Journal articles on the topic 'Project on Minimum Standards for Criminal Justice'

<p>Due to the growing problems of overcrowding and prison congestion in Nigeria, the need to conduct this pro bono study became imperative. This study is a needs assessment, evaluation and fact finding of the challenges and access to judges problems of detainees of Abakaliki and Afikpo Federal Prisons in Ebonyi State Nigeria. Bearing in mind the UN Standard Minimum Rules and other instruments in international law, the project report generally captures the following information:-</p><ul><li>State of the Structure of the prisons </li><li>Infrastructure at the prisons </li><li>Facilities at the prisons </li><li>Welfare of the inmates at the prison </li><li>Welfare of the prisons staff </li><li>Access to Justice by the inmates and</li><li>Other ancillary issues such as children in prison, over age in prison, nature of offences etc. </li></ul><p>In carrying out this study, empirical method of data collection and analysis was used. The two prisons in the state were visited and 250 prisoners responded to both the questionnaire and direct interview. Some staff of the Nigerian Prison Service and warders were also interviewed. The findings of this study were significant and highly revealing. The study specifically highlights certain issues of concern and proffers recommendations to address identified challenges. The report would serve as a national and international reference material as well as a programmatic tool for working out specific programmes and interventions to address the myriad problems facing the Nigerian prison system specifically, and the criminal justice administration system in Nigeria generally. The findings in this project are significant, the recommendations rich, we enjoin the government and development partners to implement them.</p><p> </p>

The aim of this study is to discuss the topic of plea negotiations in criminal procedures from a European perspective. The first part of the paper weighs up the advantages and disadvantages of the recent massive spread of negotiated justice in Europe and discusses the best way to reduce the risks involved with this phenomenon. The second part sets out to illustrate how the first EU Directives, adopted under Article 82 tfeu, have contributed to fairer legal institutions based on negotiations and agreements. The final part of the paper casts a glance at the future, and considers whether it would be appropriate for European institutions to adopt minimum standards on negotiated criminal justice.

Articles 82(3) and 83(3) tfeu give Member States the possibility to suspend the legislative procedure of eu criminal law. Article 82(3) allows that kind of emergency brake mechanism for the process of adopting minimum standards for harmonising rules of criminal procedure enhancing judicial cooperation in criminal matters and Article 83(3) for establishing minimum rules concerning the definition of criminal offences and sanctions. A Member State can only use the emergency brake clause when the proposal for the directive would affect the fundamental aspects of its criminal justice system. This prerequisite deserves a closer analysis, therefore the aim of this article is to interpret the meaning of tfeu articles 82(3) and 83(3) to better understand the limitations of the harmonisation of criminal law in the European Union.

Recent practices in the administration of youth justice across Australian state and territory jurisdictions reveal a powerful tension between the punitive imperative of “tough on crime” political populism, and internationally agreed minimum standards relevant to the treatment of children. In questioning the extent to which human rights standards can and should be used as a useful tool to counter punitive youth justice practices, this article identifies major points of discrepancy between Australia’s international legal obligations and the doctrine and operation of domestic criminal law as it applies to children in conflict with the law. Examining youth justice “crises” in two Australian states, the Northern Territory and Victoria, the article concludes that while child rights are not directly justiciable in Australia, global standards on youth justice provide a unifying discourse that is resistant to the vagaries of populism, and which can guide reform for child rights compliant youth justice legislation and practice.

This analysis attempts to project changes in types of crime and criminal justice response to crime in the early decades of the 21st century by assuming continuity in the technological, economic, and political trends of the last years of the 20th century. I predict that shifts in general rates of crime will be less important than changes in particular types of offense in stable nations, and that rates of. property crime will show more transnational similarity than rates and trends in serious violence. With respect to criminal justice practices, both technology and normative standards will exert pressure toward greater similarity in criminal justice practice among developed nations, with normative pressure being the more important for legal proceedings and punishment than technical change. The executioner is threatened by this trend, even in the United States. The prison warden has comfortable job security.

AbstractThe traditional vision that international courts and tribunals do ‘good’ or create a better world through law is increasingly under question. International criminal justice started largely as a ‘faith’-based project, but is increasingly criticized in light of its actual record and impact. This essay examines this journey and, in particular, the role of ‘faith’ and ‘fact’ in the treatment and assessment of international criminal courts, through four core themes (‘effectiveness’, ‘fairness’, ‘fact-finding’, and legacy’) addressed in André Gide's version of the parable of The Return of the Prodigal Son. It argues that, in its ‘homecoming’, international criminal justice would benefit from a greater degree of realism by openly accepting its limitations and embracing its expressivist function. It cautions at the same time against exclusively quantitative understandings of impact, arguing that the power of international courts and tribunals lies not so much in their quantitative record as in their role in setting a moral or legal example or shaping discourse. It concludes that a better match between ‘idealism’ and ‘realism’ requires greater attention to the interplay between ‘international’, ‘domestic’, and ‘local’ responses to conflict, as well as recognition of their legitimate differences.

In recent years, more and more attention has been focused on the interests of crime victims, including their enlarging role in criminal proceedings. The procedural rights of, and assistance to, victims of crime are gradually becoming essential aspects of contemporary criminal justice systems. In the transnational context at the European Union level, the Directive 2012/29/EU establishing minimum standards on the rights, support and protection of victims of crime is of significant importance as this legal instrument contains some concrete rights for victims of crime and clearer obligations imposed on the competent national authorities. Unfortunately, in many EU Member States the regulations on the standing victims in criminal proceedings are not properly or fully implemented into national legislation. This paper aims to give some insight to the provisions of the EU Victims’ Directive, and also the issue regarding its transposition into the Polish legal order.

The article addresses the development of international and European policy in relation to victims of crime. It starts with an outline of the 1985 United Nations (UN) Declaration of Basic Principles of Justice for Victims of Crime and Abuse of Power. It demonstrates that compliance by Member States with the provisions of the Declaration is still unsatisfactory, despite serious efforts by the UN to promote its standards and norms. A similar trend is described on a regional level in Europe. In 2001, the European Union adopted a Framework Decision (a legally binding instrument) on minimum rights for crime victims in the criminal justice system. This document brought some improvement to victims and their position compared to the UN Declaration, particularly in terms of limit repeated questioning, advanced informational rights, reimbursement of expenses and construction of court facilities. Nevertheless, evaluations undertaken in 2004 and 2009 have proved that none of the Member States fully complied with its content. This document was replaced with the new one - the EU Directive on establishing minimum standards on the rights, support and protection of victims of crime. It is stronger instrument than the Framework Decision and it includes more demanding standards. But, its implementation needs to be monitored. Therefore, in the presentation it is argued that a lack of compliance is usually followed by the adoption of an even stronger legal instrument, containing even more ambitious rights for victims of crime. It is questioned whether this is the most productive approach. It is doubted that ?hard law? is always more effective than ?soft law?. The most recent generation of more elevated rights run the risk of leading to ?victim fatigue? on the part of the officials responsible for the operation of the criminal justice system.

This article is about the rules on age and crime in relation to juveniles in mainland China. It starts with an outline of the Chinese law on age and crime in relation to children and young people. This is followed by a brief analysis of the international legal framework – norms, standards, rules and guidelines – pertaining to global child protection and juvenile justice policies. It then moves on to examine juvenile justice policy and practice in China, the reality of juvenile offending in the country and, accordingly, the calls for reform of the age of criminal responsibility. Finally, it concludes that China’s problem is not about a low age of criminal responsibility or resistance to the international law, but more to do with a deeper understanding of it and implementation. From a comparative perspective, it utilises China as a case study to claim that attention in juvenile justice in any given jurisdiction should be shifted away from (re)setting the minimum crime age to the development of child-centred juvenile justice that should be research-informed, under the human rights framework and that moves away from the legal institutions and the disproportionate punitive interventions.

By focusing on the adoption of EU minimum standards in the field of procedural rights in criminal proceedings, this article will assess the relationship between secondary law harmonisation, and the principles of effectiveness of EU law and of effective judicial protection in Europe's area of criminal justice. This article will begin by exploring the third pillar legacy on harmonisation, by focusing on what the EU has not done (i.e.to legislate on a horizontal instrument on defence rights) and what the EU has done (i.e.to legislate specifically on judgments in absentia with the specific purpose of clarifying, and in some instances limiting, the grounds for refusal in a number of EU mutual recognition measures). The analysis will then examine the impact of the entry into force of the Lisbon Treaty and will evaluate critically the impact of EU harmonisation measures on defence rights on effective judicial protection. The analysis will focus on the relationship between EU law and national law, as well as on the relationship between EU law and the Charter and ECHR. Great emphasis will be placed on the strengthening of enforcement avenues offered by the normalisation of EU criminal law after Lisbon. These avenues have the potential to ensure that, even minimum, harmonisation measures in the field of defence rights can have a real impact on enhancing effective judicial protection and achieving the effectiveness of EU legislation on the ground.

Criminal procedure standards of preventing secondary victimization are examined through the prism of European documents of advisory nature that contain a number of regulations that establish minimum standards of the rights of victims and the duties of the state to protect them. The authors prove a vital role that criminal procedure legislation plays in the general mechanism of preventing such a negative phenomenon as secondary victimization of a crime victim. Taking into consideration the etymological characteristics of the concept of «standard», the authors formulate a definition of standards for preventing secondary victimization of crime victims and determine their system. It consists of an aggregate of interconnected elements: the state’s compensation to a victim for damage caused by the crime; provision of access to justice for victims and the use of criminal proceedings that are unburdensome for the victims; provision of an opportunity for the victim to actively participate in criminal proceedings; provision of legal, psychological, medical and social help to the victim; guarantee of a right to safety for the victim and their family members; a system of extra guarantees of the rights and interests of vulnerable victims. The article also highlights key discrepancies between Ukrainian legislation and some of the above-mentioned standards and presents ideas on eliminating them. Specifically, the authors pay attention to the necessity of creating a Foundation for the protection of the rights of crime victims, whose main purpose would be the compensation of damages to the victims. As for the use of unburdensome criminal procedures, it is suggested that the Criminal Procedure Code of Ukraine should include a norm that states that the involvement of a victim in investigation activities that infringe on their rights and lawful interests should be kept to a minimum and should only be carried out when it is necessary for criminal proceedings. It is noted that normative regulation of the time frame for criminal proceedings at their specific stages should be regulated. Besides, there is a necessity for statutory determination of a general prohibition to disclose information on victims of certain types of crimes that would make it possible to identify the victim, etc.

The complex, intricate process of felony sentencing in Ohio makes ensuring clear, comprehendible sentences of the utmost import for the administration of justice and promoting confidence in the system. As such, for more than a year, the Ohio Criminal Sentencing Commission worked with justice system partners to develop a package of uniform felony sentencing documents that prescribe the most clear and concise, minimum language required to comply with Criminal Rule 32 and existing case law and establishes standardized, common data essential for identifying relationships and trends common to all felony courts. The adoption of the package of felony sentencing documents is the first step to begin standardized, aggregate felony sentencing data collection in Ohio—the Ohio Sentencing Data Platform. Sentencing data provide opportunities for robust research, including the ability to parse comparative data between counties, recognizing that community standards can drive law enforcement, prosecution, and sentencing decision-making. The Ohio Sentencing Data Platform will improve information about the people we are trying to help in the criminal justice system and has been met with enthusiastic interest and support from judges and courts throughout the state. Our modest, incremental path will ultimately yield high dividends in building public trust in criminal justice processes and outcomes. At the same time, without fiscal or administrative burden, it will help give judges and decision- makers access to the best information available to perform their public service duty in the most impactful way.

The European Union has traditionally had a limited role in the area of criminal justice enforcement. Many other areas of EU law involve detailed legislation and direct involvement, but in relation to criminal law the EU has thus far been limited to a coordinating and harmonising role. There are, for example, certain minimum standards set on the national definitions of some serious criminal offences, and an attempt has been made to harmonise the types and level of sanctions applicable to certain offences, but when it comes to actually prosecuting these crimes the Member States still reign supreme. In Ireland, the job of prosecuting criminal offences in the Courts falls ultimately on the Director of Public Prosecutions (DPP). This could be set to change, however, as a regulation is currently (slowly) working its way through the EU legislature that would set up a European Public Prosecutor’s Office (EPPO), which could effectively ...

The most persistent problem in American policing is style: the police are continually challenged to perform according to the community's expectations of how police ought to perform. During the 1960's, the violent confrontations between police and minority communities forced the convening of the National Advisory Commission on Criminal Justice Standards and Goals which examined the entire criminal justice system and offered recommendations for improvement. In the case of poor minority communities, the Commission recommended that the police adopt a particular style, the team policing model, in order to obtain better cooperation from citizens and, ultimately, greater assistance in solving and preventing crimes. Team policing projects have emerged in many cities. Some have failed, others prosper. During 1977-78, I scrutinized one such program that failed. I chronicled the demise of a two-year team policing project conducted by the Pima County, Arizona, Sheriff's Department (PCSD) in the New Pascua Yaqui community located twenty miles southwest of Tucson, Arizona.

This article assesses critically the means by which social (symbolic) and statutory (institutionalized) constructions of child ‘offenders’ in England and Wales intersect and underpin processes of responsibilization and adultification. It is argued that securing immunity from prosecution should be the principal driver for raising the minimum age of criminal responsibility. In this sense the analysis is less concerned with questions of capacity and mens rea and more interested in: compliance with international human rights standards; modelling a system of justice that is broadly compatible with law, policy and practice in Europe (and elsewhere); ensuring that criminal law coheres with civil law; minimizing social harm and obtaining the best outcomes for children in conflict with the law, the wider community and the general public in respect of crime prevention and community safety. Finally, the prospects for such progressive reform within a context of heightened politicization are considered.

<p>The European Union is committed to protect and establish minimum standards with regard to victims of crime. Directive 2012/29/EU of the European Parliament and of the Council of 25 October 2012 establishing minimum standards on the rights, support and protection of victims of crime. The Directive builds upon the key principle of the ‘role of the victim in the relevant criminal justice system’, so that any victim can rely on the same basic level of rights, regardless of their nationality and country in the EU in which the crime took place. The core objective of this Directive is to assume an individual approach to victims’ needs and to offer protection for victims of certain crimes, in particular, due to the risk of secondary victimisation. In this text, I am going to concentrate on the problem of enforcement of settlements reached in the presence of a mediator and to show samples of the results from qualitative and quantitative studies conducted in Łódź. The research aim is to show that the idea of restorative justice, in the light of the victim’s right to remedy of damage, when the settlement reached in the presence of a mediator is not performed, is fiction because it is only the perpetrator who benefits from the beneficial procedural effects of the settlement while the victim may be subject to secondary victimisation. I’d like to show a few important facts that should be taken into consideration when referring a case to mediation and when conducting a restorative justice process and current practice it in Poland.</p>

Since the early years of the European Arrest Warrant (EAW), fundamental rights concerns have been at the centre of the development of judicial cooperation in criminal matters that has taken place in the European Union (EU). The attempts to ensure compliance with minimum standards across the EU after Lisbon did not solve the other pressing issue in this area, namely the existence of different fundamental rights safeguards at the national level. Melloni tried to settle this dispute by limiting the protection of fundamental rights to those harmonized by EU law, but recent case law has questioned this approach. This article explores the possibility of applying Article 4(2) Treaty on European Union to protect a degree of legal diversity that contributes to improving the fundamental rights framework applicable to judicial cooperation measures. The goal is to analyse the possibility of implementing a limited constitutional identity exception that enables Member States to protect rights that are part of their constitutional identity. For this purpose, the recent case law of the Court of Justice of the European Union (CJEU) in the Taricco saga will be examined and compared with the way in which domestic courts have implemented national identity exceptions.

Russia's accession to the Council of Europe and the signing of relevant international agreements contributed to the development of regulations on the rights of a child and branching juvenile law in the Russian legal system. Meanwhile, it should be pointed out that processes of legal regulation in the field of the formation of the legislative basis of juvenile law are in some way incomplete, which is the result of the imperfection of the existing legal acts affecting the rights and interests of minors. The issue of the expediency of creating juvenile justice in Russia is being discussed for a long time in the legal papers and at the legislative level. The provision on the formation of juvenile justice was included in the 1991 Concept of Judicial Reform in the Russian Federation. Later, different authors worked out several draft Laws on Juvenile Justice. At parliamentary hearings in the State Duma, the prospects of creating juvenile courts in the system of courts of general jurisdiction were considered. Meanwhile, such close attention to the indicated problem does not have a significant impact on the increasing child and adolescent crime in the country. The plurality of the above-mentioned legal problems and their multifaceted nature necessitate improvement of justice in relation to minors. This raises a number of theoretical, legal, practical and ethical issues that require studying and adopting relevant decisions at the legislative level. Therefore, studies that allow analyzing the current Russian criminal procedure legislation from the point of view of the possibility of functioning of juvenile justice on its basis relying on international legal standards are really urgent. The criminal procedure legislation in the Russian Federation as a whole is focused on continuous improvement in the context of ensuring the maximum number of procedural guarantees of the legality of criminal proceedings, as well as observance of human rights with the application of their minimum restrictions, including in relation to such category of persons involved in criminal proceedings as minors. In this article, the authors consider the institution of juvenile justice as an additional guarantee of securing the rights of minors in criminal proceedings in Russia, propose the ways to address current and debatable aspects of this problem. The paper analyzes the current criminal procedural legislation, decisions of the Plenums of the Supreme Court of the Russian Federation as well as the judgements of the courts in specific cases concerning the problems of the study. In the study of individual topics of the issue, scientific literature as well as statistical data have been used. The conclusions and proposals made in the work are aimed at improving the current legislation of the Russian Federation and law enforcement practice, and can also be used in the educational process.

Directive 2012/29/EU, establishing minimum standards on the rights, support and protection of victims of crime, forms part of a package of measures designed to ensure that victims have the same basic level of rights throughout the EU regardless of their nationality or the location of the crime. One of the Directive’s innovations is a suite of measures designed to facilitate the participation of victims in the criminal process. The provisions include a right on the part of victims to be heard and a right to have their dignity protected when giving evidence. Although there has been a gradual strengthening of victims’ rights at national and international level, the concept of participation remains poorly defined and practice varies widely across the EU. The issue is particularly controversial in common law systems where victims are not assigned any formal role in the trial process. The traditional adversarial trial, designed to accommodate the prosecution and the defence, poses a structural obstacle to reform. However, recognising the limits of EU competence to legislate in the area of criminal justice, the member states have been afforded a wide margin of appreciation when implementing the Directive’s provisions on participation.

<p align="center"><strong>TELAAH YURIDIS PENERAPAN SANKSI DI BAWAH MINIMUM KHUSUS </strong></p><p align="center"><strong>PADA PERKARA PIDANA KHUSUS</strong><strong></strong></p><p align="center"><strong> </strong></p><p align="center"><strong> </strong></p><p align="center"><span style="text-decoration: underline;">Oheo K.</span><span style="text-decoration: underline;">Haris</span></p><p align="center">The School of Law, University of Halu Oleo, Kendari, Indonesia<strong></strong></p><p align="center"><strong>ABSTRAK:</strong></p><p>Penelitian ini dilaksanakan di Pengadilan Negeri di lingkungan Provinsi Daerah Istimewa Yogyakarta yang meliputi Pengadilan Negeri Sleman, kota Yogyakarta dan Bantul. Pengadilan tersebut dipilih dengan pertimbangan terdapat beberapa perkara yang menyangkut tindak pidana khusus. Tujuan penelitian : (1) untuk mengetahui apakah hakim boleh menjatuhkan sanksi di bawah standar minimum khusus pada perkara pidana khusus dan (2) untuk mengetahui apa dasar yuridis pemikiran hakim dalam menjatuhkan sanksi pidana di bawah minimum khusus pada perkara pidana khusus. Untuk mencapai tujuan tersebut, maka penelitian dilaksanakan dengan menggunakan rancangan penelitian hukum. Sampling meliputi subjek sampling yang ditentukan secara purposive. Bahan hukum terdiri dari: bahan hukum primer dan sekunder yang dikumpulkan melalui wawancara dan dokumentasi. Analisis dilakukan secara kualitatif. Hasil penelitian menunjukan : (1) Peranan hakim dalam penerapan sanksi minimum dalam tindak pidana khusus pada proses peradilan pidana sangat besar, yaitu sebagai pemberi putusan akhir, hakim berpedoman pada peraturan perundang-undangan. Dengan demikian, maka penulis berpendapat bahwa hakim tidak boleh menjatuhkan sanksi di bawah standar minimum. Dengan alasan bahwa negara Indonesia menganut Sistem Kontinental yakni hakim (sebagai pedoman pemidanaan) terikat oleh undangundang (aliran konservatif). Hal tersebut, sebagai realisasi asas the binding persuasive of precedent. Selain itu, konteks sanksi minimum yang terdapat dalam rumusan pasal terhadap tindak pidana khusus, secara terang dan jelas, terdapat pernyataan sanksi pidana yang memuat ketentuan maksimal dan minimal, sehingga tidak memerlukan penafsiran lanjutan. (2) Selain mengacu Pasal 103 KUHP dan 284 ayat (1) dan (2) KUHAP, dasar yuridis penerapan sanksi, hakim mengacu pada peraturan perundangundangan tindak pidana khusus yang mengatur ketentuan minimum khusus. Selain kedua pasal di atas, yurisprudensi dapat digunakan sebagai dasar yuridis dalam penjatuhan sanksi, dengan catatan, tetap mengacu ketentuan minimum sekurang-kurangya sama atau di atas minimum.</p><p>Katakunci : <em>Penerapan Sanksi dan Pidana Khusus</em><em></em></p><p><em> </em></p><p> </p><p align="left"> </p><p align="left"> </p><p align="left"> </p><p align="center"><strong>THE JURIDIS STUDY OF SANCTION APPLICATIONS UNDER SPECIAL MINIMUM</strong></p><p align="center"><strong>ON SPECIAL CREDIT CODES</strong><strong></strong></p><p align="center"><strong> </strong></p><p align="center"><span style="text-decoration: underline;">Oheo K.Haris</span><span style="text-decoration: underline;"> <br /> </span>The School of Law, University of Halu Oleo, Kendari, Indonesia</p><p align="center"><strong> </strong></p><p>This research was carried out in the District Court in the Province of Yogyakarta Special Region covering the District Court of Sleman, the city of Yogyakarta and Bantul. The court was chosen with consideration of several matters involving special crimes. The objectives of the study are: (1) to determine whether a judge may impose sanctions below minimum standards specifically on special criminal cases and (2) to find out what the judicial mind's juridical grounds in imposing criminal sanctions are below a special minimum on special criminal cases. To achieve these objectives, the research was conducted by using the research design law. Sampling includes the subject of sampling which is determined purposively. Legal material consists of: primary and secondary legal materials, they were collected through interviews and documentation. The analysis was done qualitatively. The results of the research show: (1) the judge had a big role in the application of minimum sanction in a special criminal act in the criminal justice process, namely as the final decision maker, the judge is guided by the legislation. Thus, the researcher argues that the judge should not impose sanctions below minimum standards. For that reason, the Indonesian state embraces the Continental System ie the judge (as a guideline of punishment) is bound by the law (conservative school). That is, as the realization of the binding persuasive principle precedent. In addition, the context of minimum sanctions contained in the formulation of the article on specific criminal acts, clearly contain statement of criminal sanctions containing the provisions of the maximum and minimum, so it does not require further interpretation. (2) In addition to referring to Article 103 of the Criminal Code and 284 paragraphs (1) and (2) of the Criminal Procedure Code, the juridical basis for the application of sanctions, judges refer to special criminal law legislation governing special minimum provisions. In addition to the above two chapters, jurisprudence may be used as a juridical basis in the imposition of sanctions, with a note, still referring to the minimum requirement of at least equal to or above the minimum.</p><p> </p><p>Keywords: Application of Special Penalties and Crimes</p>

In R v Christopher Killick [2011] EWCA Crim 1608, the Criminal Division of the Court of Appeal for England and Wales gave a decision setting out the rights of a crime victim to seek review of a Crown Prosecution Service (CPS) decision not to prosecute and concluded that victims have the right to seek review in such circumstances. This included a recommendation that the right to review should be made the subject of clearer procedures and guidance. This paper discusses article 10 of the Proposal for a Directive of the European Parliament and of the Council, (2011) 2011/0129 (COD) 18 May 2011 establishing minimum standards on the rights, support and protection of victims of crime (see article 11 Final Directive) as applied in the Killick case. The paper further discusses the implementation of Killick in prosecution policy, namely in the CPS guideline on the victims’ right to review (Director of Public Prosecutions for England and Wales 2014). The right to review will be canvassed in light the existing framework of victim rights available during the pre-trial phase and, in particular, the right to private prosecution, access to counsel, and adjunctive and extra-curial rights from declarations or charters of victim rights.

Article 40 of the United Nations Convention on the Rights of the Child requires states parties to take appropriate measures to ensure that children accused of committing offences are treated in a manner that would ensure that their best interests are upheld. South Africa ratified the CRC in 1995, the provisions of which have influenced the children’s rights clause in its 1996 Constitution. Section 28(1)(g) of the Constitution stipulates that children may not be detained, except as a measure of last resort and, should they be detained, it should be for the shortest appropriate period of time. Section 28(1)(g) goes further to give domestic effect to the following guarantees stipulated in Article 40 of the CRC: (1) the right to be treated in a manner, and kept in conditions, that take account of the child’s age; and (2) to have a legal practitioner assigned to the child. Recently, SA has enacted its Child Justice Act 75 of 2008, which came into operation on 1 April 2010. The question to be covered in this article is whether this Act truly complies with the international standards set by the CRC (15 years after SA ratified it); the general comments by the United Nations Committee on the Rights of the Child and other non-binding, yet persuasive instruments like the Standard Minimum Rules on the Administration of Juvenile Justice and the United Nations Rules for the Protection of Juveniles Deprived of their Liberty. This article only examines four aspects of the Child Justice Act, being: criminal capacity; pretrial release and detention; diversion; and sentencing. It concludes that, but for a few technical aspects of the Child Justice Act, SA took significant steps to comply with its international obligations when it domesticated the CRC in relation to children who commit offences.

Since the publication of the National Research Council Report titled: Strengthening Forensic Science in the United States: A Path Forward for the United States Department of Justice, there has been an international discussion on scientific character of fingerprint examination, and Poland has not been excluded from it. The approaches to fingerprint identification in the United States of America and Poland are completely different. In the first case, the holistic standard is used basing exclusively on the experience and conviction of the expert, and in the other one, numerical standard precisely determining the minimum number of consistent individual characteristics (minutiae) required for identification. Both standards have both advantages and significant drawbacks. A good way out of this situation would be finding a solution combing the holistic and numerical approaches and the project “Mapping of friction skin ridges impressions” implemented by the forensic experts of Fingerprint Examination Department in the Central Forensic Laboratory of the Police makes constitutes contribution to that.

Background Little is known about the effectiveness or cost-effectiveness of interventions, such as health trainer support, to improve the health and well-being of people recently released from prison or serving a community sentence, because of the challenges in recruiting participants and following them up. Objectives This pilot trial aimed to assess the acceptability and feasibility of the trial methods and intervention (and associated costs) for a randomised trial to assess the effectiveness and cost-effectiveness of health trainer support versus usual care. Design This trial involved a pilot multicentre, parallel, two-group randomised controlled trial recruiting 120 participants with 1 : 1 individual allocation to receive support from a health trainer and usual care or usual care alone, with a mixed-methods process evaluation, in 2017–18. Setting Participants were identified, screened and recruited in Community Rehabilitation Companies in Plymouth and Manchester or the National Probation Service in Plymouth. The intervention was delivered in the community. Participants Those who had been out of prison for at least 2 months (to allow community stabilisation), with at least 7 months of a community sentence remaining, were invited to participate; those who may have posed an unacceptable risk to the researchers and health trainers and those who were not interested in the trial or intervention support were excluded. Interventions The intervention group received, in addition to usual care, our person-centred health trainer support in one-to-one sessions for up to 14 weeks, either in person or via telephone. Health trainers aimed to empower participants to make healthy lifestyle changes (particularly in alcohol use, smoking, diet and physical activity) and take on the Five Ways to Well-being [Foresight Projects. Mental Capital and Wellbeing: Final Project Report. 2008. URL: www.gov.uk/government/publications/mental-capital-and-wellbeing-making-the-most-of-ourselves-in-the-21st-century (accessed 24 January 2019).], and also signposted to other options for support. The control group received treatment as usual, defined by available community and public service options for improving health and well-being. Main outcome measures The main outcomes included the Warwick–Edinburgh Mental Well-being Scale scores, alcohol use, smoking behaviour, dietary behaviour, physical activity, substance use, resource use, quality of life, intervention costs, intervention engagement and feasibility and acceptability of trial methods and the intervention. Results A great deal about recruitment was learned and the target of 120 participants was achieved. The minimum trial retention target at 6 months (60%) was met. Among those offered health trainer support, 62% had at least two sessions. The mixed-methods process evaluation generally supported the trial methods and intervention acceptability and feasibility. The proposed primary outcome, the Warwick–Edinburgh Mental Well-being Scale scores, provided us with valuable data to estimate the sample size for a full trial in which to test the effectiveness and cost-effectiveness of the intervention. Conclusions Based on the findings from this pilot trial, a full trial (with some modifications) seems justified, with a sample size of around 900 participants to detect between-group differences in the Warwick-Edinburgh Mental Well-being Scale scores at a 6-month follow-up. Future work A number of recruitment, trial retention, intervention engagement and blinding issues were identified in this pilot and recommendations are made in preparation of and within a full trial. Trial registration Current Controlled Trials ISRCTN80475744. Funding This project was funded by the National Institute for Health Research Public Health Research programme and will be published in full in Public Health Research; Vol. 7, No. 20. See the National Institute for Health Research Journals Library website for further project information.

The article is an overview and a deep analysis of standards in international and Polish legislation regarding the protection of the rights of a socially maladjusted child. The analysis of the evolution of juvenile responsibility rules indicates a complete change over the last century, both in juvenile proceedings and in ensuring their rights at every stage of the judicial proceedings as well as during social rehabilitation process. The modernity and quality of currently applicable regulations of juvenile problems is evidenced by the separation of juvenile legislation and dealing with juvenile, which primarily means going beyond the legal and criminal field and giving the entire system of dealing with juvenile an educational and protective character , both as to the content (philosophy) and the essence of the means used.. The basing of dealing with juvenile on the idea of education and the specific manifest of juvenile rights in social rehabilitation contains many acts of international law – the Convention on the Rights of the Child, the United Nations documents from 1985 to 1990, the United Nations Standard Minimum Rules for the Administration of Juvenile. Justice (“The Beijing Rules”), the United Nations Guidelines for the Prevention of Juvenile Delinquency (“The Riyadh Guidelines”), the United Nations Rules for the Protection of Juveniles Deprived of their Liberty (“Havana Rules”) as well as European legal standards (Recommendations N. R (87)18, R(92)16 N. R(92)17 of the Committee of Ministers), as well as the Act of 26 October 1982 on proceedings in juvenile cases in force in Poland (Journal of Laws of 2016, item 1654, as amended).. The analysis and review of rights guaranteed to juvenile made in the article is consistent with the state of knowledge and the system of values that determine our contemporary identity – dignity of each person, dignity of each child, dignity of a socially maladjusted child.

Every human being is entitled to the inherent rights of nature. They are entitled to possess these rights subject to the provisions of the law applied to the land. The concept of society is meaningless without the presence of these inherent rights of a human being. The term human rights are being collectively used to mean those legal claims which are related to mankind. And such type of universal rights of human beings grew in mankind from the very ancient time. These rights are so inherent that without these a man cannot think of living with due dignity. Human rights therefore represent minimal moral standards for human society. Every country has its own criminal justice delivery system under which certain acts or omission is regarded as crime and sufficient sanctioning measures are there. An individual who is charged with the commission of a crime is regarded as an accused. Accused who is arrested and forwarded for criminal trial is called a prisoner. A prisoner has the right to defend himself against the charges brought against him/her by every facility ensured by the law. Many efforts in international and in municipal arena as well are found for the promotion and protection of the rights of public in general and of the prisoners in particular. For this purpose some important and remarkable human rights instruments like the Universal Declaration of Human Rights, 1948, the International Covenant on Civil and Political Rights, 1966, the United Nations Standard Minimum Rules for the Treatment of Prisoners, 1957, the United Nations Draft Body of Principles for the Protection of All Persons Under Any form of Detention or Imprisonment, 1988 and in various domestic legislations. However, our present judicial system is surrounded by thousands of problems. Throughout the whole country paucity of courts or judges are common feature of our judicial system. Moreover, the unhygienic environment in the prisons caused by the overcrowding of prisoners need to be examined for the protection of the rights of the prisoners. Protection of the rights and interests of the prisoners as well as there psychological and economic assistance is vitally important for the fair implementation of criminal laws and also for gaining public confidence in criminal justice system. Therefore, this study seeks to explore those particular factors that impair the criminal justice system, which is essentially important for the protection of the rights of the prisoners. This study also seeks to correlate international and national protection of human rights which are applicable to the prisoners’ criminal proceedings in particular. The condition of the prisoners in the jail custody of Bangladesh has been set forth in detail and a comparison with the different international and domestic instruments are dealt with in this study. The purpose of this study is to show and examine the legal position of the prisoners and recognition of their rights including education and training of the prisoners within the purview of international as well as municipal law of Bangladesh. This study has also been reflected on human rights situation with regard to the prisoners in Bangladesh. Another issue is to be taken into consideration that, a human being of any age may commit crime. During the period when an accused or a convict remains within the walls of the prison cells usually can not take formal education of the land and there is a high apprehension that after his or her release he/she may be involved again in crime immediately. Therefore, if these persons can achieve necessary education and training during their stay in prison they can lead a better life after release from jail custody by utilizing those education and training in the remaining portion of their life in the society. This research work aims at focusing on the necessity and implication of education and training in the life of the prisoners of Bangladesh. In addition, this study finds out the facade of the real conditions of the prisoners through a number of case studies.

Purpose The Life in Custody (LIC) Study is a nationwide prospective cohort study examining the quality of prison life in the Netherlands. The purpose of this paper is to describe Dutch prisoners’ perceptions of prison climate, as well as differences across regimes. Design/methodology/approach The target population of the study consisted of all male and female adult prisoners in the Netherlands who were incarcerated in various regimes in a total of 28 prisons, between January and April 2017. An intensive and personal recruitment strategy was employed. Participants completed a detailed survey, the prison climate questionnaire (PCQ). Self-reported information on a variety of topics was collected, including perceived prison climate, well-being and self-reported behaviour. Findings In total, 4,938 prisoners participated in the survey, which amounts to a high response rate of 81 per cent. Analyses show that respondents’ characteristics are almost identical to those of non-respondents. Ratings of prison climate vary across domains and regimes, with more positive scores for minimum-security regimes. Practical implications A detailed methodological approach is described that can be adopted to achieve a high response rate with survey research among prisoners. The paper alerts researchers and practitioners to a large ongoing study and first findings on prison climate in the Netherlands. The PCQ can be requested from the authors and used in future research (internationally) to gain information about the perceived quality of prison life. The paper gives insight in how different regimes are associated with differences in perceived prison climate. Collaboration on the research project can be sought with the authors. Originality/value Findings of the LIC study illustrate the value of having data on prison climate. Results of the study will contribute to more knowledge on imprisonment and what can be done to improve the humane treatment of offenders by the criminal justice system. Moreover, knowledge about the methodology of the study may enable future comparative research on prison climate.

Resumen. A raíz de las recientes movilizaciones y reivindicaciones feministas en España y la polémica sentencia del caso la Manada, vuelve a surgir la necesidad de reformar el código penal en lo relativo a la violencia sexual. De acuerdo con los desarrollos del Feminismo Legal, es precisamente en los casos de violencia sexual contra las mujeres donde más interfieren los estereotipos de género, que no sólo influyen en las mentalidades y respuestas de las institu­ciones, sino que se encuentran enraizados en las propias leyes y normas jurídicas. Con el fin de garantizar una mayor protección a las mujeres supervivientes de violencia sexual en España, urge, por un lado, armonizar la legislación y las prácticas institucionales con los estándares mínimos establecidos en derecho internacional de los derechos humanos. Esto permitiría, de entrada, redactar una definición de violencia sexual basada en el consentimiento. Por otro lado, debería considerarse la violencia sexual como una forma de violencia de género, teniendo en cuenta que ésta afecta a las mujeres de forma desproporcionada. Dicha asimilación permitiría brindar mayor protección a las supervivientes y garantizar que sus casos sean tratados con perspectiva de género, es decir, apreciando el contexto de violencia sistémica y desequilibro en las relaciones de poder entre géneros en los que se enmarcan. De lo contrario, se seguirá obstruyendo el derecho de las mujeres a acceder a la justicia.Palabras clave: violencia sexual, violencia de género, estereotipos de género, consen­timiento, victimización secundaria, control de convencionalidad. Abstract. Following recent feminist demonstrations and aspirations in Spain, as well as the controversial judgment in the case la Manada, the necessity to reform the Spanish criminal code insofar as it refers to sexual violence becomes increasingly evident. Legal feminist theo­ries suggest that especially cases of sexual violence against women are strongly influenced by gender stereotypes. Such stereotypes do not only influence the institutions’ mentalities and responses, they are embedded in laws and judicial principles. With the purpose of ensuring better protection of sexual violence survivors in Spain it is imperative, on the one hand, to harmonise the legislation and institutional practices with minimum standards established in international human rights law. This would allow for a definition of sexual violence based on consent. On the other hand, sexual violence should be considered as a form of gender-based violence, considering that it affects women disproportionately. Such assimilation would allow for a greater protection of survivors and guarantee that their cases would be treated from a gender perspective, in other words, taking into account the context of systemic violence against women and unequal power relations between genders in which they are inscribed. Otherwise, women’s access to justice will still be obstructed.Keywords: sexual violence, gender-based violence, gender stereotypes, consent, second­ary victimisation, conventionality control.

The Debate Question 1: Various commentators have frequently invoked the importance of moderate Muslims and the role that they can play in fighting extremism in the Muslim world. But it is not clear who is a moderate Muslim. The recent cancellation of Tariq Ramadan’s visa to the United States, the raids on several American Muslim organizations, and the near marginalization of mainstream American Muslims in North America pose the following question: If moderate Muslims are critical to an American victory in the war on terror, then why does the American government frequently take steps that undermine moderate Muslims? Perhaps there is a lack of clarity about who the moderate Muslims are. In your view, who are these moderate Muslims and what are their beliefs and politics? AUJ: The promotion of “moderate” Muslims is part of an extremist tendency sweeping the United States, unlike the situation in the Muslim world. It is the result of a war between two Americas: the America of ideals (e.g., of equality and justice) and the America of extremism, which has succumbed to self-interest groups and individuals. For the America of ideals, the Tariq Ramadan episode is a dark spot, one among many such episodes in recent times. Periodic episodes of tragedy are the hallmark of the America that has shifted its priorities under the pressure and manipulation of the extremists. These forces use all expedient means to sacrifice the wellbeing of the United States for self-interest and promotion of the Zionist state. This extremism entails a morbid dread of Islam. It never regards any Muslim as moderate unless one publicly rejects the Qur’an as “the final manifesto of God,”1 considering this belief a “disturbing cornerstone of Islam,”2 and submitting to the rejection of key parts of the Qur’an.3 Unquestioning support for Israel, along with all other American-approved dictatorships, is the minimum criterion.4 All other factors are irrelevant. The fascistic American track record of accepting “moderates” and rejecting “radicals” is clear.5 The final distinction is not defined by their adherence to Islam, but by the assumed threat they pose to the interests of these extremists. For example, a devout man, fervent in all of his personal rituals but not participating in political affairs, would be a “moderate,” whereas a marginally practicing Muslim with the zeal to voice his opposition to the injustice perpetrated by the extremists’America is classified as a “radical.” In the current political context, a moderate is one who is passive like the devout man, or active like the extremist “moderates” – the Muslim neomods – who openly promote the extremist agenda using Islamic interpretations or “Project Ijthihad”6 as a cover. Hence, the distinction is not academic or religious, but political. Two opposing factors prove this point. First, there are clear commands for Muslims to be moderate by default.7 Moderateness is a prerequisite for all Muslims, not a label of identity for some. Accordingly, Muslims cannot be part-time or partial Muslims (Qur’an 2:208) or reject part of the Qur’an (Qur’an 2:85).8 Hence, such religious labelling is irrelevant. Second, the extremists insist that strong belief in the totality of the Qur’an makes Muslims “Islamists.”9 That is why they believe themselves to be “absolutely at war with the vision of life that is prescribed to all Muslims in the Koran.”10 It means that the standards of “moderateness,” as set by the American extremists, are directed at neutralizing a preconceived threat. Under these circumstances, mere claims of being a “moderate” do not make any difference at all, as long as a Muslim is presented as a threat, however baseless, to the interests of extremist America. Similarly, the so-called extremism in the Muslim world is not the result of Muslims’faith. Rather, it is a function of the perpetually colonized and oppressed people due to the lack of true independence and a central authority to control and productively channel their energies. It is naïve to suggest that a few ill-informed “moderate” individuals or puppet regimes can emulate the abilities of an entire central authority (i.e., the Islamic state) and effect progress and positive meaningful change.

The Debate Question 1: Various commentators have frequently invoked the importance of moderate Muslims and the role that they can play in fighting extremism in the Muslim world. But it is not clear who is a moderate Muslim. The recent cancellation of Tariq Ramadan’s visa to the United States, the raids on several American Muslim organizations, and the near marginalization of mainstream American Muslims in North America pose the following question: If moderate Muslims are critical to an American victory in the war on terror, then why does the American government frequently take steps that undermine moderate Muslims? Perhaps there is a lack of clarity about who the moderate Muslims are. In your view, who are these moderate Muslims and what are their beliefs and politics? AUJ: The promotion of “moderate” Muslims is part of an extremist tendency sweeping the United States, unlike the situation in the Muslim world. It is the result of a war between two Americas: the America of ideals (e.g., of equality and justice) and the America of extremism, which has succumbed to self-interest groups and individuals. For the America of ideals, the Tariq Ramadan episode is a dark spot, one among many such episodes in recent times. Periodic episodes of tragedy are the hallmark of the America that has shifted its priorities under the pressure and manipulation of the extremists. These forces use all expedient means to sacrifice the wellbeing of the United States for self-interest and promotion of the Zionist state. This extremism entails a morbid dread of Islam. It never regards any Muslim as moderate unless one publicly rejects the Qur’an as “the final manifesto of God,”1 considering this belief a “disturbing cornerstone of Islam,”2 and submitting to the rejection of key parts of the Qur’an.3 Unquestioning support for Israel, along with all other American-approved dictatorships, is the minimum criterion.4 All other factors are irrelevant. The fascistic American track record of accepting “moderates” and rejecting “radicals” is clear.5 The final distinction is not defined by their adherence to Islam, but by the assumed threat they pose to the interests of these extremists. For example, a devout man, fervent in all of his personal rituals but not participating in political affairs, would be a “moderate,” whereas a marginally practicing Muslim with the zeal to voice his opposition to the injustice perpetrated by the extremists’America is classified as a “radical.” In the current political context, a moderate is one who is passive like the devout man, or active like the extremist “moderates” – the Muslim neomods – who openly promote the extremist agenda using Islamic interpretations or “Project Ijthihad”6 as a cover. Hence, the distinction is not academic or religious, but political. Two opposing factors prove this point. First, there are clear commands for Muslims to be moderate by default.7 Moderateness is a prerequisite for all Muslims, not a label of identity for some. Accordingly, Muslims cannot be part-time or partial Muslims (Qur’an 2:208) or reject part of the Qur’an (Qur’an 2:85).8 Hence, such religious labelling is irrelevant. Second, the extremists insist that strong belief in the totality of the Qur’an makes Muslims “Islamists.”9 That is why they believe themselves to be “absolutely at war with the vision of life that is prescribed to all Muslims in the Koran.”10 It means that the standards of “moderateness,” as set by the American extremists, are directed at neutralizing a preconceived threat. Under these circumstances, mere claims of being a “moderate” do not make any difference at all, as long as a Muslim is presented as a threat, however baseless, to the interests of extremist America. Similarly, the so-called extremism in the Muslim world is not the result of Muslims’faith. Rather, it is a function of the perpetually colonized and oppressed people due to the lack of true independence and a central authority to control and productively channel their energies. It is naïve to suggest that a few ill-informed “moderate” individuals or puppet regimes can emulate the abilities of an entire central authority (i.e., the Islamic state) and effect progress and positive meaningful change.

AbstractPeople in prison are particularly vulnerable to infectious disease due to close living conditions and the lack of protective equipment. As a result, public health professionals and prison administrators seek information to guide best practices and policy recommendations during the COVID-19 pandemic. Using latent profile analysis, we sought to characterize Texas prisons on levels of COVID-19 cases and deaths among incarcerated residents, and COVID-19 cases among prison staff. This observational study was a secondary data analysis of publicly available data from the Texas Department of Criminal Justice (TBDJ) collected from March 1, 2020, until July 24, 2020. This project was completed in collaboration with the COVID Prison Project. We identified relevant profiles from the data: a low-outbreak profile, a high-outbreak profile, and a high-death profile. Additionally, current prison population and level of employee staffing predicted membership in the high-outbreak and high-death profiles when compared with the low-outbreak profile. Housing persons at 85% of prison capacity was associated with lower risk of COVID-19 infection and death. Implementing this 85% standard as an absolute minimum should be prioritized at prisons across the USA.

The European Directive 2012/29/EU establishing minimum standards on the rights, support and protection of victims of crime, the Council of Europe Recommendation CM/Rec(2018)8 concerning restorative justice in criminal matters, and the recently updated United Nations Handbook on Restorative Justice Programmes testify to the increasing policy recognition of restorative justice at the international level. And yet, despite the vast and burgeoning literature on restorative justice, limited research and critical analysis have been conducted on policies, and even less on international policies and instruments. As a result, we know little about how restorative justice is framed within policy and how such framings could contribute towards the development of this field in practice. Addressing this gap, this article seeks to understand the ways in which restorative justice is construed within international policies and their conditions of possibility, using a ‘policy-as-discourse’ analytical approach. The article also elicits implications for the study of the relationships between restorative justice policy and practice and for future research on the institutionalization of this ‘new’ frontier of penality internationally.

In response to some of the criticisms of previous research into the arts in criminal justice, this article presents findings from research with a music programme run by a Youth Offending team (YOT). Data were collected on the attendance of 42 participants at YOT appointments – matched against a comparison group – and measures of change over time in musical development, attitudes and behaviour and well-being. Participants who completed the music programme were statistically more likely to attend YOT appointments than a comparison group. There were statistically significant improvements in participants’ self-reported well-being and musical ability over the course of the project. Effect sizes reached the minimum important difference for quantitative measures. To understand not just if, but how, any impact was achieved, and to ensure the voice of the young people was heard, the quantitative elements of the research were complemented and extended by in-depth interviews with 23 participants.

Gray & Pape, Inc. was contracted to conduct a cultural resources survey for a proposed pipeline project. The project is a 14-inch pipeline from Praxair Freeport Plant to the Phillips 66 Clemens Storage Cavern located near Freeport, Texas. The project route measures approximately 28.0 kilometers (17.4 miles). The project’s Area of Potential Effect is the entire alignment route within a survey corridor of 91.4 meters (300 feet). This amounts to approximately 252 hectares (622 acres). Subsequent workspace revisions resulted in an additional 25.7 hectares (63.4 acres) or 2.6 kilometers (1.6 miles) of workspace, documented in Appendix C of this final report. The pipeline will be collocated with several existing pipelines in a well-maintained corridor for the entire length. The Project is part of a Nationwide 12 permit for which the Lead Federal Agency is the United States Army Corps of Engineers, Galveston District. The procedures to be followed by the United States Army Corps of Engineers to fulfill the requirements set forth in the National Historic Preservation Act, other applicable historic preservation laws, and Presidential directives as they relate to the regulatory program of the United States Army Corps of Engineers (33 CFR Parts 320-334) are articulated in the Regulatory Program of the United States Army Corps of Engineers, Part 325 -Processing of Department of the Army Permits, Appendix C -Procedures for the Protection of Historic Properties. Approximately 3.6 kilometers (2.25 miles) of the project length is located within property owned by the Texas Department of Criminal Justice, Clemens Prison Unit, which necessitated the procurement of a permit subject to the Antiquities Code of Texas. Permit Number 8666 was assigned to the project on December 4, 2018. As required under the provisions of Texas Antiquities Code Permit, all project records are housed at the Center for Archaeological Studies at Texas State University, San Marcos, Texas. The goals of this study were to assist the client, the Texas Historical Commission, and other relevant agencies in determining whether intact cultural resources were present within areas planned for construction, and if so to provide management recommendations for these resources. All work conducted by Gray & Pape, Inc. followed accepted guidelines and standards set forth by the Texas Historical Commission and the Council of Texas Archeologists. Prior to field investigation, site file research was used to develop a cultural context for the study. This research resulted in a listing of all archaeological sites and National Register properties within 1.6 kilometers (1 mile) of the project area, as well as a discussion of archaeological potential within the tract. Previous surveys conducted by HRA Gray & Pape, LLC and other firms overlap approximately 6.1 kilometers (3.8 miles) / 55.4 hectares (137 acres) of the current project’s corridor. These surveys were undertaken from between 2012 to 2013. These areas along with an additional 2.8 kilometers (2 miles) / 28.9 hectares (71.3 acres) of highly disturbed pipeline corridor were subjected to visual reconnaissance survey only. Another 3.0 kilometers (1.9 miles) / 27.5 hectares (68 acres) of the project is located within highly industrial areas of DOW property and was subjected to desktop assessment and determined to be of low potential for containing intact cultural materials. No further work is recommended for these areas. No new cultural resources were discovered during the survey. Gray & Pape, Inc. recommends no survey within these portions due to the highly disturbed conditions. Intensive pedestrian survey was completed on those portions of the current project that fall outside of the previous survey coverage or that have potential to impact previously unidentified sites. This amounts to 15.6 kilometers (9.7 miles) / 140 hectares (346 acres). As a result of survey efforts, one previously unrecorded archaeological site was identified during survey efforts. As currently mapped, the site is overlapped by an existing pipeline corridor and does not retain integrity within the project right-of-way. Gray & Pape, Inc. recommends that no further investigation be necessary within the surveyed portions of the project.

Dear Readers,Welcome to this issue of our beloved Bangladesh Journal of Bioethics! In this sweltering heat we are all seeking for some cool and comfort. We bring this issue of BJB on different ethical practices and bring up related questions. Are we respecting the rights of every human being when we are either doing research or practicing health service provision? What are the minimum norms and standards to be maintained or are we circumventing those? The issue looks into different issues and provides us with indepth information, queries, fears and reservations.In the article on Knowledge, attitude and practice of medical ethics among medical intern students in a Medical College in Kathmandu, Ramesh P Aacharyaand Yagya L Shakya , report on a Knowledge Attitude and Practice survey of 46 medical undergraduate interns of Maharajgunj Medical Campus. The result of the survey is quite interesting. ‘Doctors know the best irrespective of patients’ opinion was agreed upon by 35 %, ‘Confidentiality cannot be kept in modern era and should be abandoned’ was strongly disagreed by 34.8% and disagreed by 60.9%. The Authors hope that the findings will assist the faculties to strengthen the teaching of medical ethics and guiding the interns for ethical professional conduct. In the article titled Organizational Justice and Employee’s Service Behavior in the Healthcare Organizations in Bangladesh is an agenda for Research, Md. Nuruzzaman and Md. Humayun Kabir Talukder present a conceptual framework and a set of hypotheses regarding the relationships among distributive justice, procedural justice, interactional justice, employee’s citizenship behaviour, role prescribed behaviour and counterproductive behavior in the healthcare organizations in Bangladesh. The authors state that the purpose is to assist the policy makers and service providers in identifying desirable and undesirable HRM practices in order to maintain optimum level of employee commitment for ensuring quality and efficient service delivery to the communities. Though the article is theoretical it may be useful for the policy makers and service providers. If an operational research could be carried out to test the hypothesis the practical utility of the concept could be tested in Bangladesh.Zoheb Rafique in the article Ethical Justification of Conducting Research Trials in Lower and Middle Income Countries Including Pakistan: The Responsibilities of Research Enterprises explores the ethical aspects of research sponsored by commercial agencies. He looks into the factors that influence selection of a study site for a sponsored trial particularly in traditional countries like Pakistan where cultural values add to the problem in assuring that research is conducted in an ethical manner. In this paper, the Author discusses the responsibilities of researchers and funders in low and middle income countries like Pakistan and the ethical justifications of doing research trials in developing countries. He concludes that research participants should be fully informed about the research trial and their participation and it is their right to know all risks and benefits so that they have the option of rejecting participation.The article on Ethical aspects of Dhaka University Tele-medicine System by Ahmed Raihan Abir provides and analysis of the tele- medicine system in Dhaka University. The Author is a member of an extended group at Dhaka University (DU) which has been developing telemedicine equipment and data acquisition software to promote telemedicine practice in Bangladesh. Recently the Telemedicine group of DU and a local NGO named SAMAMA with support from Service innovation fund (SIF) of the Prime Minister Office (PMO) of Bangladesh took the initiative to establish eight rural telemedicine centers and one expert center for the field trial of telemedicine in Bangladesh. The aim of this paper is to examine the ethical challenges of such health care system and the effort to overcome these problems before starting the field trial. The author looks into the details of Data confidentiality and security, Responsibilities of Doctor and Rural Technician, Quality of service and Implications of telemedicine in Bangladesh. He concludes that DU telemedicine project will essentially bring the services of qualified medical experts to the doorsteps of the common people throughout the country, even in the remote rural areas. Although a telemedicine cannot match a face to face consultation, DU tele-medicine system is much better than no consultation at all.Sifat Rahman in the article on Ethical Issues of Fair Subject Selection in Research provides an overview of the criterion for maintaining ethical standards for conducting research. The Author reviews the three fundamental conditions to be met for adhering to strict ethical standards which are: Respect for Persons by protecting the autonomy of people, treating them with courtesy and respect and obtaining informed consent.; Beneficence which incorporates the philosophy of "Do no harm" while maximizing benefits for the research project and minimizing risks to the research subjects; and Justice by ensuring that reasonable, non-exploitative, and well-considered procedures are administered fairly. Finally the Author concludes that Researchers must be truthful and conduct no deception.Dear Readers, as you can see from the above ethics and maintaining the values in research and services are of utmost importance in the improvement of the quality of life. Through our queries, questions and sense of respect for every living being can our endeavors to ensure ethics in all spheres of development be successful.Dear Readers, please keep on sending your articles, notes or thoughts to us. Your participation will make a difference in the quality of our lives.Best regardsTahera AhmedEditor

Special Care Notice This paper discusses trauma and violence inflicted upon the Indigenous peoples of Tasmania through the process of colonisation. Content within this paper may be distressing to some readers. Introduction The decimation of the First Peoples of Van Diemen’s Land (now Tasmania) was systematic and swift. First Contact was an emotionally, intellectually, physically, and spiritually confronting series of encounters for the Indigenous inhabitants. There were, according to some early records, a few examples of peaceful interactions (Morris 84). Yet, the inevitable competition over resources, and the intensity with which colonists pursued their “claims” for food, land, and water, quickly transformed amicable relationships into hostile rivalries. Jennifer Gall has written that, as “European settlement expanded in the late 1820s, violent exchanges between settlers and Aboriginal people were frequent, brutal and unchecked” (58). Indeed, the near-annihilation of the original custodians of the land was, if viewed through the lens of time, a process that could be described as one that was especially efficient. As John Morris notes: in 1803, when the first settlers arrived in Van Diemen’s Land, the Aborigines had already inhabited the island for some 25,000 years and the population has been estimated at 4,000. Seventy-three years later, Truganinni, [often cited as] the last Tasmanian of full Aboriginal descent, was dead. (84) Against a backdrop of extreme violence, often referred to as the Black War (Clements 1), there were some, admittedly dubious, efforts to contain the bloodshed. One such effort, in the late 1820s, was the production, and subsequent distribution, of a set of Proclamation Boards. Approximately 100 Proclamation Boards (the Board) were introduced by the Lieutenant Governor of the day, George Arthur (after whom Port Arthur on the Tasman Peninsula is named). The purpose of these Boards was to communicate, via a four-strip pictogram, to the Indigenous peoples of the island colony that all people—black and white—were considered equal under the law. “British Justice would protect” everyone (Morris 84). This is reflected in the narrative of the Boards. The first image presents Indigenous peoples and colonists living peacefully together. The second, and central, image shows “a conciliatory handshake between the British governor and an Aboriginal ‘chief’, highly reminiscent of images found in North America on treaty medals and anti-slavery tokens” (Darian-Smith and Edmonds 4). The third and fourth images depict the repercussions for committing murder, with an Indigenous man hanged for spearing a colonist and a European man also hanged for shooting an Aborigine. Both men executed under “gubernatorial supervision” (Turnbull 53). Image 1: Governor Davey's [sic - actually Governor Arthur's] Proclamation to the Aborigines, 1816 [sic - actually c. 1828-30]. Image Credit: Mitchell Library, State Library of NSW (Call Number: SAFE / R 247). The Board is an interesting re-imagining of one of the traditional methods of communication for Indigenous peoples; the leaving of images on the bark of trees. Such trees, often referred to as scarred trees, are rare in modern-day Tasmania as “the expansion of settlements, and the impact of bush fires and other environmental factors” resulted in many of these trees being destroyed (Aboriginal Heritage Tasmania online). Similarly, only a few of the Boards, inspired by these trees, survive today. The Proclamation Board was, in the 1860s, re-imagined as the output of a different Governor: Lieutenant Governor Davey (after whom Port Davey, on the south-west coast of Tasmania is named). This re-imagining of the Board’s creator was so effective that the Board, today, is popularly known as Governor Davey’s Proclamation to the Aborigines. This paper outlines several other re-imaginings of this Board. In addition, this paper offers another, new, re-imagining of the Board, positing that this is an early “pamphlet” on crime, justice and punishment which actually presents as a pre-cursor to the modern Australian true crime tale. In doing so this work connects the Proclamation Board to the larger genre of crime fiction. One Proclamation Board: Two Governors Labelled Van Diemen’s Land and settled as a colony of New South Wales in 1803, this island state would secede from the administration of mainland Australia in 1825. Another change would follow in 1856 when Van Diemen’s Land was, in another process of re-imagining, officially re-named Tasmania. This change in nomenclature was an initiative to, symbolically at least, separate the contemporary state from a criminal and violent past (Newman online). Tasmania’s violent history was, perhaps, inevitable. The island was claimed by Philip Gidley King, the Governor of New South Wales, in the name of His Majesty, not for the purpose of building a community, but to “prevent the French from gaining a footing on the east side of that island” and also to procure “timber and other natural products, as well as to raise grain and to promote the seal industry” (Clark 36). Another rationale for this land claim was to “divide the convicts” (Clark 36) which re-fashioned the island into a gaol. It was this penal element of the British colonisation of Australia that saw the worst of the British Empire forced upon the Aboriginal peoples. As historian Clive Turnbull explains: the brutish state of England was reproduced in the English colonies, and that in many ways its brutishness was increased, for now there came to Australia not the humanitarians or the indifferent, but the men who had vested interests in the systems of restraint; among those who suffered restraint were not only a vast number who were merely unfortunate and poverty-stricken—the victims of a ‘depression’—but brutalised persons, child-slaughterers and even potential cannibals. (Turnbull 25) As noted above the Black War of Tasmania saw unprecedented aggression against the rightful occupants of the land. Yet, the Aboriginal peoples were “promised the white man’s justice, the people [were] exhorted to live in amity with them, the wrongs which they suffer [were] deplored” (Turnbull 23). The administrators purported an egalitarian society, one of integration and peace but Van Diemen’s Land was colonised as a prison and as a place of profit. So, “like many apologists whose material benefit is bound up with the systems which they defend” (Turnbull 23), assertions of care for the health and welfare of the Aboriginal peoples were made but were not supported by sufficient policies, or sufficient will, and the Black War continued. Colonel Thomas Davey (1758-1823) was the second person to serve as Lieutenant Governor of Van Diemen’s Land; a term of office that began in 1813 and concluded in 1817. The fourth Lieutenant Governor of the island was Colonel Sir George Arthur (1784-1854); his term of office, significantly longer than Davey’s, being from 1824 to 1836. The two men were very different but are connected through this intriguing artefact, the Proclamation Board. One of the efforts made to assert the principle of equality under the law in Van Diemen’s Land was an outcome of work undertaken by Surveyor General George Frankland (1800-1838). Frankland wrote to Arthur in early 1829 and suggested the Proclamation Board (Morris 84), sometimes referred to as a Picture Board or the Tasmanian Hieroglyphics, as a tool to support Arthur’s various Proclamations. The Proclamation, signed on 15 April 1828 and promulgated in the The Hobart Town Courier on 19 April 1828 (Arthur 1), was one of several notices attempting to reduce the increasing levels of violence between Indigenous peoples and colonists. The date on Frankland’s correspondence clearly situates the Proclamation Board within Arthur’s tenure as Lieutenant Governor. The Board was, however, in the 1860s, re-imagined as the output of Davey. The Clerk of the Tasmanian House of Assembly, Hugh M. Hull, asserted that the Board was the work of Davey and not Arthur. Hull’s rationale for this, despite archival evidence connecting the Board to Frankland and, by extension, to Arthur, is predominantly anecdotal. In a letter to the editor of The Hobart Mercury, published 26 November 1874, Hull wrote: this curiosity was shown by me to the late Mrs Bateman, neé Pitt, a lady who arrived here in 1804, and with whom I went to school in 1822. She at once recognised it as one of a number prepared in 1816, under Governor Davey’s orders; and said she had seen one hanging on a gum tree at Cottage Green—now Battery Point. (3) Hull went on to assert that “if any old gentleman will look at the picture and remember the style of military and civil dress of 1810-15, he will find that Mrs Bateman was right” (3). Interestingly, Hull relies upon the recollections of a deceased school friend and the dress codes depicted by the artist to date the Proclamation Board as a product of 1816, in lieu of documentary evidence dating the Board as a product of 1828-1830. Curiously, the citation of dress can serve to undermine Hull’s argument. An early 1840s watercolour by Thomas Bock, of Mathinna, an Aboriginal child of Flinders Island adopted by Lieutenant Governor John Franklin (Felton online), features the young girl wearing a brightly coloured, high-waisted dress. This dress is very similar to the dresses worn by the children on the Proclamation Board (the difference being that Mathinna wears a red dress with a contrasting waistband, the children on the Board wear plain yellow dresses) (Bock). Acknowledging the simplicity of children's clothing during the colonial era, it could still be argued that it would have been unlikely the Governor of the day would have placed a child, enjoying at that time a life of privilege, in a situation where she sat for a portrait wearing an old-fashioned garment. So effective was Hull’s re-imagining of the Board’s creator that the Board was, for many years, popularly known as Governor Davey’s Proclamation to the Aborigines with even the date modified, to 1816, to fit Davey’s term of office. Further, it is worth noting that catalogue records acknowledge the error of attribution and list both Davey and Arthur as men connected to the creation of the Proclamation Board. A Surviving Board: Mitchell Library, State Library of New South Wales One of the surviving Proclamation Boards is held by the Mitchell Library. The Boards, oil on Huon pine, were painted by “convict artists incarcerated in the island penal colony” (Carroll 73). The work was mass produced (by the standards of mass production of the day) by pouncing, “a technique [of the Italian Renaissance] of pricking the contours of a drawing with a pin. Charcoal was then dusted on to the drawing” (Carroll 75-76). The images, once outlined, were painted in oil. Of approximately 100 Boards made, several survive today. There are seven known Boards within public collections (Gall 58): five in Australia (Mitchell Library, State Library of NSW, Sydney; Museum Victoria, Melbourne; National Library of Australia, Canberra; Tasmanian Museum and Art Gallery, Hobart; and Queen Victoria Museum and Art Gallery, Launceston); and two overseas (The Peabody Museum of Archaeology and Ethnology, Harvard University and the Museum of Archaeology and Ethnology, University of Cambridge). The catalogue record, for the Board held by the Mitchell Library, offers the following details:Paintings: 1 oil painting on Huon pine board, rectangular in shape with rounded corners and hole at top centre for suspension ; 35.7 x 22.6 x 1 cm. 4 scenes are depicted:Aborigines and white settlers in European dress mingling harmoniouslyAboriginal men and women, and an Aboriginal child approach Governor Arthur to shake hands while peaceful soldiers look onA hostile Aboriginal man spears a male white settler and is hanged by the military as Governor Arthur looks onA hostile white settler shoots an Aboriginal man and is hanged by the military as Governor Arthur looks on. (SAFE / R 247) The Mitchell Library Board was purchased from J.W. Beattie in May 1919 for £30 (Morris 86), which is approximately $2,200 today. Importantly, the title of the record notes both the popular attribution of the Board and the man who actually instigated the Board’s production: “Governor Davey’s [sic – actually Governor Arthur] Proclamation to the Aborigines, 1816 [sic – actually c. 1828-30].” The date of the Board is still a cause of some speculation. The earlier date, 1828, marks the declaration of martial law (Turnbull 94) and 1830 marks the Black Line (Edmonds 215); the attempt to form a human line of white men to force many Tasmanian Aboriginals, four of the nine nations, onto the Tasman Peninsula (Ryan 3). Frankland’s suggestion for the Board was put forward on 4 February 1829, with Arthur’s official Conciliator to the Aborigines, G.A. Robinson, recording his first sighting of a Board on 24 December 1829 (Morris 84-85). Thus, the conception of the Board may have been in 1828 but the Proclamation project was not fully realised until 1830. Indeed, a news item on the Proclamation Board did appear in the popular press, but not until 5 March 1830: We are informed that the Government have given directions for the painting of a large number of pictures to be placed in the bush for the contemplation of the Aboriginal Inhabitants. […] However […] the causes of their hostility must be more deeply probed, or their taste as connoisseurs in paintings more clearly established, ere we can look for any beneficial result from this measure. (Colonial Times 2) The remark made in relation to becoming a connoisseur of painting, though intended to be derogatory, makes some sense. There was an assumption that the Indigenous peoples could easily translate a European-styled execution by hanging, as a visual metaphor for all forms of punishment. It has long been understood that Indigenous “social organisation and religious and ceremonial life were often as complex as those of the white invaders” (McCulloch 261). However, the Proclamation Board was, in every sense, Eurocentric and made no attempt to acknowledge the complexities of Aboriginal culture. It was, quite simply, never going to be an effective tool of communication, nor achieve its socio-legal aims. The Board Re-imagined: Popular Media The re-imagining of the Proclamation Board as a construct of Governor Davey, instead of Governor Arthur, is just one of many re-imaginings of this curious object. There are, of course, the various imaginings of the purpose of the Board. On the surface these images are a tool for reconciliation but as “the story of these paintings unfolds […] it becomes clear that the proclamations were in effect envoys sent back to Britain to exhibit the ingenious attempts being applied to civilise Australia” (Carroll 76). In this way the Board was re-imagined by the Administration that funded the exercise, even before the project was completed, from a mechanism to assist in the bringing about of peace into an object that would impress colonial superiors. Khadija von Zinnenburg Carroll has recently written about the Boards in the context of their “transnational circulation” and how “objects become subjects and speak of their past through the ventriloquism of contemporary art history” (75). Carroll argues the Board is an item that couples “military strategy with a fine arts propaganda campaign” (Carroll 78). Critically the Boards never achieved their advertised purpose for, as Carroll explains, there were “elaborate rituals Aboriginal Australians had for the dead” and, therefore, “the display of a dead, hanging body is unthinkable. […] being exposed to the sight of a hanged man must have been experienced as an unimaginable act of disrespect” (92). The Proclamation Board would, in sharp contrast to feelings of unimaginable disrespect, inspire feelings of pride across the colonial population. An example of this pride being revealed in the selection of the Board as an object worthy of reproduction, as a lithograph, for an Intercolonial Exhibition, held in Melbourne in 1866 (Morris 84). The lithograph, which identifies the Board as Governor Davey’s Proclamation to the Aborigines and dated 1816, was listed as item 572, of 738 items submitted by Tasmania, for the event (The Commissioners 69-85). This type of reproduction, or re-imagining, of the Board would not be an isolated event. Penelope Edmonds has described the Board as producing a “visual vernacular” through a range of derivatives including lantern slides, lithographs, and postcards. These types of tourist ephemera are in addition to efforts to produce unique re-workings of the Board as seen in Violet Mace’s Proclamation glazed earthernware, which includes a jug (1928) and a pottery cup (1934) (Edmonds online). The Board Re-imagined: A True Crime Tale The Proclamation Board offers numerous narratives. There is the story that the Board was designed and deployed to communicate. There is the story behind the Board. There is also the story of the credit for the initiative which was transferred from Governor Arthur to Governor Davey and subsequently returned to Arthur. There are, too, the provenance stories of individual Boards. There is another story the Proclamation Board offers. The story of true crime in colonial Australia. The Board, as noted, presents through a four-strip pictogram an idea that all are equal under the rule of law (Arthur 1). Advocating for a society of equals was a duplicitous practice, for while Aborigines were hanged for allegedly murdering settlers, “there is no record of whites being charged, let alone punished, for murdering Aborigines” (Morris 84). It would not be until 1838 that white men would be punished for the murder of Aboriginal people (on the mainland) in the wake of the Myall Creek Massacre, in northern New South Wales. There were other examples of attempts to bring about a greater equity under the rule of law but, as Amanda Nettelbeck explains, there was wide-spread resistance to the investigation and charging of colonists for crimes against the Indigenous population with cases regularly not going to trial, or, if making a courtroom, resulting in an acquittal (355-59). That such cases rested on “legally inadmissible Aboriginal testimony” (Reece in Nettelbeck 358) propped up a justice system that was, inherently, unjust in the nineteenth century. It is important to note that commentators at the time did allude to the crime narrative of the Board: when in the most civilized country in the world it has been found ineffective as example to hang murderers in chains, it is not to be expected a savage race will be influenced by the milder exhibition of effigy and caricature. (Colonial Times 2) It is argued here that the Board was much more than an offering of effigy and caricature. The Proclamation Board presents, in striking detail, the formula for the modern true crime tale: a peace disturbed by the act of murder; and the ensuing search for, and delivery of, justice. Reinforcing this point, are the ideas of justice seen within crime fiction, a genre that focuses on the restoration of order out of chaos (James 174), are made visible here as aspirational. The true crime tale does not, consistently, offer the reassurances found within crime fiction. In the real world, particularly one as violent as colonial Australia, we are forced to acknowledge that, below the surface of the official rhetoric on justice and crime, the guilty often go free and the innocent are sometimes hanged. Another point of note is that, if the latter date offered here, of 1830, is taken as the official date of the production of these Boards, then the significance of the Proclamation Board as a true crime tale is even more pronounced through a connection to crime fiction (both genres sharing a common literary heritage). The year 1830 marks the release of Australia’s first novel, Quintus Servinton written by convicted forger Henry Savery, a crime novel (produced in three volumes) published by Henry Melville of Hobart Town. Thus, this paper suggests, 1830 can be posited as a year that witnessed the production of two significant cultural artefacts, the Proclamation Board and the nation’s first full-length literary work, as also being the year that established the, now indomitable, traditions of true crime and crime fiction in Australia. Conclusion During the late 1820s in Van Diemen’s Land (now Tasmania) a set of approximately 100 Proclamation Boards were produced by the Lieutenant Governor of the day, George Arthur. The official purpose of these items was to communicate, to the Indigenous peoples of the island colony, that all—black and white—were equal under the law. Murderers, be they Aboriginal or colonist, would be punished. The Board is a re-imagining of one of the traditional methods of communication for Indigenous peoples; the leaving of drawings on the bark of trees. The Board was, in the 1860s, in time for an Intercolonial Exhibition, re-imagined as the output of Lieutenant Governor Davey. This re-imagining of the Board was so effective that surviving artefacts, today, are popularly known as Governor Davey’s Proclamation to the Aborigines with the date modified, to 1816, to fit the new narrative. The Proclamation Board was also reimagined, by its creators and consumers, in a variety of ways: as peace offering; military propaganda; exhibition object; tourism ephemera; and contemporary art. This paper has also, briefly, offered another re-imagining of the Board, positing that this early “pamphlet” on justice and punishment actually presents a pre-cursor to the modern Australian true crime tale. The Proclamation Board tells many stories but, at the core of this curious object, is a crime story: the story of mass murder. Acknowledgements The author acknowledges the Palawa peoples: the traditional custodians of the lands known today as Tasmania. The author acknowledges, too, the Gadigal people of the Eora nation upon whose lands this paper was researched and written. 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