Academic literature on the topic 'Predicate offences'
Create a spot-on reference in APA, MLA, Chicago, Harvard, and other styles
Consult the lists of relevant articles, books, theses, conference reports, and other scholarly sources on the topic 'Predicate offences.'
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.
Journal articles on the topic "Predicate offences"
1
Waris, Attiya, and Laila Abdul Latif. "The effect of tax amnesty on anti-money laundering in Bangladesh." Journal of Money Laundering Control 17, no. 2 (May 6, 2014): 243–55. http://dx.doi.org/10.1108/jmlc-04-2013-0011.
Full textAbstract:
Purpose – The article aims to rely on the global wealth chains theory to study the effect of tax amnesty on anti-money laundering (AML) in Bangladesh. This theory is an analytical framework intended to identify how wealth is repackaged and disguised to move it out of spheres of state oversight, regulation and taxation. It introduces the law on AML in Bangladesh, pointing out the revised Financial Action Task Force (FATF) recommendation that has expanded the scope of money laundering predicate offences to cover both indirect and direct tax crimes and smuggling in relation to customs and excise duties and taxes. Design/methodology/approach – Interviews in Bangladesh and desk research. Findings – There are some gaps in the scope of the offence, the coverage of predicate offences and the types of property covered by the money laundering offence. There is also an absence of financial penalties available to effectively sanction legal persons. The current money laundering offences are derived from the ordinance issued in 2008 by the caretaker government (2006-2008). The current act contains detailed definitions of money laundering and property and a list of predicate offences and sanctions for the offence. However, there are some gaps in the physical elements of the offence, and the range of its predicate offences remains too narrow. Adding tax evasion to its list of predicate offences will, given the history of money laundering in Bangladesh, aid in combating illegal transfer of assets abroad and recovery of the same and abolish tax amnesty. Originality/value – There is no paper that has analysed the linkages between money laundering and taxation in developing countries, especially Bangladesh.
2
Alldridge, Peter. "Are Tax Evasion Offences Predicate Offences for Money‐Laundering Offences?" Journal of Money Laundering Control 4, no. 4 (February 2001): 350–59. http://dx.doi.org/10.1108/eb027286.
Full text
3
Islam, Mohammad Saiful, Sharmin Akter Eva, and Mohammad Zahed Hossain. "Predicate Offences of Money Laundering and Anti Money Laundering Practices in Bangladesh Among South Asian Countries." Studies in Business and Economics 12, no. 3 (December 20, 2017): 63–75. http://dx.doi.org/10.1515/sbe-2017-0037.
Full textAbstract:
Abstract The purpose of the study is to identify the main reasons of money laundering in Bangladesh among the twenty seven predicate offences of money laundering prescribed by Bangladesh Bank and position of Bangladesh among South Asian Countries regarding anti-money laundering practices. Besides, an anti-money laundering model has been developed to combat against money laundering as 14 percent bankers think that only existing know your customer form and transaction profile of banking sector are not enough to detect money laundering. To conduct the study, 91 bankers have been surveyed to take response through structured questionnaire regarding their opinion about the predicate offences of money laundering and sufficiency of existing KYC form of banking sector to detect money laundering. From the responses, factor analysis, test of hypothesis, correlation and regression analysis have been conducted using SPSS software. The study identifies that predicate offences of money laundering can be minimized mainly through scrutinizing the activities of local criminals with foreign network and strict anti-corruption measures through automation in National Board of Revenue, strict policy adoption of criminal detection and support from foreign experts. Besides, regression model shows that only six predicate offences of money laundering explains 87.2 percent of money laundering that should get more emphasize to combat against money laundering. From the comparative analysis, it has been found that Bangladesh in holding better position just after India among six South Asian Countries according to Basel AML Index score. This study provides a complete understanding of the position of Bangladesh in case of money laundering and anti-money laundering practices. The integration of four domains, i.e. AML model development, factor analysis, econometric analysis and comparative analysis of AML index will provide insights to managers and policy makers about the money laundering scenario in Bangladesh.
4
Murray, Kenneth. "In the shadow of the dark twin – proving criminality in money laundering cases." Journal of Money Laundering Control 19, no. 4 (October 3, 2016): 447–58. http://dx.doi.org/10.1108/jmlc-02-2016-0009.
Full textAbstract:
Purpose This paper aims to highlight the persistent influence of the concept of “predicate offence” in respect of how the crime of money laundering is conceived and discussed, and to discuss how this inhibits the ability to prosecute the crime even where, as is the case in the UK, “predicate offence” is not a requirement of the relevant legislation. Design/methodology/approach Discussion of a recent UK Supreme Court judgment, R v GH, in particular, how the import of it appears to contrast with perceptions offered by the experience of two recent money laundering convictions on Scotland, where no evidence was led on establishing the money was criminal before the criminal act was libelled as money laundering. Design of modern money laundering schemes are illustrated and assessed in terms of how they can be prosecuted in the context of prevailing interpretations of the law. Findings The effectiveness of the UK money laundering offences as set out in the Proceeds of Crime Act of 2002 requires revaluation. Clarification is required in respect of how criminality in such cases can be proved. Consideration should be given to introducing new legislation targeted at the transmission of money or value under the cover of false documentation. Research limitations/implications Clarification is required on how the concept of “irresistible inference” as established by R v Anwoir can be applied to money laundering cases in light of the R v GH judgement of the UK Supreme Court. Practical implications Upgrade of law enforcement knowledge base and investigation skills is required to prosecute existing money laundering offences more effectively, but the lack of clarity as to what will suffice as proof of criminality serves to inhibit the investigation of these crimes as well as their prosecution. Social implications Protection of democracies, democratic institutions and the communities they serve from the corrupting influence of laundered criminal money through more effective prosecution of money laundering offences. Originality/value To encourage discussion on whether the relevant legislation remains fit for purpose and what practical measures can be taken to improve it.
5
Foo, Kenny. "Mapping the contours and limits of “irresistible inference”." Journal of Money Laundering Control 23, no. 4 (May 30, 2020): 735–43. http://dx.doi.org/10.1108/jmlc-03-2020-0027.
Full textAbstract:
Purpose In R v Anwoir [2008] EWCA Crim 1354, the English Court of Appeal held that, in money laundering prosecutions, the criminal provenance of property can be proved by showing that the circumstances in which the property was handled give rise to the irresistible inference that it can only have been derived from crime. The purpose of this paper is to analyse subsequent developments that have revealed the contours, and some of the limits, of proof by “irresistible inference”. Design/methodology/approach This paper reviews the reported cases in which an “irresistible inference” was drawn and identifies the features common to most of them. It then explores the limits of proof by “irresistible inference” by reference to the continuing relevance of predicate offences and the use of money laundering tools and techniques for non-laundering purposes. Findings Most of the cases in which an “irresistible inference” was drawn fall within a narrow compass of five categories. The breadth of the principle is constrained by the characteristics of the predicate offence, and its usefulness is limited in cases where the typologies of the predicate offence and the money laundering offence overlap significantly. Originality/value This paper may be useful to those involved in prosecuting or defending money laundering cases, as well as regulated persons assessing their money laundering risks and disclosure obligations.
6
Mniwasa, Eugene E. "The financial intelligence unit and money laundering control in Tanzania." Journal of Money Laundering Control 22, no. 3 (July 2, 2019): 543–62. http://dx.doi.org/10.1108/jmlc-07-2018-0043.
Full textAbstract:
Purpose This paper aims to explore the role of the financial intelligence unit in Tanzania in fighting against money laundering and its predicate offences, examine its potential in controlling the problem and describe factors that undermine its efficacy. Design/methodology/approach The doctrinal research approach is used to analyse Tanzania’s anti-money laundering law and appraise its effectiveness in facilitating operations of the financial intelligence unit in fighting against money laundering and its predicate offences. The law-in-context approach is applied to interrogate the anti-money laundering law and describe non-law factors that impinge on the efficiency of Tanzania’s financial intelligence unit. Findings The law vests the financial intelligence unit with powers to perform a number of functions that are significant in fighting against money laundering and its predicate offences in Tanzania. The unit has been instrumental in curbing money laundering. The efficacy of this anti-money laundering agency, which is at its infancy stage, is emasculated by law-related, institutional and non-law factors. These factors undercut the potency of the agency. Practical implications There is a need for Tanzania to undertake policy, legislative and institutional reforms to augment the efficacy of the financial intelligence unit. The reforms should be implemented concurrently with other measures, which will enhance the country’s anti-money money laundering regime. Originality/value This paper applies the legal and non-law perspectives to evaluate the effectiveness of the financial intelligence unit as an essential component of Tanzania’s anti-money laundering regime. It proposes law-related and non-law approaches to augment the efficiency of the unit and the country’s anti-money laundering regime in general.
7
Somawijaya and Ajie Ramdan. "The Influence Of The Constitutional Court Decision Against Combating Money Laundering In The Context Of Criminal Law Reform." Constitutional Review 1, no. 2 (March 28, 2016): 99. http://dx.doi.org/10.31078/consrev125.
Full textAbstract:
According to Moeljatno, Criminal Law is a part of a country’s legal system that prohibits certain acts with the threat of sanction for those who break said laws, determines when and in what cases such punishments should be imposed upon those who commit said acts and determines precisely how punishments should be carried out in the event that a person is accused of such acts. This paper will analyse Constitutional Court Decision No. 77/PUU-XII/2014 and Decision No. 21/PUU-XII/2014 regarding Criminal Law reform. Looking to the theory of procedural criminal law, an indictment of cumulative charges of money laundering requires that the underlying predicate offences be proven. If, for example, the predicate offence is corruption, the corruption must be proven as multiple crimes have been committed by the same suspect, namely corruption leading to money laundering. the Decision of the Pretrial Judge of the Court of South Jakarta, Sarpin Rizaldi, and Constitution Court Decision No. 21/PUU- XII/2014 on the review of Article 77 of Act No. 8 Year 1981 concerning the Law of Criminal Procedure broadened the range of pretrial objects and greatly affected the principles of formal criminal law.
8
Yanuar, Muh Afdal. "Diskursus antara Kedudukan Delik Pencucian Uang sebagai Independent Crime dengan sebagai Follow Up Crime Pasca Putusan MK Nomor 90/PUU-XIII/2015." Jurnal Konstitusi 16, no. 4 (January 28, 2020): 721. http://dx.doi.org/10.31078/jk1643.
Full textAbstract:
Sebagai tindak pidana lanjutan (follow up crime), kedudukan tindak pidana pencucian uang dilihat berdasarkan terjadinya tindak pidana tersebut secara faktual. Akan tetapi, jika cara memandang Tindak Pidana Pencucian Uang sebagai follow up crime seperti itu dipertahankan dalam hal pembuktian, maka riskan untuk membuat tidak efektifnya pembuktian terhadap Tindak Pidana Pencucian Uang dalam keadaan-keadaan tertentu, utamanya dalam hal materiele dader tindak pidana asal tersebut sedang berstatus DPO. Oleh sebab itu, dimunculkanlah sebuah ide yang pada pokoknya menghendaki agar dalam keadaan demikian, masih dimungkinkan untuk dibuktikan tindak pidana pencucian uangnya. Konsep itu disebut dengan istilah independent crime, yang melihat kedudukan TPPU dari perspektif unsur esensial dari delik pencucian uang, dan dari perspektif pembuktian tindak pidana pencucian uang itu sendiri. Dan hal tersebut juga tidak menyalahi apa yang tertuang dalam Putusan Mahkamah Konstitusi No 90/PUU-XIII/2015, sebagaimana dalam ratio decidendi putusan tersebut Mahkamah menyatakan bahwa frasa "tidak wajib dibuktikan terlebih dahulu" bukan berarti tidak perlu dibuktikan sama sekali tindak pidana asalnya, namun TPPU tidak perlu menunggu lama sampai perkara pidana asalnya diputus atau telah memperoleh kekuatan hukum tetap.As a follow up crime, money laundering offences are seen factually based on the offences done. However, if this perspective about money laundering as a follow up crime is maintained in the trial process perspective, it would be very risky of making the Money Laundering’s proofs in the court. Some may become ineffective in certain circumstances, especially in term of the materiele dader of predicate offences have declared as a fugitive. For that reason, an idea is created which in essence allow to, in such circumstances, prove his/her money laundering offences. This concept is recognized as the concept of “independent crime”, which sees the crime of money laundering from the essential element of money laundering offense, and from the proofing perspective of the money laundering itself. This is also in line with the decision of the Constitutional Court number 90/PUU-XII/2015, where in the ratio decidendi of the decision, the Constitutional Court declared that the phrase “not obligated to be proven first” does not mean that there is no obligation at all to prove the original offense, instead it means that for it to continue its legal proceeding, but that does not have to wait for the original offense to be sentenced or has received permanent legal force.
9
Maugeri, Anna Maria. "Self-laundering of the proceeds of tax evasion in comparative law." New Journal of European Criminal Law 9, no. 1 (March 2018): 83–108. http://dx.doi.org/10.1177/2032284418757385.
Full textAbstract:
The supranational and, in particular, European legislation impose the inclusion of tax evasion among the predicate offences of the money laundering and urge the introduction of the offence of self-laundering. Despite these inputs, the criminalization of self-laundering is problematic in terms of respect of the rule of law. In this perspective, the article highlights the difficulty of considering, in comparative law, the proceeds of tax evasion as a criminal profit which can be laundered, as well as the problems posed by the criminalization of self-laundering of this tax saving with respect to the principles of both ne bis in idem and proportionality. Subsequently, the article will focus on the aims of criminalizing the act of self-laundering, and also in this perspective the link emerges with tax evasion, before evaluating the necessity of such a tool in the broader armamentarium available today in the fight against the accumulation of illicit capital.
10
P.Y., Leonov, and Epifanova O. A. "Optimization of Taxes as a Factor of Money Laundering." KnE Social Sciences 3, no. 2 (February 15, 2018): 341. http://dx.doi.org/10.18502/kss.v3i2.1562.
Full textAbstract:
The optimization of the tax base remains a serious challenge for any business entity. At the same time, the challenge to keep economic activities in the legal field remains no less urgent. This paper deals with the issues of optimizing profit tax. Such methods of the tax optimization as the creation of various reserves, depreciation savings, leasing operations are analyzed. Special attention is paid to such negative phenomena as predicate offences. Their features are described, as well as the possible consequences of their commitment.
Dissertations / Theses on the topic "Predicate offences"
1
MacPherson, Gary John Dick. "Predicting escalation in sex offence recidivism : use of the SVR-20 and PCL:SV to predict outcome with non-contact recidivists and contact recidivists." Thesis, University of Edinburgh, 2004. http://hdl.handle.net/1842/10319.
Full textAbstract:
There is considerable responsibility on the clinician to identify sex offenders who may potentially commit more serious sexually violent behaviour and an increased demand for evidence based risk assessments (Macpherson, 1997; Thomas-Peter and Warren, 1998). Offenders who commit non-contact sexual crimes are traditionally classified as harmless despite the significant minority who escalate in offence severity towards more violent sexual offending. Forty convicted male sex offenders were classified as non-contact or contact sexual recidivists. Non-contact recidivists had a history of non-contact sexual offending on two or more occasions. Contact recidivists had a history of noncontact offending and had recidivated with a contact sexual offence. Groups were compared on the Sexual Violence Risk-20 (SVR-20: Boer et al. 1997) and the Psychopathy Checklist: Screening Version (PCL: SV: Hart et al. 1995). Psychosexual variables, criminal history and clinical risk factors were also coded using a multi-variable assessment model. A retrospective-prospective comparison successfully used by Quinsey et al. (1995) was performed between non-contact and contact recidivist groups. Factors that discriminated between non-contact recidivists and contact recidivists were primarily historical in nature, reflecting fixed or relatively stable characteristics. Significant differences between non-contact recidivists and contact recidivists were observed on total PCL: SV scores and psychosocial factors of the SVR-20 including sexual deviation, a history of childhood victimisation and past nonviolent offences. Contact recidivists were significantly younger than non-contact recidivists at first non-sexual offence and were significantly more likely to have a history of homosexual offending. A high level of interrater reliability on the SVR-20 and PCL: SV was observed. Suggested revisions to several iten1s of the SVR-20 and methodological considerations are reported. The research demonstrates that a progressive pattern of sexual offending from noncontact sexual offending to contact sexual offending is reliably associated with a combination of risk factors. The study offers the potential for early detection of a more serious escalation in sexual offending to allow for the possibility of supervision and clinical risk management.
2
Zoppei, Verena. "“Tax evasion as a predicate offence for money laundering”." Thesis, University of the Western Cape, 2012. http://hdl.handle.net/11394/4448.
Full textAbstract:
Magister Legum - LLMThis paper discusses the progress of international anti-money laundering (AML) law with regard to making tax evasion a predicate offence for the crime of money laundering (ML). This paper will focus particularly on the recent amendments that the Financial Action Task Force (FATF) made to its 40 + 9 Recommendations. The FATF Recommendations are recognised as the global AML standards. The amendments to these have resulted in tax crimes being made designated offences for ML. The aim of this paper is to reconstruct the rationale behind this change and to assess the implications of bringing fiscal crimes under the AML regime.
3
Mullin, Stephen. "Does executive functioning predict behaviour change in offenders following the enhanced thinking skills programme?" Thesis, Lancaster University, 2004. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.423928.
Full textAbstract:
This thesis investigated the relation between executive functioning and behavioural change in offenders following the Enhanced Thinking Skills (ETS) cognitive rehabilitation programme. A literature review was undertaken which investigated the relation between impaired executive functioning (IEF) and violent behaviour. It also examined and compared rehabilitation programmes available for both medical patients with impaired EF and for offenders. The review concluded that an increased propensity for aggression and violent behaviour is a possible consequence of impaired EF and that aggressive offenders are more likely than the general population to have impaired executive functioning. Medical rehabilitation strategies for aggressive patients and forensic rehabilitation strategies for violent offenders were both found to focus upon teaching skills related to executive functioning. It was therefore hypothesised that the cognitive skills rehabilitation programmes in use within the HM Prison Service may be particularly effective with offenders with IEF. An experimental study was undertaken to investigate whether behaviour change following ETS could be predicted by the offenders' IEF. It also addressed whether this predictive function was above and beyond that predicted by IQ, demographic information and social compliance. These factors were measured and entered into regression analyses, with the post ETS changes in the positive and negative scales of the Behaviour Rating Scale as the independent variables in two separate analyses. Aspects of executive functioning were found to be predictive of outcome, with those with poorer executive functioning showing the most improvement. Participantage and number of previous convictions was found to be predictive of reductions in negative behaviour but not of improvements in positive behaviour; with older participants and those with more previous convictions showing the greatest degree of improvement. The strengths and limitations of the study were then critically reviewed.
4
Bogdanoff, Michael Daniel, and Harvey Darnell Hamm. "Can recidivism be predicted among rapists and pedophiles during their first year of parole in the state of California?" CSUSB ScholarWorks, 2000. https://scholarworks.lib.csusb.edu/etd-project/1595.
Full textAbstract:
A multi-regression analysis was performed utilizing the variables, age, ethnicity, criminal background, and facets of treatment, but differentiated between the rapist and pedophile, examining the variance of recidivism.
5
WU, PO-YAO, and 吳柏垚. "The Research on the Offences and the Predicate Measures in Anti-Money Laundering Act." Thesis, 2018. http://ndltd.ncl.edu.tw/handle/3tx4q7.
Full textAbstract:
碩士國立臺北大學
法律學系一般生組
106
What kind of image does contemporary money laundering present? This question seemed to be answered in 2016. But its answer is difficult to learn by our country's past understanding of money laundering, so now seems to be a good time to think about money laundering in a new framework. The inadequacy of three-stage distinction of money laundering and the characteristics confirmed that the concept of money laundering in the past is indeed not in line with contemporary money laundering. After sorting out the evolution of international conventions, this paper believes that we should say goodbye to the thinking of judicial-prosecution-protection in the past and think about money laundering with a cash flow management attitude. Such an attitude is not unique to Taiwan. Foreign law also has a money laundering system based on such ideas. This article introduces and analyzes the anti-money laundering networks of Germany and the United States, including the core money laundering offences and the extension of the predicate measures. The predicate measures can be further divided into front-end preventive measures and back-end preventive recidivism measures. The former refers to various obligations imposed on individuals or financial institutions; the latter refers to various special forfeiture. The core of the Germany and the United States for the prevention and control of money laundering has also created a different thinking of money laundering and prevention. The difference between two countries also represents the wrestling of two different core thinking. This kind of wrestling can provide Taiwan rich comparative resources. After ending the comparison of foreign laws, this article then analyzes the new anti-money laundering act in 2016. The same is the case of money laundering, predicate measures (including front-end preventive measures and back-end preventive recidivism measures). In this paper, the financial relationship network is taken as the core, and these three blocks are criticized with the financial relationship network. In conclusion, this paper believes that we should carefully examine the differences between Taiwan and the US anti-money laundering network, and carefully consider the part of the criminal procedure law involved in this amendment to avoid the problems that money laundering may encounter in the criminal prosecution process.
6
Chitengi, Justine Sipho. "Pertinent legal issues and impediments fettering the successful prosecution of the crime of money laundering and its predicate offences in Zambia: proposed reforms." Thesis, 2009. http://hdl.handle.net/11394/3412.
Full textAbstract:
Magister Legum - LLMThe law relating to money laundering is not a new branch of law although it seems to be just emerging in this modern era of advanced technology and organised crime. It evolved in the 18th century with the case of Rex v William Kidd et al1 from the so-called golden age of piracy. With the increase in the sophistication of the world economy, the techniques of money laundering have become correspondingly complex, leading to incoherent and uneven prosecutorial policies with regard to crimes related to money laundering. This is specially so in developing African countries like Zambia, where the legal system is still evolving on this terrain. Inevitably, a lot of pertinent legal issues and impediments remain unresolved, particularly when prosecuting highcalibred white collar perpetrators such as former heads of state.
7
Moodley, M. S. (Maiendra Sadanandan). "Money laundering and countermeasures : a comparative security analysis of selected case studies with specific reference to South Africa." Diss., 2008. http://hdl.handle.net/2263/30385.
Full textAbstract:
This study focuses on examining the security implications of money laundering and countermeasures, with reference to South Africa. The purpose of this study was to establish the following: - What is the extent, and what are the security implications of money laundering in South Africa;
- whether the current money laundering countermeasures in South Africa were effectively implemented from 1994 up to the end of 2006;
- if South Africa could implement better money laundering controls when compared to the G7/8 countries; and
- what the factors were that influenced money laundering in South Africa, compared to the G7/8 countries
- That there are still shortcomings in the practical application of money laundering countermeasures in South Africa, despite these countermeasures being based on the legislative measures adopted by the G7/8 countries; and
- money laundering promotes crime and corruption in South Africa.
Dissertation (M(Security Studies))--University of Pretoria, 2008.
Political Sciences
unrestricted
8
Lebeya, Seswantsho Godfrey. "Defining organised crime: a comparative analysis." Thesis, 2012. http://hdl.handle.net/10500/6547.
Full textAbstract:
The most challenging and spoken criminal phenomenon today is indisputably organised crime. It is a crime that both the general public, business community, commentators, researchers, scholars, journalists, writers, politicians, prosecutors, jurists and presiding officials debate with different interpretation and understanding of the concept as well as the manifestation of the phenomena. Debates on the subject have seen the dawn of rival terminologies of organised crime and crimes that are organised.
While the United Nations has not assisted the nations in finding a definition of what organised crime is, the confusion has spread throughout the globe and South Africa has not been spared the pandemonium.
The objective of this study is to comparatively assess the present understanding and setup in South Africa in comparison with Italy, Tanzania and the United States of America, identify the root causes of the confusion and find possible remedies to liberate the situation. The research concludes with the findings and recommendations.Criminal & Procedural Law
LL.D.
9
"Different Dimensions of Anxiety Differentially Predict Binge Drinking among Juvenile Offenders." Master's thesis, 2014. http://hdl.handle.net/2286/R.I.25890.
Full textAbstract:
abstract: Although research has documented robust prospective relationships between externalizing symptomatology and subsequent binge drinking among adolescents, the extent to which internalizing symptoms increase risk for drinking remains controversial. In particular, the role of anxiety as a predictor of binge drinking remains unclear. Recent evidence suggests that one possible reason for these mixed findings is that separate dimensions of anxiety may differentially confer risk for alcohol use. The present study tested two dimensions of anxiety - worry and physiological anxiety -- as predictors of binge drinking in a longitudinal study of juvenile delinquents. Overall, results indicate that worry and physiological anxiety showed differential relations with drinking behavior. In general, worry was protective against alcohol use, whereas physiological anxiety conferred risk for binge drinking, but both effects were conditional on levels of offending. Implications for future research examining the role of anxiety in predicting drinking behavior among youth are discussed.Dissertation/Thesis
Masters Thesis Psychology 2014
10
Wilsdorf, Jan Ondřej. "Trestný čin legalizace výnosů z trestné činnosti podle § 216 trestního zákoníku." Master's thesis, 2019. http://www.nusl.cz/ntk/nusl-396690.
Full textAbstract:
The Crime of Money Laundering under Section 216 of the Czech Criminal Code Abstract The diploma thesis aims to examine the crime of legalization of proceeds of criminal activities in its narrower sense, i.e. the crime under S. 216 (2) of the Czech Criminal Code. This crime is referred to as "the crime of money laundering" throughout the thesis, as opposed to the crime of possession of stolen goods under S. 2016 (1) of the Czech Criminal Code. The opening chapter reviews the terminology used by Czech law. Then the thesis briefly addresses the phenomenon of money laundering in a broader context; this chapter also provides with statistics of criminal prosecutions for the named crime in the Czech Republic. In a separate chapter, the thesis names some of the most essential international documents adopted in the area of combating money laundering so far. The thesis then describes and evaluates the evolution of the crime of money laundering under Czech criminal law, namely regarding the respective amendments of the law. The following chapter then analyses the most significant elements of the crime of money laundering, and as such, it represents the centrepiece of the thesis. From this analysis, several important and disputed questions arise and are examined further. The thesis emphasizes e.g. the issue of...
Books on the topic "Predicate offences"
1
Greenwood, Peter W. Selective incapacitation revisited: Why the high-rate offenders are hard to predict. Santa Monica, CA: RAND, 1987.
Find full text
2
Laukkanen, Manne. Geographic profiling: Using home to crime distances and crime features to predict offender home location. Helsinki: Nord Print, 2007.
Find full text
3
Craissati, Jackie, and Colin Campbell. Making an impact: Have we got it right yet? Oxford University Press, 2018. http://dx.doi.org/10.1093/med/9780198791874.003.0008.
Full textAbstract:
This concluding chapter adopts a formulation-based approach to reflect on the tough question of whether the Offender Personality Disorder (OPD) pathway has achieved a real impact in terms of the national strategy’s high-level outcomes. First, the explicit and implicit premises of the former Dangerous and Severe Personality Disorder (DSPD) developments are considered, contrasting them with those underpinning the OPD pathway strategy. It is suggested that while DSPD was predicated on an illness model, the OPD strategy more accurately reflects a public health model, with the associated benefits and disadvantages. Second, the evidence for impact to date is summarized. Third, the high-level strategy outcomes are reworked in line with our theoretical model to achieve a more coherent articulation of the hypothesized mechanism of change within the pathway.
4
Wolff, Nancy. A General Model of Harm in Correctional Settings. Edited by John Wooldredge and Paula Smith. Oxford University Press, 2016. http://dx.doi.org/10.1093/oxfordhb/9780199948154.013.33.
Full textAbstract:
The literature on inmate “harm” and inmate victimization within prison settings is reviewed with emphasis on the prevalence, predictors, and consequences associated with inmate misconduct, physical victimization, and sexual victimization in prison. The degree of overlap between “offenders” and “victims” is also discussed. The relevance of considering both inmate and facility characteristics for a more comprehensive understanding of both violent and property victimization is underscored. The potential impact of victimization on inmates’ feelings of safety is also covered. Strategies for preventing victimization and their limitations (e.g., protective custody, administrative segregation, disciplinary custody, prison transfers) are reviewed. A dyadic model of harm is developed that draws on routine activities theory and rational choice theory, to more clearly and systematically predict the effects of harm- and victim-propensity attributes of incarcerated people and correctional facilities on levels of harm.
5
Glannon, Walter. Psychiatric Neuroethics. Oxford University Press, 2018. http://dx.doi.org/10.1093/med/9780198758853.001.0001.
Full textAbstract:
This book is an analysis and discussion of questions at the intersection of psychiatry, neuroscience, philosophy, and law that have arisen from advances in psychiatric research and clinical psychiatric practice in the last 30 years. Are psychiatric disorders diseases of the brain, caused by dysfunctional neural circuits and neurotransmitters? What role do genes, neuroendocrine and neuroimmune interactions, and a person’s response to the environment play in the development of these disorders? How do different explanations of the etiology and pathophysiology of mental illness influence diagnosis, prognosis, and decisions about treatment? How do psychiatric disorders affect consciousness and agency? Could the presumed salutary effects of neural interventions for pathological thought and behavior change one’s mental states in undesirable ways? What are the social justice issues regarding access to treatment and experimental and innovative interventions for treatment-refractory conditions? What are the obligations of clinicians and researchers to patients and research subjects in psychiatry? Could the interests of society in preventing recidivism and public harm override the cognitive liberty of criminal offenders with a psychiatric disorder to refuse a therapeutic intervention in the brain? Would it be rational for a person with a chronic treatment-resistant disorder to request euthanasia or assisted suicide to end his suffering? Could psychiatric disorders be predicted and prevented? The book examines these questions in a comprehensive, systematic, and thematically integrated way. It is written for a multidisciplinary audience, including psychiatrists, neurologists, neurosurgeons, philosophers, psychologists, legal theorists, and informed lay readers.
Book chapters on the topic "Predicate offences"
1
Frase, Richard S., Julian V. Roberts, and Rhys Hester. "Adverse Impacts on Offense-Based Proportionality and Prison-Use Priorities." In Paying for the Past, 114–27. Oxford University Press, 2019. http://dx.doi.org/10.1093/oso/9780190254001.003.0007.
Full textAbstract:
This chapter shows how powerful criminal history enhancements undermine important goals of guidelines reforms. First, these enhancements undermine the goal of making punishment severity proportional to the seriousness of the offense for which the offender is being sentenced; if prior record receives more weight in sentencing, conviction offense seriousness receives less weight. Second, these enhancements counteract the goal of reserving expensive prison beds for offenders convicted of violent crimes—powerful criminal history enhancements shift the balance of prison admissions and inmate stocks toward property, drug, and other nonviolent offenders. Third, prior record enhancements change the composition of prison populations by risk level—older offenders often have more prior convictions but declining recidivism risks, so criminal history enhancements increase the number of aging, low-risk prison inmates. The formulaic nature of such enhancements also over-predicts the risk level of some younger offenders. The chapter concludes with proposals for limiting these adverse effects.
2
Day, David M., and Margit Wiesner. "Predictors and Correlates of Criminal Trajectory Groups." In Criminal Trajectories, 169–203. NYU Press, 2019. http://dx.doi.org/10.18574/nyu/9781479880058.003.0007.
Full textAbstract:
This chapter reviews the literature on developmental predictors and correlates of high-rate-chronic offense trajectories identified in trajectory studies. A number of studies have identified that a small group of offenders account for a disproportionate number of offenses. Therefore, understanding the developmental precursors of this pernicious group may inform early intervention and prevention programs. To set the stage for the discussion, key terms, such as risk factors, correlates, and causal risk factors, are differentiated and defined to provide conceptual clarification. Findings across studies suggest that no one variable in childhood or adolescence emerged as a significant predictor or correlate of the high rate, chronic trajectory group. Rather, multiple variables across various life domains (e.g., family, peer, school, and neighborhood) predicted trajectory membership. Further research is needed to understand the potential causal mechanisms linking risk factors to criminal outcomes.
3
Groff, Elizabeth, and J. Thomas McEwen. "Disaggregating the Journey to Homicide." In Geographic Information Systems and Crime Analysis, 60–83. IGI Global, 2005. http://dx.doi.org/10.4018/978-1-59140-453-8.ch004.
Full textAbstract:
This research examines the distance traveled by offenders and victims to their involvement in homicide. Key research topics include (1) the differences in distance traveled by offenders and victims by homicide motive, (2) the differences in distance traveled by offenders and victims by sex and age, and (3) the relationship between street distance and Euclidean distances by type of homicide. Findings indicate that there are clear differences in travel behavior between victims and offenders. In addition, travel distance to event location varies according to the demographic characteristics of the offender and victim. Related to the method of measurement, street distance is always longer than Euclidean distance and there is a strong and consistent linear relationship, making it possible to predict street distance from Euclidean distance. A Pareto-exponential function was determined to be a good model for representing the distances that offenders travel to their crimes. This research will assist police practitioners with respect to investigations (for example, aid in refining suspect lists) and homicide prevention (for example, by developing richer information about activity spaces of offenders and victims).
4
Tonry, Michael. "Prediction and Incapacitation." In Doing Justice, Preventing Crime, 147–86. Oxford University Press, 2020. http://dx.doi.org/10.1093/oso/9780195320503.003.0007.
Full textAbstract:
Predictions of future violence by individuals are substantially more often wrong than right. Minority offenders are more often incorrectly predicted to be violent than are white offenders. White offenders are more often incorrectly predicted to be nonviolent than are minority offenders. Use of socioeconomic status variables is per se unjust and disproportionately affects minority offenders. Use of criminal history variables exaggerates differences between minority and white offenders, and increases racial and ethnic disparities. It is unjust ever to punish someone more severely than he or she deserves because of a prediction of dangerousness (or for any other reason). Increasing the severity of a sentence on the basis of risk prediction punishes offenders in advance for crimes they would not have committed. Judges and others using prediction instruments more often disregard low-risk predictions for poor and black offenders than for affluent ones.
5
"Chapter VI: Should the ML Offence Apply to the Person Who Committed the Predicate Offence?" In Rethinking Money Laundering & Financing of Terrorism in International Law, 371–92. Brill | Nijhoff, 2013. http://dx.doi.org/10.1163/9789004207158_008.
Full text
6
"Theoretical Predicates of Crime Prevention: Offenders and Environments." In Planning for Crime Prevention, 34. Routledge, 2004. http://dx.doi.org/10.4324/9780203645055-12.
Full text
7
Crossman, Virginia. "Attitudes and Responses to Vagrancy in Ireland in the Long Nineteenth Century." In Crime, Violence and the Irish in the Nineteenth Century. Liverpool University Press, 2018. http://dx.doi.org/10.5949/liverpool/9781786940650.003.0015.
Full textAbstract:
This essay focuses on a special category of Irish crime: vagrancy. While vagrancy was a criminal offence in its own right, it was often its association with other forms of criminality and immorality that ensured ‘tramps’ could be viewed with fear and contempt in the Irish countryside. The relationship between crime and poverty has been a subject of considerable debate in numerous scholarly fields. This essay makes the important point that tramps were viewed with suspicion, not on account of their poverty intrinsically, but rather because they consciously rejected social norms in favour of an itinerant lifestyle. The ‘tramp problem’ occupied the attentions of the public and the administrators alike at the turn of the century: the former sometimes startled by the arrival at their door of a ‘big lazy fellow’ demanding relief, and the latter busily issuing circulars to magistrates and police imploring them to clamp down on the offenders. In the end, however, an unsatisfactory justice system predicated on punishment merely reinforced existing prejudices and did little to alleviate the social inequality that gave rise to vagrancy in the first place.
8
Caslin, Samantha. "Regulating Interwar Prostitution." In Save the Womanhood!, 62–84. Liverpool University Press, 2018. http://dx.doi.org/10.3828/liverpool/9781786941251.003.0004.
Full textAbstract:
During the interwar years, the state became concerned about an escalation in the extent to which notions of promiscuity and prostitution were overlapping in public discourse. The ‘common prostitute’ had long been used as a cultural and legal reference point against which all standards of female sexual morality were judged. This marginalisation of women who worked as prostitutes was predicated on the prejudicial notion that they were different to other women. Yet, by the 1920s, changes in women’s lifestyles were challenging this form of moral categorisation, and the Street Offences Committee (1927-8) was formed to review the solicitation laws. However, this chapter argues that the creation of the Committee was not a product of concerns about the unfairness of criminalising prostitutes. Instead, the Committee was the product of the Home Office’s concern that a perceived erosion in the notional boundary between promiscuity and prostitution had made solicitation harder to police. Moreover, in paying particular attention to witness statements given to the Committee by members of the Liverpool Women Police Patrols, the chapter shows that even arguments against using the law to control prostitution did not necessarily seek to challenge the idea that the prostitute was morally transgressive.
9
Borwell, Jildau, Jurjen Jansen, and Wouter Stol. "Human Factors Leading to Online Fraud Victimisation." In Advances in Digital Crime, Forensics, and Cyber Terrorism, 26–45. IGI Global, 2018. http://dx.doi.org/10.4018/978-1-5225-4053-3.ch002.
Full textAbstract:
With the advent of the internet, criminals gained new tools to commit crimes. Crimes in which the use of connected information technologies is essential for the realisation of the offence are defined as cybercrimes. The human factor is often identified as the weakest link in the information security chain, and it is often the behaviour of humans that leads to the success of cybercrimes. In this chapter, end-user characteristics are studied that may predict cybercrime victimisation. This is done by means of a review of the literature and by a study on personality traits. More specifically, personality traits from the big five are tested on victims of three different types of online fraud, phishing, Microsoft fraud, and purchasing fraud, and are compared with norm groups of the Dutch population. This chapter ends with implications for online fraud prevention and possibilities to advance the study of cyber victimisation.
10
Gilbert, Frédéric, and Susan Dodds. "Is There Anything Wrong With Using AI Implantable Brain Devices to Prevent Convicted Offenders from Reoffending?" In Neurointerventions and the Law, 113–26. Oxford University Press, 2020. http://dx.doi.org/10.1093/oso/9780190651145.003.0005.
Full textAbstract:
The world’s first clinical trial using advisory brain implant operated by artificial intelligence (AI) has been completed with significant success. The tested devices predict a specific neuronal event (epileptic seizure), allowing people implanted with the device to be forewarned and to take steps to reduce or avoid the impact of the event. In principle, these kinds of artificially intelligent devices could be used to predict other neuronal events and allow those implanted with the device to take precautionary steps or to automate drug delivery so as to avoid unwanted outcomes. This chapter examines moral issues arising from the hypothetical situation where such devices controlled by AI are used to ensure that convicted criminal offenders are safe for release into society. We distinguish two types of predictive technologies controlled by AI: advisory systems and automated therapeutic response systems. The purpose of this chapter is to determine which of these two technologies would generate fewer ethical concerns. While there are moral similarities between the two technologies, the latter raises more concerns. In particular, it raises the possibility that individual moral decision-making and moral autonomy can be threatened by the use of automated implants.
Conference papers on the topic "Predicate offences"
1
Paunović, Nikola. "TERRORIST FINANCING AS THE ASSOCIATED PREDICATE OFFENCE OF MONEY LAUNDERING IN THE CONTEXT OF THE NEW EU CRIMINAL LAW FRAMEWORK FOR THE PROTECTION OF THE FINANCIAL SYSTEM." In EU AND MEMBER STATES – LEGAL AND ECONOMIC ISSUES. Faculty of Law, Josip Juraj Strossmayer University of Osijek, 2019. http://dx.doi.org/10.25234/eclic/9025.
Full text