedings before and after the Constitutional Court ruling Number: 21 / PUU-XII / 2014 in the Batang State CourtThis research uses descriptive research type with sociological juridical and normative juridical, data collection method with literature study, observation and content analysis.At
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5

Bykowska, Sylwia. "Zbrodnia i kara jako rytuał. Gdański proces stutthofskich zbrodniarzy." Rocznik Polsko-Niemiecki, no. 23 (April 29, 2015): 49–87. http://dx.doi.org/10.35757/rpn.2015.23.03.

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This article attempts to analyse the trials held against the guards of the Stutthof concentration camp and the public execution of eleven criminals sentenced to death. The proceedings were held before the Special Criminal Court in Gdansk from 25 April to 31 May 1946. The sentence was carried out on a hill called Biskupia Górka (Stolzenberg) on 4 July of that year, in the presence of a crowd numbering in the tens of thousands of people. These events are shown as a ritual, which did not only punish Nazi perpetrators, but also fulfilled important social and political functions. Attention is also
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Abdurrachman, Hamidah, and Fajar Ari Sudewo. "The Use of Violence in Indonesian Police Investigation." International Journal of Engineering & Technology 7, no. 3.21 (2018): 497. http://dx.doi.org/10.14419/ijet.v7i3.21.17221.

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The tricky part of the investigation process in Indonesian Criminal Justice System is to balance the requirement to successfully uncover cases reported by the public while at the same time avoiding a violation of Human Rights at all cost. To do their duty, the police as investigators are given the authority to take measures such as arrest, detention, search, seizure and examination of letters. In implementing these forceful measures, the tendency of abuse to occur is highly likely, including but not limited on the use of violence to intimidate, evidence engineering, false arrests, maladministr
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Kalac, Anna-Maria Getoš. "Guilt, Dangerousness and Liability in the Era of Pre-Crime – the Role of Criminology? To Adapt, or to Die, that is the Question!" Monatsschrift für Kriminologie und Strafrechtsreform 103, no. 3 (2020): 198–207. http://dx.doi.org/10.1515/mks-2020-2054.

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AbstractThere is no doubt that, in terms of criminal policy, we have been living in an era of pre-crime for quite some time now. Whether we like it or not, times have changed and so has the general position on concepts of (criminal) guilt, dangerousness and liability. Whereas once there was a broad consensus that penal repression, at least in principle, should be executed in a strictly postcrime fashion, nowadays the same consensus has been reached on trading freedom (from penal repression) for (promised) security, long before an »actual crime« might even be committed. In this regard, the crim
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8

Girsang, Sahat Benny Risman, Erni Juniria Harefa, Pondang Hasibuan, and July Esther. "PENERAPAN RESTORATIVE JUSTICE DALAM PROSES PERKARA TINDAK PIDANA PENGERUSAKAN DIHUBUNGKAN DENGAN PERATURAN JAKSA AGUNG TENTANG PENGHENTIAN PENUNTUTAN BERDASARKAN KEADILAN RESTORATIF (Studi di Kejaksaan Negeri Pematangsiantar)." NOMMENSEN JOURNAL OF LEGAL OPINION 2, no. 01 (2021): 133–42. http://dx.doi.org/10.51622/njlo.v2i01.347.

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Settlement of criminal cases through restorative justice in stage two (2) or since the handing over of responsibility for suspects and evidence to the Public Prosecutor has been regulated in the Attorney General's Regulation No. 15 of 2020 concerning Termination of Prosecution Based on Restorative Justice. The legality of the application of restorative in Indonesia has been used in Law No. 11 of 2012 concerning the Juvenile Justice System (SSPA) and the Circular Letter of the Chief of Police No. 8 of 2018 concerning the Application of Restorative Justice before the start of the investigation s
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Puzyryov, Mykhaylo, and Lyudmyla Olefir. "Socio-legal conditionality for introduction of the institute of probation supervision over convicts on parole into the legislation of Ukraine." Naukovyy Visnyk Dnipropetrovs'kogo Derzhavnogo Universytetu Vnutrishnikh Sprav 4 (December 29, 2020): 199–205. http://dx.doi.org/10.31733/2078-3566-2020-4-199-205.

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The article substantiates a socio-legal conditionality for introduction of the institute of probation supervision over convicts on parole into the legislation of Ukraine. It was found that the need to exert a certain influence (supervisory, educational, etc.) over convicts on parole is not new and is evidenced not only by foreign but also domestic history of criminal and executive law. The analysis of modern foreign approaches has shown that the procedure of parole provides for two interrelated stages: 1) release of a person from a penitentiary institution; 2) establishing supervision over him
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10

Ostermann, Michael, and Jordan M. Hyatt. "Parole Officer Decision-Making Before Parole Revocation: Why Context Is Key When Delivering Correctional Services." Criminal Justice Policy Review, August 12, 2021, 088740342110354. http://dx.doi.org/10.1177/08874034211035494.

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Back-end sentencing is the discretionary, administrative process through which individuals on parole are returned to prison for violating the requirements of their supervised release. Parole officers play a crucial role in this process as they are the witnesses to the rule-breaking behaviors of people on parole supervision and ultimately must initiate the back-end sentencing process. This study explores predictors of parole officer decision-making when determining whether to consider a person for revocation or to gear programmatic community-based resources toward them in an attempt to decrease
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11

Pennington, Liana, and Matthew J. Dolliver. "The Effect of Deliberation on Jurors’ Attitudes toward Jury Service in Criminal Cases." Law & Social Inquiry, December 10, 2020, 1–16. http://dx.doi.org/10.1017/lsi.2020.29.

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Jury service is one important way that citizens actively involve themselves in the criminal justice system. At a time when criminal justice and legal institutions are suffering from declining levels of public trust, it is crucial to understand the effects of jury service on individuals’ views of the jury system and whether these views vary across different racial groups. This article uses survey data from 248 deliberating and prospective jurors on criminal cases with matched data before and after jury service to examine jurors’ views of jury service. Unlike most research in this area, actual j
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12

Krajewski, Arkadiusz. "Konstytucyjne zasady postępowania karnego na tle orzecznictwa Polskiego Trybunału Konstytucyjnego." Studia Prawnicze / The Legal Studies, 2017, 67–86. http://dx.doi.org/10.37232/sp.2017.2.3.

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The Constitutional Tribunal is defined as the Polish constitutional court and at the same time the judicial authority. It was created at the turn of 1982. Not long after that it began its jurisprudence; more precisely it was in 1986. Describing its basic tasks, it is pointed out that judicial review of so-called constitutional law deserves a closer look. This is particularly true about controlling the compliance of lower legal norms with higher legal norms. Here attention is drawn towards the connection of the Constitution with some international agreements, ie. the court of law. The purpose o
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13

Kincheloe, Pamela. "Do Androids Dream of Electric Speech? The Construction of Cochlear Implant Identity on American Television and the “New Deaf Cyborg”." M/C Journal 13, no. 3 (2010). http://dx.doi.org/10.5204/mcj.254.

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Cyborgs already walk among us. (“Cures to Come” 76) This essay was begun as a reaction to a Hallmark Hall of Fame television movie called Sweet Nothing in My Ear (2008), which follows the lives of two parents, Dan, who is hearing (played by Jeff Daniels), and Laura, who is deaf (Marlee Matlin), as they struggle to make a decision about whether or not to give their 11-year-old son, Adam (late-deafened), a cochlear implant. Dan and Laura represent different perspectives, hearing and deaf perspectives. The film dramatizes the parents’ conflict and negotiation, exposing audiences to both sides of
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14

Lohmeier, Christine. "Disclosing the Ethnographic Self." M/C Journal 12, no. 5 (2009). http://dx.doi.org/10.5204/mcj.195.

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We are our own subjects. How our subjectivity becomes entangled in the lives of others is and has always been our topic. (Denzin 27)This article reflects on the process of disclosing the ethnographic self, particularly in relation to the use of e-mails and social networking sites, such as Facebook. Previous work has examined virtual ethnography as the main research method or its place within a mixed method approach (Orgad; Hine, Virtual Ethnography; Fay; Greschke). My focus lies on the voluntary and involuntary intertwining of physical ethnographic work (i.e. going to a specific location to im
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15

Miletic, Sasa. "‘Everyone Has Secrets’: Revealing the Whistleblower in Hollwood Film in the Examples of Snowden and The Fifth Estate." M/C Journal 23, no. 4 (2020). http://dx.doi.org/10.5204/mcj.1668.

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In one of the earliest films about a whistleblower, On the Waterfront (1954), the dock worker Terry Malloy (Marlon Brando), who also works for the union boss and mobster Johnny Friendly (Lee J. Cobb), decides to testify in court against him and uncover corruption and murder. By doing so he will not only suffer retribution from Friendly but also be seen as a “stool pigeon” by his co-workers, friends, and neighbours who will shun him, and he will be “marked” forever by his deed. Nonetheless, he decides to do the right thing. Already it is clear that in most cases the whistleblowers are not simpl
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16

Richardson, Sarah Catherine. "“Old Father, Old Artificer”: Queering Suspicion in Alison Bechdel’s Fun Home." M/C Journal 15, no. 1 (2012). http://dx.doi.org/10.5204/mcj.396.

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Halfway through the 2006 memoir comic Fun Home, the reader encounters a photograph that the book’s author, Alison Bechdel, found in a box of family snapshots shortly after her father’s death. The picture—“literally the core of the book, the centrefold” (Bechdel qtd. in Chute “Interview” 1006)—of Alison’s teenaged babysitter, Roy, erotically reclining on a bed in only his underwear, is the most tangible and direct evidence of her father’s sexual affairs with teenage boys, more confronting than his own earlier confession. Through this image, and a rich archive of familial texts, Bechdel chronicl
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17

Dennis, Fay. "Drugs: Bodies Becoming “Normal”." M/C Journal 19, no. 1 (2016). http://dx.doi.org/10.5204/mcj.1073.

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IntroductionPeople say, “don’t you ever want to come off?” I don’t know. The thought of me getting up without taking something is totally... to me that’s normal. If I haven’t taken anything then I’m not normal. And for me to even, I can’t contemplate not taking something, you know. I’m not a lost cause. I know what my problem is. It’s other people that want me to stop. I don’t want to stop. I don’t want to. Does that make sense to you? (Mya)This extract is taken from an interview that formed part of my doctoral research looking at people’s experiences of injecting drug use and treatment servic
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18

Lambert, Anthony, and Catherine Simpson. "Jindabyne’s Haunted Alpine Country: Producing (an) Australian Badland." M/C Journal 11, no. 5 (2008). http://dx.doi.org/10.5204/mcj.81.

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“People live here, they die here so they must leave traces.” (Read 140) “Whatever colonialism was and is, it has made this place unsettling and unsettled.” (Gibson, Badland 2) Introduction What does it mean for [a] country to be haunted? In much theoretical work in film and Cultural Studies since the 1990s, the Australian continent, more often than not, bears traces of long suppressed traumas which inevitably resurface to haunt the present (Gelder and Jacobs; Gibson; Read; Collins and Davis). Felicity Collins and Therese Davis illuminate the ways Australian cinema acts as a public sphere, or “
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19

Taylor, Alison. "“There’s Suspicion, Nothing More” — Suspicious Readings of Michael Haneke’s Caché (Hidden, 2005)." M/C Journal 15, no. 1 (2011). http://dx.doi.org/10.5204/mcj.384.

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Michael Haneke’s film Caché tells the story of a bourgeois family in peril. The comfortable lives of the Laurents—husband Georges (Daniel Auteuil), wife Anne (Juliette Binoche), and teenage son Pierrot (Lester Makedonsky)—are disrupted when surveillance tapes of their home and private conversations are delivered to them anonymously. Ostensibly Caché sits in a familiar generic framework: the thriller narrative of a family under threat is reminiscent of films such as The Desperate Hours (1955), Cape Fear (1962), and Straw Dogs (1971). The weight of outside forces causes tension within the family
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20

Bruns, Axel. "Archiving the Ephemeral." M/C Journal 1, no. 2 (1998). http://dx.doi.org/10.5204/mcj.1708.

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They may have been obscured by the popular media's fascination with the World Wide Web, but for many Net users, Usenet newsgroups still constitute an equally important interactive tool. While Web pages present relatively static information that can be structured through hypertext links and searched using Yahoo! and similar services, newsgroups are fora for open, interactive discussion on virtually any conceivable subject, amongst participants from around the world -- more than any other part of the Net, they are instrumental in the formation of virtual communities by allowing like-minded indiv
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Shiloh, Ilana. "A Vision of Complex Symmetry." M/C Journal 10, no. 3 (2007). http://dx.doi.org/10.5204/mcj.2674.

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 The labyrinth is probably the most universal trope of complexity. Deriving from pre-Greek labyrinthos, a word denoting “maze, large building with intricate underground passages”, and possibly related to Lydian labrys, which signifies “double-edged axe,” symbol of royal power, the notion of the labyrinth primarily evokes the Minoan Palace in Crete and the myth of the Minotaur. According to this myth, the Minotaur, a monster with the body of a man and the head of a bull, was born to Pesiphae, king Minos’s wife, who mated with a bull when the king of Crete was besieging Athen
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Quinan, C. L., and Hannah Pezzack. "A Biometric Logic of Revelation: Zach Blas’s SANCTUM (2018)." M/C Journal 23, no. 4 (2020). http://dx.doi.org/10.5204/mcj.1664.

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Ubiquitous in airports, border checkpoints, and other securitised spaces throughout the world, full-body imaging scanners claim to read bodies in order to identify if they pose security threats. Millimetre-wave body imaging machines—the most common type of body scanner—display to the operating security agent a screen with a generic body outline. If an anomaly is found or if an individual does not align with the machine’s understanding of an “average” body, a small box is highlighted and placed around the “problem” area, prompting further inspection in the form of pat-downs or questioning. In t
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Shaw, Janice Marion. "The Curious Transformation of Boy to Computer." M/C Journal 19, no. 4 (2016). http://dx.doi.org/10.5204/mcj.1130.

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Mark Haddon’s The Curious Incident of the Dog in the Night-Time has achieved success as “the new Rain Man” or “the new definitive, popular account of the autistic condition” (Burks-Abbott 294). Integral to its favourable reception is the way it conflates the autistic main character, the fifteen-year-old narrator Christopher Boone, with the savant, or individual who exhibits both neurological problems and giftedness, thereby engaging with the way autism is presented in popular culture. In a variety of contemporary films and television series, autism has been transformed from a disability to a f
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Sexton-Finck, Larissa. "Violence Reframed: Constructing Subjugated Individuals as Agents, Not Images, through Screen Narratives." M/C Journal 23, no. 2 (2020). http://dx.doi.org/10.5204/mcj.1623.

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What creative techniques of resistance are available to a female filmmaker when she is the victim of a violent event and filmed at her most vulnerable? This article uses an autoethnographic lens to discuss my experience of a serious car crash my family and I were inadvertently involved in due to police negligence and a criminal act. Employing Creative Analytical Practice (CAP) ethnography, a reflexive form of research which recognises that the creative process, producer and product are “deeply intertwined” (Richardson, “Writing: A Method” 930), I investigate how the crash’s violent affects cri
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25

Dean, Gabrielle. "Portrait of the Self." M/C Journal 5, no. 5 (2002). http://dx.doi.org/10.5204/mcj.1991.

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Let us work backwards from what we know, from personal experience: the photograph of which we have each been the subject. Roland Barthes says of this photograph that it transforms "the subject into object": one begins aping the mask one wants to assume, one begins, in other words, to make oneself conform in appearance to the disguise of an identity (Camera Lucida 11). A quick glance back at your most recent holiday gathering will no doubt confirm his diagnosis. Barthes gives to this subject-object the title of Spectrum in order to neatly join the idea of spectacle with the fearsome spectre, wh
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Cover, Rob. "Queer Youth Resilience: Critiquing the Discourse of Hope and Hopelessness in LGBT Suicide Representation." M/C Journal 16, no. 5 (2013). http://dx.doi.org/10.5204/mcj.702.

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Introduction Discourses of queer youth suicide regularly represent non-heterosexual young men as vulnerable and as victims who are inherently without strategies for coping with adversity (qv. Rasmussen; Marshall; Driver 3). Alternatively, queer youth are sometimes marked as fundamentally resilient, as avid users of tools of resilience and community such as the internet (Smith & Gray 74; Wexler et al. 566; Hillier & Harrison; Bryson & McIntosh). In the latter approach, protective factors are typically presented as specific to queer youth (e.g., Russell 10), therefore also minoritisi
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Franks, Rachel. "A Taste for Murder: The Curious Case of Crime Fiction." M/C Journal 17, no. 1 (2014). http://dx.doi.org/10.5204/mcj.770.

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Introduction Crime fiction is one of the world’s most popular genres. Indeed, it has been estimated that as many as one in every three new novels, published in English, is classified within the crime fiction category (Knight xi). These new entrants to the market are forced to jostle for space on bookstore and library shelves with reprints of classic crime novels; such works placed in, often fierce, competition against their contemporaries as well as many of their predecessors. Raymond Chandler, in his well-known essay The Simple Art of Murder, noted Ernest Hemingway’s observation that “the goo
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28

Mee, Sharon Jane. "Cinema as Prosthesis: Errol Morris’s Use of the Interrotron in Mr. Death: The Rise and Fall of Fred A. Leuchter, Jr." M/C Journal 22, no. 5 (2019). http://dx.doi.org/10.5204/mcj.1593.

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Errol Morris’s Mr. Death: The Rise and Fall of Fred A. Leuchter, Jr. is a documentary made in 1999 that focuses on a designer of execution equipment, Fred A. Leuchter, Jr. It is notable that when filming Mr. Death—specifically, in interviews with Leuchter—Morris used a self-designed system that he calls the Interrotron (a combination of the words “interview” and “terror”). My primary interest lies in how apparatuses—the execution equipment that Leuchter designs, the Interrotron that Morris uses to film Leuchter, and cinema—come to function prosthetically. I argue that the apparatus as a prosth
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Potts, Graham. ""I Want to Pump You Up!" Lance Armstrong, Alex Rodriguez, and the Biopolitics of Data- and Analogue-Flesh." M/C Journal 16, no. 6 (2013). http://dx.doi.org/10.5204/mcj.726.

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The copyrighting of digital augmentations (our data-flesh), their privatization and ownership by others from a vast distance that is simultaneously instantly telematically surmountable started simply enough. It was the initially innocuous corporatization of language and semiotics that started the deeper ontological flip, which placed the posthuman bits and parts over the posthuman that thought that it was running things. The posthumans in question, myself included, didn't help things much when, for instance, we all clicked an unthinking or unconcerned "yes" to Facebook® or Gmail®'s "terms and
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Brennan, Joseph. "Slash Manips: Remixing Popular Media with Gay Pornography." M/C Journal 16, no. 4 (2013). http://dx.doi.org/10.5204/mcj.677.

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A slash manip is a photo remix that montages visual signs from popular media with those from gay pornography, creating a new cultural artefact. Slash (see Russ) is a fannish practice that homoeroticises the bonds between male media characters and personalities—female pairings are categorised separately as ‘femslash’. Slash has been defined almost exclusively as a female practice. While fandom is indeed “women-centred” (Bury 2), such definitions have a tendency to exclude male contributions. Remix has been well acknowledged in discussions on slash, most notably video remix in relation to slash
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Brien, Donna Lee. "Disclosure in Biographically-Based Fiction: The Challenges of Writing Narratives Based on True Life Stories." M/C Journal 12, no. 5 (2009). http://dx.doi.org/10.5204/mcj.186.

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As the distinction between disclosure-fuelled celebrity and lasting fame becomes difficult to discern, the “based on a true story” label has gained a particular traction among readers and viewers. This is despite much public approbation and private angst sometimes resulting from such disclosure as “little in the law or in society protects people from the consequences of others’ revelations about them” (Smith 537). Even fiction writers can stray into difficult ethical and artistic territory when they disclose the private facts of real lives—that is, recognisably biographical information—in thei
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