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Journal articles on the topic 'Famous criminal'
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1
Ivlampie, Ivan. "FAMOUS CRIMINAL PHRASES: LIBERTÉ, ÉGALITÉ, FRATERNITÉ." International Multidisciplinary Scientific Conference on the Dialogue between Sciences & Arts, Religion & Education 2, no. 2 (2018): 143–48. http://dx.doi.org/10.26520/mcdsare.2018.2.143-148.
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Ivlampie, Ivan. "FAMOUS CRIMINAL PHRASES: LIMPIEZA DE SANGRE." International Multidisciplinary Scientific Conference on the Dialogue between Sciences & Arts, Religion & Education 3, no. 1 (2019): 64–68. http://dx.doi.org/10.26520/mcdsare.2019.3.64-68.
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Karstedt, Susanne. "“I Would Prefer to Be Famous”." International Criminal Justice Review 28, no. 4 (2018): 372–90. http://dx.doi.org/10.1177/1057567718766404.
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The reentry of sentenced perpetrators of atrocity crimes is part and parcel of the pursuit of international and transitional justice. As men and women sentenced for war crimes, crimes against humanity and genocide by the International Criminal Tribunal for the former Yugoslavia (ICTY) and the other tribunals return from prisons into society and communities questions arise as to the impact their reentry has on deeply divided postconflict societies, in particular on victim groups. Contemporary international tribunals and courts mostly do not have penal or correctional policies of their own, and the legacy of early release, commuting of sentences and amnesties that Nuremberg and other post-World War II tribunals have left, is a particularly problematic one. Germany’s historical experience provides an analytic blueprint for understanding in which ways contemporary perpetrators return into changed and still fragile societies. This comparative analysis between Nuremberg and the ICTY is based on two data sets including information on returning war criminals sentenced in both tribunals. The comparative analysis focuses on four themes: politics of reentry, admission of guilt and justification, memoirs, and political activism.
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Durney, Mark. "Reevaluating Art Crime's Famous Figures." International Journal of Cultural Property 20, no. 2 (2013): 221–32. http://dx.doi.org/10.1017/s0940739113000027.
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AbstractThis article seeks to demonstrate that the figures used to describe the size and scope of cultural property crimes—that it is a $6 billion illicit industry and that it ranks among the third or fourth largest criminal enterprise annually—are without statistical merit. It underscores the ambiguities inherent in the figures and uses the 2003 theft of the Duke of Buccleuch's painting by Leonardo da Vinci, Madonna of the Yarnwinder, to illustrate the difficulties related to establishing monetary estimates for cultural property crimes. It calls for a more empirical approach to measuring the magnitude of the problem on the part of cultural property crime experts. Finally, it examines the reporting methods of the world's largest cultural property crimes law enforcement agency, the Comando Carabinieri per la Tutela del Patrimonio Culturale, in order to provide a model for others to follow in the effort to communicate the severity of the problem and to increase its financial, social, and political support.
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Erlihson, Irina M. "Daniel Defoe and Criminal Biography Establishment in the 18th Century (“The True and Genuine Account of the Life and Actions of the Late Jonathan Wild, not Made up of Fiction and Fable, but Taken from his Own Mouth, and Collected from Papers of his Own Writing”, 1725)." Izvestiya of Saratov University. New Series. Series: History. International Relations 20, no. 4 (2020): 526–34. http://dx.doi.org/10.18500/1819-4907-2020-20-4-526-534.
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The author investigates the problem of a criminal biography establishment as a form of event history interpretation. On the example of the famous London criminal Jonathan Wilde’s biography by D. Defoe we show how a real historical character life was being transformed into a myth that gained independent life in the collective consciousness and reflected in different spheres of artistic culture over the next centuries. Throughout the paper the writer structures the facts, leading the reader to the logical conclusion about the hero’s tragic fate. This text began to serve as a resource for subsequent discourses and representations of Wild’s image, who firmly entered the archive of London criminal mythology.
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Fedorov, Aleksandr V. "Scientific School of Professor Sergey Vasilievich Dyakov: in Memory of the Teacher." Drug control 3 (November 3, 2016): 45–48. http://dx.doi.org/10.18572/2072-4160-2016-1-45-48.
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The article is dedicated to the memory of the famous scientist, Professor Sergey Vasilyevich Dyakov, who was for many years the member of the Editorial Board of the magazine «Narkokontrol». It reports on the Scientific School of S.V. Dyakov, based on an integrated study of the criminal-legal and criminological positions of crimes against constitutional order and internal security of the State; on Sergey Vasilyevich and his life’s journey, and contains the information about his primary publications concerning criminal law and criminology.
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Fedorov, Aleksandr V. "Scientific School of Professor Sergey Vasilievich Dyakov: in Memory of the Teacher." Drug control 3 (November 3, 2016): 45–48. http://dx.doi.org/10.18572/2072-4160-2016-3-45-48.
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The article is dedicated to the memory of the famous scientist, Professor Sergey Vasilyevich Dyakov, who was for many years the member of the Editorial Board of the magazine «Narkokontrol». It reports on the Scientific School of S.V. Dyakov, based on an integrated study of the criminal-legal and criminological positions of crimes against constitutional order and internal security of the State; on Sergey Vasilyevich and his life’s journey, and contains the information about his primary publications concerning criminal law and criminology.
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Renneville, Marc. "L’anthropologie du criminel en France." Criminologie 27, no. 2 (2005): 185–209. http://dx.doi.org/10.7202/017360ar.
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This article examines the birth and growth of criminal anthropology in France. French physicians and anthropologists took an interest in criminals and theorized their behaviors before the famous Italian positivist school. French theorizing in this area developped in the early beginnning of the XIXth century with the concept of Esquirol's "monomanie homicide" and phrenology, the later gaining wide acceptance under the July Monarchy. Paul Rroca, leader of anthropology in France, was interested incidentally in the pathology of crime but it is Lombroso's Uomo delin-quente, which through the reactions it provoked, led to the development of this type of studies in France. In opposition to Lombroso, the forensic physician Lacassagne created in Lyon in 1885 a review of criminal anthropology which will continue to appear until 1915. His school of "Milieu social", took a very different viewpoint from Durkheimian sociology. In fact, Lacassagne wasn't so far from Lombroso than he said, and his approach was also in a medical frame. Morel's theory of degeneration deserves mention for the importance it gained at the end of the century with Magnan, a psychiatrist who "regenerated" the concept of "monomanie homicide" in an "impulsion morbide". This presentation of the most important trends of criminal anthropology in France distinguishes two uses of the terms "criminal anthropology" and "criminology" in the past and today. An attempt is also made to unterstand how the medicalization of deviance was possible and it's historical conditions of emergence.
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Zinatullin, T. Z. "THE BASIC ISSUE OF A CRIMINAL CASE: CONTENT, RESOLUTION." Bulletin of Udmurt University. Series Economics and Law 29, no. 4 (2019): 495–500. http://dx.doi.org/10.35634/2412-9593-2019-29-4-495-500.
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Sharing the opinion of Academician V.N. Kudryavtsev and the famous criminologist Professor V.V. Luneev that crime is an inevitable product of society, which modern human society can only keep at a socially tolerable level, the author of the article proceeds from the fact that such retention requires the presence of certain socio-economic means. Based on the analysis of legal doctrine, criminal and criminal-procedural legislation and law enforcement practice, it is concluded that the essence of the resolution of a criminal case is only the accusation formulated in the case for its substantive content. Such permission is possible only in cases in which the investigation was carried out in the form of a preliminary investigation, as well as in the context of the implementation of the criminal procedure function of administering justice in the courts of first, appeal, cassation and supervisory instances.
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Maloku, Ahmet. "Theory of Differential Association." Academic Journal of Interdisciplinary Studies 9, no. 1 (2020): 170. http://dx.doi.org/10.36941/ajis-2020-0015.
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In the broad spectrum of criminological theories on the causes of deviant behavior, sociological theories of criminality involve particular importance. These theories, the causes of such behaviors are only seen in the conditions and social interactions of the individual in their environment. However, with scientific explanations about the causes of criminal behavior, special place has the theory who gives a special importance to the delinquent's interaction with its environment. This is known as theory of various associations or more commonly known as the theory of differential association. The creator of this theory is the famous American sociologist and criminologist Edwin Sutherland, who has left indelible imprints on the relatively short but very important tradition of American criminological theories of criminality. The famous creator's lessons have been taken and modified by many prominent criminologists in their reviews of criminal etiology. As a result this lesson has also been the basis for numerous subsequent empirical research on criminal behavior. In this paper, using the comparative, theoretical, and meta-analysis methods, will be presented the views of some criminology authors and their interpretation of Sutherland's lessons on differential association. Due to this, a brief section of some empirical studies of delinquent behaviors based on E. Sutherland's lessons will be presented, and also the final discussion on these issues will be discussed.
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Dvoretskiy, Mikhail. "Crime prevention through criminal liability of legal entities: problems of theory and law enforcement practice." Current Issues of the State and Law, no. 14 (2020): 216–24. http://dx.doi.org/10.20310/2587-9340-2020-4-14-216-224.
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We investigate the possibility of introducing criminal liability of legal entities in the Criminal Code of the Russian Federation. We analyze the provisions of regulatory enactment providing for this substantial reform. We consider initiatives and projects proposed by public authorities to amend and supplement domestic legislation. We examine the positions of reputable ex-perts, famous scientists and high-demand practitioners, who express opposite opinions on the initiated correlations and participating in the discussion. We analyze the provisions of the conventions of international organizations pro-viding for the introduction of criminal liability of legal entities in the legisla-tion of member states, due to involvement in corruption crimes, if bribery of foreign officials and corporate corruption were used. The work discusses the provisions of the bill of 2015 finalized by the Investigative Committee of Russia on the introduction of criminal liability for legal entities for the com-mission of crimes contained in the current thirty eight articles of the Criminal Code of the Russian Federation, to which Russian, as well as a number of foreign companies and international organizations represented and separate units. We draw conclusions and make suggestions for further improvement of the Criminal code of the Russian Federation.
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Wzorek, Anna. "Olga Tokarczuk’s Game with the Rules of Criminal Novels: The Case of “Plough Through the Bones of the Dead”." Respectus Philologicus 24, no. 29 (2013): 98–107. http://dx.doi.org/10.15388/respectus.2013.24.29.8.
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This article presents the game Olga Tokarczuk plays with criminal narration as based on her novel, Plough Through the Bones of the Dead (2009). The main problem is that this famous writer, recipient of numerous prestigious awards, here disregards a series of “iron” rules that have guided detective novels for ages to write a pastiche of a criminal novel. The analysis reveals that Tokarczuk retreats from common frameworks of criminal novels, only making a delicate reference to the problem of an “island.” The writer also discards the rule that a murder has to be the starting point for the criminal plot. She not only delays the moment of introduction of the criminal motive, but also, contrary to the abovementioned “iron” rules, avoids presenting the prerequisites necessary to unmask the criminal. She is far more interested in the daily life of the protagonist/narrator than in the circumstances surrounding the four murders. In the world created by Tokarczuk, there is no detective who conducts an investigation. At the end of this quasi-criminal novel, the very perpetrator discloses the secret of the mysterious deaths. Tokarczuk’s rather free attitude toward the rules of the criminal novel is also manifested in her choice to leave the murderer unpunished. Moreover, the author introduces an improbable method of crime. In Plough Through the Bones of the Dead—a title which also provides proof that this is a pastiche of a criminal novel—one will not find any references to classical criminal novels, but quotations from William Blake’s mystic poetry.
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Luban, David. "Hannah Arendt as a Theorist of International Criminal Law." International Criminal Law Review 11, no. 3 (2011): 621–41. http://dx.doi.org/10.1163/157181211x576465.
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AbstractThe guilt of Nazi war criminal, Adolf Eichmann, has long been settled. However, during the trial and for years after, Hannah Arendt questioned the legal theories upon which the Jerusalem court relied. Part 1 of this article discusses how Arendt was uncertain about the use of precedent to judge unprecedented acts. Part 2 concerns the logic of proving Eichmann's culpable mental state when he came from a culture where morality had been turned on its head. Part 3 reveals Arendt's struggle with the rationale for universal jurisdiction as well as her unconventional understanding of 'territory'. Part 4 deals with Arendt's views on group affiliation and how those views informed her definition of 'genocide'. Finally, Part 5 details Arendt's most famous writings on "the banality of evil" and how Eichmann was found guilty, not for succumbing to immoral temptation or being a depraved deviant, but instead for conscientiously observing the flawed mores of the Third Reich. While Arendt ultimately supported Eichmann's conviction, her concerns surrounding the trial raise questions that are still relevant today.
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Lutskyi, Andrii, Myroslav Lutskyi, and Boris Kindyuk. "The Contribution of Prof. M.N. Gernet to the Development of Legal Science." Russian Journal of Criminology 13, no. 3 (2019): 519–29. http://dx.doi.org/10.17150/2500-4255.2019.13(3).519-529.
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The paper presents the biography and systematizes the research of a well-known Russian scholar Prof. M.N. Gernet. The authors single out different spheres of his work: 1) the theory and history of criminal law, including the theory of crime as a social phenomenon, the qualification of criminals and crimes, the concept of criminal law, types of punishment used in different countries as well as social security measures in the form of the penitentiary system, organization of inmates’ labor, their re-socialization; 2) criminal law sociology, including the research of the dependence of the number of crimes on the economic conditions, such as the average salary, housing utility payments, size of dwelling, price of bread and other basic necessities; 3) criminal law statistics whose methods M.N. Gernet actively used, such as survey, questionnaires, observation, experiment, ranging (structuring); thanks to the crime and criminal personality research offices that he organized in different cities of the Soviet Union it was possible to collect data and to systematize it by the causes of crime, types of crimes, personal characteristics of some criminals (gender, age, education, marital status); 4) problems of juvenile delinquency analyzed by scholars using data on age groups of delinquents, which allowed to show the positive effect of the reduction of punishment depending on age, the hearing of cases by the Commission on Minors’ Affairs and a wide use of medical and pedagogical measures; 5) the history of using capital punishment, including a historical overview of using this type of punishment, which gave the scholar an opportunity to show that this measure does not affect the total number of crimes and has a negative impact on the psychological atmosphere in the society manifested through an increased number of civil disobediences and violent crimes; 6) crimes of Hitler’s army against humanity, which M.N. Gernet studied by collecting data on the number of war crimes against civilians, prisoners of war, hostages, analysis of mass shootings and the destruction of cities, villages, cultural monuments and other valuable objects; 7) biographies of legal scholars, including the information that M.N. Gernet collected on the work and contributions to the legal science of such famous lawyers as A.F. Konin, N.S. Tagantsev, V.K. Sluchevsky, I.Ya. Foinitsky, P.I. Lyublinsky, paying special attention to the monographs and textbooks that they wrote.
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Konovalchuk, M. V. "JUSTICE IN CRIMINAL LAW: MATERIAL OR IDEAL CATEGORY?" Juridical Journal of Samara University 6, no. 4 (2020): 43–46. http://dx.doi.org/10.18287/2542-047x-2020-6-4-43-46.
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The article examines the criminal law principle of justice from the point of view of traditional philosophical thought, which assumes the division of the world into an ideal and material substance. As an example of the ideal substance of justice, the author suggests considering the moral world order, a particular manifestation of which should ideally be the constitutional system of a particular state. The material substance of justice, in the author's opinion, should be clearly refl ected in the norms of the criminal law. As a theoretical premise of the stated approach, the assumption is put forward that a person as a personal Creator and performer of law, passing through the idea of justice as a fundamental socio-philosophical, political and legal phenomenon, formulates the criminal law principle of justice. This approach plays an important methodological role in overcoming one-sided trends in the consideration of its nature and assumes its construction on the basis of a two-level structure that includes legislative and law enforcement elements. On the basis of the position put forward by the famous philosopher Thomas Aquinas on the requirements imposed on the law, analyzes the judicial practice and norms of the current criminal law for its compliance with the principle of justice. The thesis that its effective implementation is an indicator of the quality of the criminal law is substantiated.
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Smith, Bruce P. "The Presumption of Guilt and the English Law of Theft, 1750–1850." Law and History Review 23, no. 1 (2005): 133–71. http://dx.doi.org/10.1017/s0738248000000079.
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When it is said that a defendant to a criminal charge is presumed to be innocent, what is really meant is that the burden of proving his guilt is upon the prosecution. This golden thread…runs through the web of the English criminal law. Unhappily Parliament regards the principle with indifference—one might almost say with contempt. The statute book contains many offences in which the burden of proving his innocence is cast on the accused.No principle in Anglo-American criminal law is more vaunted than the so-called “presumption of innocence”: the doctrine that the prosecution must bothproduceevidence of guilt andpersuadethe fact-finder “beyond a reasonable doubt.” The claim that “every man is presumed to be innocent until he is proved guilty” has been described as “dear to the hearts of Englishmen” and as an omnipresent feature of English criminal law. In 1895, the United States Supreme Court declared the “presumption of innocence in favor of the accused” to be “the undoubted law, axiomatic and elementary”—a protection that “lies at the foundation of the administration of our criminal law.” Befitting its lofty stature in Anglo-American legal culture, the presumption has become associated, over time, with that most famous of Blackstonean maxims: “[I]t is better that ten guilty persons escape, than that one innocent suffer.”
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Garofalo, Luigi. "POJĘCIA I ŻYWOTNOŚĆ RZYMSKIEGO PRAWA KARNEGO." Zeszyty Prawnicze 3, no. 1 (2017): 7. http://dx.doi.org/10.21697/zp.2003.3.1.01.
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THE NOTIONS AND VITALITY OF THE ROMAN CRIMINAL LAWSummary In the recent studies one tends to revaluate the influence of the Roman criminal law on the later penal doctrine, as well as the achievements of the Roman criminal law itself, rejecting the previous theories presenting it as significantly inferior. It is noticed in this study that the medieval jurists idolized the Roman law, adopted it to the new circumstances, and obviously made mistakes interpreting it. And thus the influence of the Roman jurisprudence on the penal doctrine of the ius commune Europe was thoroughly substantial. Notwithstanding the popular opinion also many of the Enlightenment jurists (as, for instance, Gaetano Filangieri and Francesco Mario Pagano) not only knew but also benefited from the Roman criminal law legacy. The doctrine of crime of the successive period was less inspired by the Roman criminal law, which however did not totally lose its significance. It still had some indirect influence, as the nineteenth century codifiers did not stop using the notions of criminal law shaped-up by the mediaeval jurists overwhelmingly impressed by the Roman law.The main part of the study presents a brief overview of the Roman criminal law, especially of the principal rules constituting today the general part of criminal law, principles which could be directly or indirectly found in the experience of the Roman prudentes. It is pointed out that the only Roman lawyer who tried classifying Roman criminal law was Claudius Saturninus (D. 48,19,16). His classification is later discussed in the article as well as some of the crimina (public law crimes), observing that the Romans never separated the Roman criminal law from ius. On this occasion it is underlined that one of the rules often ascribed to the Romans, nullum crimen, nulla poena sine praevia lege poenali, not only was not their own invention but it was clearly contrary to the criminal law practice in their times (the principle itself being probably formulated only by a German lawyer, Feuerbach). The Romans tried describing the subjective and objective element of the crime as well as presenting various defences available to the culprits (e.g., age, necessity, self-defence, mistake, etc).In the last part o f the paper the possible influence of the Roman criminal law constructions on the Middle Ages is pondered over. The often wrong interpretations of the ancient sources led to some embarrassment and paradoxes. This explains Baldus’ famous statement allowing the judge to construe the (Roman) statute according to the principles of the ius commune, which would in turn revive the statute and save it from an inevitable decay. The mediaeval lawyers studied and analysed the figures of deliberate misconduct and unintentional negligence (anyway without further effects in clarifying vague issue o f the subjective element of the crime). Some of the defences, like the most important figure of self-defence, known and elaborated in the Roman law came to the teachings and studies of the doctores in their original shape and significance, sometimes even stimulating further development of the penal doctrine. The mediaeval ius commune jurists adopted Roman considerations applying different responsibility regarding the doer’s age as well as Roman systématisations of the crimes subordinated to various legal principles. And therefore the doctores, following the Roman example, drew a line between public and private crimes, these which were officially prosecuted and those which were brought to court on a basis of a private motion. The jurists distinguished between lay-public and ecclesiastical crimes, between ordinary and peculiar offences, dishonourable and regular wrong-doings. Similarly the mediaeval lawyers took over the Roman considerations about attempt and iter criminis as well as concurrence of crimes and offenders.In conclusion the paper, wishing for a future development of the studies on the subject, summarises that the theoretical solutions and considerations in the Roman criminal law wrought out above by the classical jurisprudence outlived their times and became the source of the doctrinal inspirations in the coming centuries.
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Canales, Jimena, and Andrew Herscher. "Criminal Skins: Tattoos and Modern Architecture in the Work of Adolf Loos." Architectural History 48 (2005): 235–56. http://dx.doi.org/10.1017/s0066622x00003798.
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Adolf Loos’s famous essay, ‘Ornament and Crime’, decisively linked unornamented architecture with the culture of modernity and, in so doing, became one of the key formulations of modern architecture. To a great extent, the essay’s force comes from arguments drawn from nineteenth-century criminal anthropology. Nevertheless, Loos’s work has been consistently understood only within the context of the inter-war avant- gardes. In the 1920s, Le Corbusier was particularly enthusiastic in bringing Loos’s work to the fore, thereby establishing its future reception. ‘Ornament and Crime’ became an essential catalyst for architecture’s conversion away from the historicism of the nineteenth century to modernism. At the turn of the century, Loos’s essay already foreshadowed the white abstraction of ‘less is more’ architecture and the functionalist rigour of the International Style which would dominate the twentieth century.
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Rossinsky, S. B. "Forensic Expertise as a Special Method of Proving in Predictional Proceedings in Criminal Case." Siberian Law Herald 4, no. 91 (2020): 100–107. http://dx.doi.org/10.26516/2071-8136.2020.4.100.
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With this article, the author continues the cycle of his publications devoted to the problems of proof in pre-trial proceedings in a criminal case. The article considers one of the most controversial procedural methods of establishing the circumstances that are important for a criminal case - forensic examination. The most common methods of collecting evidence in pre-trial proceedings are compared: forensic examination and investigative actions. Its essential features are consistently identified and analyzed, which predetermine its special character and special place in the general system of cognitive techniques that are in the arsenal of the preliminary investigation bodies. As such signs stand out: a) the need to use special knowledge; b) mandatory involvement of an expert as a special participant in criminal procedural relations; c) the need for research and the formulation of expert conclusions; d) complicated criminal procedure form; e) formation of a special means of criminal procedural proof - an expert opinion. Separately, attention is drawn to the rather serious procedural capabilities of an expert, which resemble not so much the rights of participants in criminal proceedings provided for in Ch. 8 of the Criminal Procedure Code of the Russian Federation, how many jurisdictional powers of the preliminary investigation bodies and the court It has been suggested that the opportunity given to the expert to assess the actual soundness of the objects of research and their aggregate sufficiency for formulating certain conclusions, likens him to a kind of scientific judge, that is, the role that the famous German scientist K. Mittermeier predicted more than 150 years ago ... The forensic examination is defined as a very original, to a certain extent even a unique procedural technology aimed at establishing (proving) the circumstances that are important for a criminal case.
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Ognerubov, Nikolai A. "International legal framework for the criminal legal protection of the embryo." Current Issues of the State and Law, no. 18 (2021): 296–308. http://dx.doi.org/10.20310/2587-9340-2021-5-18-296-308.
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In connection with the active development and use of assisted reproductive technologies, protection of the human embryo and its legal status issue is currently being actualized. We make an attempt to reveal and explain some of the international aspects of the criminal law protection of the life and rights of the embryo. We consider the concept of “embryo” not only from the point of view of various scientific approaches (medicine, biology, embryology, jurisprudence), but also from the legislative side. We present and analyze the first mention of the embryo in Roman private law in connection with modern domestic law. We carry out an analysis of international legal acts that provide protection of embryos both “in vitro” and “in vivo”, followed by consideration of specific criminal law norms of foreign countries, namely Brazil and Colombia. We pay attention to some of the most famous cases from the jurisprudence of the European Court of Human Rights in order to understand the applied international legal acts “de facto”. The study also takes into account modern domestic legislation and considers point “g” of part 2 of Article 105 of the Criminal Code of the Russian Federation.
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Smith, Patricia. "FEINBERG AND THE FAILURE TO ACT." Legal Theory 11, no. 3 (2005): 237–50. http://dx.doi.org/10.1017/s1352325205050123.
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In Chapter 4 of his famous work, Harm to Others, Joel Feinberg, with characteristic clarity and insight, outlined the major problems associated with analyzing the foundations of responsibility for the failure to act. In that chapter he made a number of controversial claims supported by arguments that have generated debate ever since he made them in 1984. His analysis led him to conclude that liability (or responsibility) for the failure to act falls within the moral limits of the criminal law in cases in which a random bystander could easily rescue a seriously imperiled stranger.
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Borzunova, N. Yu, K. L. Maksimova, and A. M. Tsechoev. "The Principle of Presumption of Innocence in Criminal Proceedings and Problems of Its Implementation." Sociology and Law, no. 4 (December 31, 2020): 86–91. http://dx.doi.org/10.35854/2219-6242-2020-4-86-91.
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The article deals with the specific features of the presumption of innocence principle and the problems of its implementation in Russia and the United States of America, as well as theoretical issues of this concept. The materials of practice reflecting violations of the principle of presumption of innocence are presented, and various opinions of legal scholars on the implementation of the principle of presumption of innocence are given. Examples from practice are analyzed, including cases that have a high public profile: the criminal case against two football players Pavel Mamaev and Alexander Kokorin, the decision of the Strasbourg European Court of human rights in the case “Fedorenko V. Russia” and the criminal case of the famous American producer Harvey Weinstein. The article analyzes the “plea bargain” that is used in the United States of America. The problems of implementing the principle of presumption of innocence and ways to solve them are outlined.
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Spaulding, Rebekah. "In the Wake of Rubin “Hurricane” Carter: The Plight of John Artis." New Jersey Studies: An Interdisciplinary Journal 2, no. 2 (2016): 61. http://dx.doi.org/10.14713/njs.v2i2.48.
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<p class="BodyA">In the summer of 1966 in Paterson, New Jersey, Rubin “Hurricane” Carter and John Artis were arrested on suspicion of triple homicide. Tried and convicted the following year, Carter and Artis would spend almost twenty years in jail, despite evidence of witness tampering and police malfeasance. During and after their incarceration, Carter received an abundance of public support due to his famous boxing career, while Artis often went unnoticed as a secondary character by the media. By examining the details surrounding Carter and Artis’s wrongful imprisonment, it is clear to see the institutional racism and systematic criminalization of African Americans, as well as the impact of notoriety in criminal justice. While this case is undoubtedly a gross miscarriage of justice, it is the forgotten story of John Artis that shows the flaws of the criminal justice system and how society is told to remember its history.</p>
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Borzunova, N. Yu, K. L. Maksimova, and A. M. Tsechoev. "The Principle of Presumption of Innocence in Criminal Proceedings and Problems of Its Implementation." Sociology and Law, no. 4 (December 31, 2020): 86–91. http://dx.doi.org/10.35854/2219-6242-2020-4-86-91.
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The article deals with the specific features of the presumption of innocence principle and the problems of its implementation in Russia and the United States of America, as well as theoretical issues of this concept. The materials of practice reflecting violations of the principle of presumption of innocence are presented, and various opinions of legal scholars on the implementation of the principle of presumption of innocence are given. Examples from practice are analyzed, including cases that have a high public profile: the criminal case against two football players Pavel Mamaev and Alexander Kokorin, the decision of the Strasbourg European Court of human rights in the case “Fedorenko V. Russia” and the criminal case of the famous American producer Harvey Weinstein. The article analyzes the “plea bargain” that is used in the United States of America. The problems of implementing the principle of presumption of innocence and ways to solve them are outlined.
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Kazarin, Victor, Roman Kravtsov, and Igor Arkhipkin. "Doctor of Law, Professor Nikolai Ignatyevich Trofimov: the Scientific Legacy of the Researcher." Всероссийский криминологический журнал 13, no. 1 (2019): 152–66. http://dx.doi.org/10.17150/2500-4255.2019.13(1).152-166.
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The article is dedicated to the memory of a famous scientist and teacher, Doctor of Law, Professor N.I. Trofimov, who would have turned 90 years old in 2018. A native Siberian born in a peasant family, he transitioned from a school teacher to a Doctor of Law, Professor, Dean of the Law Faculty of Irkutsk State University and Head of the Chair of Criminal Law. He successfully defended his Ph.D. thesis, and later his doctoral dissertation at M.V. Lomonosov Moscow State University. N.I. Trofimov had been engaged in research and teaching for over 40 years, he read courses of Criminal Law, Criminology and special courses. His numerous articles and monographs, reviews and textbooks were devoted to topical problems, mainly, the criminal and legal protection of the mental and physical development of minors. He researched such topics as the general concept of crime against the normal development of minors, encroachments on the development of minors, including their involvement in criminal and other anti-social activities, sexual abuse, coercion to common law marriage of persons under the marriageable age; he analyzed data on the identity of convicts and victims in cases of non-violent sexual crimes against minors. N.I. Trofimov responded promptly to important social and political events in the life of the country, giving them a legal assessment, and made proposals for improving criminal legislation. He is the author and contributing author of about 100 research, methodological and educational publications. He proved himself to be an experienced administrator who made a great contribution to the development of higher legal education in Eastern Siberia. The study of key problems of criminal law and criminology, started by N.I. Trofimov, has been continued by modern Russian and foreign researchers.
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André, Charles, and Laura Minc Baumfeld André. "Lampião, Lages, Lombroso: the autopsy of the bandit king of the Brazilian backlands." Arquivos de Neuro-Psiquiatria 77, no. 1 (2019): 55–59. http://dx.doi.org/10.1590/0004-282x20180143.
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ABSTRACT Lampião, the most infamous Brazilian brigand leader, was killed and decapitated during an ambush in 1938. The Alagoas police coroner, Dr. José Lages Filho, performed an autopsy of his head. Strongly biased toward the anthropologic ideas of the famous Italian psychiatrist and criminalist Cesare Lombroso, the examination found only a few of the so-called criminal inborn traits. The Lombrosian doctrine and a number of related theories strongly influenced medical and political reasoning in the first half of the 20th century. Modern genetic and neuroscientific studies are still looking for the potential biological roots of misbehavior and criminality.
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Dyjakowska, Marzena Hanna. "POSTĘPOWANIE W SPRAWACH O CRIMEN MAIESTATIS W OKRESIE REPUBLIKI RZYMSKIEJ." Zeszyty Prawnicze 6, no. 1 (2017): 27. http://dx.doi.org/10.21697/zp.2006.6.1.03.
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Procedural Issues of the crimen maiestatis in Roman RepublicSummaryThe article presents some procedural issues of crimen maiestatis in the Roman Republic. The first approach examines the process by which the public criminal law evolved rules for the protection of maiestas populi Romani, and the application o f these rules in particular cases. This topic is introduced by analysing the concept of maiestas with a particular reference to maiestas populi Romani. The crimen maiestatis was first brought within the ambit of the public criminal law by way of the fragmentation of a particular segment o f a diffuse crime of perduellio. The role of the duoviri perduellionis, as well the origin and nature o f the criminal jurisdiction of the tribuni and aedilesalso are to be discussed. The duoviri are recorded only three times: first there is the Livy’s account of the famous trial of Horatius under King Tullus Hostilius. It is also discussed in the article when and how provocatio against the higher fines was introduced. In the Roman Republic the maiestas cases were tried before the plebs or the comitia centuriata of the people. The lex Appuleia maiestatis established a permanent quaestio maiestatis and brought a particular category of wrongful acts under its jurisdiction.
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WAGENAAR, WILLEM A. "False confessions after repeated interrogation: the Putten Murder Case." European Review 10, no. 4 (2002): 519–37. http://dx.doi.org/10.1017/s106279870200042x.
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Suggestive or misleading interrogation techniques may have the effect that innocent people start to remember having committed a serious crime. Confessions are therefore not the best possible evidence, especially not when it is obvious that the interrogation contained elements of suggestion and deception. The problem is illustrated by a case that has become famous in The Netherlands, because two innocent men were imprisoned for about eight years, after obviously false confessions. The confessions were obtained during long and repeated interrogations in which various types of psychological deception were used. In the end, the amount of contradiction, and even of sheer impossibilities, made it clear that the confessions were false and the men innocent. Some of the literature on the creation of false memories is reviewed. It is argued that the practice of criminal investigation may elicit even stronger effects, because empirical research is constrained by ethical limits. The objective of criminal investigation seems to put no limit on what is deemed acceptable, even though we know quite well that the elicitation of false confessions is a serious risk. European agreements about criminal interrogation techniques may provide an effective protection against undesirable practices; but it will not be easy to convince the European legislators of this.
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Prasetia, A. A. Ngurah Bagus Bayu, I. Nyoman Putu Budiartha, and Ni Made Puspa Sutari Ujianti. "Perlindungan Hukum Merek Terkenal Terkait dengan Persaingan Usaha Tidak Sehat." Jurnal Konstruksi Hukum 1, no. 1 (2020): 13–18. http://dx.doi.org/10.22225/jkh.1.1.2122.13-18.
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With the current development, there are many well-known brands circulating in the market all over Indonesia, especially the ones that are deliberately counterfeited by business actors violating existing regulations for profit. The circulation of a well-known brand that is widely fabricated has spread to all levels of society. With the existence of various well-known brands, there will be a negative impact, such as the emergence of brand violations which is a form of unfair business competition. This study examines the regulation towards the well-known brands in Indonesia and the legal protection for well-known brands in relation to unfair business competition in Indonesia. To achieve these goals, this study was conducted using normative legal research method. Initially, the regulation of the famous brands is regulated in the Paris Convention for the Protection of Industrial Property (Paris Convention) and the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS Agreement). At this time, Indonesia has made its own regulations regarding Famous Marks and most recently the Regulations regarding famous marks are regulated in Law Number 20 of 2016 concerning Trademarks and Geographical Indications. Preventive legal protection aims to provide a legal umbrella for entrepreneurs who have well-known brands to anticipate violations. Repressive legal protection provides the final legal umbrella for imposing sanctions on business actors who deliberately copy the famous brands that have been registered in Indonesia. Civil and criminal remedies are given when a dispute has occurred or a violation has been committed. The government should conduct socialization regarding the forms of violations. Entrepreneurs should be more creative and advertise their own brands more so that people can get clear information about well-known brands, both genuine and the counterfeited.
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ALLERFELDT, KRISTOFER. "Murderous Mumbo-Jumbo: The Significance of Fraternity to Three Criminal Organizations in Late Nineteenth-Century America." Journal of American Studies 50, no. 4 (2015): 1067–88. http://dx.doi.org/10.1017/s0021875815001176.
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Over the past thirty years or so the study of American fraternity has been used to explore a variety of phenomena in the nation's evolution, especially around the turn of the twentieth century. Fraternities have been used to understand the exploration, taming and exploitation of the West. They have been shown to represent proof of the various turn-of-the century crises of gender, race and ethnicity. They have been seen as the very embodiment of bygone caring, sharing, communities. However, among the aspects to have escaped attention is the importance of fraternity in criminal organizations. Given that crime, then as now, was seen as one of the most pressing of social issues, and given that over these years there was a deep suspicion that there were a variety of ultra-secret fraternities organizing, facilitating and manipulating wide-ranging criminal activities, this may be considered a little odd. This article investigates the idea that there was really such a thing as a genuine criminal “fraternity.” Looking at three of the most famous of such organizations – the Ku Klux Klan (KKK), the Molly Maguires and the Mafia – it demonstrates that not only were ideas of fraternity central to their very existence, but they are also crucial to our understanding both of them and of the period in which they were situated.
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Borisova, Valentina, and Sergey Schaulov. "“The Jack of Hearts Club” in F. M. Dostoevsky’s novel The Raw Youth." Неизвестный Достоевский 7, no. 3 (2020): 149–65. http://dx.doi.org/10.15393/j10.art.2020.4781.
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The article examines the criminal storyline in The Raw Youth by F. M. Dostoevsky as part of real-life and historical and literary commentary on the novel. The matter has significant links to the facts and persons associated with the “Kumanin inheritance case.” It turned out to be “unfortunate” and “haunted” because of the initial criminal background associated with the activities of the famous criminal community of the 1870s, namely, “The Jack of Hearts Club”. Among its members was Alexander Timofeevich Neofitov, the first executor of the will of A. F. Kumanina. We can presume that he became the prototype of the leader of the “gang,” which included Lambert, Stebelkov and other “cunning scammers” depicted in the novel. Vsevolod Alekseevich Dolgorukov, a prince and tradesman, was also one of the “red jacks,” which could have led Dostoevsky to endow the hero of his novel with a similar surname. The article provides new facts confirming that the typical features of V. A. Dolgorukov are reflected in the characteristics of the young prince Sokolsky. Secondly, two previously unrecognized literary sources of Dostoevsky’s work, namely, novels by the French writer Ponson du Terrail, The Jack of Hearts Club and Secrets of Paris, which were popular in Russia at that time. Their characters, Mrs. St. Alphonse, or Alfonsina, involved in scheming with incriminating papers, and Captain Lambert, depicted as the embodiment of all human vices, are the prototypes of the namesake heroes in Dostoevsky’s novel. All of the above made it possible to conclude that intentional artistic contamination of the historical and biographical narrative, criminal chronicle and literary tradition occurred in The Raw Youth.
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Ifrani, Ifrani. "The Politics of Criminal Law in Trademarks and Future Concept of Omnibus Law for IPR." Lambung Mangkurat Law Journal 5, no. 2 (2020): 149–62. http://dx.doi.org/10.32801/lamlaj.v5i2.152.
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From the Global Intellectual Property Center (GIPC) survey, Indonesia still considered weak in protecting intellectual property. Then the political direction of law began to look at the concept of the omnibus law to promote the ease of doing business (EoDB). Therefore, the purpose of this study is to analyze first, the legal protection issues of famous brand holders in Act No. 20/2016 through political instruments and criminal law policies. Secondly, the concept of the omnibus law as ius constituendum of the Act Related to Indonesian Intellectual Property in the political perspective of criminal law. The normative method was chosen because of the object of the study on the principles of law, theories, and doctrines of jurisprudence. The results of this study show that although Indonesia's IPR index score increased in 2019, it's global ranking declined. This means that despite increases in scores, Indonesia's IPR enforcement tends to be stagnant when compared to other countries. The IPR-related Act can be combined into an omnibus law. The aim is to simplify the laws of Patents, Trademarks, Copyrights, Industrial Designs, Layout Designs of Integrated Circuits, and Communal Investment Credit which greatly affect the economy and investment in Indonesia.
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Mufrohim, Ook, and Joko Setiyono. "Kebijakan Hukum Penutupan Lokalisasi Sunan Kuning dalam Penanggulangan Tindak Pidana Prostitusi Online Di Kota Semarang." Ajudikasi : Jurnal Ilmu Hukum 4, no. 2 (2021): 113–24. http://dx.doi.org/10.30656/ajudikasi.v4i2.2265.
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Prostitution is a social crime that occurs within the community. Argorejo localization or famous as Sunan Kuning is a prostitution localization located in Semarang City. The Mayor of Semarang, through his policy, closed the Sunan Kuning localization. This research shows that there are new problems due to the issuance of Criminal Law Policy related to the closure of the Sunan Kuning Prostitution Localization in Semarang City, but the policy has an impact on the proliferation of Online Prostitution in the City of Semarang which actually creates a very big danger because it can be accessed by everyone and including minors, only on the condition of having a smartphone. This research is useful for the government so that in an effort to deal with crime is going to be carried out in an integrated manner, so that the crime in eradication can really really be resolved at the root of the problem the crime arises. This research focuses more on criminal law policy in dealing with crime in an integrated manner. This research method is a Normative Juridical research method or a doctrinal research method, using a statutory and conceptual approach.
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Kruessmann, Thomas. "Criminal Law and Human Rights - Some Examples from the Emergence of European Criminal Law." Russian Journal of Criminology 14, no. 5 (2020): 745–57. http://dx.doi.org/10.17150/2500-4255.2020.14(5).745-757.
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Criminal law is often described as the field of law that expresses the strongest national characteristics of a given jurisdiction and is the least amenable to change. Naturally, social rules providing some kind of penalty when violated have existed throughout the history of mankind. In Europe, the current understanding of criminal law has been shaped by Enlightenment thought, the ideas of human rights, liberalism and finally the national movements which led, inter alia, to the famous codifications of criminal law of the 19th century. In Russia, criminal law has certainly (not been isolated from the developments that took place in 19th century Europe. For example, the abolition of corporal punishment is but one good marker of humanisation. But compared to Europe, codified criminal law in Russia has been much less understood as the magna charta of the offender (Franz von Liszt), eventually leading to the study of human rights in criminal law. Rather, it has been viewed as the expression of the Tsars unfettered power to mete out punishment, - a line of thinking which indicates the continuing difficulty in Russian criminal law doctrine to accept limitations on the power of the legislator to criminalize. This paper will not deal with Russian doctrinal approaches to criminal law in a direct way. Instead, its purpose is to demonstrate the European Unions (EUs) current thinking on the effects that human rights have on the development of criminal law. As of today, criminal law is under a variety of influences among which the changing understanding of human rights is a very important one. In the Western world, there is a large amount of literature dealing with human rights and criminal law in general1 [1; 2], and it is hardly possible to come to an overall systematization. To be sure, there are parts of criminal law which have experienced very little change in light of human rights. One central tenet of human rights, for example, is the equality of men2 (in a pre-modern reading to include also women) which leads to the criminalization of slavery, slave trade, forced labor and trafficking in human beings. The smuggling of humans, on the other hand, is a much more controversial topic due to the fact that states show a strong desire to criminalize irregular migration. Another pillar of human rights is the human right to property3 which informs a whole range of criminal law provisions for violations of the right to property on land (theft, robbery, etc.) and on water (piracy). By comparison, the right to life is a more difficult concept. Human rights are behind the global drive for abolishing the death penalty4, but a number of other life-related issues are determined less by human rights than by religious and ethical views, such as the criminalization of abortion, aiding and abetting suicide, and euthanasia. Finally, a number of human rights are experiencing a very lively debate, e.g. freedom of speech5 [3] and freedom of religion, consequently there is also a high impact on the development of criminal law. European criminal law, understood as the total of the harmonized national criminal law systems of the EU Member states, offers a good example to study the effects of human rights. In the literature, there is the argument that changes in the understanding of human rights can lead both to criminalization and to de-criminalization. This has also been described as the «sword» function of human rights (using human rights to call for criminalization) and the «shield» function (using human rights law to call for limits to the use of criminal law and even de-criminalization) [1]. Both functions can be observed in a nutshell when analyzing the European criminal law that has emerged in the course of the last decade. For Russia, this article represents a (hopefully timely) contribution to the still nascent discussion on the effects of human rights on criminal law. Despite the Preamble to the newly adopted Constitution of the Russian Federation (RF) which affirms the role of human rights, Article 15 (4) Constitution RF limits the direct impact of human rights law to the universally accepted norms and principles of international law as well as to treaties concluded by the RF. The Constitution therefore appears to be closing the door to cutting-edge developments in international human rights law which are still not universally accepted.
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Caianiello, Michele. "Disclosure before the ICC: The Emergence of a New Form of Policies Implementation System in International Criminal Justice?" International Criminal Law Review 10, no. 1 (2010): 23–42. http://dx.doi.org/10.1163/157181209x12584562670776.
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AbstractThe use of theoretical models, the most famous of which is the distinction between accusatorial and inquisitorial, is decisive in testing the intrinsic consistency of a specific procedural system. The aim of this work is to analyse some aspects of the law of evidence provided for by ICC sources, specifically the disclosure provisions, and ascertain whether the blending of different legal traditions may be regarded as successful or subject to criticism. For this purpose, in his analysis the Author employs the widely known Damaška partition between coordinate vs. hierarchical officialdom, in the administration of the process. The conclusion reached in this work is that some amendments to the sources of the ICC concerning the law of evidence would be advisable, in order to rectify certain inconsistencies. Among them, the author proposes the adoption of an official Prosecutor's file in the pre-trial phase.
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Passarella, Claudia. "From Scandalous Verdicts to “Suicidal Sentences”: The Reform of the Courts of Assize under the Fascist Regime." Studia Iuridica 80 (September 17, 2019): 251–64. http://dx.doi.org/10.5604/01.3001.0013.4812.
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The aim of this article is to investigate the relationship between professional magistrates and laypersons in Italian criminal justice under the Fascist regime. The reform of the courts of assize, approved in 1931, abolished the jury trial and introduced a system based on cooperation between professional judges and laymen assessors. The two components of the bench had to work side by side and decide on the innocence or guilt of people charged with serious crimes. This forced collaboration resulted in the phenomenon of “suicidal sentences”. The case of Francesco Mulas, accused of murder and robbery, is the most famous example of a conflict that could lead to fatal consequences. This paper seeks to analyse the reasons of this contrast and the remedies elaborated by eminent legal experts.
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Feinberg, Joel. "Wrongful Life and the Counterfactual Element in Harming." Social Philosophy and Policy 4, no. 1 (1986): 145–78. http://dx.doi.org/10.1017/s0265052500000467.
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I shall be concerned in this paper with some philosophical puzzles raised by so-called “wrongful life” suits. These legal actions are obviously of great interest to lawyers and physicians, but philosophers might have a kind of professional interest in them too, since in a remarkably large number of them, judges have complained that the issues are too abstruse for the courts and belong more properly to philosophers and theologians. The issues that elicit this judicial frustration are those that require the application to border-line cases of such philosophically interesting concepts as acting, causing, and the one that especially interests me, harming.I first became interested in the concept of harming in my work on the moral limits of the criminal law, where I had to come to terms with John Stuart Mill's famous “harm principle”–the principle that it is always a good reason in support of a criminal prohibition, indeed, the only legitimate reason, that it will prevent harm to persons other than the actor. I could not very well criticize that principle until I decided what the word “harm” must mean in its formulation. I gave what I took to be the requisite analysis of harm in my book Harm to Others. Here I wish to improve that analysis, examine its implications for civil as well as criminal liability, and test it on conceptually hard cases, especially cases of prenatal harming, that is, cases in which the wrongful causative conduct occurs before the victim's birth, and the harmed state that is its upshot consists in being born in an impaired condition.
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Crosby, Kevin. "Before the Criminal Justice and Courts Act 2015: juror punishment in nineteenth- and twentieth-century England." Legal Studies 36, no. 2 (2016): 179–208. http://dx.doi.org/10.1111/lest.12098.
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The Criminal Justice and Courts Act 2015 has created several new offences regarding juror misconduct. While this legislation has been passed in response to jurors accessing improper ‘evidence’ online, it is wrong to treat juror misconduct as a new problem. The most famous case on this topic (Bushell's Case) did not completely prohibit juror punishment, but the rhetorical force of the decision was such that penal practices have until recently been overlooked in the academic literature. This paper argues that assessing the new offences is greatly helped by understanding how juror misconduct has been responded to in the past. Drawing on the language of Bushell's Case itself, as well as new archival research, it argues that previous practices of juror punishment have largely depended on whether particular instances of misconduct related to the juror's ‘ministerial’ or ‘judicial’ functions; and that ‘judicial’ offences (those relating to verdict formation) have been much less likely to be punished. Rather, such offences have tended to be managed away. If today's judges continue acting in this way, the new offences are unlikely to be resorted to very often, with the judiciary being much more likely to focus on techniques for avoiding misconduct in the first place.
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Katipoğlu Özmen, Ceren, and Selahaddin Sezer. "Making the Unwanted Visible: A Narrative on Abdülhamid Ii’s Ambitious Project for Yedikule Central Prison in Istanbul." Prostor 28, no. 2 (60) (2020): 360–77. http://dx.doi.org/10.31522/p.28.2(60).11.
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This study aims to investigate three architectural projects proposed for constructing a central prison inside the Yedikule Fortress in Istanbul during the end of the 19th c. Ottoman State assigned the famous architects of the era for this mission such as August Jasmund, Alexandre Vallaury, and Kemaleddin. The narration on the projects shows that there was a strong intention for constructing a central prison in the capital of Ottoman Empire as a sign of success for the overall penalty and prison reform that was one of the main goals for Ottoman Sultan Abdülhamid II (r. 1876-1909). The interpretation of these distinctive projects is significant since this interpretation helps us both to understand the transformation of the criminal justice spaces of the Ottoman Empire and to provide a new perspective for reading 19th c. Ottoman architecture.
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Солоницын, Павел Сергеевич. "CRIMINAL EXECUTIVE LAW IS A COMPLEX BRANCH OF RUSSIAN LAW." Vestnik Samarskogo iuridicheskogo instituta, no. 4(40) (December 14, 2020): 69–75. http://dx.doi.org/10.37523/sui.2020.40.4.011.
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В статье предпринята попытка обоснования комплексной природы уголовно-исполнительного права. Критикуется господствующая в научной и учебной литературе точка зрения на самостоятельный и оригинальный характер данной отрасли. Показывается, что отрасль уголовно-исполнительного права имеет прямую генетическую связь с уголовным правом. Отмечается, что уголовно-правовое отношение носит длящийся характер. Исполнение наказания представляет собой сочетание материальных и процедурных отношений. При этом материальная их составляющая - это и есть реализация норм уголовного права, определяющих виды и содержание наказаний. Немаловажное значение имеют общие нормы о целях наказания, предопределяющие фактор положительного поведения осужденного в контексте его исправления. В статье опровергаются имеющиеся точки зрения ученых, критикующих отнесение уголовно-исполнительного права к комплексным отраслям. В качестве базовой модели комплексной отрасли права в правовой теории берется обоснованная концепция комплексных отраслей, предложенная на рубеже 1980-90-х гг. известным теоретиком права В. Н. Протасовым. В противоположность основным отраслям комплексная отрасль «собирается» для решения строго определенных, общественно значимых задач, что связано с возрастанием в праве системного начала. Таким образом, комплексная отрасль права - это целостная правовая система, искусственно сконструированная для решения значимых общественных задач посредством объединения нормативного материала различной отраслевой принадлежности. Уголовно-исполнительное право вполне отвечает этим критериям. Называются основные нормативные компоненты данной отрасли, к которым относятся нормы, имеющие уголовно-правовую, административно-правовую, конституционно-правовую природу. В совокупности они регулируют отношения, возникающие при исполнении уголовного наказания, оказывая на них эффективное комплексное воздействие. The article considers the complex nature of criminal Executive Law. The author criticizes the prevailing point of view in scientific and educational literature on the independent and original nature of this industry. It is shown that the branch of criminal Executive Law has a direct, genetic connection with criminal law. It is indicated that the criminal law relationship is of a continuing nature. The execution of a sentence itself is a combination of material and procedural relations. At the same time, their material component is the implementation of the norms of criminal law that determine the types and content of punishments. Of no small importance are the General rules on the purposes of punishment, which determine the factor of positive behavior of the convicted person in the context of his correction. The article refutes the existing points of view of scientists who criticize the attribution of criminal Executive law to complex branches. The basic model of the complex branch of law in legal theory is based on the well-founded concept of complex branches, proposed at the turn of the 1980s and 90s by the famous legal theorist V. N. Protasov. In contrast to the main industries, the complex industry «gathers» to solve strictly defined, socially significant tasks, which is associated with an increase in the right of the system principle. Thus, a complex branch of law is an integral legal system that is artificially designed to solve significant social problems by combining normative material of various branches of law. Criminal enforcement law fully meets these criteria. The main regulatory components of this industry are called, which include norms that have a criminal, administrative, and constitutional nature. Together, they regulate the relations that arise during the execution of criminal penalties, exerting an effective, comprehensive impact on them.
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Scanlon, Mark, Alan Hannaway, and Mohand-Tahar Kechadi. "Investigating Cybercrimes that Occur on Documented P2P Networks." International Journal of Ambient Computing and Intelligence 3, no. 2 (2011): 56–63. http://dx.doi.org/10.4018/jaci.2011040104.
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The popularity of Peer-to-Peer (P2P) Internet communication technologies being exploited to aid cybercrime is ever increasing. P2P systems can be used or exploited to aid in the execution of a large number of online criminal activities, e.g., copyright infringement, fraud, malware and virus distribution, botnet creation, and control. P2P technology is perhaps most famous for the unauthorised distribution of copyrighted materials since the late 1990’s, with the popularity of file-sharing programs such as Napster. In 2004, P2P traffic accounted for 80% of all Internet traffic and in 2005, specifically BitTorrent traffic accounted for over 60% of the world’s P2P bandwidth usage. This paper outlines a methodology for investigating a documented P2P network, BitTorrent, using a sample investigation for reference throughout. The sample investigation outlined was conducted on the top 100 most popular BitTorrent swarms over the course of a one week period.
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Radzinowicz, Leon. "Penal Regressions." Cambridge Law Journal 50, no. 3 (1991): 422–44. http://dx.doi.org/10.1017/s0008197300016172.
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Baron Raffaele Garofalo's memorable treatise Criminology ends (almost as an afterthought) with an Appendix entitled “Outline of Principles Suggested as a Basis for an International Penal Code”. In barely twelve pages he formulates: principles of criminal liability; an enumeration of categories of offenders; a system of penalties to be adopted to combat crime; and some basic rules of procedure for bringing offenders to justice. Garofalo was not a cranky, lofty or flamboyant idealist. Together with Cesare Lombroso and Enrico Ferri he was the founder of the famous Positivist School of Criminology launched in Italy towards the end of the nineteenth century. He was a High Court Judge, a tough realist with a sharp and incisive mind. Staunch traditional conservative that he was, he might instead have been expected to advocate that each nation should be free to express its unique individuality through its own distinctive legal and penal edifice.
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SCHABAS, WILLIAM. "The Contribution of the Eichmann Trial to International Law." Leiden Journal of International Law 26, no. 3 (2013): 667–99. http://dx.doi.org/10.1017/s0922156513000290.
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AbstractThe trial of Adolf Eichmann was poorly received by many contemporary observers, who felt that it bent the law beyond recognition in several key areas. With the renaissance of international criminal law in recent decades, the handling of difficult issues by the District Court of Jerusalem and the Supreme Court has been shown to fare rather well. The understanding of the relationship between crimes against humanity and genocide by the Israeli courts, and their response to the charge of retroactive criminality, to the consequences of the kidnapping, and to claims that the tribunal lacked impartiality, have also stood the test of time. Perhaps most important of all, the Eichmann decisions actually moved the law forward on the question of universal jurisdiction, effectively setting aside the narrow jurisdictional frame set by the 1948 Genocide Convention. Critics at the time of the judgments, possibly influenced by the famous but harsh commentary of Hannah Arendt, were much too negative in their assessments.
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Rubin, Ashley T. "The prehistory of innovation: A longer view of penal change." Punishment & Society 20, no. 2 (2017): 192–216. http://dx.doi.org/10.1177/1462474517690522.
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New penal technologies, however innovative, rarely emerge fully formed, but we currently lack a theoretical appreciation of the lengthy, messy process by which penal innovations develop. Indeed, most studies of penal change focus on the conditions surrounding the emergence of a particularly successful innovation, a model of punishment whose widespread diffusion is indicative of significant change. This paper extends our analytical focus by examining the legacy of an innovation’s prehistory, the ideational period in which an idea is created at the margins of criminal justice before manifesting on a wider scale. This paper traces the history, and influence, of American uses of penal incarceration before Pennsylvania’s famous Walnut Street Prison, often referred to as the country’s first prison. This prehistory complicates the notion of innovation by identifying significant precursors. Ultimately, recognizing penal innovations’ prehistory challenges macro-level theories of penal change, which largely overlook those causes that significantly predate the “moment” of innovation.
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Allan, T. R. S. "Some favourite fallacies about similar facts." Legal Studies 8, no. 1 (1988): 35–47. http://dx.doi.org/10.1111/j.1748-121x.1988.tb00375.x.
Full textAbstract:
There can be few passages ofjudicial exegesis which have claimed more attention, analysis and controversy than Lord Herschell’s famous, or infamous, statement of principle in Makin u A-G for New South Wales. His Lordship had appeared to assert an absolute rule against adducing evidence of bad character in order to prove the defendant’s guilt on the basis ofhis criminal disposition; and in Boardman v DPP Lord Hailsham expressly approved this prohibition on use of the ‘forbidden chain of reasoning’. A recent judgment by Gibbs CJ in the High Court of Australia contains a lucid modern restatement of Lord Herschell’s principle:‘The prosecution cannot adduce evidence tending to show that the accused has been guilty ofcriminal acts other than those with which he is charged if the evidence shows only that he had a propensity to commit crime, or crime of a particular kind, or that he was the sort of person likely to have committed the crime charged.
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Ali, Hashmat, Nazim Rahim, and Aziz Ur Rehman Ur Rehman. "Delay in Justice is an Indicator in the Promotion of Terrorism: A Case Study of Swat." Global Legal Studies Review V, Winter 2020 (2020): 29–34. http://dx.doi.org/10.31703/glsr.2020(v-i).05.
Full textAbstract:
The pre-merger judicial system of Swat was famous for speedy justice. Even death cases were solved in days. The people of Swat expected the same judicial system from Pakistan. Civil as well as criminal cases take long time for decision with no guarantee of fairness. Maulana Sufi Muhammad raised voice for Islamic Sharia for the first time in 1990. For the sake of Islam and speedy justice the common illiterate people of Swat supported the movement of Sufi Muhammad called TNSM. It was banned after accepting some of their demands. In 2004 another movement named TTP (Swat faction) appeared andgot control of most of the areas of Swatin a short span of time. The clerics of TTP preached their own version of Islam on FM channels and loud speakers. Imposition of Islamic laws and speedy justice were the main points of their agenda which inspired the common people of Swat and Malakand region.
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Cui, Qingming, and Honggang Xu. "Monkey and the mandate of heaven: rethinking the social construction of nature in ecotourism." Tourism Critiques: Practice and Theory 1, no. 1 (2020): 21–34. http://dx.doi.org/10.1108/trc-03-2020-0005.
Full textAbstract:
Purpose Scientific knowledge is usually regarded as the basis for the management of natural environment and wildlife in ecotourism. However, recently, social construction approaches challenge the domination of natural science. This study aims to examine the effectiveness of the social construction paradigm in ecotourism management, through conducting a content analysis of social media comments on an accident caused by a monkey in a Chinese ecotourism area. The results show that people commented on the accident from five aspects. First, the public expressed their compassion and mourning for the deceased. Second, people thought that the death was casual and absurd, yet life is full of uncertainty and people should cherish the present. Third, people commented much on the deceased tourist’s company, which is a famous sugar brand well entrenched in many Chinese people’s childhood memories. Fourth, people constructed the monkey as Monkey King, Golden Monkey (another famous sugar brand in China) and as a criminal. Fifth, people also gave their opinions about possible causes of the accident, namely, it was caused by “the mandate of heaven,” company competition, conspiracies or poor management. This study only seriously considers the comments about the mandate of heaven. This explanation is consistent with the Chinese traditional construction of nature as “heaven,” which is believed to dominate the natural and human worlds. Most people, including the managers, accepted the accident and did not explore further about the reasons for the accident. In this case, such a social construction of nature does not aid effective ecotourism management.
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Smandych, Russell. "“To Soften the Extreme Rigor of Their Bondage”: James Stephen's Attempt to Reform the Criminal Slave Laws of the West Indies, 1813–1833." Law and History Review 23, no. 3 (2005): 537–88. http://dx.doi.org/10.1017/s0738248000000572.
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In 1813, James Stephen, Jr., a twenty-four-year-old lawyer, was appointed part-time by the British Colonial Office to write legal opinions on the validity of colonial laws. In 1825, he began working full-time as legal advisor to the Colonial Office and held this position until 1836 when he was promoted to the top-ranking post of permanent under-secretary of the Colonial Office, which he held until 1847. During these years, Stephen frequently played a key role in influencing the direction taken by policies and reforms initiated through the Colonial Office. In particular, his important role in shaping Colonial Office “native policy” after the mid-1830s has been documented by several historians, and much has been written about his connection—through his anti-slavery father, Stephen, Sr., and his uncle William Wilberforce—to the famous Evangelical “Clapham Sect” that took a leading role in promoting a number of different humanitarian and social reform causes in the first half of the nineteenth century.
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Morris, Douglas G. "Accommodating Nazi Tyranny? The Wrong Turn of the Social Democratic Legal Philosopher Gustav Radbruch After the War." Law and History Review 34, no. 3 (2016): 649–88. http://dx.doi.org/10.1017/s0738248016000213.
Full textAbstract:
What is the relationship between Nazism and natural law—the notion of universal standards, which arise from either God, revelation, nature, rationality, or morality, and which human-made statutes cannot break? In 1946, in the wake of World War II, Gustav Radbruch, one of Germany's most respected Social Democrats and legal philosophers, published his influential article, “Statutory Injustice and Suprastatutory Law,” which grappled with a pressing issue of postwar justice. Should courts deem judges criminally responsible for having earlier convicted defendants, and often sentenced them to death, based on denunciations by family, neighbors, or rivals, denunciations that the Nazi regime had encouraged but that a fair-minded government must condemn? As a matter of jurisprudence, Radbruch set forth his famous formula, which declared that judges must adhere to positive or statutory law, except in rare circumstances in which such law violated fundamental principles of justice. In his words, “[P]ositive law, secured through legislation and power, prevails, even if it is substantively unjust and inexpedient, unless the tension between positive law and justice reaches such an intolerable level that the law as ‘false law’ must yield to justice.” As a matter of history, Radbruch excused Nazi-era judges who had missed his jurisprudential point, because they had succumbed to the legal theory of positivism that had long permeated German legal thinking. “Positivism,” Radbruch wrote, “with its belief that ‘law is law’ rendered the German judiciary defenseless against arbitrary and criminal laws.”
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Daminova, Nasiya. "The European Court of Human Rights on the ‘Access to a Lawyer’ Directive 2013/48/EU: the Quest for a Coherent Application of the Right to a Legal Assistance in Europe?" European Criminal Law Review 11, no. 2 (2021): 211–41. http://dx.doi.org/10.5771/2193-5505-2021-2-211.
Full textAbstract:
The right to a custodial legal assistance has always been considered a key procedural guarantee in criminal proceedings, which allowed for the effective realisation of other ‘due process’ rights of the suspected or accused person. The ‘Access to a lawyer’ Directive 2013/48/EU is one of the outcomes of the massive legal reform which followed the famous Salduz ruling (2008), where the European Court of Human Rights (ECtHR) prominently stated that the accused shall be provided with assistance of counsel since the initial stages of police interrogation. At the same time, scholars have not paid attention to the possible effects of Directive 2013/48/EU on the practice of the Strasbourg Court. The aim of this paper is to shed light on the way the ‘Access to a lawyer’ Directive is perceived by the ECtHR, given the incredible uncertainty surrounding this issue. The author argues that - paradoxically - the Directive text seems to have had significant impact on the Ibrahim, Simeonovi, Beuze lines of reasoning, framing possible derogations from maximum guarantees of access to a lawyer stemming from the earlier Salduz judgement. Even though the ECtHR tends to avoid direct analysis of the Directive 2013/48/EU provisions, it seems to have accepted the lowest level of protection provided by this EU Law act. This could be rather problematic for the non-EU Convention signatories’ criminal justice systems, being encouraged to follow the standard of procedural guarantees stemming from the EU legal order - which these states preferred not to join (or were not allowed to join).