To see the other types of publications on this topic, follow the link: Criminals, south america.
Journal articles on the topic 'Criminals, south america'
Create a spot-on reference in APA, MLA, Chicago, Harvard, and other styles
Consult the top 50 journal articles for your research on the topic 'Criminals, south america.'
Next to every source in the list of references, there is an 'Add to bibliography' button. Press on it, and we will generate automatically the bibliographic reference to the chosen work in the citation style you need: APA, MLA, Harvard, Chicago, Vancouver, etc.
You can also download the full text of the academic publication as pdf and read online its abstract whenever available in the metadata.
Browse journal articles on a wide variety of disciplines and organise your bibliography correctly.
1
Ramirez, Susan Elizabeth. "Amores Prohibidos: The Consequences of the Clash of Juridical Norms in Sixteenth Century Peru." Americas 62, no. 01 (July 2005): 47–63. http://dx.doi.org/10.1017/s0003161500063343.
Full textAbstract:
Laws make criminals. Lao-tzu, Chinese Philosopher (circa sixth century B.C.E.) Fundamental to the establishment of Spanish colonial power in America was the formation of a system of laws and the invention or extension of institutions needed to implement them. In Peru, a more systematic imposition of Spanish regulation began in the 1540s with the introduction of the New Laws (1542), which were directed to the west coast of South America in 1543 by the first appointed Viceroy, the ill-fated peninsular noble, the caballero (gentleman) Blasco Nuñez Vela.
2
Rasiah, Rasiah, Ansor Putra, Fina Amalia Masri, Arman Arman, and Suci Rahmi Pardilla. "JUST LIKE BLACK, ONLY BETTER: POOR WHITE IN ANTEBELLUM SOUTH OF AMERICA DEPICTED IN SOLOMON NORTHUP’S NOVEL TWELVE YEARS AS A SLAVE." Diksi 29, no. 1 (March 29, 2021): 10–19. http://dx.doi.org/10.21831/diksi.v29i1.33081.
Full textAbstract:
(Title: Just Like Black, Only Better: Poor White in Antebellum South of America Depicted in Solomon Northup’s Novel “Twelve Years as A Slave”). Antebellum era, the period before the Civil War occured, or before the year 1861, in the United States is used to relate to the enslavement of black American. In fact, the era was not merely about black, but also poor white. This study is purposed to describe the poor whites’ life in antebellum America as reflected in Twelve Years As A Slave (1855), a narrative biography novel written by Solomon Northup. Set up the story in New York, Washingotn DC, and New Orleans, the author (and focalizer at once) told the story based on his own experience as a black who was captivated and sold into slavery for twelve years. Although the novel centered its story on black character, it also reflected the life of poor whites who were also being “enslaved” by their white counterparts. Through sociology of literature perspective, this study reveals that the character of poor white that represented through John M. Tibeats, Armsby, and James H. Burch came from Great Britain especially from Ireland. Mostly, they moved to America as incarcerated people. They lived under the poverty and some of them were the vagrants and petty criminals. Poor white during antebellum era in America was positioned in the lower social level. They were “enslaved” by their white master but more better compared to the black slaves. It can be noticed that poor white were positioned in low social level because of the socio-economic problem, while blacks were race and racism. Keywords: antebellum America, poor white, slavery, social class, American literature
3
Otiono, Nduka. "Tracking Skilled Diasporas." Transfers 1, no. 3 (December 1, 2011): 5–23. http://dx.doi.org/10.3167/trans.2011.010302.
Full textAbstract:
This essay examines the trajectories of skilled labor migrants within a global South-North migration matrix using an interdisciplinary framework. Focusing on Nigeria's huge brain drain phenomenon, the essay draws from the limited available data on the field, interpreting those data through theoretical perspectives from postcolonial studies, Marxism, cultural studies, and human geography. The study spotlights the example of the United States of America as a receptacle of skilled migrants and raises questions of social justice along the North-South divide. The research demonstrates that contrary to the dominant image promoted by some elements in the Western media of migrants as irritants or criminals who disturb well-cultivated, advanced World economies and social spaces, 1 those nations benefit highly from Africa's (and other migrant countries') labor diasporas, especially the highly skilled professionals.
4
Coleman, Diana Murtaugh. "El Sur También Existe: Imagining futures." Cultural Dynamics 31, no. 4 (September 20, 2019): 365–74. http://dx.doi.org/10.1177/0921374019860937.
Full textAbstract:
Guantánamo is infamous as a site of extra-legal detention in the wake of 9/11; more than a single site, it is part of a web of the United States’ militarization operating in the Global South. An area of the military base is now being revitalized as a new camp for climate change–related mass migration events predicted to occur throughout the Caribbean and Latin America. In February 2018, RQ Construction, LLC (Carlsbad, California) won a 23-million-dollar contract to build a “Contingency Mass Migration Complex” at Guantánamo to house migrants and personnel at the military base in a massive tent city. Though less explicitly worded, other large Department of Defense awards for work at Guantánamo point toward extensive infrastructure development as recently as March 2019. The United States’ militarized response to climate-based migration is an extension of the logic through which economic and political refugees are branded criminals or terrorists.
5
O. Odeku, Kola, and Simbarashe R. Gundani. "Accentuating criminal sanctions for environmental degradation: issues and perspectives." Environmental Economics 8, no. 2 (June 9, 2017): 28–37. http://dx.doi.org/10.21511/ee.08(2).2017.03.
Full textAbstract:
This article examines the need to enforce criminal sanctions for environmental crimes being perpetrated daily, particularly by those who engage in mining and extractive ventures. In South Africa, more often than not, the sanctions for environmental crimes are usually premised on civil suits or administrative actions against the perpetrators. However, these sanctions have not been effective in dissuading perpetrators from environmental harm and degradation because they have the financial means to settle any claims or fines imposed by the courts or the administrative tribunals. It is against the backdrop of this culture of deliberate impunity that this article accentuates the need to strengthen sanctions against perpetrators by imposing criminal sanctions in order to serve as deterrent. A precedent was set by the court in the case of Blue Platinum Ventures (Pty) Limited and Maponya, where the court emphatically invoked and applied criminal sanction against the defendant and was held criminally liable for degrading the environment. The case is a landmark, as it sets a new precedent, where the perpetrator was criminally sanctioned. Countries like United States of America and Australia have been successful in criminal sanctioning of environmental crimes; many mining and extractives companies’ executives and managers have been criminally sanctioned and sent to jail. This article looks at the jurisprudence from these jurisdictions and draws useful lessons that could be used to strengthen prosecution and conviction of perpetrators in South Africa.
6
Seltenreich, Radim. "Filosofie zločinu a trestu – vybrané aspekty amerického trestního práva v 19. století se zvláštním zřetelem k problematice vězeňství." PRÁVNĚHISTORICKÉ STUDIE 52, no. 2 (September 15, 2022): 137–49. http://dx.doi.org/10.14712/2464689x.2022.24.
Full textAbstract:
In his article, the author discusses the development of American criminal law in the 19th century, with the focus on prison issues. In this context, he also recalls the views of the French thinker Michel Foucault on this topic expressed in his now classic work “Discipline and Punish”. In order to provide the necessary context, this section is preceded by a brief outline of the development of American criminal law since its colonial beginnings. Then, as far as the prison system itself in the newly founded United States of America is concerned, the author highlights two different approaches to prisoners that were applied in the jail houses Eastern Penitentiary in Pennsylvania and Auburn Prison in New York. He also focuses on the economic side of the issue, whereas part of the text aims to analyse the phenomenon of the “convict lease system” as practised particularly in the American South. Finally, he concludes his article by mentioning other attempts to reform the prison system in the second half of the 19th century.
7
MARCHANT, ALEXANDRE. "«FRENCH CONNECTIONS EN AMERIQUE LATINE »: aux racines des circuits contemporains de la drogue." Outros Tempos: Pesquisa em Foco - História 14, no. 24 (December 21, 2017): 137–60. http://dx.doi.org/10.18817/ot.v14i24.604.
Full textAbstract:
Résumé: La continentalisation et la mondialisation du trafic de drogue dans les Amériques semble avoir débuté avec l”™émergence des grands cartels colombiens et mexicains dans les années 1980. Elles plongent en réalité leurs racines dans le systá¨me mis en place des années auparavant par les mafias marseillaises exportatrices d”™héroá¯ne dans le Nouveau Monde au temps de la French Connection. Du sud au nord du continent, des criminels français expatriés ont institué des réseaux, des itinéraires et des pratiques qui ne disparurent pas du jour au lendemain avec l”™effondrement de la filiá¨re française au début des années 1970. Bien au contraire, les cartels naissants de la cocaá¯ne ont cherché á intégrer d”™anciens trafiquants de la French Connection pour mettre á profit leur savoir-faire, avant de perfectionner leurs méthodes pour aboutir á de nouveaux équilibres entre Amériques et Europe dans le trafic international de stupéfiants au tournant des années 1980-1990.Mots-clefs: Trafic. Mafia. Cartel. «FRENCH CONNECTIONS NA AMÉRICA LATINA »: nas raázes dos circuitos contemporá¢neos da droga. Resumo: A continentalização e a mundialização do tráfico de droga nas Américas parecem ter começado com a emergência dos grandes cartéis colombianos e mexicanos nos anos 1980. Mas, na realidade, elas se enraizaram, muitos anos antes, no sistema implantado, pelas máfias marselhesas exportadoras de heroána no Novo Mundo, nos tempos da French Connection. Do sul ao norte do continente, criminosos franceses expatriados instituáram redes, itinerários e práticas que não desapareceram do dia para a noite com a queda da filial francesa no começo dos anos 1970. Ao contrário, os cartéis nascentes da cocaána buscaram integrar antigos traficantes da French Connection para tirar proveito de suas experiências, antes mesmo de aperfeiçoarem seus métodos, para alcançar novos equilábrios entre Américas e Europa no tráfico internacional de entorpecentes na virada dos anos 1980-1990.Palavras-chave: Tráfico. Máfia. Cartel. « FRENCH CONNECTIONS IN LATIN AMERICA »: at the roots of drug contemporary routes.Abstract: Continentalization and globalization of drug trafficking in the Americas seem to have begun with the emergence of Colombian and Mexican cartels in the 1980s. However, in reality they were entrenched many years before in the embedded system by the Mafias from Marselha which were exporters of heroin in the ”New World” throughout the period of the French Connection. From the south to the north of the continent, expatriate French criminals instituted networks, itineraries and practices, which did not abruptly disappear with the collapse of the French branch in the early 1970s. On the other hand, cocaine's emerging cartels sought to integrate former French Connection traffickers to take advantage of their experiences, before perfecting their methods to achieve new equilibrium between Americas and Europe with the international traffic of drugs during the years 1980-1990.Keywords: Traffic. Mafia. Cartel. «FRENCH CONNECTIONS EN AMÉRICA LATINA »: en las raáces de los circuitos contemporáneos de la droga. Resumen: La continentalización y la mundialización del tráfico de drogas en las Américas parecen haber comenzado con la emergencia de los grandes carteles colombianos y mexicanos en los años 1980. Pero, en realidad, se enraizaron, muchos años antes, en el sistema implantado por las mafias marsellesas exportadoras de heroána en el Nuevo Mundo, en los tiempos de French Connection. Del sur al norte del continente, criminosos franceses expatriados establecieron redes, itinerarios y prácticas que no desaparecieron del dáa para la noche con la caáda de la filial francesa a principios de los años 1970. Al contrario, los carteles nacientes de la cocaána buscaron integrar a antiguos traficantes de la French Connection para aprovechar sus experiencias, antes incluso de perfeccionar sus métodos, para alcanzar nuevos equilibrios entre Américas y Europa en el tráfico internacional de estupefacientes en el cambio de los años 1980-1990.Palabras clave: Tráfico. Mafia. Cartel.
8
Dorr, Gregory Michael. "Defective or Disabled?: Race, Medicine, and Eugenics in Progressive Era Virginia and Alabama." Journal of the Gilded Age and Progressive Era 5, no. 4 (October 2006): 359–92. http://dx.doi.org/10.1017/s1537781400003224.
Full textAbstract:
Something was menacing the South during the Progressive Era. Southern physicians located the threat in the “germ plasm,” the genes, of the region's inhabitants. Writing in a now-infamous 1893 “open letter” published in the Virginia Medical Monthly, Hunter Holmes McGuire, a Richmond physician and president of the American Medical Association, asked for “some scientific explanation of the sexual perversion in the negro of the present day.” McGuire's correspondent, Chicago physician G. Frank Lydston, replied that African-American men raped white women because of “[h]ereditary influences descending from the uncivilized ancestors of our negroes.” Lydston's solution to this problem was not lynching, but surgical castration which “prevents the criminal from perpetuating his kind.” Eight years later in Alabama, Dr. John E. Purdon opined, “It is a proved fact of experience that the inveterate criminal tends to propagates a race of criminals, and that the undeveloped or degraded nerve-tissue will duplicate itself in the next generation.” Dr. Purdon then declared, “Emasculation is the simplest and most perfect plan that can be adopted to secure the perfection of the race.” Twenty-three years later, in 1924, Harry Hamilton Laughlin testified in support of a Virginia law providing for the eugenic sterilization of the “shiftless, ignorant, and worthless class of anti-social whites of the South,” who allegedly created social problems for “normal” people. The multiplication of these “defective delinquents,” Laughlin and Virginia officials claimed, could only be controlled by restricting their procreation.
9
Sampó, Carolina, and Marcos Alan Ferreira. "De la fragmentación de las estructuras criminales a una proto-mafia: un análisis del Primeiro Comando da Capital (PCC) en Sudamérica." Revista de Estudios en Seguridad Internacional 6, no. 2 (December 8, 2020): 101–15. http://dx.doi.org/10.18847/1.12.6.
Full textAbstract:
This article examines how the Primeiro Comando da Capital (PCC) is structured as a particular model of criminal organization in South America, between what could be labelled as a third generation cartel and a proto-mafia. After the end of Colombian cartels, criminal organizations had to change the way they were structured. These changes resulted in a marked fragmentation that generated a multiplicity of small organizations in South America that managed to enter the drug trafficking market, driven by the “democratization” of cocaine. However, in the last decade Brazil has seen the opposite process. While in Latin America there was a shift from concentration to fragmentation - from the existence of cartels to the proliferation of a large number of small criminal structures - in Brazil, the PCC has ceased to be fragmented to concentrate and multiply its power, based on its presence and strength throughout the national territory, but also thanks to its transnationalization towards drug-producing countries such as Paraguay, Bolivia and Peru. The article examines if we are facing the emergence of a new generation of criminal structures, which perceive themselves as transnational companies and which adopt a different form than traditional cartels, much more flexible and capable of adapting to change, which makes them similar to a mafia, although they have not yet established themselves as such.
10
Mirow, M. C. "The Age of Constitutions in the Americas." Law and History Review 32, no. 2 (May 2014): 229–35. http://dx.doi.org/10.1017/s0738248014000054.
Full textAbstract:
The late eighteenth and nineteenth centuries have been aptly called the “Age of Codifications.” The same period was also the Age of Constitutions. Although a great deal is known about the migration of prenational and transnational legal sources and ideas that led to national codes of civil and criminal law in Europe and the Americas, much less is known about similar processes on the constitutional level. Constitutional historians have been more parochial than their private law counterparts, most likely because of the relationship between constitutions and nations. In the light of independence, nations immediately needed constitutions to solidify gains and to consolidate state power. The study of these processes becomes national narratives, often in conversation with the former colonial power, which are disconnected from more general or regional trends. As Linda Colley's article in this issue illustrates, it is important to step back to view the constitution-making process from an Atlantic perspective that ties the Americas, North and South, into the area of study. The Age of Constitutions in the Americas must include Latin America and the Caribbean.
11
Van der Bijl, Charnelle. "Parental Criminal Responsibility for the Misconduct of Their Children: A Consideration." Potchefstroom Electronic Law Journal 21 (April 6, 2018): 1–21. http://dx.doi.org/10.17159/1727-3781/2018/v21i0a1685.
Full textAbstract:
This contribution examines parental criminal responsibility for the delinquent acts of their children. As South African law has been swayed by legal philosophy of Anglo-American jurisprudence, a comparative analysis is undertaken with the United States of America, where this issue has been addressed legislatively in both civil tort law and criminal law. The reasoning behind the implementation of specific legislation in the United States is that the common law principles are rooted on the principles of individualisation, which does not specifically cater for parental liability. Parental responsibility laws have been challenged constitutionally over the years in the United States. Critics are of the view that such laws interfere with the rights of parents to raise their children and are a form of cruel punishment. Additional criticism raised is that parental responsibility laws impose strict liability on parents. Furthermore, some misgivings have been shed that many parents face challenges of being single parents or poverty, which will be exacerbated with the imposition of fines or imprisonment for the misconduct of their children. Despite these concerns and criticism, it will be shown that these laws have withstood the challenges over many decades, in the United States, in both the fields of the law of tort and criminal law. The common law of tort provides for the liability of parents for the conduct of their child. However, such conduct must be specifically attributable to a parent’s action or inaction. The purpose behind tort parental responsibility legislation focuses not only on providing monetary compensation by parents where their children are unable to do so, but also aims to encourage parents to provide better supervision of their children. At the opposite end of the spectrum, the focus of statutory criminalisation tends to remain on criminal liability of parents for failing to protect others from their child, due to a failure in supervision and to prevent juvenile delinquency. The South African law of delict is briefly contiguously considered in the context of parental responsibility laws. The concept of parental criminal responsibility laws under South African law is then considered and proffered as a useful mechanism to regulate misconduct of children currently falling outside the aegis of the criminal law.
12
Ciocchini, Pablo. "Learning from the South." Asian Journal of Social Science 46, no. 4-5 (September 28, 2018): 445–66. http://dx.doi.org/10.1163/15685314-04604004.
Full textAbstract:
Abstract Over the last three decades, governments in Latin America and Southeast Asia have transitioned from authoritarian to democratic regimes. A series of reforms to criminal procedures have been promoted to improve transparency and accountability and reduce the chronic backlog suffered by courts in the region. These reforms are based on the “ideal” model of societies in the Global North. However, due to the socioeconomic conditions and the institutional history of societies in these regions, these reforms have not achieved the proposed goals. Because of these failures, later reforms in Latin America have prioritised managerial concerns. Thus, they have favoured different types of bargained justice and simplified procedures that usher in convictions based mainly on police reports without a proper cross-examination of evidence. This article argues that jurisdictions in both regions could learn a lot from one another regarding avoiding failures and unintended consequences. To achieve this, the article uses a comparative approach and demonstrates the potential of this by comparing four reform strategies carried out in Argentina and the Philippines.
13
Basdeo, Vinesh. "A Critique of Search and Seizure in Terms of a Search Warrant in South African Criminal Procedure: A Comparative Analysis." African Journal of International and Comparative Law 27, no. 4 (November 2019): 497–521. http://dx.doi.org/10.3366/ajicl.2019.0288.
Full textAbstract:
The primary objective of this article is to determine whether the search and seizure measures employed in the South African criminal justice system are in need of any reform and/or augmentation in accordance with the ‘spirit, purport and object’ of the Constitution. This article analyses ‘search and seizure’ in the South African criminal justice system as is made possible by Chapter 2 of the Criminal Procedure Act 51 of 1977, which provides for search warrants, the entering of premises, and the seizure, of property connected with offences. It determines whether the required judicial scrutiny provides a real control upon the exercise of search and seizure powers. Search and seizure legal principles extracted from American criminal procedure will also be analysed for comparative purposes.
14
Kercher, Bruce. "Recovering and Reporting Australia's Early Colonial Case Law: The Macquarie Project." Law and History Review 18, no. 3 (2000): 659–66. http://dx.doi.org/10.2307/744073.
Full textAbstract:
When it was established in 1788, New South Wales became the most remote, and most peculiar, of the British empire's overseas colonies. The founding colony of what would eventually become Australia, it was established as a penal colony, a place to send the unwanted criminals of Britain and Ireland. Britain lost more than the majority of its North American possessions in the late eighteenth century. It also lost its principal repository for unwanted felons. New South Wales filled the gap.
15
Smykla, Evelyn Ortiz, and John Ortiz Smykla. "Criminal procedure in Uruguay, South America: A test of the universal applicability of Ingraham's six stages of criminal procedure." Journal of Criminal Justice 21, no. 6 (January 1993): 595–603. http://dx.doi.org/10.1016/0047-2352(93)90046-p.
Full text
16
Harris, J. William, and Christopher Waldrep. "Roots of Disorder: Race and Criminal Justice in the American South, 1817-80." Journal of Southern History 66, no. 3 (August 2000): 618. http://dx.doi.org/10.2307/2587880.
Full text
17
Adler, Jeffrey S., and Christopher Waldrep. "Roots of Disorder: Race and Criminal Justice in the American South, 1817-80." American Journal of Legal History 43, no. 1 (January 1999): 109. http://dx.doi.org/10.2307/846153.
Full text
18
Adler, Jeffrey S. "Roots of Disorder: Race and Criminal Justice in the American South, 1817–80." American Journal of Legal History 43, no. 1 (January 1999): 109–11. http://dx.doi.org/10.1093/ajlh/43.1.109.
Full text
19
Oshinsky, David M., and Christopher Waldrep. "Roots of Disorder: Race and Criminal Justice in the American South, 1817-80." American Historical Review 106, no. 2 (April 2001): 569. http://dx.doi.org/10.2307/2651665.
Full text
20
Reidy, Joseph P., and Christopher Waldrep. "Roots of Disorder: Race and Criminal Justice in the American South, 1817- 80." Journal of American History 87, no. 1 (June 2000): 234. http://dx.doi.org/10.2307/2567980.
Full text
21
Albertini, Matteo. "Mafia links between the Balkans and Scandinavia. State of affairs." Romanian Journal for Baltic and Nordic Studies 4, no. 2 (December 15, 2012): 111–50. http://dx.doi.org/10.53604/rjbns.v4i2_7.
Full textAbstract:
The last twenty years has seen an increasing presence of Balkan organized crime groups in security reports and newspapers’ headlines. This does not mean that mafia groups did not exist during Socialist Yugoslavia – even if its collapse and the following war made criminals and smugglers useful for politicians and leaders to maintain their power; it rather means that Balkan organized crime came outside its traditional areas of action in Serbia, Montenegro and Albania: less territorial and nationalist than it was before, it is now gaining prominence in an international scenario, making agreements with Italian and South American mafias – the so-called Holy Alliance – to manage drug routes towards Western Europe. One of the most interesting factors concerning Balkan mafia groups today is their presence in countries which traditionally do not have a history of organized crime, such as the Scandinavian states. One of the reasons lies in the wide percentage of immigrants moving from Balkan countries to Sweden or Norway. Since the wars of the 1990s in the former Yugoslavia, war-crimes fugitives were able to become common criminals in these countries, such as the infamous Želiko Raznjatović (“Arkan”). However, year by year, these gangs grew larger, taking advantage of the “expertise” and the resources gained during the war. In particular, the most spectacular case – the Våstberga helicopter robbery in 2009 – showed how these groups operate with military-style precision, utilize a wide number of participants, and have at their disposal laerge amounts of weapons and money. This paper will draw on the importance of Scandinavian – Balkan mafia relations in relation to three main criminal areas: drug and weapon smuggling and human trafficking, in order to underline the role of diasporas in enforcing organized crime groups and the extent to which these mafias could be a threat for the stability in both Eastern and Western Europe.
22
Fox, Branson, Anne Trolard, Mason Simmons, Jessica E. Meyers, and Matt Vogel. "Assessing the Differential Impact of Vacancy on Criminal Violence in the City of St. Louis, MO." Criminal Justice Review 46, no. 2 (March 2, 2021): 156–72. http://dx.doi.org/10.1177/0734016821996795.
Full textAbstract:
This study employs risk terrain modeling to identify the spatial correlates of aggravated assault and homicide in St. Louis, MO. We build upon the empirical literature by (1) replicating recent research examining the role of vacancy in the concentration of criminal violence and (2) examining whether the environmental correlates of violence vary between north and south St. Louis, a boundary that has long divided the city along racial and socioeconomic lines. Our results indicate that vacancy presents a strong, consistent risk for both homicide and aggravated assault and that this pattern emerges most clearly in the northern part of the city which is majority African American and has suffered chronic disinvestment. The concentration of criminal violence in South City is driven primarily by public hubs including housing, transportation, and schools. Our results underscore the importance of vacancy as a driver of the spatial concentration of violent crime and point to potential heterogeneity in risk terrain modeling results when applied to large metropolitan areas. Situational crime prevention strategies would be well served to consider such spatial contingencies as the risk factors driving violent crime are neither uniformly distributed across space nor uniform in their impact on criminal violence.
23
Kim, Byung-Kook. "The U.S.–South Korean Alliance: Anti-American Challenges." Journal of East Asian Studies 3, no. 2 (August 2003): 225–58. http://dx.doi.org/10.1017/s1598240800001351.
Full textAbstract:
December 2002 shook up South Korea's conservative establishment and its U.S. ally. Five days before the South Korean presidential election, with a quarter of the electorate still remaining undecided, leaders of nongovernmental organizations (NGOs) and religious activists staged a massive candlelight vigil in front of Seoul's city hall to protest against “unequal” provisions in South Korea's Status of Forces Agreement (SOFA) with its U.S. ally. The political rally drew some 40,000 protestors from all walks of life. Moreover, it was only one among many climaxes in a long mobilization drive launched by NGOs and “netizens” since June, when a U.S. armored vehicle driven by Sergeant Fernando Nino and Mark Walker ran over two teenage girls during a military exercise in Hyochonli. That month saw some thirty NGOs establish a national umbrella organization to demand the trial of Nino and Walker under South Korean law. Then, in December, the Catholic, Buddhist, and Protestant religious orders joined in to lend their authority to the protestors by collectively calling for the revision of SOFA to give South Korea “primary jurisdiction” over criminal cases. The radicalhanchongryonuniversity students, too, showed up in protest sites to stir up and escalate anti-American sentiments, regularly raiding U.S. military bases in Uijongbu and Yongsan and even breaking into the U.S. Embassy compound in November. But unlike the past, this intrusion of radicalhanchongryonactivists did not drive away presumably conservative middle-class groups from political rallies. On the contrary, the call for a SOFA revision grew louder after the U.S. military court judged Nino and Walker not guilty of negligent homicide.
24
Lessa, Francesca. "Operation Condor on Trial: Justice for Transnational Human Rights Crimes in South America." Journal of Latin American Studies 51, no. 2 (November 13, 2018): 409–39. http://dx.doi.org/10.1017/s0022216x18000767.
Full textAbstract:
AbstractIn May 2016, an Argentine federal court concluded a momentous trial, convicting 15 defendants of illegal kidnappings and torture committed against over 100 victims of Operation Condor, and ofasociación ilícita(‘illicit association’: conspiracy to commit a criminal offence) to perpetrate these violations. Operation Condor was the codename given to a continent-wide covert operation devised in the 1970s by South American regimes to eliminate hundreds of left-wing activists across the region. The Operation Condor verdict of 2016 broke new ground in human rights and transitional justice, for its innovative focus on transnational crimes and for holding state agents accountable for extraterritorial human rights violations. By analysing this pioneering case, the article brings the question of cross-border crimes into academic debate. As borders become more porous, scholars and practitioners can no longer afford to side-line the topic of accountability for transnational crimes.
25
Pilipenko, Evheniia. "CRIMINAL LIABILITY FOR THE ABANDONMENT IN DANGER IN COUNTRIES OF MIXED AND FAR EASTERN LAW SYSTEMS." Law Journal of Donbass 66, no. 1 (2019): 91–98. http://dx.doi.org/10.32366/2523-4269-2019-66-1-91-98.
Full textAbstract:
The article discloses the criminal liability for the abandonment in danger in countries of American and English law system and also the analysis of objective and subjective signs of the composition of abandonment in danger. A comparative analysis of the criminal responsibility and punishment for abandonment in danger in countries which belong to Mixed law family (Denmark, Sweden) and Far Eastern law family (Japan, South Korea). The object of abandonment in danger in countries which belong to Mixed law family (Denmark, Sweden) and Far Eastern law family (Japan, South Korea) is the person’s life and health, while in Ukraine one of the objects is only human life. In Sweden, abandonment in danger if it is committed intentionally, and in Denmark, Japan, South Korea it will be a crime if is committed inadvertently. In this regard, there are differences in the punishment appointment for abandonment in danger. In countries which belong to Mixed law family (Denmark, Sweden) and Far Eastern law family (Japan, South Korea), the object is human life and health, and in Ukraine only human life. Since abandonment in danger is a crime against human’s life and health, and it can cause health damage in the form of bodily harm, borrowing the foreign experience in the scope of abandonment in danger is necessary for Ukraine.
26
Visser, Jo-Marí. "Independent judicial research of forensic evidence in criminal trials – A South African perspective." South African Journal of Criminal Justice 34, no. 3 (2021): 415–41. http://dx.doi.org/10.47348/sacj/v34/i3a1.
Full textAbstract:
As forensic scientific evidence becomes not only more advanced but progressively more important in criminal trials, so too does the pressure on presiding officers to accurately assess such evidence, not only for admissibility but also reliability. In the United States of America (USA), judges are mandated to act as gatekeepers of expert opinion and as such are tempted to engage in independent judicial research of science and medicine to accurately fulfil this gatekeeping duty. This temptation is intensified by the information explosion on the Internet and the vast array of available information, both legal and non-legal in nature. While courts are entitled to conduct legal research in deciding disputes, controversy and ambiguity exist on whether judicial research on facts should be allowed. In South Africa, the Constitutional Court in S v Van der Walt 2020 (2) SACR 371 (CC) focused on procedural fairness and held that independent judicial research violates accused persons’ right to challenge evidence in terms of s 35(3)(i) of the Constitution. But a blanket prohibition on this type of judicial research excludes many significant advantages that could potentially secure more accurate decisions. This article considers the legal positions on independent judicial research in the USA and South Africa, reviews the pros and cons of such research, and finds that a flexible approach might alleviate some dangers and exploit some advantages.
27
Botha, Rinda, and Jo-Mari Visser. "Forceful arrests: an overview of section 49 of the Criminal Procedure Act 51 of 1977 and its recent amendments." Potchefstroom Electronic Law Journal/Potchefstroomse Elektroniese Regsblad 15, no. 2 (May 25, 2017): 345. http://dx.doi.org/10.17159/1727-3781/2012/v15i2a2493.
Full textAbstract:
The debate concerning the use of violence by the police force is an endless one. Section 49 of the Criminal Procedure Act 51 of 1977 serves as a framework for the use of violence by police officers during arrests in South Africa. While some hold the opinion that the powers of the police in this respect should be restricted, others see the 2003 redefined section 49 as a legislative guarantee of a suspect’s right to flee. Against this background this article has as its focus a critical discussion of the historical development of section 49 as well as the recent amendments of the same. The current legal position in South Africa is also compared with that in the United States of America as well as in the United Kingdom. Finally, certain conclusions and recommendations are made in order to enhance more favourable regulation of the employment of force in effecting arrests.
28
Darmin, M. O. "Types of international judicial institutions and their role in ensuring the right to judicial protection." Uzhhorod National University Herald. Series: Law, no. 64 (August 14, 2021): 363–67. http://dx.doi.org/10.24144/2307-3322.2021.64.66.
Full textAbstract:
The article is devoted to the study of the types of international judicial institutions and their role in ensuring theright to judicial protection. It is noted that the Manila Declaration provides for a judicial settlement of disputes andarbitration. The International Court of Justice is the principal judicial organ of the United Nations. The InternationalCriminal Court is the permanent body with jurisdiction over persons responsible for particularly serious crimes, inaddition to national criminal jurisdictions. The Inter-American Court of Human Rights is an independent, conven-tional body whose function is to protect human rights in the states of North and South America. The Arab Court ofHuman Rights has not yet begun its work, although the Court’s mandate allows States parties to lodge complaints.The African Court of Human and Peoples’ Rights is an independent body whose purpose is to protect human rightsin African countries. The jurisdiction of the European Court of Human Rights extends to all matters of interpretationand application of the Convention for the Protection of Human Rights and Fundamental Freedoms and its protocols.The Court of Justice of the European Union interprets EU law and provides for the settlement of disputes by the EU’snational government-institutions. It is emphasized that regional judicial institutions are designed to protect the rightsand freedoms of man and citizen. They are part of a subsidiary human rights protection mechanism that can be applied once all national remedies have been exhausted. Recourse to the International Court of Justice or arbitration isnot an unfriendly act in relations between states, but on the contrary indicates the use of peaceful means of dispute settlement. Unlike other international courts, only international criminal tribunals can be joined in a single proceeding.
29
Palmer, Aaron J. "An Extension of Power: Criminal Justice, Law Enforcement, and Elite Rule in the South Carolina Lowcountry on the Eve of the American Revolution." Journal of Early American History 1, no. 3 (2011): 241–81. http://dx.doi.org/10.1163/187707011x592273.
Full textAbstract:
AbstractSouth Carolina's highly centralized and effective criminal justice system was an important extension of elite political power throughout the colony. It served two major functions: first, it served to protect property, the ultimate source of political power for the planter and merchant classes who ruled South Carolina as it supplied wealth, social status and the opportunity to hold high office. Second, by protecting property (even though the system often focused on elite property) and upholding order, the lowcountry elite united their interests with the interests of the general population who would also benefit from protection against property crime and disorder. Since the lowcountry elite also had to control a vast number of slaves and had to rely on all of the colony's white population to do so, providing effective government could serve as an important way to cultivate popular support. This paper examines the workings of South Carolina's criminal justice system and that system's priorities. By studying patterns in prosecution and punishment, one can see that the courts successfully attended to elite priorities.
30
Grajales, Martha Lia, and Maria Lucrecia Hernández. "Chavism and Criminal Policy in Venezuela, 1999-2014." International Journal for Crime, Justice and Social Democracy 6, no. 1 (March 1, 2017): 164–85. http://dx.doi.org/10.5204/ijcjsd.v6i1.393.
Full textAbstract:
For a long time, the Venezuelan democracy was an exception in South America due to a party system that was based on what was known as the ‘Punto Fijo Pact’. At the start of the 1980s a series of economic, social and political events began to occur, which caused this ‘exceptionalism’ to stagger and disrupt the institutionality of the traditional Venezuelan democratic State. The events led to a deep national crisis and the birth of a new political era. By the end of the 1990s, there had been a significant shift towards left-wing governance. Hugo Chávez Frías subsequently won the presidential elections in 1998. This paper analyzes some aspects of the criminal policies that were implemented during the reign of left-wing leader Chávez till his death in 2013 and thereafter by Chavist party president elect, Nicolás Maduro during 2013-2014. Four stages can be identified in the behavior of incarceration rates. The first stage, from 1999 to 2000, was characterized by the lowest recordings of incarceration rates and the lowest measured percentage of preventive detention in Venezuela in thirty years. The second stage, from 2001 to 2005, saw a slight increase in the incarceration rate which then remained stable. The third stage, from 2006 to 2012, and the fourth stage, from 2013 to 2014, are characterized by sustained increases in preventive detention, incarceration and murder rates.
31
Gregory, Anthony. "Policing Jim Crow America: Enforcers’ Agency and Structural Transformations." Law and History Review 40, no. 1 (December 27, 2021): 91–122. http://dx.doi.org/10.1017/s0738248021000456.
Full textAbstract:
This is a critical historiographical essay animated by the research question of how the decisions of police and sheriffs illuminated and drove the transformation of white supremacy through different forms from emancipation to the end of Jim Crow segregation. It situates this focus amidst current methodological trends that stress structural oppression and argues that law-enforcers’ agency could illuminate discussions among historians and other scholars about the relationship between formal and informal law alongside the rise of the modern criminological state. The historical importance of enforcers is accentuated in the story told in each section—the shifting demographics of enforcement during Reconstruction; the inequalities of policing alongside lynching in the last decades of the nineteenth century; the complex interplay between policing and segregation statutes, colorblind criminal law, and mob violence in the Jim Crow South; the concurrent modernization of racialized policing nationwide; and the displacement of informal mob law and formal racial caste by a national regime of extralegal police violence, unequal patterns of incarceration and execution, and federal protections of civil liberties and civil rights.
32
Kesic, Vesna. "Truth and reconciliation: Yes, please! No, thank you!" Temida 5, no. 4 (2002): 19–21. http://dx.doi.org/10.2298/tem0204019k.
Full textAbstract:
The case of former Yugoslavia and its successors is specific and a bit different from the other post-conflict societies. First, retributive model of justice is carried out, or it should be carried out, before the International Criminal Tribunal in the Hague. The question is how to start the process of searching for the truth and reconciliation inside and between societies, groups and individuals in newly established countries. There is no such a model in the world, like these in South Africa and some countries in Latin America, which can be applied here, because in this case we are talking about five states, from which at least three were in the war. Also, the character of these conflicts covers the diapason from international conflicts to internal aggression and civil war.
33
Little, Craig B. "The Criminal Courts in "Young America": Bucks County, Pennsylvania, 1820-1860, with Some Comparisons to Massachusetts and South Carolina." Social Science History 15, no. 4 (1991): 457. http://dx.doi.org/10.2307/1171463.
Full text
34
Little, Craig B. "The Criminal Courts in “Young America”: Bucks County, Pennsylvania, 1820–1860, with Some Comparisons to Massachusetts and South Carolina." Social Science History 15, no. 4 (1991): 457–78. http://dx.doi.org/10.1017/s0145553200021246.
Full textAbstract:
Historians generally agree that crime, especially serious violence and disorder in America’s urban areas, increased during the first half of the nineteenth century, then leveled off, and eventually declined to the end of the century (Ferdinand 1978, 1980; Lane 1968,1979; Warner 1968). The need to improve institutions of control seemed apparent to many city dwellers in the early part of the century. Their responses, which remain part of our criminal justice system, included urban policing, large-scale penitentiaries, and specialized facilities, such as houses of refuge and reform schools for juvenile offenders. While the story of these urban developments has been well told previously (for example, Barnes 1927; Lane 1967; Rothman 1971; Platt 1969; Johnson 1978; Schneider 1980; Monkkonen 1981; Harring 1983), comparatively little is known about crime and control in peripheral communities, even though less than one-tenth of the American population was urban in 1820 and only one-quarter in 1860.
35
Cohen, Stanley. "State Crimes of Previous Regimes: Knowledge, Accountability, and the Policing of the Past." Law & Social Inquiry 20, no. 01 (1995): 7–50. http://dx.doi.org/10.1111/j.1747-4469.1995.tb00681.x.
Full textAbstract:
The policy of lustration is set in the context of responses to abuses of power by previous regimes. Using examples from three recent forms of social reconstruction (in Latin America, the former communist states, and South Africa), the author reviews the “justice in transition” debate. How do societies going through democratization confront the human rights violations committed by the previous regime? Five aspects of this debate are reviewed: (1) truth: establishing and confronting the knowledge of what happened in the past; (2) justice: making offenders accountable for their past violations through three possible methods: punishment through the criminal law, compensation and restitution, and mass disqualification such as lustration; (3) impunity: giving amnesty to previous offenders; (4) expiation; and (5) reconciliation and reconstruction. A concluding discussion raises the implications of the subject for the study of time and social control.
36
Kratcoski, Peter C., Mag Maximilian Edelbacher, and Dilip K. Das. "Terrorist Victimization: Prevention, Control and Recovery." International Review of Victimology 8, no. 3 (September 2001): 257–68. http://dx.doi.org/10.1177/026975800100800302.
Full textAbstract:
An Ancillary Meeting on the topic of ‘Terrorist Victimization: Prevention, Control, and Recovery’ was held at the United Nations Center in Vienna, Austria on Wednesday, April 12, 2000 in conjunction with the Tenth United Nations Congress on the Prevention of Crime and the Treatment of Offenders. The Congress focused on ‘Crime and Justice: Meeting the Challenges of the 21 st Century.’ The Ancillary Meeting was sponsored by the State University of New York, Plattsburgh, USA and chaired by Dr. Dilip K. Das, Professor in the Department of Sociology and Criminal Justice at that University. The speakers included Alex P. Schmid, Officer-in-Charge, Terrorism Prevention Branch, United Nations; George H. Millard, Sao Paulo, Brazil, Dr. Ely Karmon, Senior Research Scholar, International Policy Institute for Counter-Terrorism, Kerzlyia, Israel; and Dr. Harvey W. Kushner, Professor and Chair, Department of Criminal Justice and Security Administration, Long Island University, Brookville, New York, USA. Other presentations were made by Dr. David Rapoport, University of California, Los Angeles, California, USA; Niles Lathem, The New York Post, Washington, D.C., USA, Arvind Verma, Department of Criminal Justice, Indiana University, Bloomington, Indiana, USA, Dr. S. Subramanian, Raghavendra Nagar Shvrampally, Hyderabad, India, George Ballard, Grand Valley State University, Allendale, Michigan, USA and Boaz Ganor, International Policy Institute for Counter-Terrorism, Herzlyia, Israel. In the presentations by speakers from Europe, North America, North Africa, the Middle East, Asia and South America and in the ensuing discussions, a wide variety of issues, concerns, and prevention strategies were covered in a global framework, and also applied to situations in specific countries and continents. The papers and the sessions focused on a number of themes, including an assessment of the main contemporary trends in terrorism, the politicalization of terrorism, the effects that terrorism has on primary and secondary victims, the linkage of terrorism with organized crime, and the measures that governments, international organizations, and justice agencies can take to curtail and eradicate terrorism, including international cooperative efforts.
37
Corr, Rachel. "Shamans in the Colonial Frontier Zone: Spirit Mastery in Eighteenth-Century Coastal Ecuador." Ethnohistory 70, no. 1 (January 1, 2023): 45–64. http://dx.doi.org/10.1215/00141801-10117264.
Full textAbstract:
Abstract The aim of this article is to advance our knowledge of past shamanic practices in northwestern South America through an analysis of colonial-era criminal cases of people accused of using “superstitious” healing practices. A reading of three cases from late eighteenth-century Ecuador (the colonial Audiencia of Quito) reveals details of the techniques that these healers were using. Shamans attempted to control spirits through various means, including battles, esoteric chants, and the use of tobacco, alcohol, stones, and the fangs of predatory animals. The records indicate that on Ecuador’s coast, healers practiced a type of frontier-zone shamanism in which people of different ethnoracial and cultural backgrounds engaged in shamanic practices. The research expands existing studies of the historical exchanges of shamanic knowledge, practices, and sacred objects in colonial and modern frontier zones by contributing with a regional focus on the Pacific coast of Ecuador.
38
Temkin, Jennifer. "DIGGING THE DIRT: DISCLOSURE OF RECORDS IN SEXUAL ASSAULT CASES." Cambridge Law Journal 61, no. 1 (March 7, 2002): 126–45. http://dx.doi.org/10.1017/s0008197302001551.
Full textAbstract:
THE disclosure of confidential records such as those of doctors, counsellors, and therapists may be sought by the defence as a means of undermining the credibility of complainants in rape and sexual assault trials. It is not clear that the procedure under section 2 of the Criminal Procedure (Attendance of Witnesses) Act 1965, under which disclosure of the records of third parties may be sought, offers sufficient protection for the interests of complainants. This article discusses the weaknesses of section 2 and the implications of public interest immunity as well as Article 8 of the ECHR in this context. It also explores the different approaches taken in Canada, New South Wales and certain American jurisdictions to meet this problem. It concludes by making some suggestions for the amendment of the 1965 Act.
39
Johansson, Perry. "Resistance and Repetition: The Holocaust in the Art, Propaganda, and Political Discourse of Vietnam War Protests." Cultural History 10, no. 1 (April 2021): 111–32. http://dx.doi.org/10.3366/cult.2021.0233.
Full textAbstract:
The Western European protest movement against the American War in Vietnam stands out as something unique in contemporary history. Here finally, after all the senseless horrors of the twentieth century, reason speaks, demanding an end to Western atrocities against the poor South. But in the rosy fog of humanistic idealism and youthful revolution lies the unanswered question, why did this and not any other conflicts, before or after, render such an intense, widespread reaction? Taking Sweden as a case in point, this article employs the concepts of resistance, trauma, memory, and repetition to explore why the Vietnam movement came into being just as the buried history of the Holocaust resurfaced in a series of well-publicized trials of Nazi war criminals. It suggests that the protests of the radical young Leftists against American “imperialism” and “genocide” were informed by repressed memories of the Holocaust. The Swedish anti-war protests had unique and far-reaching consequences. The ruling Social Democratic Party, in order not to lose these younger Left wing voters to Communism, also engaged actively against the Vietnam War. And, somewhat baffling for a political party often criticized for close ties to Nazi Germany during WWII, its messaging used the same rhetoric as the Far Left, echoing Nazi anti-Semitic propaganda.
40
Burbidge, Peter. "Justice and Peace? – The Role of Law in Resolving Colombia's Civil Conflict." International Criminal Law Review 8, no. 3 (2008): 557–87. http://dx.doi.org/10.1163/157181208x308556.
Full textAbstract:
AbstractThe Colombian Parliament's Justice and Peace law of 2005, introduced by the government of President Alvaro Uribe, allows members of armed groups involved in Colombia's 40-year old conflict to re-enter civilian life by paying an alternative penalty of 5-8 years' prison, even where their crimes concern mass-murder. The process is conditional on a full confession and the proper recompense for the victims. The Law however benefits primarily the pro-state paramilitaries, as the left-wing guerrilla groups have yet to make peace, and has thus been described as a transitional justice system without the transition. This article considers the provisions of the 2005 law against the background of the Constitutional Court's 2006 decision on its validity and the requirements of international criminal law and human rights law. It considers whether it satisfies the requirements of the International Criminal Court, which has jurisdiction over Colombia's conflict but with an opt-out till 2009 for war-crimes. Will the process resolve the problem of Colombia's "impunity" – the failure to prosecute paramilitary crimes - which has been condemned by the Inter-American Court of Human Rights? In conclusion it compares the process to other transitional justice systems in South Africa and Northern Ireland.
41
Barker, Rachel, and R. Dawood. "Whistle blowing in the organization." Communicare: Journal for Communication Studies in Africa 23, no. 2 (October 24, 2022): 119–38. http://dx.doi.org/10.36615/jcsa.v23i2.1771.
Full textAbstract:
In his speech at the Anti-corruption Summit Conference in Cape Town in 1998, the deputypresident of South Africa said that the culture of entitlement, so prevalent in ourcommunity, had contributed to the ‘name it, claim it’ syndrome where individuals soughtan elusive moral justification for engaging in criminal activity and that public servantswere obliged to serve the public with integrity (Speech of the …: 1998 [O]).Although the problem of corruption can be traced back to the 1960s in America and the1980s in South Africa, the concept of whistle blowing has become an importantphenomenon in modern organizations in the last decade. Subsequently, it is clear thatthe concept of whistle blowing should be conceptualized in terms of a theoreticalframework to provide a context for the analysis thereof. The main aim of this article istherefore to conduct an exploratory study, based on a comprehensive literature review,to explore, elucidate and critically assess the current status of whistle blowing in SouthAfrica. The first section of this article explores the development and theoretical perspectiveson the concept, and proposes perspectives on whistle blowing as a communicationphenomenon. The second section deals with the current status of whistle blowing inSouth Africa in terms of legislation and ethical considerations. The last sectionoperationalizes the whistle blowing process and proposes criteria for dealing with whistleblowing in the organization.
42
Rautenbach, Christa. "Editorial." Potchefstroom Electronic Law Journal 18, no. 7 (December 27, 2015): 0. http://dx.doi.org/10.17159/1727-3781/2015/v18i7a1135.
Full textAbstract:
The last general issue of 2016 boasts 11 contributions dealing with a variety of issues. Chrizell Chürr compares some of the challenges experienced in the South African educational system with the situation in the German system to propose alternatives for South Africa. Deon Erasmus and Angus Hornigold discuss the emergence of a different kind of model of litigation in South African law, which they refer to as "court supervised institutional transformation". They also investigate the feasibility of importing something like the American special master into South African law to assist with the implementation of court sentences. Wian Erlank's first contribution re-evaluates traditional conceptualisations of property rights in space, especially against the background of objects that are deemed to be res nullius (things belonging to nobody) as well as the theory of terra nullius (land belonging to nobody). Wian Erlank's second contribution also deals with property but this time he deliberates on the relevance and meaning of virtual property in modern society. Evode Kayitana moves further abroad to the International Criminal Court (ICC) and the question of whether and to what extent foreign State officials can plead immunity when they are accused of international crimes before South African courts. Drawing an analogy with the American Bald and Golden Eagle Protection Act of 1940, Johann Knobel argues in favour of extending the legal protection afforded to rare bird species to more common species to prevent the use of the excuse that a protected species was mistaken as a common species and therefore mistakenly killed. Tumo Maloka two high court cases which dealt with the question whether a person with previous convictions could be considered a "fit and proper person" to be admitted to the roll of attorneys. Lindiwe Maqutu charts the narrative of judicial influence on the diminishing credibility of the National Prosecuting Authority, using selected cases from the past, including those involving the South African president, Jacob Zuma. Nina Mollema gives a comparative narrative of sex offender registration in South Africa, the United States and the United Kingdom and comes to the conclusion that a sex offender register would not necessarily prevent the commission of sexual offences in South Africa. Marius Olivier and Avinash Govindjee reflect on the shortcomings and deficiencies of the proposed amendments to the Unemployment Insurance Act 63 of 2001, introduced via the provisions of the Unemployment Insurance Amendment Bill of 2015. Riette du Plessis reviews the appropriateness of some of the assessment models available in Clinical Legal Education courses within a South African environment and, finally, Sarah Fick and Paul van der Merwe critique the interpretation of the "cap provision" in section 17(4)(c) of the Road Accident Fund Act 56 of 1998 in Road Accident Fund v Sweatman (162/2014) [2015] ZASCA 22 (20 March 2015).
43
Handika, Sandhy, Muhammad Ibnu Fajar Rahim, and Rudi Pradisetia Sudirdja. "Virtual Court Policy For Criminal Justice on Corona Virus Disease Pandemic." Substantive Justice International Journal of Law 3, no. 1 (May 5, 2020): 74. http://dx.doi.org/10.33096/sjijl.v3i1.67.
Full textAbstract:
The Corona Virus Disease (COVID-19) pandemic that has plagued the world has changed the mindset, how to behave and how to act, not only in social interaction but also has influenced the law enforcement system. Development in Information Technology (IT) has found a teleconference system as a means of conducting virtual courts as a reaction to social or physical distancing movements which is one way to prevent the spread of COVID-19. Although in practice the use of a virtual court in a trial is considered capable of preventing the spread of viruses, the use of a virtual court must keep be based on applicable laws and regulations. This paper is a normative legal research with legislation approach, case approach, comparative legal approach, and conceptual approach to legal material collected through literature study and then analyzed using grammatical, systematic, and extensive interpretation methods. Based on the results of the study, several countries such as the United Kingdom, China, Australia (New South Wales) and America (New York) and Indonesia (although limited to the examination of witnesses) have applied virtual courts in the justice system. Implementation of the trial using the virtual court method by teleconference did not violate the provisions of the trial set out in the Criminal Procedure Code (KUHAP). According to the Draft Law KUHAP has accommodated the trial using the virtual court method as an embodiment of legal principles in the judiciary that is carried out quickly, simply, and at a low cost. The use of virtual court is not the first or primary choice in examining criminal cases in Indonesia, in abnormal emergency conditions due to the COVID-19 pandemic as it is today, an examination by the virtual court method is a solution so that the criminal justice system continues to run without reducing the efforts to prevent the spread of the virus. Trials using virtual court facilities continue to accommodate the human rights of victims, witnesses and defendants through their virtual presence so that a fair trial continues in the courtroom.
44
Zanatta-Coutinho, Raquel, and Andréa Branco-Simão. "Abortion in the times of Zika: the perspective of women in two Brazilian municipalities." Papeles de Población 27, no. 109 (December 31, 2021): 33–57. http://dx.doi.org/10.22185/24487147.2021.109.21.
Full textAbstract:
In Brazil, abortion is considered a crime under the Criminal Code since 1940. After the Zika virus epidemic (2015-2017) and the consequent appearance of microcephaly in newborns struck South America, the debate on the decriminalization of abortion in the Brazilian society was reignited. Using data obtained from focus groups comprising women of reproductive age across different socioeconomic strata and two Brazilian cities, we investigated the perceptions of the participants on abortion, especially its use during the Zika epidemic. Although legally criminalized, abortion is prevalent among women, as a way to fulfill their reproductive desire. Criminalization puts the health and lives of women at risk, particularly those with less economic and cultural capital. We also discover the role of friends in women’s decision to utilize the procedure. The strong asym-metry of power between men and women contributes to the greater vulnerability of women. The results suggest an urgent need to review the legislation on abortion concerning its criminalization and the option of safer abortion within the scope of the public health service.
45
Guerreiro, Ketiane. "Crime and Armed Groups in the International and Legal Amazon." Academic and Applied Research in Military and Public Management Science 20, Special Edition (2021): 111–19. http://dx.doi.org/10.32565/aarms.2021.2.ksz.8.
Full textAbstract:
Transnational illicit activities, in addition to the unbridled greed for mineral resources, strongly impact Amazonian territories extending from the Orinoco Mining Arc in Venezuela to northern Brazil, aggravating problems of environmental impacts and border security, due to groups of the armed forces that protect mineral explorers. In Venezuela, megabandas joined the political elite that controls gold mining, as well as members of the Colombian Armed Forces (FARC) and armed military groups representing institutionalised violence, placing Venezuela in second place for murder among South American countries in 2020, with a rate of 45.6 per 100,000 inhabitants. In turn, Brazil reached ninth place, with 19.3 per 100,000 inhabitants. Violent deaths in the North and Northeast regions increased up to a great extent due to clashes between the Red Command and Northern Family factions against the largest group, the First Command of the Capital (PCC), which has more and more Venezuelan members, modifying the criminal modus operandi on the Brazil–Venezuela border. Therefore, Security and Border Defence Plans are indispensable.
46
Lawrence, Ruth, and Karen Freeman. "Design and Implementation of Australia's First Drug Court." Australian & New Zealand Journal of Criminology 35, no. 1 (April 2002): 63–78. http://dx.doi.org/10.1375/acri.35.1.63.
Full textAbstract:
In 1999 the New South Wales government implemented an evaluated trial of the first drug court in Australia. This paper outlines the initial design and legislative framework of the Court, and the Court's operation over the first six months. For the benefit of policymakers and researchers, challenges that arose in the initial implementation and evaluation process are outlined. Although the Court is based on a North American model, some aspects of the court proved a challenge in the Australian context (such as the development of rewards and sanctions). Difficulties in implementation are outlined, including differences in orientation of a health and welfare perspective compared to a criminal justice perspective and the importance of adequate IT resources for evaluation purposes and for a ‘paperless’ court. In outlining these challenges this article concentrates on the initial implementation phase of a new policy initiative. Long-term evaluation of the project will determine the true success of the Court.
47
Ciric, Jovan. "Hate crimes: American and Balkan experience." Temida 14, no. 4 (2011): 21–36. http://dx.doi.org/10.2298/tem1104021c.
Full textAbstract:
In the nineties of the last century it was noticed in the U.S.A. that suddenly the number of crimes with violence in the inter-racial and inter-ethnical conflicts rose. Also the phenomenon of ignition of churches, religious and sacral objects, especially in the south of the U.S.A., objects which were used by black people, was recorded. Directly in relation to that - the term ?hate crimes? then arose in science and became outspread very quickly, primarily in criminology. Several events, and above all the murder of a young homosexual in Wyoming influenced for both the violence and the crimes commited towards the homosexuals and all due to the prejudices towards this sexual minority to be included in this term. Today, this term is used not only in the U.S.A. and not only in a criminological sense, but also in a purely legal sense to denote the crimes which were carried out under the influence of hate towards a correspondent racial, ethnical or sexual minority. This term is linked also to the terminology and thus the problems which are related to the ?hate speech?. The author of this paper writes about how this term arose in the first place and which problems emerge related to hate crimes and primarily in relation to the issues of expansion of democracy and tolerance, and also education, primarily among the police force and the young population. The author also ascertains that only with the law, no great effects in the battle against this phenomenon can be achieved and that before the criminal-legal intervention some other measures have to be approached, like the creation of an atmosphere of tolerance and the education of the citizens about the phenomenon of hate crimes.
48
Herbert, Eti Best, and Fasilat Abimbola Olalere. "What Is Economic Globalization Without Trans-boundary Migration?" Global Trade and Customs Journal 15, Issue 10 (September 1, 2020): 493–503. http://dx.doi.org/10.54648/gtcj2020088.
Full textAbstract:
The world is often regarded as a global village or borderless globe where various countries freely interconnect and interrelate towards achieving a global goal. Globalization has occasioned international cooperation amongst States through the formation of several treaties and international organizations with economic objectives. This article evaluates the law and attitude of States and International organizations towards economically motivated trans-boundary migration. Particular reference is made to World Trade Organization(WTO), European Union(EU), African Union (AU), Economic Community of West African States (ECOWAS) and North American Free Trade Association(NAFTA). Findings reveal that the legal and institutional frameworks in support of trans-boundary economic migration are very weak, thereby allowing States’ interest to prevail over the globalization objectives. State practices are geared towards placement of several obstacles, such as imposing criminal sanctions, which limits trans-boundary economic migration. This prejudice is more obvious when the trade in service is a South-North movement of labour. These challenges have led to the irresistible conclusion that economic globalization is but a political fiction yet to take root in reality. It is further contended that, the puzzle of economic globalization cannot be completely fixed, except States fully embrace, accepte and liberalize the missing piece of trans-boundary migration. Globalization, Trans-boundary migration, Economic migration, South-North movement, Trade liberalization.
49
Mako, Shamiran. "Cultural Genocide and Key International Instruments: Framing the Indigenous Experience." International Journal on Minority and Group Rights 19, no. 2 (2012): 175–94. http://dx.doi.org/10.1163/157181112x639078.
Full textAbstract:
Since its introduction by Raphael Lemkin during the Second World War, cultural genocide has served as a conceptual framework for the non-physical destruction of a group. Following a vigorous debate over the legitimacy of the concept by states fearing prosecution for ethnocidal acts, namely Australia, the United States, Sweden and Canada, cultural genocide/ethnocide was abrogated from the 1948 Genocide Convention. This pivotal move has shifted the frame of analysis and has sparked a contentious debate about the distinguishing elements of the physical destruction of a people and their cultural dissipation. The achievements of the indigenous peoples’ movement throughout the 1980s reignited the debate surrounding cultural genocide within the international arena. This article is both a survey of cultural genocide of indigenous populations of North America, South America and Australia, as well as the role of indigenous social movements within the international arena. It analyzes the development of cultural genocide within international law by Raphael Lemkin, its subsequent debate by the United Nations’ Ad Hoc Committee on Genocide, its omission from the Genocide Convention, and its reintroduction by indigenous peoples’ mobilization to the international arena. The Declaration on the Rights of Indigenous Peoples, the Indigenous Peoples Rights Act (Philippines), the International Covenant on Economic, Social, and Cultural Rights, the various findings of the International Criminal Tribunal for the former Yugoslavia relating to cultural genocide, the conference findings of the Organization for Security and Co-operation in Europe relating to minorities, along with Lemkin’s original reference to the term will be used as frameworks for illuminating the extent and gravity of such crimes.
50
Devereaux, Simon. "Irish Convict Transportation and the Reach of the State in Late Hanoverian Britain." Journal of the Canadian Historical Association 8, no. 1 (February 9, 2006): 61–85. http://dx.doi.org/10.7202/031117ar.
Full textAbstract:
Abstract The difficulties encountered by English authorities in resuming the regular and effective transportation of convicts overseas between the loss of the original American destination in 1775 and the opening of a penal settlement in New South Wales in 1787 are well known to historians of criminal justice. Far less so is the contemporaneous convict crisis in Ireland. This article considers the practice of convict transportation from Ireland throughout the eighteenth century. In particular, it examines a series of three dramatic incidents of the late 1780s in which Irish convicts were unscrupulously (though not illegally) abandoned in Cape Breton, Newfoundland and the Leeward Islands. It argues, first, that such practices were not entirely surprising given the great difficulties that had often been experienced in transporting convicts from Ireland even before 1775. It goes on to suggest that the subsequent decision of authorities in London to assume a directive role in the transportation of Irish convicts was informed by changing perceptions of the British state in both its national and imperial dimensions.