Applications of neuroscience in criminal law: legal and methodological issues.

PubMed

Meixner, John B

2015-01-01

The use of neuroscience in criminal law applications is an increasingly discussed topic among legal and psychological scholars. Over the past 5 years, several prominent federal criminal cases have referenced neuroscience studies and made admissibility determinations regarding neuroscience evidence. Despite this growth, the field is exceptionally young, and no one knows for sure how significant of a contribution neuroscience will make to criminal law. This article focuses on three major subfields: (1) neuroscience-based credibility assessment, which seeks to detect lies or knowledge associated with a crime; (2) application of neuroscience to aid in assessments of brain capacity for culpability, especially among adolescents; and (3) neuroscience-based prediction of future recidivism. The article briefly reviews these fields as applied to criminal law and makes recommendations for future research, calling for the increased use of individual-level data and increased realism in laboratory studies.

22 CFR 40.5 - Limitations on the use of National Crime Information Center (NCIC) criminal history information.

Code of Federal Regulations, 2014 CFR

2014-04-01

... Information Center (NCIC) criminal history information. 40.5 Section 40.5 Foreign Relations DEPARTMENT OF... Center (NCIC) criminal history information. (a) Authorized access. The FBI's National Crime Information Center (NCIC) criminal history records are law enforcement sensitive and can only be accessed by...

22 CFR 40.5 - Limitations on the use of National Crime Information Center (NCIC) criminal history information.

Code of Federal Regulations, 2010 CFR

2010-04-01

... Information Center (NCIC) criminal history information. 40.5 Section 40.5 Foreign Relations DEPARTMENT OF... Center (NCIC) criminal history information. (a) Authorized access. The FBI's National Crime Information Center (NCIC) criminal history records are law enforcement sensitive and can only be accessed by...

22 CFR 40.5 - Limitations on the use of National Crime Information Center (NCIC) criminal history information.

Code of Federal Regulations, 2011 CFR

2011-04-01

... Information Center (NCIC) criminal history information. 40.5 Section 40.5 Foreign Relations DEPARTMENT OF... Center (NCIC) criminal history information. (a) Authorized access. The FBI's National Crime Information Center (NCIC) criminal history records are law enforcement sensitive and can only be accessed by...

22 CFR 40.5 - Limitations on the use of National Crime Information Center (NCIC) criminal history information.

Code of Federal Regulations, 2012 CFR

2012-04-01

... Information Center (NCIC) criminal history information. 40.5 Section 40.5 Foreign Relations DEPARTMENT OF... Center (NCIC) criminal history information. (a) Authorized access. The FBI's National Crime Information Center (NCIC) criminal history records are law enforcement sensitive and can only be accessed by...

22 CFR 40.5 - Limitations on the use of National Crime Information Center (NCIC) criminal history information.

Code of Federal Regulations, 2013 CFR

2013-04-01

... Information Center (NCIC) criminal history information. 40.5 Section 40.5 Foreign Relations DEPARTMENT OF... Center (NCIC) criminal history information. (a) Authorized access. The FBI's National Crime Information Center (NCIC) criminal history records are law enforcement sensitive and can only be accessed by...

45 CFR 2551.27 - What two search components of the National Service Criminal History Check must I satisfy to...

Code of Federal Regulations, 2010 CFR

2010-10-01

... Criminal History Check must I satisfy to determine an individual's suitability to serve in a covered... Sponsor § 2551.27 What two search components of the National Service Criminal History Check must I satisfy... prohibited by State law, that you conduct and document a National Service Criminal History Check, which...

45 CFR 2551.27 - What two search components of the National Service Criminal History Check must I satisfy to...

Code of Federal Regulations, 2011 CFR

2011-10-01

... Criminal History Check must I satisfy to determine an individual's suitability to serve in a covered... Sponsor § 2551.27 What two search components of the National Service Criminal History Check must I satisfy... prohibited by State law, that you conduct and document a National Service Criminal History Check, which...

Renegotiating forensic cultures: between law, science and criminal justice.

PubMed

Roberts, Paul

2013-03-01

This article challenges stereotypical conceptions of Law and Science as cultural opposites, arguing that English criminal trial practice is fundamentally congruent with modern science's basic epistemological assumptions, values and methods of inquiry. Although practical tensions undeniably exist, they are explicable-and may be neutralised-by paying closer attention to criminal adjudication's normative ideals and their institutional expression in familiar aspects of common law trial procedure, including evidentiary rules of admissibility, trial by jury, adversarial fact-finding, cross-examination and the ethical duties of expert witnesses. Effective partnerships between lawyers and forensic scientists are indispensable for integrating scientific evidence into criminal proceedings, and must be renegotiated between individual practitioners on an on-going basis. Fruitful interdisciplinary collaboration between scholars with a shared interest in forensic science should dispense with reductive cultural stereotypes of Science and Law. Copyright © 2013. Published by Elsevier Ltd.

Student Rights in the U.S. and Civil Law Nations.

ERIC Educational Resources Information Center

Lynch, Patrick D.

A discussion of the two legal traditions illuminates this comparison of student rights in common and civil law nations. The United States is among a minority of nations that use common law, a complex system cluttered with processes difficult to explain and loaded with protections for defendents in both criminal and civil cases. In American common…

Suicide-related crimes in contemporary European criminal laws.

PubMed

Mäkinen, I H

1997-01-01

This article describes suicide-related penal legislation in contemporary Europe, and analyzes and relates the results to cultural attitudes towards suicide and to national suicide rates. Data were obtained from 42 legal entities. Of these, 34 have penal regulations which--according to definition--chiefly and directly deal with suicide. There are three main types of act: aiding suicide, abetting suicide, and driving to suicide. The laws vary considerably with regard to which acts are sanctioned, how severely they are punished, and whether any special circumstances such as the motive, the result, or the object can make the crime more serious. Various ideologies have inspired legislation: religions, the euthanasia movement, and suicide prevention have all left their mark. There are some cases in which neighboring legal systems have clearly influenced laws on the topic. However, the process seems mostly to have been a national affair, resulting in surprisingly large discrepancies between European legal systems. The laws seem to reflect public opinions: countries which punish the crimes harder have significantly less permissive cultural attitudes towards suicide. Likewise, suicide rates were significantly higher in countries with a narrow scope of criminalization and milder punishments for suicide-related crimes. The cultural and normative elements of society are connected with its suicide mortality.

The Lyme Bay Canoeing Tragedy and the Criminal Law.

ERIC Educational Resources Information Center

Geary, Roger

1996-01-01

In 1994, an outdoor adventure company was the first British company to be found guilty of corporate manslaughter. General principles of criminal law, including the difference between recklessness and gross negligence, are reviewed to provide those in the outdoor industry a rough guide as to their possible criminal liability. Discusses U.K.…

Problem of Determining the Chance (Casus) in Criminal Law

ERIC Educational Resources Information Center

Veresha, Roman V.

2016-01-01

The article considers a concept of chance (casus) in criminal law and its main features. A definition of chance (casus) was analyzed as faultless causing of harm from a perspective of delimitation of the concept from carelessness in the form of criminal negligence. Particular attention is paid to the legislative definition of faultless causing of…

How can the criminal law support the provision of quality in healthcare?

PubMed

Yeung, Karen; Horder, Jeremy

2014-06-01

The egregious failings in patient safety at Mid Staffordshire NHS Foundation Trust between 2005 and 2009 identified by Sir Robert Francis QC in his public inquiry prompted him to recommend the introduction of a new criminal offence into English law in circumstances where a patient dies or is seriously harmed by a breach of fundamental standards. The authors evaluate whether, from the perspective of fairness and justice, a new criminal offence in this context is necessary and desirable. The authors considered the basic principles and functions of the criminal law and compared them with the principles and functions of the civil law. They then identify two primary tasks for the criminal law to perform in healthcare settings: (a) to establish primary duties to patients consisting of appropriately graded offences targeted at conduct that harms patients or unjustifiably poses risks to patients, and (b) to establish secondary duties to patients, consisting of offences aimed at punishing and deterring instances in which healthcare management and workers undermine the goals of regulation by lying or giving misleading information to regulatory officials or by obstructing their work. The authors focus on the first of these functions, identifying the scope of existing regulatory schemes that may give rise to criminal liability in English law when applied to healthcare contexts to identify whether a new criminal offence is needed. A gap in the existing regime of criminal liability is identified, and it is this gap which a new criminal offence seeks to fill. The authors suggest how such an offence should be structured, drawing primarily upon foundational principles of criminal liability. It is suggested that a new general offence of wilfully neglecting or ill-treating a patient that can be committed by any healthcare organisation or worker (appropriately defined) is warranted. The criminal law has an important role to play in the healthcare context. Its central function is not

Neuroscience and behavioral genetics in US criminal law: an empirical analysis

PubMed Central

Farahany, Nita A.

2016-01-01

The goal of this study was to examine the growing use of neurological and behavioral genetic evidence by criminal defendants in US criminal law. Judicial opinions issued between 2005–12 that discussed the use of neuroscience or behavioral genetics by criminal defendants were identified, coded and analysed. Criminal defendants are increasingly introducing such evidence to challenge defendants’ competency, the effectiveness of defense counsel at trial, and to mitigate punishment. PMID:27774210

Law Studies: The Criminal Justice System.

ERIC Educational Resources Information Center

Experimental Curriculum Bulletin, 1978

1978-01-01

This bulletin on criminal justice focuses on selected aspects of the U.S. legal system, including the police, the courts, and the prisons as well as on the protections and guarantees that reinforce the legitimacy of the U.S. legal process. Unit 1, "The Role of Law in a Free Society," is designed to enhance the awareness of students about…

The mirror has two faces: dissociative identity disorder and the defence of pathological criminal incapacity--a South African criminal law perspective.

PubMed

Stevens, Philip

2013-03-01

Dissociative identity disorder poses numerous medico legal issues whenever the insanity defence emerges. Within the context of the South African criminal law, the impact of dissociative identity disorder on criminal responsibility has only been addressed very briefly in one decided case. Various questions arise as to the impact that the distinctive diagnostic features of dissociative identity disorder could possibly have on the defence of pathological criminal incapacity, or better known as the insanity defence, within the ambit of the South African criminal law. In this contribution the author reflects on the mental disorder known as dissociative identity disorder or multiple personality disorder, against the backdrop of the defence of pathological criminal incapacity. Reflections are also provided pertaining to the various medico legal issues at stake whenever this defence has to be adjudicated upon.

Criminal law and HIV testing: empirical analysis of how at-risk individuals respond to the law.

PubMed

Lee, Sun Goo

2014-01-01

This Note assesses the effect of laws that specifically criminalize behaviors that expose others to the human immunodeficiency virus (HIV). This Note examines the relationship between HIV testing decisions by high-risk individuals and the existence of these HIV-specific statutes, as well as the amount of media coverage related to them. One of the main reasons public health experts criticize criminalization of HIV-exposing behavior is that it may discourage at-risk individuals from undergoing HIV testing. This argument, however, remains empirically untested to date. This study quantitatively examines whether at-risk individuals living in jurisdictions with HIV-specific statutes are less likely to report having been tested for HIV in the past year compared to those living in jurisdictions without HIV-specific statutes. Regression analysis is conducted using data collected in the United States over a seven-year span. The results show that at-risk individuals residing in states with HIV-specific statutes are no less likely to report having been tested for HIV than those who live in other states. However, the number of people who reported that they had been tested for HIV is inversely correlated with the frequency of newspaper coverage of criminalization of HIV-exposing behavior. These findings imply that at-risk individuals' HIV testing is associated with media coverage of criminalizing HIV-exposing behavior. The negative impact that criminal law has on HIV testing rates could be a serious public health threat. Testing is often the initial step in public health interventions that most effectively modify the risky behavior of HIV-positive individuals. The adverse consequence of criminalization should weigh heavily in the design and application of criminal sanctions for HIV-exposing behavior. In addition, future research should further explore the relationships between criminalization, media coverage of criminalization, and HIV testing decisions for a more nuanced

8 CFR 287.2 - Disposition of criminal cases.

Code of Federal Regulations, 2010 CFR

2010-01-01

... 8 Aliens and Nationality 1 2010-01-01 2010-01-01 false Disposition of criminal cases. 287.2... OFFICERS; POWERS AND DUTIES § 287.2 Disposition of criminal cases. Whenever a special agent in charge, port... criminal provision of the immigration and nationality laws administered or enforced by the Department, he...

The Distinction between Civil and Criminal Law: A Lesson Plan for High School Law-Related Educators To Support "Understanding the Federal Courts."

ERIC Educational Resources Information Center

Administrative Office of the United States Courts, Washington, DC.

The O. J. Simpson trials taught much of the United States a basic lesson in the difference between criminal law and civil law. Many students learn in their government classes that a person cannot be tried twice for the same crime. A person found innocent in a criminal trial, however, can be sued under civil law procedures for damages. It is…

Criminal law as a response to medical malpractice: pluses and minuses--comparing Italian and U.S. experiences.

PubMed

Di Landro, Andrea R

2012-06-01

The paper is divided into three parts. The first part sets out the comparative differences between the tort of malpractice in common law and the criminal negligence in civil law: while the common law takes for mens rea only the "gross" negligence, and rarely medical negligence, other law systems instead (and particularly Italian law) criminalize also ordinary negligence, frequently in medical malpractice cases. The second part of the paper addresses the pluses of using criminal law as response to medical malpractice: inadequate medical self-policing and "repeat offenders" problems are analysed, in the perspective of the patient, of the doctor, of the insurance company, and of the community. The third part addresses the minuses of the criminal law as response: medical "shame and blame" mentality, criminal stigma and culture of fear are disincentives to incident reporting and to system analysis (the most important means of prevention); "defensive medicine" and "courts-abiding medicine" are managed not yet in the patient's exclusive interest, but in the egoistic/utilitarian aim to avoid denunciations; finally, the uncertainty of the medicine, the accusatory system and the proof "beyond a reasonable doubt" seem hardly compatible with each other.

[Practical problems in criminal laws of prevention of cruelty to animals].

PubMed

Iburg, U

2000-03-01

1. To ascertain serious pains and sufferings in the meaning of section 17 no. 2 b law of prevention of cruelty to animals you cannot do without the help of an expert witness for taking possession of evidence--apart from simple cases. Except the clarifying of fundamental questions concerning prevention of cruelty to animals a professional statement of the administrative veterinary surgeon will be as a rule sufficient. 2. For the actual seizure of animals for the purpose of confiscation and compulsory disposal the criminal justice is extremely dependent on the support of the authorities of administration. Therefore a trouble-free cooperation of criminal justice, veterinary authorities, animal homes and--concerning the protection of species--authorities for protection of endangered nature is imperative. 3. The main problems with the application of the regulation concerning the interdiction of keeping animals according to sections 20 and 20 a law of prevention of cruelty to animals are justified in the legal prerequisites. It is unsatisfactory that an interdiction of keeping animals cannot be imposed by summary punishment order and that a confiscation of animals is not possible by criminal proceedings in case of offence against sections 20 subsection 3, 20 a subsection 3 law of prevention of cruelty to animals. Therefore an admission of the sections as mentioned above to section 19 law of prevention of cruelty to animals seems to be convenient.

Employee perceptions of protected area law enforcement

Treesearch

Christopher J. Wynveen; Robert D. Bixler; William E. Hammitt

2006-01-01

It is widely accepted that criminal activity negatively impacts visitors? recreation experiences in the nation?s parks and forests (Fletcher 1983). To further understand how law enforcement can effectively manage criminal activity in protected areas, this study was designed to describe law enforcement and non-law enforcement rangers? perceptions of a range of law...

[Girls detained under civil and criminal law in juvenile detention centres; psychiatric disorders, trauma and psychosocial problems].

PubMed

Hamerlynck, S M J J; Doreleijers, Th A H; Vermeiren, R R J M; Cohen-Kettenis, P T

2009-01-01

As from 2008, juveniles sentenced under civil law and juveniles sentenced under criminal law can no longer be assigned to the same juvenile detention centres. The reasoning runs as follows: the centres are unlikely to provide adequate treatment for the 'civil' group, and the 'criminal' group may exert a negative influence on the 'civil' group. Hitherto, there has been no research into the question of whether the problems and treatment requirements of girls in the two categories call for detention in the same detention centres or in different ones. The aim of this study is to investigate differences between the two groups of girls with regard to offence history, sociodemographic characteristics, contact with the social services, psychiatric disorders and trauma. Investigation of a representative sample of 211 female minors in three juvenile detention centres using standard instruments. results 82% of the girls were detained under civil law, 18% under criminal law. There were strong similarities between the groups. However, the 'criminal' group more often had a violent history of delinquency and a non-Dutch background, whereas the 'civil' group more often had a background of residential placements, oppositional-defiant disorder, suicidality and self-harm. Girls detained under civil and under criminal law differed in characteristics such as criminal record, but there were striking similarities in the girls' behavioural problems and psychiatric disorders. It is argued that assignment to a particular type of detention centre should depend on treatment requirements rather than on measures imposed by civil or criminal law.

[Criminal liability in case of medical acts considered to be incompetent: article 6 of the new Italian Law 8 March 2017, n.24].

PubMed

Renzulli, Lorenzo

2017-01-01

In Italy, Law n. 24 of 8 March 2017, Article 6, introduces in the current criminal code, Article 590 sexies entitled "Medical liability in case of death and personal lesions", which follows article 590 quinquies. The new article states that a healthcare professional who has acted in accordance with guidelines approved by the National Health Institute or, if no such guidelines exist, in accordance with good clinical practices, is not criminally liable in case of death or personal lesions due to actions that could be considered to be incompetent. We discuss criminal liability of health professionals in Italy in light of this new law, and decriminalization in case of adverse event due to incompetence, also in the context of medical care provided by different health professionals.

Criminal enforcement of the Clean Water Act in the coal fields: United States vs. law and beyond

DOE Office of Scientific and Technical Information (OSTI.GOV)

Scott, P.B.; Bryant, S.B.

Criminal prosecution has become an integral part of federal enforcement of this nation's environmental laws. In fiscal year 1991, the United States Environmental Protection Agency (EPA) reported record criminal fines. From 1987 to 1991, prison time and criminal fines imposed in cases investigated by EPA more than quadrupled. Many commentators have noted, often with chagrin, the trend toward more frequent criminal prosecution. The reasons for this upsurge are both straightforward and compelling. One is society's recognition that those who illegally despoil our environment for financial gain must be severely punished. The second and more compelling reason for prosecution is themore » dramatic deterrent effect that these cases can have. While civil fines undoubtedly affect corporate behavior, too often they can be dismissed as just another cost of doing business. Law stands for the proposition that a property owner's responsibilities under the Clean Water Act (CWA) are defined by the statute. There are no [open quotes]inherent[close quotes] preconditions to those responsibilities such as original production of the pollutants discharged or absolute knowledge of the discharge before purchase of the property. The important of Law for the CWA is that the statute's terms will be given their full force-even in criminal prosecutions. What does this mean for CWA enforcement in the coal fields Regulators and prosecutors now have the answers to questions that have plagued them for years. First, it is now beyond dispute that surface land owners are liable under the CWA for Acid Mine Drainage (AMD) discharged from point sources on their property. This is so even if the AMD is generated from abandoned sites or from subsurface property or other surface property in which the landowners have no interest.« less

Temporal association between federal gun laws and the diversion of guns to criminals in Milwaukee.

PubMed

Webster, Daniel W; Vernick, Jon S; Bulzacchelli, Maria T; Vittes, Katherine A

2012-02-01

The practices of licensed gun dealers can threaten the safety of urban residents by facilitating the diversion of guns to criminals. In 2003, changes to federal law shielded gun dealers from the release of gun trace data and provided other protections to gun dealers. The 14-month period during which the dealer did not sell junk guns was associated with a 68% reduction in the diversion of guns to criminals within a year of sale by the dealer and a 43% increase in guns diverted to criminals following sales by other dealers. The laws were associated with a 203% increase in the number of guns diverted to criminals within a year of sale by the gun store, which was the focus of this study. Policies which affect gun dealer accountability appeared to influence the diversion of guns to criminals.

Criminal law repercussions on the Civil Protection System

NASA Astrophysics Data System (ADS)

Altamura, M.; Musso, L.

2009-09-01

The legal systems of our Countries provide the citizenship with a high level of protection. Personal safety and the protection of property are guaranteed by the State through organized structures among which we can include the Civil Protection. The progress of science and technology has greatly improved monitoring tools, currently used by the Civil Protection, which allow, to a certain extent, to predict and prevent risk and natural hazards. The assertion of an individual right, which in some cases has reached a constitutional rank, to benefit from Civil Protection services and the widespread perception throughout the citizenship of the competence of the system to prevent disasters, often causes people to take legal action against Civil Protection authorities should they fail in their duties to protect. However, the attempt of having both recognized an economic compensation for the suffered loss and the punishment of those whom misled, frequently undergoes criminal law. This process could have results that may jeopardize the effectiveness of Civil Protection service without meeting citizens’ demands. A dual effort is thus necessary in order to solve such a problem. On the one hand, an interdisciplinary knowledge needs to pervade criminal law in an attempt to relieve its self-referentiality and pretended supremacy. On the other hand an alternative, and more agile, system -such as civil or administrative law- has to be identified in order to respond to the legitimate requests for protection in the case of a faulty behaviour of the authorities.

Homicide by fright: the intersection of cardiology and criminal law.

PubMed

Flannery, Frank T; Oetgen, Catherine C; Oetgen, William J

2010-01-01

The prevailing lay wisdom associates emotional stress with sudden death, and recent medical reports have linked massive catecholamine surges with demonstrable cardiac dysfunction that can be either reversible or fatal. This association does not strictly prove causality, and the question remains open for additional scientific investigation. From the legal viewpoint, however, the issue has been resolved, and case law clearly holds that sudden emotional stress can cause death. More significantly, case law also holds that if the sudden emotional stress is caused by criminal conduct, the resulting death of a victim of the criminal conduct can be prosecuted as homicide. Cardiologists are often called to testify in such circumstances. In the present study, we have reviewed 8 legal cases that are the basis of current opinions in these matters. These legal principles can be summarized as follows: emotional stress is sufficient, and physical abuse is not required for conviction; a time-lapse between the induction of emotional stress and death does not necessarily mitigate the charge of homicide; the criminal act must be the proximate cause of the victim's death; however, the accused does not always need to be physically present to commit the crime. In conclusion, although the pathophysiology of sudden death associated with massive emotional stress has not been fully elucidated from a scientific viewpoint, in the legal system, the association can be causative and can be the basis for a criminal prosecution. Cardiologists may be called on to provide expert opinions in the prosecution of these cases.

The National Trajectory Project of Individuals Found Not Criminally Responsible on Account of Mental Disorder in Canada. Part 1: Context and Methods

PubMed Central

Crocker, Anne G; Nicholls, Tonia L; Seto, Michael C; Côté, Gilles; Charette, Yanick; Caulet, Malijai

2015-01-01

The National Trajectory Project examined longitudinal data from a large sample of people found not criminally responsible on account of mental disorder (NCRMD) to assess the presence of provincial differences in the application of the law, to examine the characteristics of people with serious mental illness who come into conflict with the law and receive this verdict, and to investigate the trajectories of NCRMD–accused people as they traverse the mental health and criminal justice systems. Our paper describes the rationale for the National Trajectory Project and the methods used to collect data in Quebec, Ontario, and British Columbia, the 3 most populous provinces in Canada and the 3 provinces with the most people found NCRMD. PMID:25886685

Potential Implications of Research on Genetic or Heritable Contributions to Pedophilia for the Objectives of Criminal Law

PubMed Central

Berryessa, Colleen M.

2015-01-01

In recent years, there has been increasing scientific research on possible genetic or heritable influences to the etiology of pedophilia, driven by national and public concerns about better understanding the disorder in order to reduce children’s vulnerabilities to pedophilic and child sex offenders. This research has corresponded to growing academic dialogue on how advances in genetic research, especially concerning the causes and development of particular mental disorders or behaviors, may affect traditional practices of criminal law and how the justice system views, manages, and adjudicates different types of criminal behavior and offenders. This paper strives to supplement this dialogue by exploring several of the many possible effects and implications of research surrounding genetic or heritable contributions to pedophilia for the five widely accepted objectives that enforce and regulate the punishment of criminal law. These include retribution, incapacitation, deterrence, rehabilitation, and restoration. Although still currently in early stages, genetic and heritability research on the etiology of pedophilia may have the potential moving forward to influence the current and established punitive methods and strategies of how the justice system perceives, adjudicates, regulates, and punishes pedophilic and sex offenders, as well as how to best prevent sexual offending against children by pedophilic offenders in the future. PMID:25557668

Potential implications of research on genetic or heritable contributions to pedophilia for the objectives of criminal law.

PubMed

Berryessa, Colleen M

2014-01-01

In recent years, there has been increasing scientific research on possible genetic or heritable influences to the etiology of pedophilia, driven by national and public concerns about better understanding the disorder in order to reduce children's vulnerabilities to pedophilic and child sex offenders. This research has corresponded to growing academic dialogue on how advances in genetic research, especially concerning the causes and development of particular mental disorders or behaviors, may affect traditional practices of criminal law and how the justice system views, manages, and adjudicates different types of criminal behavior and offenders. This paper strives to supplement this dialogue by exploring several of the many possible effects and implications of research surrounding genetic or heritable contributions to pedophilia for the five widely accepted objectives that enforce and regulate the punishment of criminal law. These include retribution, incapacitation, deterrence, rehabilitation, and restoration. Although still currently in early stages, genetic and heritability research on the etiology of pedophilia may have the potential moving forward to influence the current and established punitive methods and strategies of how the justice system perceives, adjudicates, regulates, and punishes pedophilic and sex offenders, as well as how to best prevent sexual offending against children by pedophilic offenders in the future.

Mistake of Criminal Law and Its Influence on the Classification of Crime

ERIC Educational Resources Information Center

Veresha, Roman V.

2016-01-01

The paper examines the characteristics of a mistake of the commitment of crime as an optional feature of the mental state of the crime. The analysis conducted offers an opportunity to state that in international criminal law, a mistake of law, although taken into account, does not generally affect the classification of crime. We uncovered and…

Personality disorders and criminal law: an international perspective.

PubMed

Sparr, Landy F

2009-01-01

At the International War Crimes Tribunal for the Former Yugoslavia (ICTY), a detention camp guard, charged with acts of murder and torture, advanced a plea of diminished responsibility. Defense psychiatrists testified that he had a personality disorder that influenced his ability to control his behavior, but a prosecution expert testified that the guard did not meet Diagnostic and Statistical Manual of Mental Disorders, Fourth Edition, Text Revision (DSM-IV-TR) criteria. Thus, the unresolved question of how the law defines a mental disease or defect for purposes of mitigation or excuse was transposed to an international setting. It has been argued in a variety of jurisdictions and national legal systems that exculpatory mental disorders must be serious, and personality disorders should not qualify. In fact, it has been proposed that the volitional aspect of excuse defenses be eliminated, and definitions of mental disease or defect narrowed. Others have argued that such exclusions are too restrictive and arbitrary. This article examines the criminal defense at ICTY and traces its origin in national jurisdictions. Mental incapacity defenses based on personality disorders are more often used in The Netherlands, England, Germany and Belgium, but seldom in Canada and rarely in the United States and Sweden.

Why can Taiwan utilize criminal law to discipline physicians?

PubMed

Ger, Jiin

2009-04-01

Modern medicine was first introduced into Taiwan by missionary hospitals in 1865. However, Japanese governors following Japan's medical reform applied modern medicine as the standard of practice in the year 1896. They also imported 150 doctors from Japan to promote public hygiene and control infectious diseases, such as malaria, plague, cholera, dysentery, etc. The reasons that the Courts started to use criminal law to deal with medical malpractice during 1950-1960s may be attributed to the following: costly and ineffective civil actions, chaotic medical licensing, a period of upheaval during the 1947 massacre (228 incident), Chinese Civil War (1947-1949), political unrest, "White Terror" and "Espionage Act" during the period of martial law (1949-1987), social injustice and economic depression. The general environment for medical practice in Taiwan has changed greatly in the past 60years. It is time for us to look around the world to set up standards of negligence for both clinical and criminal cases as soon as possible. In the mean time, the Department of Health should consider adopting the Good Medical Practice guidelines from the United Kingdom to strengthen the administrative power to regulate physicians' behaviors.

National law enforcement telecommunications network

NASA Technical Reports Server (NTRS)

Reilly, N. B.; Garrison, G. W.; Sohn, R. L.; Gallop, D. L.; Goldstein, B. L.

1975-01-01

Alternative approaches are analyzed to a National Law Enforcement Telecommunications Network (NALECOM) designed to service all state-to-state and state-to-national criminal justice communications traffic needs in the United States. Network topology options were analyzed, and equipment and personnel requirements for each option were defined in accordance with NALECOM functional specifications and design guidelines. Evaluation criteria were developed and applied to each of the options leading to specific conclusions. Detailed treatments of methods for determining traffic requirements, communication line costs, switcher configurations and costs, microwave costs, satellite system configurations and costs, facilities, operations and engineering costs, network delay analysis and network availability analysis are presented. It is concluded that a single regional switcher configuration is the optimum choice based on cost and technical factors. A two-region configuration is competitive. Multiple-region configurations are less competitive due to increasing costs without attending benefits.

Men Who have Sex with Men Who Believe that Their State has a HIV Criminal Law Report Higher Condomless Anal Sex than Those Who are Unsure of the Law in Their State.

PubMed

Horvath, Keith J; Meyer, Craig; Rosser, B R Simon

2017-01-01

We assessed the effects of beliefs about state HIV criminal law on condomless anal sex (CAS < 3 months) among men who have sex with men (MSM) residing in 16 US states (n = 2013; M = 36 years old; 75 % White; 82 % HIV-negative) completing an online survey in 2010 and stratified by residency in a state with any or sex-specific HIV criminal law(s) or where a HIV-related arrest, prosecution, or sentence enhancement (APSE) had occurred. Three-quarters of MSM reported that they were unsure of the law in their state. Men who believed there was a HIV law in their state but lived in states without any or a sex-specific HIV criminal law(s) had higher probabilities of CAS compared to those who were unsure of their state's law; men who believed there was a HIV law in their state and lived in a state where an APSE had occurred had higher probabilities of CAS compared to those who were unsure of their state's law. Correct knowledge of state law was not associated with CAS. Findings suggest that HIV criminal laws have little or counter-productive effects on MSM's risk behavior.

Non-Traditional Students and Critical Pedagogy: Transformative Practice and the Teaching of Criminal Law

ERIC Educational Resources Information Center

Menis, Susanna

2017-01-01

This article explores the practical implication of adopting critical pedagogy, and more specifically critical legal pedagogy, in the teaching of non-traditional students in higher education context. It is based on the teaching of criminal law at Birkbeck School of Law, addressing learning tasks which have been designed to enhance students'…

The National Manpower Survey of the Criminal Justice System. Volume Six: Criminal Justice Manpower Planning.

ERIC Educational Resources Information Center

National Planning Association, Washington, DC.

Focusing on data needs and methods for manpower planning and manpower projections, this document is one in a series of six volumes reporting the results of the National Manpower Survey (NMS) of the Criminal Justice System. Chapter 1 of five chapters discusses the role and objectives of criminal justice manpower planning at different levels of…

Developing the Interstate Identification Index/Federal Bureau of Investigation (III/FBI) system for providing timely criminal and civil identification and criminal history information to the nation's law enforcement agencies

NASA Astrophysics Data System (ADS)

Copeland, Patricia L.; Shugars, James

1997-02-01

The Federal Bureau of Investigation (FBI) is currently developing a new system to provide timely criminal and civil identities and criminal history information to the nation's local, state, and federal users. The Integrated Automated Fingerprint Identification System (IAFIS), an upgrade to the existing Identification Division Automated Services (IDAS) System, is scheduled for implementation in 1999 at the new FBI facility in Clarksburg, West Virginia. IAFIS will offer new capabilities for electronic transmittal of fingerprint cards to the FBI, an improved fingerprint matching algorithm, and electronic maintenance of fingerprints and photo images. The Interstate Identification Index (III/FBI) System is one of three segments comprising the umbrella IAFIS System. III/FBI provides repository, maintenance, and dissemination capabilities for the 40 million subject national criminal history database. III/FBI will perform over 1 million name searches each day. Demanding performance, reliability/maintainability/availability, and flexibility/expandability requirements make III/FBI an architectural challenge to the system developers. This paper will discuss these driving requirements and present the technical solutions in terms of leading edge hardware and software.

78 FR 44415 - Continuation of the National Emergency With Respect to Transnational Criminal Organizations

Federal Register 2010, 2011, 2012, 2013, 2014

2013-07-23

...--Continuation of the National Emergency With Respect to Transnational Criminal Organizations #0; #0; #0... Continuation of the National Emergency With Respect to Transnational Criminal Organizations On July 24, 2011, by Executive Order 13581, I declared a national emergency with respect to transnational criminal...

Law Education in the Nation's Schools.

ERIC Educational Resources Information Center

Pleasants, Susan

1979-01-01

Explains how law education within a social studies program can help students understand civil rights, criminal justice, environmental protection, the court system, and value conflicts. Journal availability: see SO 507 149. (Author/DB)

Fitness to stand trial under international criminal law: the historical context.

PubMed

Freckelton, Ian; Karagiannakis, Magda

2014-06-01

Decision-making about fitness to stand trial and the consequences of a finding of unfitness are fundamental to the integrity of any criminal justice system. They create thresholds for when mentally and physically unwell people are mandated to participate in criminal proceedings and they address the outcomes of such decisions for unwell accused persons. The jurisprudence relating to fitness to stand trial under international criminal law has particular challenges and complexities. The origins of contemporary controversies and the bases for modern decisions lie in rulings by the Nuremberg and Tokyo tribunals in the immediate aftermath of the Second World War. The decisions relating to Gustav Krupp, Rudolf Hess, Julius Streicher and Shumei Okawa wrestled with issues that have since recurred in respect of how trial systems should respond to unwellness going to the heart of whether persons can participate meaningfully in their own trials but dealing too with the temptation for persons accused of matters as serious as crimes against humanity and genocide to malinger, exaggerate symptomatology and to generate delays for strategic objectives.

HIV is a virus, not a crime: ten reasons against criminal statutes and criminal prosecutions

PubMed Central

2008-01-01

The widespread phenomenon of enacting HIV-specific laws to criminally punish transmission of, exposure to, or non-disclosure of HIV, is counter-active to good public health conceptions and repugnant to elementary human rights principles. The authors provide ten reasons why criminal laws and criminal prosecutions are bad strategy in the epidemic. PMID:19046428

Civil and criminal liability for violation of environmental laws

DOE Office of Scientific and Technical Information (OSTI.GOV)

McElveen, J.C.

1993-01-01

Over the past several years, increasing public attention has been focused on environmental pollution at facilities owned or operated by the United States Government, with particular emphasis on hazards that pollution may present to human health and the environment. In response to the concerns which are being raised, federal officials and private citizens have investigated a variety of options they have available to ensure environmental laws are being enforced and to compensate those injured by the pollution. More and more, those options have included litigation. Criminal prosecutions have been instituted against government employees, and civil suits have been filed againstmore » the government, against those who contributed to the perceived problem and against those who are endeavoring to clean up the sites. Questions have been raised about whether, and to what extent, the government should indemnify its contractors or contractors should indemnify the government. Pending legislative initiatives may address some of these problems, but potential civil and criminal liability will probably be the order of the day for the foreseeable future.« less

Law Enforcement of Consumer Protection for Safe Food Packaging in The Decisions of Criminal Justice

NASA Astrophysics Data System (ADS)

Wiryani, F.; Herwastoeti; Najih, M.; Haris, A.

2017-04-01

The right to a safe food is a human rights protected by the 1945 Constitution and legislation, including the Health Act, the Consumer Protection Act and Food Act. The law governing the rights and obligations of consumers; rights, obligations and responsibilities of businesses, as well as prohibitions and sanctions for businesses that violate. Food consumers aggrieved can file a non-litigation legal action and / or litigation. Non-litigation legal efforts made through negotiation or mediation or through Consumer Dispute Resolution Body (BPSK). The litigation efforts made by filing a lawsuit for damages to the court and / or reporting the case to the criminal law enforcement. This study specifically examines the enforcement of criminal law in the judgment as a safeguard against food consumers. Sanctions provisions setting a strategic role in an effort to make the protection of consumers of food. Patterns general formulation of the maximum penalty in the third Act is not appropriate because it too gives flexibility for the judge to make a decision as low to the Defendant. Facts on society, business agent has a dominant and strong position compared with consumers of food. These favorable conditions business agent position and vice versa less give legal protection to the Consumer Food. Preferably the pattern formulation penalty of criminal acts in the field of food using a specific minimum and maximum public.

The Criminal Corpse, Anatomists and the Criminal Law: Parliamentary Attempts to Extend the Dissection of Offenders in Late Eighteenth-Century England

PubMed Central

Ward, Richard M.

2015-01-01

In the later eighteenth century two schemes were introduced in Parliament for extending the practice of handing over the bodies of executed offenders to anatomists for dissection. Both measures were motivated by the needs of anatomy — including the improvement of surgical skill, the development of medical teaching in the provinces, and for conducting public anatomical demonstrations. Yet both failed to pass into law due to concerns about the possibly damaging effects in terms of criminal justice. Through a detailed analysis of the origins and progress of these two parliamentary measures — a moment when the competing claims of anatomy and criminal justice vied for supremacy over the criminal corpse — the following article sheds light on judicial attitudes to dissection as a method of punishment and adds to our understanding of why the dread of dissection would come to fall upon the dead poor (rather than executed offenders) in the nineteenth century. PMID:25821241

77 FR 42617 - Continuation of the National Emergency With Respect To Significant Transnational Criminal...

Federal Register 2010, 2011, 2012, 2013, 2014

2012-07-19

...--Continuation of the National Emergency With Respect to Significant Transnational Criminal Organizations #0; #0..., 2012 Continuation of the National Emergency With Respect To Significant Transnational Criminal... threat to the national security, foreign policy, and economy of the United States constituted by the...

20 CFR 670.940 - What are the requirements for criminal law enforcement jurisdiction on center property?

Code of Federal Regulations, 2010 CFR

2010-04-01

... TRAINING ADMINISTRATION, DEPARTMENT OF LABOR THE JOB CORPS UNDER TITLE I OF THE WORKFORCE INVESTMENT ACT Administrative and Management Provisions § 670.940 What are the requirements for criminal law enforcement...

Mental incapacity and criminal liability: Redrawing the fault lines?

PubMed

Peay, Jill

2015-01-01

The proper boundaries of criminal liability with respect to those with questionable mental capacity are currently under review. In its deliberations in the areas of unfitness to plead, automatism and the special verdict of not guilty by reason of insanity the Law Commission for England and Wales have been cognizant of particular difficulties in fairly attributing criminal responsibility to those whose mental capacities may or may not have impinged on their decisions, either at the time of the offence or at trial. And they have referenced the potential breaches of the European Convention on Human Rights (ECHR) posed by the state of our current laws. However, in their efforts to remedy these potential deficiencies is the Law Commission heading in a direction that is fundamentally incompatible with the direction embodied by the United Nations Convention on the Rights of People with Disabilities (CRPD)? Whether one must cede sensibly to the other, or whether some compromise might emerge, perhaps through an extension of supportive services or through the development of disability-neutral criminal law, forms the subject of this paper. Copyright © 2015 Elsevier Ltd. All rights reserved.

32 CFR 636.17 - Compliance with State laws.

Code of Federal Regulations, 2010 CFR

2010-07-01

... 32 National Defense 4 2010-07-01 2010-07-01 true Compliance with State laws. 636.17 Section 636.17 National Defense Department of Defense (Continued) DEPARTMENT OF THE ARMY (CONTINUED) LAW ENFORCEMENT AND CRIMINAL INVESTIGATIONS MOTOR VEHICLE TRAFFIC SUPERVISION (SPECIFIC INSTALLATIONS) Fort Stewart, Georgia...

Notification: Audit of EPA's Office of Criminal Enforcement, Forensics and Training's Law Enforcement Availability Pay Reporting

EPA Pesticide Factsheets

Project #OA-FY18-0075, November 30, 2017. The EPA OIG plans to begin preliminary research on the EPA Office of Criminal Enforcement, Forensics and Training's (OCEFT's) law enforcement availability pay (LEAP) reporting.

Criminal Division - Alaska Department of Law

Science.gov Websites

Criminal Division The Criminal Division works to assure safe and healthy communities by prosecuting and live in safe and healthy communities. The day-to-day prosecution services are carried out by the implicated in environmental crimes from further operations that damage the environment. The ECU is partially

'Insane criminals' and the 'criminally insane': criminal asylums in Norway, 1895-1940.

PubMed

Dahl, Hilde

2017-06-01

This article looks into the establishment and development of two criminal asylums in Norway. Influenced by international psychiatry and a European reorientation of penal law, the country chose to institutionalize insane criminals and criminally insane in separate asylums. Norway's first criminal asylum was opened in 1895, and a second in 1923, both in Trondheim. Both asylums quickly filled up with patients who often stayed for many years, and some for their entire lives. The official aim of these asylums was to confine and treat dangerous and disruptive lunatics. Goffman postulates that total institutions typically fall short of their official aims. This study examines records of the patients who were admitted to the two Trondheim asylums, in order to see if the official aims were achieved.

3 CFR - Continuation of the National Emergency With Respect to Transnational Criminal Organizations

Code of Federal Regulations, 2014 CFR

2014-01-01

... 3 The President 1 2014-01-01 2014-01-01 false Continuation of the National Emergency With Respect to Transnational Criminal Organizations Presidential Documents Other Presidential Documents Notice of July 19, 2013 Continuation of the National Emergency With Respect to Transnational Criminal Organizations On July 24, 2011, by Executive Order 1358...

The interface of the civil and criminal law of suicide at common law (1194-1845).

PubMed

Mendelson, Danuta; Freckelton, Ian

2013-01-01

Nowadays, suicide is considered essentially a private act, although what constitutes suicide for epidemiological and even clinical purposes in not wholly resolved. Historically, however, at common law, the act of self-killing was a felony with significant religious and legal consequences that impacted upon the deceased person as well as upon his or her whole family. This article identifies the influence of Christian theology, legal theory, and social and medical developments upon attitudes to the felony of self-murder and its definition. It focuses upon the start of more psychologically informed attitudes manifested in landmark court judgments involving exclusion clauses in English mid-nineteenth century insurance contracts. The article illustrates that the law in respect of socially controversial matters does not necessarily develops in a linear progression, nor does it accurately reflect public sentiments. More specifically, the article describes an ongoing definitional conundrum with suicide--whether it should be designated as committed by persons of significantly impaired mental state. The authors observe that in spite of reform to the criminal law of suicide, the civil law relating to suicide has continued to be characterised by ambivalence, ambiguity and significant vestiges of counter-therapeutic moralising. Copyright © 2013 Elsevier Ltd. All rights reserved.

Addiction between therapy and criminalization.

PubMed

Birklbauer, Alois; Schmidthuber, Kathrin

2014-12-01

The present paper delves into the question of whether and to what extent it is appropriate to leave addiction problems between the conflicting priorities of therapy and criminalization. After outlining the issue the criminal addictive behaviour including crimes associated with drug misuse and with obtaining drugs is described. Subsequently it is discussed if and how you could make allowances for addiction-related legal insanity in the criminal law sector. Following a few remarks on the principle of "voluntary therapy instead of penal sanction" as a way to alleviate the strict law on narcotic drugs misuse a summary and an outlook with criminal-political demands complete the issue.

32 CFR 634.26 - Traffic law enforcement principles.

Code of Federal Regulations, 2011 CFR

2011-07-01

... 32 National Defense 4 2011-07-01 2011-07-01 false Traffic law enforcement principles. 634.26... ENFORCEMENT AND CRIMINAL INVESTIGATIONS MOTOR VEHICLE TRAFFIC SUPERVISION Traffic Supervision § 634.26 Traffic law enforcement principles. (a) Traffic law enforcement should motivate drivers to operate vehicles...

32 CFR 634.26 - Traffic law enforcement principles.

Code of Federal Regulations, 2010 CFR

2010-07-01

... 32 National Defense 4 2010-07-01 2010-07-01 true Traffic law enforcement principles. 634.26... ENFORCEMENT AND CRIMINAL INVESTIGATIONS MOTOR VEHICLE TRAFFIC SUPERVISION Traffic Supervision § 634.26 Traffic law enforcement principles. (a) Traffic law enforcement should motivate drivers to operate vehicles...

National study of suicide in all people with a criminal justice history.

PubMed

Webb, Roger T; Qin, Ping; Stevens, Hanne; Mortensen, Preben B; Appleby, Louis; Shaw, Jenny

2011-06-01

Previous research has focused on suicide among male prisoners and ex-prisoners, but little is known about risk in the wider offender population. To examine suicide risk over 3 decades among all people processed by a national criminal justice system. Nested case-control study. The whole Danish population. Interlinked national registers identified all adult suicides during 1981 to 2006 according to any criminal justice system contact since 1980. Exposure was defined according to history of criminal justice adjudication, up to and including each subject's last judicial verdict before suicide (or date of matching for controls). There were 27 219 suicides and 524 899 controls matched on age, sex, and time, ie, controls were alive when their matched case died. Suicide. More than a third of all male cases had a criminal justice history, but relative risk against the general population was higher for women than men. Independent effects linked with criminal justice exposure persisted with confounder adjustment. Suicide risk was markedly elevated with custodial sentencing, but the strongest effects were with sentencing to psychiatric treatment and with charges conditionally withdrawn. Risk was raised even in people with a criminal justice history but without custodial sentences or guilty verdicts. It was especially high with recent or frequent contact and in people charged with violent offenses. We examined a section of society in which major health and social problems frequently coexist including offending, psychopathology, and suicidal behavior. The need for developing more far-reaching national suicide prevention strategies is indicated. In particular, improved mental health service provision is needed for all people in contact with the criminal justice system, including those not found guilty and those not given custodial sentences. Our findings also suggest that public services should be better coordinated to tackle co-occurring health and social problems more

Criminal Justice in America.

ERIC Educational Resources Information Center

Croddy, Marshall; And Others

An introduction to criminal law, processes, and justice is provided in this high school level text. Content is divided into six chapters, each treating a particular aspect of criminal procedure and the social and political issues surrounding it. Chapter 1 considers the criminal, the effects of crime on its victims, and legislation to aid victims.…

Internationalizing forensic assessments of criminal responsibility.

PubMed

Meynen, Gerben; Oei, Karel

2011-12-01

One of the important characteristics of current medicine is that it is an international endeavor. The fact that medicine is a global undertaking might even be one of its core strengths. However, the universal nature of medicine can be compromised when local issues become significant factors in medical practice. In this paper we identify criminal law as a relevant factor complicating the process of internationalizing a particular medical practice: the assessment of a defendant within the context of the question of criminal responsibility. Since criminal law--especially the laws relevant to assessments of criminal responsibility--may differ from country to country, or rather from jurisdiction to jurisdiction, forensic psychiatrists face the challenge of finding common ground and a common framework to advance these forensic psychiatric assessments. We describe the current situation and argue for internationalizing the discussion about this assessment, pointing to the example provided by assessments of competence.

The relative ineffectiveness of criminal network disruption.

PubMed

Duijn, Paul A C; Kashirin, Victor; Sloot, Peter M A

2014-02-28

Researchers, policymakers and law enforcement agencies across the globe struggle to find effective strategies to control criminal networks. The effectiveness of disruption strategies is known to depend on both network topology and network resilience. However, as these criminal networks operate in secrecy, data-driven knowledge concerning the effectiveness of different criminal network disruption strategies is very limited. By combining computational modeling and social network analysis with unique criminal network intelligence data from the Dutch Police, we discovered, in contrast to common belief, that criminal networks might even become 'stronger', after targeted attacks. On the other hand increased efficiency within criminal networks decreases its internal security, thus offering opportunities for law enforcement agencies to target these networks more deliberately. Our results emphasize the importance of criminal network interventions at an early stage, before the network gets a chance to (re-)organize to maximum resilience. In the end disruption strategies force criminal networks to become more exposed, which causes successful network disruption to become a long-term effort.

National Institute of Justice (NIJ): improving the effectiveness of law enforcement via homeland security technology improvements (Keynote Address)

NASA Astrophysics Data System (ADS)

Morgan, John S.

2005-05-01

Law enforcement agencies play a key role in protecting the nation from and responding to terrorist attacks. Preventing terrorism and promoting the nation"s security is the Department of Justice"s number one strategic priority. This is reflected in its technology development efforts, as well as its operational focus. The National Institute of Justice (NIJ) is the national focal point for the research, development, test and evaluation of technology for law enforcement. In addition to its responsibilities in supporting day-to-day criminal justice needs in areas such as less lethal weapons and forensic science, NIJ also provides critical support for counter-terrorism capacity improvements in state and local law enforcement in several areas. The most important of these areas are bomb response, concealed weapons detection, communications and information technology, which together offer the greatest potential benefit with respect to improving the ability to law enforcement agencies to respond to all types of crime including terrorist acts. NIJ coordinates its activities with several other key federal partners, including the Department of Homeland Security"s Science and Technology Directorate, the Technical Support Working Group, and the Department of Defense.

[Does the amendment of the rules of Criminal Code referring to mandatory treatment mean paradigm change in the judgement of mentally ill criminals?].

PubMed

Kalapos, Miklós Péter

2011-01-01

Talking of the Act LXXX. of 2009, the amendment of the Act IV. of 1978 on Criminal Code, the author reviews the Hungarian history of the changes of regulations referring to mentally ill criminals. He discusses the treatment regulations referring to criminals identified as insane, too. From historical and legal philosophical points of view, those parts of the modification of Criminal Code are analyzed that deal with mandatory treatment and took effect in he May 2010. The changes are judged as paradigm changing in a negative course that represents a doubtful step from the direction of perpetrator based criminal law to criminal act based criminal law.

The National Trajectory Project of Individuals Found Not Criminally Responsible on Account of Mental Disorder in Canada. Part 3: Trajectories and Outcomes Through the Forensic System

PubMed Central

Crocker, Anne G; Charette, Yanick; Seto, Michael C; Nicholls, Tonia L; Côté, Gilles; Caulet, Malijai

2015-01-01

Objective: To examine the processing and Review Board (RB) disposition outcomes of people found not criminally responsible on account of mental disorder (NCRMD) across the 3 most populous provinces in Canada. Although the Criminal Code is federally legislated, criminal justice is administered by provinces and territories. It follows that a person with mental illness who comes into conflict with the law and subsequently comes under the management of a legally mandated RB may experience different trajectories across jurisdictions. Method: The National Trajectory Project examined 1800 men and women found NCRMD in British Columbia (n = 222), Quebec (n = 1094), and Ontario (n = 484) between May 2000 and April 2005, followed until December 2008. Results: We found significant interprovincial differences in the trajectories of people found NCRMD, including time detained in hospital and time under the supervision of an RB. The odds of being conditionally or absolutely discharged by the RB varied across provinces, even after number of past offences, diagnosis at verdict, and most severe index offence (all covariates decreased likelihood of discharge) were considered. Conclusions: Considerable discrepancies in the application of NCRMD legislation and the processing of NCRMD cases through the forensic system across the provinces suggests that fair and equitable treatment under the law could be enhanced by increased national integration and collaboration. PMID:25886687

[The normative concept of guilt in criminal law between freedom of will and neurobiological determinism].

PubMed

Czerner, Frank

2006-01-01

To make criminal conduct liable to punishment, criminal responsibility, defined as individual blameworthiness in terms of social ethics, is required as point of reference--both to create and limit the state's right to punish the offender. Neurobiological findings and more recent investigations in brain research have given rise to serious doubts regarding this "conditio sine qua non" of the state's power monopoly. As a result of preceding unconscious decisions, so the argument goes, Man is not free in his will, and the normative principle of culpability would need to be relinquished in favour of a "law of measures" detached from guilt. A detailed analysis of the underlying experimental setups, in particular the investigations by Benjamin Libet involving the measurement of the readiness potential, has shown, however, that the results of the test methods do not justify the demand for a profound change up to the point of a total revision of criminal law, and that they cannot invalidate the concept of freedom of will apostrophised on principle. The empirical data obtained fail to demonstrate if and why decisions of the will should not be free, the more so as the nomothetic method used ignores completely the idiographic understanding and interpretation of the always context-related and socio-structurally (pre)-moulded personality of the offender. Performed in a laboratory setting as individual actions with a comparatively simple structure and unrelated to a concrete situation, they can by no means be translated to the (more) complex situation under which an offence is committed including the decision-making processes determined by psychodynamic, motivational and intentional aspects as well as highly specific reciprocal interactions within the offender-victim constellation. Even if these experiments had shown the determined nature of human decisions, they would not necessarily have to bring about a conceptual change of paradigms of the normative concept of guilt, because

32 CFR 634.26 - Traffic law enforcement principles.

Code of Federal Regulations, 2013 CFR

2013-07-01

... safely within traffic laws and regulations and maintain an effective and efficient flow of traffic... 32 National Defense 4 2013-07-01 2013-07-01 false Traffic law enforcement principles. 634.26... ENFORCEMENT AND CRIMINAL INVESTIGATIONS MOTOR VEHICLE TRAFFIC SUPERVISION Traffic Supervision § 634.26 Traffic...

32 CFR 634.26 - Traffic law enforcement principles.

Code of Federal Regulations, 2012 CFR

2012-07-01

... safely within traffic laws and regulations and maintain an effective and efficient flow of traffic... 32 National Defense 4 2012-07-01 2011-07-01 true Traffic law enforcement principles. 634.26... ENFORCEMENT AND CRIMINAL INVESTIGATIONS MOTOR VEHICLE TRAFFIC SUPERVISION Traffic Supervision § 634.26 Traffic...

32 CFR 634.26 - Traffic law enforcement principles.

Code of Federal Regulations, 2014 CFR

2014-07-01

... safely within traffic laws and regulations and maintain an effective and efficient flow of traffic... 32 National Defense 4 2014-07-01 2013-07-01 true Traffic law enforcement principles. 634.26... ENFORCEMENT AND CRIMINAL INVESTIGATIONS MOTOR VEHICLE TRAFFIC SUPERVISION Traffic Supervision § 634.26 Traffic...

25 CFR 11.902 - Non-criminal proceedings.

Code of Federal Regulations, 2010 CFR

2010-04-01

... BUREAU OF INDIAN AFFAIRS, DEPARTMENT OF THE INTERIOR LAW AND ORDER COURTS OF INDIAN OFFENSES AND LAW AND ORDER CODE Children's Court § 11.902 Non-criminal proceedings. No adjudication upon the status of any minor in the jurisdiction of the children's court shall be deemed criminal or be deemed a conviction of...

The Relative Ineffectiveness of Criminal Network Disruption

PubMed Central

Duijn, Paul A. C.; Kashirin, Victor; Sloot, Peter M. A.

2014-01-01

Researchers, policymakers and law enforcement agencies across the globe struggle to find effective strategies to control criminal networks. The effectiveness of disruption strategies is known to depend on both network topology and network resilience. However, as these criminal networks operate in secrecy, data-driven knowledge concerning the effectiveness of different criminal network disruption strategies is very limited. By combining computational modeling and social network analysis with unique criminal network intelligence data from the Dutch Police, we discovered, in contrast to common belief, that criminal networks might even become ‘stronger’, after targeted attacks. On the other hand increased efficiency within criminal networks decreases its internal security, thus offering opportunities for law enforcement agencies to target these networks more deliberately. Our results emphasize the importance of criminal network interventions at an early stage, before the network gets a chance to (re-)organize to maximum resilience. In the end disruption strategies force criminal networks to become more exposed, which causes successful network disruption to become a long-term effort. PMID:24577374

Confusing criminal and civil law: when may a hospital refuse to release a dead body?

PubMed

Gallagher, Steven B

2014-12-01

A United Kingdom bereavement advice group has expressed concern that hospitals in Britain may be acting "illegally" in refusing to release dead bodies to relatives unless they provide evidence that funeral arrangements have been made. In some cases, hospitals may have refused to release a body to anyone other than an undertaker. The charity argues that this behaviour constitutes the common law offence of preventing the lawful burial of a body. This article considers the confusion that may occur between this offence and interference with the right to possession of a body for lawful burial. The conclusion is that it is extremely unlikely a hospital or its employees would fall foul of the criminal law in refusing to release a dead body and may be liable in the civil courts if they release a body to someone who does not have the duty and consequent right to possession of the body for lawful burial.

Overview of criminal justice projects at Sandia National Laboratories

DOE Office of Scientific and Technical Information (OSTI.GOV)

Spencer, D.D.

1995-07-01

The criminal justice projects at SNL include three projects for the National Institute of Justice (smart gun, restraining foam, aqueous foam, corrections perimeter), a Southwest Border study, and one involving corrections agencies. It is concluded that the national technologies developed to protect nuclear and other high value assets have enormous potential for application to crime and personal safety; the difficulty lies in simplifying the technology transfer and making the new systems affordable.

INSANITY AND CRIMINAL OFFENDERS—Some Comments on the Report of Governor's Special Commissions on Insanity and Criminal Offenders

PubMed Central

McGaughey, W. M.

1963-01-01

The definition proposed by the Commissions on Insanity and Criminal Offenders for determining criminal responsibility will not resolve the issue between offenders who are considered blameworthy and regarded as criminals and those who are not. No formula is satisfactory for differentiating responsibility and irresponsibility. Determinism, which is the fundamental tenet of all science, is violated by the assumption that an individual can wilfully elect to commit an act which, in fact, is the result of causal antecedents. This concept is in conflict with the basic premise of criminal law that an individual is considered criminally responsible unless it can be proved to the contrary. Since it is unlikely that any proposal to abolish the concept of criminal responsibility would be even considered, it is suggested that no definition be used at all. Laws similar to those for the disposition of the mentally ill could be enacted, with emphasis not on the concept of criminal responsibility and moral blameworthiness but on the offender's dangerousness to others, the disposition then being planned to fit the offender rather than the offense. PMID:14081776

The National Manpower Survey of the Criminal Justice System. Volume One: Summary Report.

ERIC Educational Resources Information Center

American Institutes for Research in the Behavioral Sciences, Washington, DC.

As mandated in the 1973 Amendments to the Safe Streets Act, the National Manpower Survey of the Criminal Justice System was conducted to assess current and projected manpower needs, personnel quality, and training and education programs. Data were collected from the following sources: surveys of 8,000 executives of state and local criminal justice…

Recent criminal offending and suicide attempts: a national sample.

PubMed

Cook, Thomas Bradley

2013-05-01

Few studies have assessed the risk of suicide and suicidal behavior among the community-residing population with recent criminal justice involvement despite evidence of high rates of suicide in jails and prisons. This study assessed the association between recent arrest history and a suicide attempt in the previous year including multiple arrests and specific offense categories using a national representative sample of adults. Data were derived from 2 years of the National Survey on Drug Use and Health (2008 and 2010), a nationally representative cross-sectional survey of non-institutionalized US adults. Suicide attempts in the previous year based on self-report were assessed in relation to recent arrest history while accounting for socio-demographic factors, mental and physical health status and substance use. Suicide attempts in the previous year are relatively common among those with recent arrests (2.3 %) compared to the general US population (0.4 %), with much higher prevalence among those with multiple recent arrests or charges (4.5 %). The prevalence of recent suicide attempts among those with multiple recent arrests was highest among adults aged 25-34 (5.7 %), with similar risks between men and women, and across racial and ethnic subgroups. There was no association between arrests prior to the most recent year and recent suicide attempts. Suicide attempts are common among the non-institutionalized population of US adults with recent criminal justice involvement. Suicide prevention efforts in the criminal justice system should extend to clients who remain in the community both during and immediately following periods of court-processing. Future research is needed to better identify case and client characteristics indicating the highest suicide risk.

45 CFR 2540.204 - What procedures must I follow in conducting a National Service Criminal History Check for a...

Code of Federal Regulations, 2010 CFR

2010-10-01

... National Service Criminal History Check for a covered position? 2540.204 Section 2540.204 Public Welfare... What procedures must I follow in conducting a National Service Criminal History Check for a covered...'s review of the individual's criminal history, if any; (d) Provide a reasonable opportunity for the...

45 CFR 2540.205 - What procedures must I follow in conducting a National Service Criminal History Check for a...

Code of Federal Regulations, 2014 CFR

2014-10-01

... National Service Criminal History Check for a covered position? 2540.205 Section 2540.205 Public Welfare... What procedures must I follow in conducting a National Service Criminal History Check for a covered... criminal history check, and for the appropriate sharing of the results of the checks within the program...

45 CFR 2540.204 - What procedures must I follow in conducting a National Service Criminal History Check for a...

Code of Federal Regulations, 2012 CFR

2012-10-01

... National Service Criminal History Check for a covered position? 2540.204 Section 2540.204 Public Welfare... What procedures must I follow in conducting a National Service Criminal History Check for a covered...'s review of the individual's criminal history, if any; (d) Provide a reasonable opportunity for the...

45 CFR 2540.204 - What procedures must I follow in conducting a National Service Criminal History Check for a...

Code of Federal Regulations, 2011 CFR

2011-10-01

... National Service Criminal History Check for a covered position? 2540.204 Section 2540.204 Public Welfare... What procedures must I follow in conducting a National Service Criminal History Check for a covered...'s review of the individual's criminal history, if any; (d) Provide a reasonable opportunity for the...

The state of research funding from the National Institutes of Health for criminal justice health research

PubMed Central

Ahalt, Cyrus; Bolano, Marielle; Wang, Emily A.; Williams, Brie

2015-01-01

Background Over 20 million Americans are currently incarcerated or have been in the past. Most are from medically underserved populations; one in three African American men and one in six Latino men born in 2001 are projected to go to prison during their lifetimes. The amount of funding from the National Institutes of Health (NIH) to understand and improve the health of criminal justice-involved persons is unknown. Objective Describe NIH funding for research addressing the health and healthcare needs of criminal justice-involved individuals. Design Review of NIH grants (from 2008 through 2012) in the RePORT (Research Portfolio Online Reporting Tools) database. Setting The NIH RePORT database. Patients Criminal justice involved individuals participating in NIH-funded clinical research. Measurements NIH research and training grants awarded by number, type, research area, institute or center, and dollar amount. Results Of more than 250,000 NIH funded grants, 180 (less than 0.1%) focused on criminal justice health research. The three most common foci of criminal justice health research grants were substance use and/or HIV (64%), mental health (11%), and juvenile health (8%). Two institutes, the National Institute on Drug Abuse and the National Institute of Mental Health, funded 78% of all grants. In 2012, the NIH invested $40.9 million in criminal justice health research, or 1.5% of the $2.7 billion health disparities budget for that year. Limitations NIH-supported research that did not explicitly include current or former prisoners but may have relevance to criminal justice health was not included. Conclusions Federal funding for research focused on understanding and improving the health of criminal justice-involved persons is small, even when compared to the NIH’s overall investment in health disparities research. The NIH is well-positioned to transform the care of current and former prisoners by investing in this critical yet overlooked research area. Primary

45 CFR 2552.27 - What two search components of the National Service Criminal History Check must I satisfy to...

Code of Federal Regulations, 2011 CFR

2011-10-01

... Criminal History Check must I satisfy to determine an individual's suitability to serve in a covered... a Sponsor § 2552.27 What two search components of the National Service Criminal History Check must I... conduct and document a National Service Criminal History Check, which consists of the following two search...

45 CFR 2540.201 - To whom must I apply the National Service Criminal History Check eligibility criteria?

Code of Federal Regulations, 2014 CFR

2014-10-01

... History Check eligibility criteria? 2540.201 Section 2540.201 Public Welfare Regulations Relating to... must I apply the National Service Criminal History Check eligibility criteria? You must apply the National Service Criminal History Check eligibility criteria to individuals serving in covered positions. A...

45 CFR 2522.205 - To whom must I apply the National Service Criminal History Check eligibility criteria?

Code of Federal Regulations, 2014 CFR

2014-10-01

... History Check eligibility criteria? 2522.205 Section 2522.205 Public Welfare Regulations Relating to... apply the National Service Criminal History Check eligibility criteria? You must apply the National Service Criminal History Check eligibility criteria to individuals serving in covered positions. A covered...

45 CFR 2522.205 - To whom must I apply the National Service Criminal History Check eligibility criteria?

Code of Federal Regulations, 2013 CFR

2013-10-01

... History Check eligibility criteria? 2522.205 Section 2522.205 Public Welfare Regulations Relating to... apply the National Service Criminal History Check eligibility criteria? You must apply the National Service Criminal History Check eligibility criteria to individuals serving in covered positions. A covered...

45 CFR 2540.201 - To whom must I apply the National Service Criminal History Check eligibility criteria?

Code of Federal Regulations, 2013 CFR

2013-10-01

... History Check eligibility criteria? 2540.201 Section 2540.201 Public Welfare Regulations Relating to... must I apply the National Service Criminal History Check eligibility criteria? You must apply the National Service Criminal History Check eligibility criteria to individuals serving in covered positions. A...

The psychiatric defence and international criminal law.

PubMed

Tobin, John

2007-01-01

Following the development of the International Criminal Court (ICC) the mental state of the perpetrators of genocide, crimes against humanity and war crimes will become a more important issue in regard to defence and mitigating factors. This article examines how the International Criminal Tribunal for the Former Yugoslavia (ICTY) in particular has dealt with the mental illness defence to date, and how its judgements can serve as guidance for the ICC as it becomes the major international court of the future. The absence of a mental health defence in the Statutes of the ICTY and the International Criminal Tribunal for Rwanda has led to a reliance on the Rules of Procedure and Evidence of the two tribunals. There are major difficulties in using the mental health defence as it is defined in the Statutes of the ICC because of a requirement for the destruction of mental capacity as a valid defence. Fitness to plead and the defence of intoxication are also examined.

Syllabus Design and Construction in Criminal Justice Education.

ERIC Educational Resources Information Center

Culbertson, Robert G.; Carr, Adam F.

Undergraduate course syllabi on law enforcement, courts-law, corrections, and general criminal justice-criminology were assessed, based on 759 usable submissions from 193 junior, community, and senior colleges and universities. Based on the analysis, a set of syllabi to represent the core of a criminal justice curriculum was constructed. Course…

45 CFR 2552.29 - What procedures must I follow in conducting a National Service Criminal History Check?

Code of Federal Regulations, 2010 CFR

2010-10-01

... National Service Criminal History Check? 2552.29 Section 2552.29 Public Welfare Regulations Relating to... Service Criminal History Check? You are responsible for ensuring that the following procedures are... program is contingent upon the organization's review of the individual's criminal history, if any; (d...

45 CFR 2551.29 - What procedures must I follow in conducting a National Service Criminal History Check?

Code of Federal Regulations, 2010 CFR

2010-10-01

... National Service Criminal History Check? 2551.29 Section 2551.29 Public Welfare Regulations Relating to... Service Criminal History Check? You are responsible for ensuring that the following procedures are... program is contingent upon the organization's review of the individual's criminal history, if any; (d...

45 CFR 2551.29 - What procedures must I follow in conducting a National Service Criminal History Check?

Code of Federal Regulations, 2012 CFR

2012-10-01

... National Service Criminal History Check? 2551.29 Section 2551.29 Public Welfare Regulations Relating to... Service Criminal History Check? You are responsible for ensuring that the following procedures are... program is contingent upon the organization's review of the individual's criminal history, if any; (d...

45 CFR 2551.29 - What procedures must I follow in conducting a National Service Criminal History Check?

Code of Federal Regulations, 2011 CFR

2011-10-01

... National Service Criminal History Check? 2551.29 Section 2551.29 Public Welfare Regulations Relating to... Service Criminal History Check? You are responsible for ensuring that the following procedures are... program is contingent upon the organization's review of the individual's criminal history, if any; (d...

45 CFR 2552.29 - What procedures must I follow in conducting a National Service Criminal History Check?

Code of Federal Regulations, 2012 CFR

2012-10-01

... National Service Criminal History Check? 2552.29 Section 2552.29 Public Welfare Regulations Relating to... Service Criminal History Check? You are responsible for ensuring that the following procedures are... program is contingent upon the organization's review of the individual's criminal history, if any; (d...

45 CFR 2552.29 - What procedures must I follow in conducting a National Service Criminal History Check?

Code of Federal Regulations, 2011 CFR

2011-10-01

... National Service Criminal History Check? 2552.29 Section 2552.29 Public Welfare Regulations Relating to... Service Criminal History Check? You are responsible for ensuring that the following procedures are... program is contingent upon the organization's review of the individual's criminal history, if any; (d...

The state of research funding from the National Institutes of Health for criminal justice health research.

PubMed

Ahalt, Cyrus; Bolano, Marielle; Wang, Emily A; Williams, Brie

2015-03-03

Over 20 million Americans are currently or have been incarcerated. Most are from medically underserved populations; 1 in 3 African American men and 1 in 6 Latino men born in 2001 are projected to go to prison during their lifetime. The amount of funding from the National Institutes of Health (NIH) to understand and improve the health of persons involved with the criminal justice system is unknown. To describe NIH funding for research on the health and health care needs of criminal justice-involved persons. Review of NIH grants (2008-2012) in the RePORT (Research Portfolio Online Reporting Tools) database. U.S. criminal justice system. Criminal justice-involved persons participating in NIH-funded clinical research. NIH research and training grants awarded, by number, type, research area, institute or center, and dollar amount. Of more than 250 000 NIH-funded grants, 180 (<0.1%) focused on criminal justice health research. The 3 most common foci were substance use or HIV (64%), mental health (11%), and juvenile health (8%). The National Institute on Drug Abuse and the National Institute of Mental Health funded 78% of all grants. In 2012, the NIH invested $40.9 million in criminal justice health research, or 1.5% of the $2.7 billion health disparities budget for that year. NIH-supported research that did not explicitly include current or former prisoners but may have relevance to criminal justice health was not included. Federal funding for research focused on understanding and improving the health of criminal justice-involved persons is small, even compared with the NIH's overall investment in health disparities research. The NIH is well-positioned to transform the care of current and former prisoners by investing in this critical yet overlooked research area.

33 CFR 1.07-95 - Civil and criminal penalties.

Code of Federal Regulations, 2014 CFR

2014-07-01

... 33 Navigation and Navigable Waters 1 2014-07-01 2014-07-01 false Civil and criminal penalties. 1... GENERAL GENERAL PROVISIONS Enforcement; Civil and Criminal Penalty Proceedings § 1.07-95 Civil and criminal penalties. (a) If a violation of law or regulation carries both a civil and a criminal penalty...

26 CFR 301.6231(c)-5 - Criminal investigations.

Code of Federal Regulations, 2010 CFR

2010-04-01

... criminal investigation for violation of the internal revenue laws relating to income tax will interfere... latest taxable year of the partner to which the criminal investigation relates shall be treated as... criminal investigation and written notification is sent by the Internal Revenue Service that the partner's...

Female sexual abuse and criminal justice intervention: a comparison of child protective service and criminal justice samples.

PubMed

Bader, Shannon M; Scalora, Mario J; Casady, Thomas K; Black, Shannon

2008-01-01

The current study compared a sample of female perpetrators reported to Child Protective Services (CPS) to a sample of women from the criminal justice system. Instead of examining a clinical or criminal justice sample in isolation, this comparison allows a more accurate description of female sexual offending. Cases were drawn from a Midwestern state's child abuse registry, law enforcement records, and sex offender registry. The CPS sample consisted of 179 women, and the criminal justice system sample consisted of 57 women. All cases were reported to the agencies between 1994 and 2004. Victims ranged in age from 1 to 18 years old (M=9.98, SD=4.37). As hypothesized, there were statistically significant differences between the CPS and criminal justice samples. Specifically, the CPS sample had a majority of victims under age 12 (74.9%), while the criminal justice sample had a majority of victims between ages 13 and 19 (73.8%). The CPS sample had predominantly intrafamilial victims (97.8%), while the criminal justice sample had a majority of extrafamilial victims (63.3%). The CPS sample also showed significantly more female victims (63.7%), while the criminal justice sample had mostly male victims (62.1%). There were significant differences in the victim's age, the victim's gender and the perpetrator-victim relationship between cases managed in the CPS and the criminal justice system. The results highlight the need for further research into child welfare and law enforcement collaboration.

Panel: challenging criminal charges for HIV transmission and exposure.

PubMed

Edwardh, Marlys; Adam, Barry; Joncas, Lucie; Clayton, Michaela

2009-12-01

Justice Edwin Cameron, of the Constitutional Court of South Africa, served as moderator. He said that this topic was particularly relevant for "an African/Canadian setting" because African countries may use Canadian developments as justification for their efforts to address HIV transmission and exposure through criminal law. Justice Cameron said that Canada is internationally perceived as a human rights-respecting state and, thus, sets an example, particularly for African nations, on how to comply with human rights issues. He added that in this particular case, however, Canada was sending the wrong message. This article contains summaries of the four presentations made during this panel. Marlys Edwardh reviews how the Supreme Court of Canada in Cuerrier interpreted the concepts of "endangering life" and "fraud". Barry Adam discusses the notion of a "duty to disclose" and how this affects HIV prevention. Lucie Joncas examines how the Supreme Court defined "fraud" in Cuerrier and describes a case before the Quebec Court of Appeal which may turn on whether the use of a condom or having a low viral load is considered not to constitute a significant risk of transmission. Finally, Michaela Clayton describes the trend in Southern African countries to adopt laws criminalizing HIV transmission or exposure, and explains that criminalization endangers women's health and lives.

3 CFR - Continuation of the National Emergency With Respect To Significant Transnational Criminal...

Code of Federal Regulations, 2013 CFR

2013-01-01

... 3 The President 1 2013-01-01 2013-01-01 false Continuation of the National Emergency With Respect To Significant Transnational Criminal Organizations Presidential Documents Other Presidential Documents Notice of July 18, 2012 Continuation of the National Emergency With Respect To Significant...

Mentally disordered criminal offenders in the Swedish criminal system.

PubMed

Svennerlind, Christer; Nilsson, Thomas; Kerekes, Nóra; Andiné, Peter; Lagerkvist, Margareta; Forsman, Anders; Anckarsäter, Henrik; Malmgren, Helge

2010-01-01

Historically, the Swedish criminal justice system conformed to other Western penal law systems, exempting severely mentally disordered offenders considered to be unaccountable. However, in 1965 Sweden enforced a radical penal law abolishing exceptions based on unaccountability. Mentally disordered offenders have since then been subjected to various forms of sanctions motivated by the offender's need for care and aimed at general prevention. Until 2008, a prison sentence was not allowed for offenders found to have committed a crime under the influence of a severe mental disorder, leaving forensic psychiatric care the most common sanction in this group. Such offenders are nevertheless held criminally responsible, liable for damages, and encumbered with a criminal record. In most cases, such offenders must not be discharged without the approval of an administrative court. Two essentially modern principles may be discerned behind the "Swedish model": first, an attempted abolishment of moral responsibility, omitting concepts such as guilt, accountability, atonement, and retribution, and, second, the integration of psychiatric care into the societal reaction and control systems. The model has been much criticized, and several governmental committees have suggested a re-introduction of a system involving the concept of accountability. This review describes the Swedish special criminal justice provisions on mentally disordered offenders including the legislative changes in 1965 along with current proposals to return to a pre-1965 system, presents current Swedish forensic psychiatric practice and research, and discusses some of the ethical, political, and metaphysical presumptions that underlie the current system. Copyright 2010 Elsevier Ltd. All rights reserved.

A Profile of Criminal Incidents at School: Results from the 2003-05 National Crime Victimization Survey Crime Incident Report NCES 2010-318

ERIC Educational Resources Information Center

Ruddy, Sally A.; Bauer, Lynn; Neiman, Samantha

2010-01-01

This report provides estimates of criminal incidents that occur at school. Incident-level data were obtained from the National Crime Victimization Survey (NCVS), the nation's primary source of information on criminal victimization and criminal incidents in the United States. The NCVS collects demographic information on respondents in the NCVS…

International consultation on the criminalization of HIV transmission: 31 October-2 November 2007, Geneva, Switzerland. Joint United Nations Programme on HIV/AIDS (UNAIDS) Geneva, United Nations Development Programme (UNDP), New York, 2007.

PubMed

2009-11-01

Since the beginning of the HIV epidemic, some jurisdictions have applied criminal law to the transmission of HIV. In 2002, UNAIDS issued a policy options paper on this issue. In light of renewed calls for the application of criminal law to HIV transmission and concerns raised in this regard by the UNAIDS Reference Group on HIV and Humans Rights and others, UNDP and the UNAIDS Secretariat decided to bring together a number of legal experts and other concerned stakeholders to discuss this issue in the context of an effective human rights and public health response to HIV. The discussion would inform a UNAIDS/UNDP policy brief on this subject. It was clarified that the consultation would focus primarily on HIV transmission through sexual contact, although it was noted that concerns exist in relation to applying criminal law to HIV transmission in other contexts. This Bookshelf article consists of excerpts from the report of the meeting.

Criminal Justice in America. Second Edition.

ERIC Educational Resources Information Center

Croddy, Marshall; And Others

This comprehensive textbook on criminal justice is intended to serve as the foundation for a high school course on law-related education or as a supplement for civics, government or contemporary-issues courses. Designed to foster critical thinking and analytical skills, the book provides students with an understanding of the criminal justice…

Genes, blame and loss of control: is there a place in criminal law for a 'genetic defense'?

PubMed

Gavaghan, Colin; Bastani, Amir

2014-01-01

In 2002, Caspi and colleagues proposed that a specific gene by environment (GxE) interaction is related to antisocial tendencies. Since then, a substantial body of literature has examined the potential implications of such a correlation for the criminal justice system, and in particular, for the attribution of responsibility and blame that lies at the core of that system. It is probably accurate to say that the majority position among criminal theorists is that evidence of such a nature does not undermine or seriously challenge existing notions of responsibility, and could not constitute a full defense to a criminal charge - although it may have a role to play in sentencing. Less consideration, however, has been given to the role such evidence may play in so-called 'partial defenses' - those like diminished responsibility (DR), which serve not to exculpate the defendant entirely, but rather, to mitigate his responsibility for the criminal act. This paper aims to assess the most important feature of the Caspi Sudy - the low variant gene for the production of Monoamine Oxidase Acid A gene (MAOA-L) - and its possible role in a defense of DR. We argue that, following the approach of common law jurisdictions to analogous situations, there is no principled reason to exclude evidence of MAOA-L as a basis of DR.

45 CFR 2540.202 - What two search components of the National Service Criminal History Check must I satisfy to...

Code of Federal Regulations, 2010 CFR

2010-10-01

... Criminal History Check must I satisfy to determine an individual's suitability to serve in a covered... Service Criminal History Check must I satisfy to determine an individual's suitability to serve in a... National Service Criminal History Check, which consists of the following two search components: (a) State...

45 CFR 2540.202 - What two search components of the National Service Criminal History Check must I satisfy to...

Code of Federal Regulations, 2011 CFR

2011-10-01

... Criminal History Check must I satisfy to determine an individual's suitability to serve in a covered... Service Criminal History Check must I satisfy to determine an individual's suitability to serve in a... National Service Criminal History Check, which consists of the following two search components: (a) State...

Civil commitment and the criminal insanity plea in Israeli law.

PubMed

Toib, Josef A

2008-01-01

In Israeli jurisprudence there is a substantial difference towards mentally ill patients between the civil and penal law systems that goes well beyond differences required by their separate objectives. Mentally ill people dangerous to others due to their illness belong in the hospital, not in the community or in jail. The data gathered especially for this paper make it hard to escape the conclusion that contemporary practice in Israel does not accord with this objective. On the civil front, inaccuracy in predicting who is dangerous may lead to involuntary commitment of people who are not dangerous. On the criminal side, too few people are sent to the hospital in Israel and correspondingly too many to jail. Comparison with US data and practice shows that on the civil side prediction has been improved by using actuarial methods, while on the penal side more up to date definitions of mental illness have been adopted. Whatever the appropriate solution for Israel, surely the first requirement is recognition of the problem.

The law criminalizing attempted suicide in Ghana: the views of clinical psychologists, emergency ward nurses, and police officers.

PubMed

Hjelmeland, Heidi; Osafo, Joseph; Akotia, Charity S; Knizek, Birthe L

2014-01-01

Attempted suicide is still considered a crime in Ghana. The purpose of this study was to investigate the attitudes toward this law held by health workers and police officers in Ghana so as to provide culture-sensitive arguments to aid in abolishing the law. Qualitative interviews were conducted with eight clinical psychologists, eight emergency ward nurses, and eight police officers. The majority of informants did not agree with the law criminalizing attempted suicide in Ghana, although five of the emergency ward nurses and two police officers did. Arguments for agreeing with the law were that people have no right to take life and that the law has a deterrent effect and thus it will help reduce the suicide rate. The main argument for not agreeing with the law was that suicidal behavior is a mental health issue. Those who argued in favor of the law did not seem to reflect much on the reasons for suicidal behavior. Education on how to understand suicidal behavior and suicidal people may aid the work toward decriminalizing attempted suicide in Ghana.

Withholding and withdrawing life-sustaining treatment: criminal responsibility for established medical practice?

PubMed

White, Ben; Willmott, Lindy; Allen, John

2010-05-01

The law recognises the right of a competent adult to refuse medical treatment even if this will lead to death. Guardianship and other legislation also facilitates the making of decisions to withhold or withdraw life-sustaining treatment in certain circumstances. Despite this apparent endorsement that such decisions can be lawful, doubts have been raised in Queensland about whether decisions to withhold or withdraw life-sustaining treatment would contravene the criminal law, and particularly the duty imposed by the Criminal Code (Qld) to provide the "necessaries of life". This article considers this tension in the law and examines various arguments that might allow for such decisions to be made lawfully. It ultimately concludes, however, that criminal responsibility may still arise and so reform is needed.

Human trafficking law and social structures.

PubMed

Wooditch, Alese

2012-08-01

Human trafficking has only recently emerged at the forefront of policy reform, even in developed nations. Yet, heightened awareness of the issue has not translated into effective policy as the majority of nations have ineffective antitrafficking practices; many countries have failed to criminalize human trafficking, whereas others do not actively enforce statutes in place. By applying Black's theory of law, this study offers a preliminary understanding into the variation of global prosecutorial efforts in human trafficking and adequacy of antitrafficking law. To isolate this relationship, the effects of trafficking markets are controlled. As with prior research, the study finds limited support for the theory. The article concludes with a discussion on the implications of the quantity of antitrafficking law and morphology association for policy development.

The ability of criminal law to produce gender equality: judicial discourses in the Swedish criminal legal system.

PubMed

Burman, Monica

2010-02-01

The main aim of the Swedish Women's Peace reform in 1998 was to enhance criminal legal protection for women exposed to violence in heterosexual relationships and to promote gender equality. However, these ambitions risk being contravened in a masculinist criminal legal system. One problem concerns how the victim is constructed in criminal legal cases. The author argues that moral balancing and discourses of responsibility and guilt in Swedish cases constrain the agency possible for women and suggest that a more comprehensive policy in Sweden must be developed to include violent men, their agency, and their responsibility for the violence.

Neuroscientific and behavioral genetic information in criminal cases in the Netherlands.

PubMed

de Kogel, C H; Westgeest, E J M C

2015-11-01

In this contribution an empirical approach is used to gain more insight into the relationship between neuroscience and criminal law. The focus is on case law in the Netherlands. Neuroscientific information and techniques have found their way into the courts of the Netherlands. Furthermore, following an Italian case in which a mentally ill offender received a penalty reduction in part because of a 'genetic vulnerability for impulsive aggression', the expectation was expressed that such 'genetic defenses' would appear in the Netherlands too. To assess how neuroscientific and behavioral genetic information are used in criminal justice practice in the Netherlands, we systematically collect Dutch criminal cases in which neuroscientific or behavioral genetic information is introduced. Data and case law examples are presented and discussed. Although cases are diverse, several themes appear, such as prefrontal brain damage in relation to criminal responsibility and recidivism risk, and divergent views of the implications of neurobiological knowledge about addiction for judging criminal responsibility. Whereas in the international 'neurolaw literature' the emphasis is often on imaging techniques, the Dutch findings also illustrate the role of neuropsychological methods in criminal cases. Finally, there appears to be a clear need of practice oriented instruments and guidelines.

32 CFR 634.41 - Compliance with State laws.

Code of Federal Regulations, 2010 CFR

2010-07-01

...) Been involved in traffic accidents. (3) Prompt notice of actions by a State or host nation to suspend... CRIMINAL INVESTIGATIONS MOTOR VEHICLE TRAFFIC SUPERVISION Traffic Supervision § 634.41 Compliance with... employees to comply with State and local traffic laws when operating government motor vehicles. (b...

Managing crime through migration law in Australia and the United States: a comparative analysis.

PubMed

Hoang, Khanh; Reich, Sudrishti

2017-01-01

This article examines the intertwining of migration law and criminal law - termed 'crimmigration' by scholars - in Australia and the United States of America, and its implications for non-citizens who engage in criminal conduct. Our comparison of the two systems demonstrates that the laws and policies in both jurisdictions are similar to a significant degree. Both have strong exclusionary policies characterised by sweeping visa cancellation/removal powers, a heavy focus on enforcement, and limited review rights. In Australia, legislative amendments in 2014 have given the executive greater powers to cancel visas and remove non-citizens on character grounds as a means of ensuring national security and public safety. This has coincided with a new law enforcement body created within the Australian Department of Immigration. These changes reflect a repurposing of migration law as a tool for managing criminal threats based on the concept of 'risk management'. Drawing on the experience of the United States - where such a 'risk management' approach is entrenched - we query the utility of this shift and highlight the potential pitfalls of pursuing such a policy for Australia.

The Inextricable Link between Age and Criminal History in Sentencing

ERIC Educational Resources Information Center

Bushway, Shawn D.; Piehl, Anne Morrison

2007-01-01

In sentencing research, significant negative coefficients on age research have been interpreted as evidence that actors in the criminal justice system discriminate against younger people. This interpretation is incomplete. Criminal sentencing laws generally specify punishment in terms of the number of past events in a defendant's criminal history.…

32 CFR 1901.52 - Criminal penalties.

Code of Federal Regulations, 2011 CFR

2011-07-01

... 32 National Defense 6 2011-07-01 2011-07-01 false Criminal penalties. 1901.52 Section 1901.52 National Defense Other Regulations Relating to National Defense CENTRAL INTELLIGENCE AGENCY PUBLIC RIGHTS UNDER THE PRIVACY ACT OF 1974 Prohibitions § 1901.52 Criminal penalties. (a) Unauthorized disclosure...

32 CFR 1901.52 - Criminal penalties.

Code of Federal Regulations, 2013 CFR

2013-07-01

... 32 National Defense 6 2013-07-01 2013-07-01 false Criminal penalties. 1901.52 Section 1901.52 National Defense Other Regulations Relating to National Defense CENTRAL INTELLIGENCE AGENCY PUBLIC RIGHTS UNDER THE PRIVACY ACT OF 1974 Prohibitions § 1901.52 Criminal penalties. (a) Unauthorized disclosure...

45 CFR 2540.204 - When must I conduct a National Service Criminal History Check on an individual in a covered...

Code of Federal Regulations, 2014 CFR

2014-10-01

... History Check on an individual in a covered position? 2540.204 Section 2540.204 Public Welfare Regulations... When must I conduct a National Service Criminal History Check on an individual in a covered position? (a) Timing of the National Service Criminal History Check Components. (1) You must conduct and review...

Cyber Forensics Ontology for Cyber Criminal Investigation

NASA Astrophysics Data System (ADS)

Park, Heum; Cho, Sunho; Kwon, Hyuk-Chul

We developed Cyber Forensics Ontology for the criminal investigation in cyber space. Cyber crime is classified into cyber terror and general cyber crime, and those two classes are connected with each other. The investigation of cyber terror requires high technology, system environment and experts, and general cyber crime is connected with general crime by evidence from digital data and cyber space. Accordingly, it is difficult to determine relational crime types and collect evidence. Therefore, we considered the classifications of cyber crime, the collection of evidence in cyber space and the application of laws to cyber crime. In order to efficiently investigate cyber crime, it is necessary to integrate those concepts for each cyber crime-case. Thus, we constructed a cyber forensics domain ontology for criminal investigation in cyber space, according to the categories of cyber crime, laws, evidence and information of criminals. This ontology can be used in the process of investigating of cyber crime-cases, and for data mining of cyber crime; classification, clustering, association and detection of crime types, crime cases, evidences and criminals.

[Causality link in criminal law: role of epidemiology].

PubMed

Zocchetti, C; Riboldi, L

2003-01-01

This paper focusses on the role of epidemiology in demonstrating causality in criminal trials of toxic tort litigation. First of all, consideration is given of the specificity of the criminal trial and of the role of the epidemiologist as expert witness. As a second step the concept of causality is examined separating general from specific (individual level) causality. As regards general causality, strategies based on some criteria (example: Bradford-Hill criteria) are contrasted with approaches that do not consider causality a matter of science but one of health policy; and specific methods frequently used (meta-analysis, risk assessment, International Boards evaluation,....) are discussed, with special reference to the adoption of high-level standards and to the context of cross-examination. As regards individual level causality the difficulties of the epidemiologic approach to such evaluation are stressed, with special reference to topics like expected value, attributable risk, and probability of causation. All examples are taken from Italian court trials. A general comment on the difficulties of using the criminal trial (dominated by the "but for" rule) for toxic tort litigation and on the opportunity to switch to trials (civil, administrative) with less stringent causal rules ("more probable than not") is offered, with a consideration also of what are called "class actions".

Neuroscientific and behavioral genetic information in criminal cases in the Netherlands

PubMed Central

de Kogel, C.H.; Westgeest, E.J.M.C.

2015-01-01

In this contribution an empirical approach is used to gain more insight into the relationship between neuroscience and criminal law. The focus is on case law in the Netherlands. Neuroscientific information and techniques have found their way into the courts of the Netherlands. Furthermore, following an Italian case in which a mentally ill offender received a penalty reduction in part because of a ‘genetic vulnerability for impulsive aggression’, the expectation was expressed that such ‘genetic defenses’ would appear in the Netherlands too. To assess how neuroscientific and behavioral genetic information are used in criminal justice practice in the Netherlands, we systematically collect Dutch criminal cases in which neuroscientific or behavioral genetic information is introduced. Data and case law examples are presented and discussed. Although cases are diverse, several themes appear, such as prefrontal brain damage in relation to criminal responsibility and recidivism risk, and divergent views of the implications of neurobiological knowledge about addiction for judging criminal responsibility. Whereas in the international ‘neurolaw literature’ the emphasis is often on imaging techniques, the Dutch findings also illustrate the role of neuropsychological methods in criminal cases. Finally, there appears to be a clear need of practice oriented instruments and guidelines. PMID:27774213

Criminal Justice in America. Teacher's Guide. Second Edition.

ERIC Educational Resources Information Center

Croddy, Marshall; Hayes, Bill

This teacher's guide outlines effective strategies for using "Criminal Justice in America." This comprehensive textbook on criminal justice may serve either as the foundation for a high school law-related education course or as a supplemental text for civics, government or contemporary-issues courses. Designed to foster critical thinking…

The National Manpower Survey of the Criminal Justice System. Volume Four: Courts.

ERIC Educational Resources Information Center

National Planning Association, Washington, DC.

Focusing on adjudication manpower (judges, prosecutors, public defenders, court administrators, and probation officers), this document is one in a series of six volumes reporting the results of the National Manpower Survey (NMS) of the Criminal Justice System. Chapter 1 of six chapters summarizes the major results and recommendations of an…

The national trajectory project of individuals found not criminally responsible on account of mental disorder in Canada. Part 4: criminal recidivism.

PubMed

Charette, Yanick; Crocker, Anne G; Seto, Michael C; Salem, Leila; Nicholls, Tonia L; Caulet, Malijai

2015-03-01

To examine criminal recidivism rates of a large sample of people found not criminally responsible on account of mental disorder (NCRMD) in Canada's 3 most populous provinces, British Columbia, Ontario, and Quebec. Public concern about the dangerousness of people found NCRMD has been fed by media attention on high-profile cases. However, little research is available on the rate of reoffending among people found NCRMD across Canadian provinces. Using data from the National Trajectory Project, this study examined 1800 men and women in British Columbia (n = 222), Ontario (n = 484), and Quebec (n = 1094) who were found NCRMD between May 2000 and April 2005 and followed until December 2008. Recidivism was relatively low after 3 years (17%). There were interprovincial differences after controlling for number of prior criminal offences, diagnosis, seriousness of the index offence, and supervision by the review boards. British Columbia (10%) and Ontario (9%) were similar, whereas Quebec had almost twice the recidivism (22%). People who had committed severe violent index offences were less likely to reoffend than those who had committed less severe offences. People from the sample were less likely to reoffend when under the purview of review boards, across all 3 provinces. The results of this study, along with other research on processing differences, suggest systemic differences in the trajectories and outcomes of persons found NCRMD need to be better understood to guide national policies and practices.

The National Trajectory Project of Individuals Found Not Criminally Responsible on Account of Mental Disorder in Canada. Part 4: Criminal Recidivism

PubMed Central

Charette, Yanick; Crocker, Anne G; Seto, Michael C; Salem, Leila; Nicholls, Tonia L; Caulet, Malijai

2015-01-01

Objective: To examine criminal recidivism rates of a large sample of people found not criminally responsible on account of mental disorder (NCRMD) in Canada’s 3 most populous provinces, British Columbia, Ontario, and Quebec. Public concern about the dangerousness of people found NCRMD has been fed by media attention on high-profile cases. However, little research is available on the rate of reoffending among people found NCRMD across Canadian provinces. Method: Using data from the National Trajectory Project, this study examined 1800 men and women in British Columbia (n = 222), Ontario (n = 484), and Quebec (n = 1094) who were found NCRMD between May 2000 and April 2005 and followed until December 2008. Results: Recidivism was relatively low after 3 years (17%). There were interprovincial differences after controlling for number of prior criminal offences, diagnosis, seriousness of the index offence, and supervision by the review boards. British Columbia (10%) and Ontario (9%) were similar, whereas Quebec had almost twice the recidivism (22%). People who had committed severe violent index offences were less likely to reoffend than those who had committed less severe offences. People from the sample were less likely to reoffend when under the purview of review boards, across all 3 provinces. Conclusion: The results of this study, along with other research on processing differences, suggest systemic differences in the trajectories and outcomes of persons found NCRMD need to be better understood to guide national policies and practices. PMID:25886688

25 CFR 11.410 - Criminal mischief.

Code of Federal Regulations, 2010 CFR

2010-04-01

... 25 Indians 1 2010-04-01 2010-04-01 false Criminal mischief. 11.410 Section 11.410 Indians BUREAU OF INDIAN AFFAIRS, DEPARTMENT OF THE INTERIOR LAW AND ORDER COURTS OF INDIAN OFFENSES AND LAW AND... he or she: (1) Damages tangible property of another purposely, recklessly, or by negligence in the...

12 CFR 590.101 - State criminal usury statutes.

Code of Federal Regulations, 2011 CFR

2011-01-01

... constitution or laws of any state expressly limiting the rate or amount of interest, discount points, finance... the federal statute preempts a state law which deems it a criminal offense to charge interest at a.... The wording of the federal statute clearly expresses an intent to displace all direct state law...

12 CFR 590.101 - State criminal usury statutes.

Code of Federal Regulations, 2012 CFR

2012-01-01

... constitution or laws of any state expressly limiting the rate or amount of interest, discount points, finance... the federal statute preempts a state law which deems it a criminal offense to charge interest at a.... The wording of the federal statute clearly expresses an intent to displace all direct state law...

12 CFR 190.101 - State criminal usury statutes.

Code of Federal Regulations, 2012 CFR

2012-01-01

... constitution or laws of any state expressly limiting the rate or amount of interest, discount points, finance... the Federal statute preempts a state law which deems it a criminal offense to charge interest at a... Federal statute clearly expresses an intent to displace all direct state law restraints on interest. Any...

12 CFR 590.101 - State criminal usury statutes.

Code of Federal Regulations, 2013 CFR

2013-01-01

... constitution or laws of any state expressly limiting the rate or amount of interest, discount points, finance... the federal statute preempts a state law which deems it a criminal offense to charge interest at a.... The wording of the federal statute clearly expresses an intent to displace all direct state law...

12 CFR 190.101 - State criminal usury statutes.

Code of Federal Regulations, 2014 CFR

2014-01-01

... constitution or laws of any state expressly limiting the rate or amount of interest, discount points, finance... the Federal statute preempts a state law which deems it a criminal offense to charge interest at a... Federal statute clearly expresses an intent to displace all direct state law restraints on interest. Any...

Law on Nationality, 28 June 1988.

PubMed

1988-01-01

Among other things, this Law considers the father's and mother's blood bonds to be of the same importance in determining the nationality of their children. The principle of blood bond is applied to determine the Vietnamese nationality of a child whose parents are either Vietnamese citizens or one of whom is Vietnamese and the other without nationality or of unknown nationality (Article 6). This principle aims to ensure Vietnamese nationality for children of Vietnamese blood from their birth. The Law also stipulates that a child, one of whose parents is a Vietnamese citizen, will bear Vietnamese nationality, provided that he or she is born in Viet Nam or that his or her parents are residing in Viet Nam at the time of the birth. The parents may, however, choose another nationality for their child if they so desire. If the child is born abroad, the choice of nationality will entirely depend on his or her parents, if they have no permanent residence in Viet Nam at the time of the birth (Article 6). The law ensures Vietnamese nationality for children whose parents bear no nationality but are residing in Viet Nam. The same applies to children of unknown parents found in Viet Nam (Article 6). The rights and interests of children are guaranteed by the principles contained in Chapter 4 of the law. If the parents of a child decide to change their nationality in a normal way (to adopt, relinquish, or recover their Vietnamese nationality), their children's nationality will change accordingly. But when the parents are deprived of Vietnamese nationality or their request to be naturalized in Viet Nam is turned down, their children's nationality will not change (Article 10). full text

Scaling behaviour in the number of criminal acts committed by individuals

NASA Astrophysics Data System (ADS)

Cook, Will; Ormerod, Paul; Cooper, Ellie

2004-07-01

We examine the distribution of the extent of criminal activity by individuals in two widely cited data bases. The Cambridge Study in Delinquent Development records criminal convictions amongst a group of working class youths in the UK over a 14 year period. The Pittsburgh Youth Study measures self-reported criminal acts over intervals of six months or a year in three groups of boys in the public school system in Pittsburgh, PA. The range of the data is very substantially different between these two measures of criminal activity, one of which is convictions and the other self-reported acts. However, there are many similarities between the characteristics of the data sets. A power law relationship between the frequency and rank of the number of criminal acts describes the data well in both cases, and fits the data better than an exponential relationship. Power law distributions of macroscopic observables are ubiquitous in both the natural and social sciences. They are indicative of correlated, cooperative phenomena between groups of interacting agents at the microscopic level. However, there is evidence of a bimodal distribution, again in each case. Excluding the frequency with which zero crimes are committed or reported reduces the absolute size of the estimated exponent in the power law relationship. The exponent is virtually identical in both cases. A better fit is obtained for the tail of the distribution. In other words, there appears to be a subtle deviation from straightforward power law behaviour. The description of the data when the number of boys committing or reporting zero crimes are excluded is different from that when they are included. The crucial step in the criminal progress of an individual appears to be committing the first act. Once this happens, the number of criminal acts committed by an individual can take place on all scales.

32 CFR 26.625 - Criminal drug statute.

Code of Federal Regulations, 2012 CFR

2012-07-01

... 32 National Defense 1 2012-07-01 2012-07-01 false Criminal drug statute. 26.625 Section 26.625... REGULATIONS GOVERNMENTWIDE REQUIREMENTS FOR DRUG-FREE WORKPLACE (FINANCIAL ASSISTANCE) Definitions § 26.625 Criminal drug statute. Criminal drug statute means a Federal or non-Federal criminal statute involving the...

32 CFR 26.625 - Criminal drug statute.

Code of Federal Regulations, 2010 CFR

2010-07-01

... 32 National Defense 1 2010-07-01 2010-07-01 false Criminal drug statute. 26.625 Section 26.625... REGULATIONS GOVERNMENTWIDE REQUIREMENTS FOR DRUG-FREE WORKPLACE (FINANCIAL ASSISTANCE) Definitions § 26.625 Criminal drug statute. Criminal drug statute means a Federal or non-Federal criminal statute involving the...

32 CFR 26.625 - Criminal drug statute.

Code of Federal Regulations, 2014 CFR

2014-07-01

... 32 National Defense 1 2014-07-01 2014-07-01 false Criminal drug statute. 26.625 Section 26.625... REGULATIONS GOVERNMENTWIDE REQUIREMENTS FOR DRUG-FREE WORKPLACE (FINANCIAL ASSISTANCE) Definitions § 26.625 Criminal drug statute. Criminal drug statute means a Federal or non-Federal criminal statute involving the...

32 CFR 26.625 - Criminal drug statute.

Code of Federal Regulations, 2011 CFR

2011-07-01

... 32 National Defense 1 2011-07-01 2011-07-01 false Criminal drug statute. 26.625 Section 26.625... REGULATIONS GOVERNMENTWIDE REQUIREMENTS FOR DRUG-FREE WORKPLACE (FINANCIAL ASSISTANCE) Definitions § 26.625 Criminal drug statute. Criminal drug statute means a Federal or non-Federal criminal statute involving the...

32 CFR 26.625 - Criminal drug statute.

Code of Federal Regulations, 2013 CFR

2013-07-01

... 32 National Defense 1 2013-07-01 2013-07-01 false Criminal drug statute. 26.625 Section 26.625... REGULATIONS GOVERNMENTWIDE REQUIREMENTS FOR DRUG-FREE WORKPLACE (FINANCIAL ASSISTANCE) Definitions § 26.625 Criminal drug statute. Criminal drug statute means a Federal or non-Federal criminal statute involving the...

32 CFR 147.12 - Guideline J-Criminal conduct.

Code of Federal Regulations, 2013 CFR

2013-07-01

... 32 National Defense 1 2013-07-01 2013-07-01 false Guideline J-Criminal conduct. 147.12 Section 147.12 National Defense Department of Defense OFFICE OF THE SECRETARY OF DEFENSE PERSONNEL, MILITARY AND... Adjudication § 147.12 Guideline J—Criminal conduct. (a) The concern. A history or pattern of criminal activity...

32 CFR 147.12 - Guideline J-Criminal conduct.

Code of Federal Regulations, 2012 CFR

2012-07-01

... 32 National Defense 1 2012-07-01 2012-07-01 false Guideline J-Criminal conduct. 147.12 Section 147.12 National Defense Department of Defense OFFICE OF THE SECRETARY OF DEFENSE PERSONNEL, MILITARY AND... Adjudication § 147.12 Guideline J—Criminal conduct. (a) The concern. A history or pattern of criminal activity...

32 CFR 147.12 - Guideline J-Criminal conduct.

Code of Federal Regulations, 2011 CFR

2011-07-01

... 32 National Defense 1 2011-07-01 2011-07-01 false Guideline J-Criminal conduct. 147.12 Section 147.12 National Defense Department of Defense OFFICE OF THE SECRETARY OF DEFENSE PERSONNEL, MILITARY AND... Adjudication § 147.12 Guideline J—Criminal conduct. (a) The concern. A history or pattern of criminal activity...

32 CFR 147.12 - Guideline J-Criminal conduct.

Code of Federal Regulations, 2014 CFR

2014-07-01

... 32 National Defense 1 2014-07-01 2014-07-01 false Guideline J-Criminal conduct. 147.12 Section 147.12 National Defense Department of Defense OFFICE OF THE SECRETARY OF DEFENSE PERSONNEL, MILITARY AND... Adjudication § 147.12 Guideline J—Criminal conduct. (a) The concern. A history or pattern of criminal activity...

32 CFR 147.12 - Guideline J-Criminal conduct.

Code of Federal Regulations, 2010 CFR

2010-07-01

... 32 National Defense 1 2010-07-01 2010-07-01 false Guideline J-Criminal conduct. 147.12 Section 147.12 National Defense Department of Defense OFFICE OF THE SECRETARY OF DEFENSE PERSONNEL, MILITARY AND... Adjudication § 147.12 Guideline J—Criminal conduct. (a) The concern. A history or pattern of criminal activity...

The criminal purchase of firearm ammunition.

PubMed

Tita, G E; Braga, A A; Ridgeway, G; Pierce, G L

2006-10-01

Laws that prohibit certain individuals from owning firearms also pertain to ammunition. Whereas retail sales of firearms to criminals are regularly disrupted by instant background checks, sales of ammunition are essentially unchecked and the rate at which criminals acquire ammunition is unknown. This research describes the ammunition market and estimates the rate at which criminals are acquiring ammunition. Criminal background checks conducted on individuals purchasing ammunition in the City of Los Angeles in April and May 2004. Los Angeles, CA, USA. Ammunition purchasers. Criminal activity that prohibits one from owning, purchasing, or possessing ammunition. 2.6% (95% CI 1.9% to 3.2%) of ammunition purchasers had a prior felony conviction or another condition that prohibited them from possessing ammunition. During the study period prohibited possessors purchased 10,050 rounds of ammunition in Los Angeles. These estimates suggest that monitoring ammunition transactions may help reduce the supply of ammunition to criminals and the frequency of injuries from felonious gun assaults. Such a record can also provide information for generating leads on illegal firearm possession.

The Need for Specific Penalties for Hacking in Criminal Law

PubMed Central

Oh, Sangkyo; Lee, Kyungho

2014-01-01

In spite of the fact that hacking is a widely used term, it is still not legally established. Moreover, the definition of the concept of hacking has been deployed in a wide variety of ways in national literature. This ambiguity has led to various side effects. Recently in the United States, reforms collectively known as Aaron's Law were proposed as intended amendments to the Computer Fraud and Abuse Act (CFAA). Most experts expect that this change will put the brakes on the CFAA as a severe punishment policy, and result in a drop in controversial court decisions. In this study, we analyze the definitions and the penalties for hacking for each country and compare them with the national law and then make suggestions through more specific legislation. We expect it will reduce legal controversy and prevent excessive punishment. PMID:25032236

The need for specific penalties for hacking in criminal law.

PubMed

Oh, Sangkyo; Lee, Kyungho

2014-01-01

In spite of the fact that hacking is a widely used term, it is still not legally established. Moreover, the definition of the concept of hacking has been deployed in a wide variety of ways in national literature. This ambiguity has led to various side effects. Recently in the United States, reforms collectively known as Aaron's Law were proposed as intended amendments to the Computer Fraud and Abuse Act (CFAA). Most experts expect that this change will put the brakes on the CFAA as a severe punishment policy, and result in a drop in controversial court decisions. In this study, we analyze the definitions and the penalties for hacking for each country and compare them with the national law and then make suggestions through more specific legislation. We expect it will reduce legal controversy and prevent excessive punishment.

Special investigative actions in the criminal procedural law of Bosnia and Herzegovina, and their purposefulness in law

NASA Astrophysics Data System (ADS)

Rodic, V.

2017-05-01

Special investigative actions are a novelty in the criminal procedure legislation BiH. In our legislation this has been introduced only in 2003. These are actions that need to assist prosecutors to effectively reveal the perpetrators and the evidence of serious and complex crimes, especially organized crime. There are criminal offenses in whose execution included a larger number of people in different locations and which are carried out with the help of new communication technologies, so that it is not possible to prove the classic means of evidence (documents, physical evidence, witnesses). Unfortunately, criminals are often better organized than the state and in their criminal activities are introduced various technological developments. Therefore, the legislator extended the powers of the prosecutor and gave them into the hands of more effective mechanisms for discovering the perpetrators of these crimes. Special investigative measures are listed in the Penal Code.

The problem of "significant risk": exploring the public health impact of criminalizing HIV non-disclosure.

PubMed

Mykhalovskiy, Eric

2011-09-01

Using criminal law powers to respond to people living with HIV (PHAs) who expose sexual partners to HIV or transmit the virus to them is a prominent global HIV public policy issue. While there are widespread concerns about the public health impact of HIV-related criminalization, the social science literature on the topic is limited. This article responds to that gap in knowledge by reporting on the results of qualitative research conducted with service providers and PHAs in Canada. The article draws on a studies in the social organization of knowledge perspective and insights from critical criminology and work on the "medico-legal borderland." It investigates the role played by the legal concept of "significant risk" in coordinating criminal law governance and its interface with public health and HIV prevention. In doing so, the article emphasizes that exploring the public health impact of criminalization must move past the criminal law--PHA dyad to address broader social and institutional processes relevant to HIV prevention. Drawing on individual and focus group interviews, this article explores how criminal law governance shapes the activities of providers engaged in HIV prevention counseling, conceptualized as a complex of activities linking clinicians, public health officials, front-line counselors, PHAs, and others. It emphasizes three key findings: (1) the concept of significant risk poses serious problems to risk communication in HIV counseling and contributes to contradictory advice about disclosure obligations; (2) criminalization discourages PHAs' openness about HIV non-disclosure in counseling relationships; and (3) the recontextualization of public health interpretations of significant risk in criminal proceedings can intensify criminalization. Copyright © 2011 Elsevier Ltd. All rights reserved.

Information sharing between the National Health Service and criminal justice system in the United Kingdom.

PubMed

Lennox, Charlotte; Mason, Julie; McDonnell, Sharon; Shaw, Jenny; Senior, Jane

2012-09-01

Offenders with mental health problems often have complex and interrelated needs which separately challenge the criminal justice system (CJS) and National Health Service (NHS) in the United Kingdom (U.K.). Consequently, interagency collaboration and timely information sharing are essential. This study focused on the sharing of information about people with mental health problems in contact with the CJS. Questionnaires were distributed to a range of health and criminal justice personnel. The results showed that there was a mismatch between what service user information criminal justice agencies felt they needed and what was routinely received. Prison Service staff received more information (between 15% and 37%) from health agencies than the police (between 6% and 22%). Health professionals received most of the information they needed from criminal justice agencies (between 55% and 85%). Sharing service user information was impeded by incompatible computer systems and restrictions due to data protection/confidentiality requirements. In the U.K., recent governmental publications have highlighted the importance of information sharing; however there remains a clear mismatch between what health related information about service users criminal justice agencies need, and what is actually received. Better guidance is required to encourage and empower people to share. © 2012 International Association of Forensic Nurses.

3 CFR - Improving Availability of Relevant Executive Branch Records to the National Instant Criminal...

Code of Federal Regulations, 2014 CFR

2014-01-01

...) the Department of Defense; (ii) the Department of Health and Human Services; (iii) the Department of... National Instant Criminal Background Check System Memorandum for the Heads of Executive Departments and... its requirements, the NIAA mandated that executive departments and agencies (agencies) provide...

Criminal defense in Chinese courtrooms: an empirical inquiry.

PubMed

Liang, Bin; He, Ni Phil

2014-10-01

Scholars in the field of Chinese criminal procedure law study have long decried the meager legal protection afforded to criminal defendants on trial and the hapless status of Chinese criminal defense attorneys in the courtroom. Unfortunately, very little empirical evidence was available to shed light on how criminal defense was carried out in Chinese courtrooms. Based on observations of 325 actual criminal trials from 55 District People's Courts in J province, this study provides an opportunity to understand the mundane work performed by Chinese criminal defense attorneys. In particular, this study describes how criminal defense attorneys prepare and present their cases (as measured in terms of bail request, overall trial preparation, examination of defendants and witnesses, presentation of evidence, and overall defense strategy), and analyzes the outcomes of their performance. In addition, this study examines the discernible impact of criminal defense work due to types of legal representation utilized (legal aid vs. privately retained attorneys), numbers of attorneys representing the client, and the gender composition of the attorneys. © The Author(s) 2013.

Therapeutic Jurisprudence in Health Research: Enlisting Legal Theory as a Methodological Guide in an Interdisciplinary Case Study of Mental Health and Criminal Law.

PubMed

Ferrazzi, Priscilla; Krupa, Terry

2015-09-01

Studies that seek to understand and improve health care systems benefit from qualitative methods that employ theory to add depth, complexity, and context to analysis. Theories used in health research typically emerge from social science, but these can be inadequate for studying complex health systems. Mental health rehabilitation programs for criminal courts are complicated by their integration within the criminal justice system and by their dual health-and-justice objectives. In a qualitative multiple case study exploring the potential for these mental health court programs in Arctic communities, we assess whether a legal theory, known as therapeutic jurisprudence, functions as a useful methodological theory. Therapeutic jurisprudence, recruited across discipline boundaries, succeeds in guiding our qualitative inquiry at the complex intersection of mental health care and criminal law by providing a framework foundation for directing the study's research questions and the related propositions that focus our analysis. © The Author(s) 2014.

"We Now Have a Patient and Not a Criminal": An Exploratory Study of Judges and Lawyers' Views on Suicide Attempters and the Law in Ghana.

PubMed

Osafo, Joseph; Akotia, Charity S; Andoh-Arthur, Johnny; Boakye, Kofi E; N-B Quarshie, Emmanuel

2018-05-01

This study explored the views of judges and lawyers of the superior courts of Ghana on the law criminalizing attempted suicide. Qualitative data were collected from 12 experienced legal practitioners of the superior courts (five judges and seven lawyers) using a semi-structured interview schedule. Thematic analysis of the data yielded three main perspectives: In defence of the Law, Advocating a Repeal, and Pro-Health Orientation. Although exploratory, the findings of this study offer cues for stepping up suicide literacy and advocacy programmes toward either a repeal of the law or a reform.

The criminal purchase of firearm ammunition

PubMed Central

Tita, G E; Braga, A A; Ridgeway, G; Pierce, G L

2006-01-01

Objective Laws that prohibit certain individuals from owning firearms also pertain to ammunition. Whereas retail sales of firearms to criminals are regularly disrupted by instant background checks, sales of ammunition are essentially unchecked and the rate at which criminals acquire ammunition is unknown. This research describes the ammunition market and estimates the rate at which criminals are acquiring ammunition. Design Criminal background checks conducted on individuals purchasing ammunition in the City of Los Angeles in April and May 2004. Setting Los Angeles, CA, USA. Subjects Ammunition purchasers. Main outcome measures Criminal activity that prohibits one from owning, purchasing, or possessing ammunition. Results 2.6% (95% CI 1.9% to 3.2%) of ammunition purchasers had a prior felony conviction or another condition that prohibited them from possessing ammunition. During the study period prohibited possessors purchased 10 050 rounds of ammunition in Los Angeles. Conclusions These estimates suggest that monitoring ammunition transactions may help reduce the supply of ammunition to criminals and the frequency of injuries from felonious gun assaults. Such a record can also provide information for generating leads on illegal firearm possession. PMID:17018671

Growth and containment of a hierarchical criminal network

NASA Astrophysics Data System (ADS)

Marshak, Charles Z.; Rombach, M. Puck; Bertozzi, Andrea L.; D'Orsogna, Maria R.

2016-02-01

We model the hierarchical evolution of an organized criminal network via antagonistic recruitment and pursuit processes. Within the recruitment phase, a criminal kingpin enlists new members into the network, who in turn seek out other affiliates. New recruits are linked to established criminals according to a probability distribution that depends on the current network structure. At the same time, law enforcement agents attempt to dismantle the growing organization using pursuit strategies that initiate on the lower level nodes and that unfold as self-avoiding random walks. The global details of the organization are unknown to law enforcement, who must explore the hierarchy node by node. We halt the pursuit when certain local criteria of the network are uncovered, encoding if and when an arrest is made; the criminal network is assumed to be eradicated if the kingpin is arrested. We first analyze recruitment and study the large scale properties of the growing network; later we add pursuit and use numerical simulations to study the eradication probability in the case of three pursuit strategies, the time to first eradication, and related costs. Within the context of this model, we find that eradication becomes increasingly costly as the network increases in size and that the optimal way of arresting the kingpin is to intervene at the early stages of network formation. We discuss our results in the context of dark network disruption and their implications on possible law enforcement strategies.

Growth and containment of a hierarchical criminal network.

PubMed

Marshak, Charles Z; Rombach, M Puck; Bertozzi, Andrea L; D'Orsogna, Maria R

2016-02-01

We model the hierarchical evolution of an organized criminal network via antagonistic recruitment and pursuit processes. Within the recruitment phase, a criminal kingpin enlists new members into the network, who in turn seek out other affiliates. New recruits are linked to established criminals according to a probability distribution that depends on the current network structure. At the same time, law enforcement agents attempt to dismantle the growing organization using pursuit strategies that initiate on the lower level nodes and that unfold as self-avoiding random walks. The global details of the organization are unknown to law enforcement, who must explore the hierarchy node by node. We halt the pursuit when certain local criteria of the network are uncovered, encoding if and when an arrest is made; the criminal network is assumed to be eradicated if the kingpin is arrested. We first analyze recruitment and study the large scale properties of the growing network; later we add pursuit and use numerical simulations to study the eradication probability in the case of three pursuit strategies, the time to first eradication, and related costs. Within the context of this model, we find that eradication becomes increasingly costly as the network increases in size and that the optimal way of arresting the kingpin is to intervene at the early stages of network formation. We discuss our results in the context of dark network disruption and their implications on possible law enforcement strategies.

Neurocriminology: implications for the punishment, prediction and prevention of criminal behaviour.

PubMed

Glenn, Andrea L; Raine, Adrian

2014-01-01

Criminal behaviour and violence are increasingly viewed as worldwide public health problems. A growing body of knowledge shows that criminal behaviour has a neurobiological basis, and this has intensified judicial interest in the potential application of neuroscience to criminal law. It also gives rise to important questions. What are the implications of such application for predicting future criminal behaviour and protecting society? Can it be used to prevent violence? And what are the implications for the way offenders are punished?

Theories on Criminality and Mental Retardation Project CAMIO, Volume 2.

ERIC Educational Resources Information Center

Haskins, Jimmy R.; Friel, Charles M.

This historical review of theories on criminality and mental retardation is part of Project CAMIO (Correctional Administration and the Mentally Incompetent Offender), a Texas study to determine the incidence of criminal incarceration of the mentally retarded (MR) and to identify laws, procedures, and practices which affect the prosecution and…

Austrian National Space Law

NASA Astrophysics Data System (ADS)

Steinkogler, Cordula

2017-08-01

The Austrian Outer Space Act, which entered into force in December 2011; and the Austrian Outer Space Regulation, which has been in force since February 2015, form the legal framework for Austrian national space activities. The elaboration of national space legislation became necessary to ensure compliance with Austria's obligations as State Party to the five United Nations Space Treaties when the first two Austrian satellites were launched in 2012 and Austria became a launching state on its own. The legislation comprehensively regulates legal aspects related to space activities, such as authorization, supervision, and termination of space activities; registration and transfer of space objects; recourse of the government against the operator; as well as implementation of the law and sanctions for its infringement. One of the main purposes of the law is to ensure the authorization of national space activities. The Outer Space Act sets forth the main conditions for authorization, which inter alia refer to the expertise of the operator; requirements for orbital positions and frequency assignments; space debris mitigation, insurance requirements, and the safeguard of public order; public health; national security as well as Austrian foreign policy interests; and international law obligations. The Austrian Outer Space Regulation complements these provisions by specifying the documents the operator must submit as evidence of the fulfillment of the authorization conditions, which include the results of safety tests, emergency plans, and information on the collection and use of Earth observation data. Particular importance is attached to the mitigation of space debris. Operators are required to take measures in accordance with international space debris mitigation guidelines for the avoidance of operational debris, the prevention of on-orbit break-ups and collisions, and the removal of space objects from Earth orbit after the end of the mission. Another specificity of the

Stopping murder by medicine: introducing the Model Law on Medicine Crime.

PubMed

Attaran, Amir

2015-06-01

The iatrogenic pandemic of untreated illness related to falsified and substandard medicines is intolerable, but has a logical explanation: in many countries, inadequate laws make it barely illegal to manufacture or distribute poor-quality medicines. The law hardly punishes those who intentionally or recklessly deal in falsified or substandard medicine, when clearly it should criminalize these perpetrators in proportion to the grievous--even fatal--injury they inflict on public health. To solve this omission, this article presents a new Model Law on Medicine Crime, which countries may freely use as a template for strengthening their national laws. The Model Law includes criminal prohibitions against manufacturing, trafficking, or selling poor-quality medicines; principles for appropriately punishing offenders; special provisions for Internet-based medicine crimes; tools for encouraging whistle-blowers to cooperate with law enforcement; incentives for developing governments to strengthen their drug regulatory capacity; and important exceptions to prevent the law being abused, such as to prevent the prosecution of legitimate medical researchers or to prevent good-quality generic medicines being seized while in transit. The Model Law is discussed and explained and is offered free of charge under a Creative Commons license to any governments wanting to implement it. © The American Society of Tropical Medicine and Hygiene.

Stopping Murder by Medicine: Introducing the Model Law on Medicine Crime

PubMed Central

Attaran, Amir

2015-01-01

The iatrogenic pandemic of untreated illness related to falsified and substandard medicines is intolerable, but has a logical explanation: in many countries, inadequate laws make it barely illegal to manufacture or distribute poor-quality medicines. The law hardly punishes those who intentionally or recklessly deal in falsified or substandard medicine, when clearly it should criminalize these perpetrators in proportion to the grievous—even fatal—injury they inflict on public health. To solve this omission, this article presents a new Model Law on Medicine Crime, which countries may freely use as a template for strengthening their national laws. The Model Law includes criminal prohibitions against manufacturing, trafficking, or selling poor-quality medicines; principles for appropriately punishing offenders; special provisions for Internet-based medicine crimes; tools for encouraging whistle-blowers to cooperate with law enforcement; incentives for developing governments to strengthen their drug regulatory capacity; and important exceptions to prevent the law being abused, such as to prevent the prosecution of legitimate medical researchers or to prevent good-quality generic medicines being seized while in transit. The Model Law is discussed and explained and is offered free of charge under a Creative Commons license to any governments wanting to implement it. PMID:25897071

How do abused elderly persons and their adult protective services caseworkers view law enforcement involvement and criminal prosecution, and what impact do these views have on case processing?

PubMed

Jackson, Shelly L; Hafemeister, Thomas L

2013-01-01

This study examined law enforcement and prosecution involvement in 71 cases of elder abuse where pure financial exploitation (PFE), physical abuse (PA), neglect (Neglect), or hybrid financial exploitation (HFE) (financial exploitation co-occurring with physical abuse and/or neglect) occurred in a domestic setting. Victims of elder abuse and assigned Adult Protective Services (APS) caseworkers were systematically interviewed. Law enforcement officials were involved in 54% of the cases, and 18% of the cases were prosecuted. PA was significantly more likely to trigger a law enforcement response and to be prosecuted than Neglect or PFE. HFE involved prosecution for assault rather than financial exploitation. Generally, the victims of elder abuse were not receptive to criminal justice involvement, which appears to have a significant impact upon the level of this involvement. The reasons for this reluctance are discussed, as well as the challenges and limitations of criminal justice system involvement and related implications for policy and practice.

Domestic violence and the criminal justice system: an overview.

PubMed

Erez, Edna

2002-01-01

It is only recently that domestic violence has been considered a violation of the law. Although men have battered, abused and mistreated their wives or intimate partners for a long time, historically, wife or partner abuse has been viewed as a "normal" part of marriage or intimate relationships. Only towards the end of the twentieth century, in the 1970 s, has domestic violence been defined a crime, justifying intervention by the criminal justice system. This article surveys the history of domestic violence as a criminal offense, and the justice system response to woman battering incidents. It first discusses the definition of the offense including debates around the offense definition, and the prevalence and reported frequency of the behavior termed woman battering. It then reviews the legal and social changes over time that have altered the criminal justice system s approach to domestic violence. Next it outlines the responses of the police, and the prosecution of domestic violence. The article also discusses research findings related to domestic violence and the criminal justice system, along with current controversies concerning the justice approach to domestic violence, its law enforcement, and related unfolding trends in the movement to address domestic violence through the criminal justice system.

Mentally disordered criminal offenders: legal and criminological perspectives.

PubMed

Dahlin, Moa Kindström; Gumpert, Clara Hellner; Torstensson-Levander, Marie; Svensson, Lupita; Radovic, Susanna

2009-01-01

Legal research in Sweden has traditionally focused on a systematization of the legal rules and their practical application, while the task of studying the effects of the application of the laws has been handed over to other branches of the social sciences. In contrast, new legal theories focusing on proactive and therapeutic dimensions in law have gained increasing attention in the international arena. These approaches may be better suited for evaluating legislation governing compulsory psychiatric care. Theoretical discussions and studies of causal mechanisms underlying criminal behaviour, as well as the implementation and value of instruments for predicting behaviour, are relevant to contemporary criminological research. Criminal behaviour varies across different groups of perpetrators, and the causes can be sought in the interplay between the individual and social factors. Multi-disciplinary efforts, integrating research from forensic psychiatry, psychology, sociology, and criminology, would be beneficial in leading to a better understanding of the causes underlying criminal behaviour.

21 CFR 1405.625 - Criminal drug statute.

Code of Federal Regulations, 2012 CFR

2012-04-01

... 21 Food and Drugs 9 2012-04-01 2012-04-01 false Criminal drug statute. 1405.625 Section 1405.625 Food and Drugs OFFICE OF NATIONAL DRUG CONTROL POLICY GOVERNMENTWIDE REQUIREMENTS FOR DRUG-FREE WORKPLACE (FINANCIAL ASSISTANCE) Definitions § 1405.625 Criminal drug statute. Criminal drug statute means a...

45 CFR 1155.625 - Criminal drug statute.

Code of Federal Regulations, 2013 CFR

2013-10-01

... 45 Public Welfare 3 2013-10-01 2013-10-01 false Criminal drug statute. 1155.625 Section 1155.625... HUMANITIES NATIONAL ENDOWMENT FOR THE ARTS GOVERNMENTWIDE REQUIREMENTS FOR DRUG-FREE WORKPLACE (FINANCIAL ASSISTANCE) Definitions § 1155.625 Criminal drug statute. Criminal drug statute means a Federal or non...

45 CFR 1155.625 - Criminal drug statute.

Code of Federal Regulations, 2011 CFR

2011-10-01

... 45 Public Welfare 3 2011-10-01 2011-10-01 false Criminal drug statute. 1155.625 Section 1155.625... HUMANITIES NATIONAL ENDOWMENT FOR THE ARTS GOVERNMENTWIDE REQUIREMENTS FOR DRUG-FREE WORKPLACE (FINANCIAL ASSISTANCE) Definitions § 1155.625 Criminal drug statute. Criminal drug statute means a Federal or non...

21 CFR 1405.625 - Criminal drug statute.

Code of Federal Regulations, 2013 CFR

2013-04-01

... 21 Food and Drugs 9 2013-04-01 2013-04-01 false Criminal drug statute. 1405.625 Section 1405.625 Food and Drugs OFFICE OF NATIONAL DRUG CONTROL POLICY GOVERNMENTWIDE REQUIREMENTS FOR DRUG-FREE WORKPLACE (FINANCIAL ASSISTANCE) Definitions § 1405.625 Criminal drug statute. Criminal drug statute means a...

21 CFR 1405.625 - Criminal drug statute.

Code of Federal Regulations, 2014 CFR

2014-04-01

... 21 Food and Drugs 9 2014-04-01 2014-04-01 false Criminal drug statute. 1405.625 Section 1405.625 Food and Drugs OFFICE OF NATIONAL DRUG CONTROL POLICY GOVERNMENTWIDE REQUIREMENTS FOR DRUG-FREE WORKPLACE (FINANCIAL ASSISTANCE) Definitions § 1405.625 Criminal drug statute. Criminal drug statute means a...

45 CFR 1155.625 - Criminal drug statute.

Code of Federal Regulations, 2012 CFR

2012-10-01

... 45 Public Welfare 3 2012-10-01 2012-10-01 false Criminal drug statute. 1155.625 Section 1155.625... HUMANITIES NATIONAL ENDOWMENT FOR THE ARTS GOVERNMENTWIDE REQUIREMENTS FOR DRUG-FREE WORKPLACE (FINANCIAL ASSISTANCE) Definitions § 1155.625 Criminal drug statute. Criminal drug statute means a Federal or non...

45 CFR 1155.625 - Criminal drug statute.

Code of Federal Regulations, 2014 CFR

2014-10-01

... 45 Public Welfare 3 2014-10-01 2014-10-01 false Criminal drug statute. 1155.625 Section 1155.625... HUMANITIES NATIONAL ENDOWMENT FOR THE ARTS GOVERNMENTWIDE REQUIREMENTS FOR DRUG-FREE WORKPLACE (FINANCIAL ASSISTANCE) Definitions § 1155.625 Criminal drug statute. Criminal drug statute means a Federal or non...

Pathological States and Criminal Responsibility

PubMed Central

Wilson, D. Laurence

1965-01-01

The doctor is embarrassed in court when asked to testify to the effects of illness on a defendant's capability “of appreciating the nature and quality of an act or omission or of knowing that an act or omission is wrong”. The source of his difficulty is traced to the legal concepts of “guilt”, “crime” and “punishment” which imply a legal view of man at variance with our modern biological view. To abolish this discrepancy we need not accept a medical model for criminal law where “crime” is analogous to “disease”, and “punishment” to “treatment”. A pragmatic approach to the handling of the criminal could exclude the notions of “guilt” and “punishment” and yet fulfil the rational goals of protecting society from the criminal and of compensating his victims. PMID:14341653

45 CFR 1155.625 - Criminal drug statute.

Code of Federal Regulations, 2010 CFR

2010-10-01

... 45 Public Welfare 3 2010-10-01 2010-10-01 false Criminal drug statute. 1155.625 Section 1155.625 Public Welfare Regulations Relating to Public Welfare (Continued) NATIONAL FOUNDATION ON THE ARTS AND THE... ASSISTANCE) Definitions § 1155.625 Criminal drug statute. Criminal drug statute means a Federal or non...

25 CFR 12.3 - Who supervises Bureau of Indian Affairs criminal investigators?

Code of Federal Regulations, 2014 CFR

2014-04-01

... investigators? 12.3 Section 12.3 Indians BUREAU OF INDIAN AFFAIRS, DEPARTMENT OF THE INTERIOR LAW AND ORDER INDIAN COUNTRY LAW ENFORCEMENT Responsibilities § 12.3 Who supervises Bureau of Indian Affairs criminal... of Law Enforcement Services. ...

25 CFR 12.3 - Who supervises Bureau of Indian Affairs criminal investigators?

Code of Federal Regulations, 2013 CFR

2013-04-01

... investigators? 12.3 Section 12.3 Indians BUREAU OF INDIAN AFFAIRS, DEPARTMENT OF THE INTERIOR LAW AND ORDER INDIAN COUNTRY LAW ENFORCEMENT Responsibilities § 12.3 Who supervises Bureau of Indian Affairs criminal... of Law Enforcement Services. ...

25 CFR 12.3 - Who supervises Bureau of Indian Affairs criminal investigators?

Code of Federal Regulations, 2011 CFR

2011-04-01

... investigators? 12.3 Section 12.3 Indians BUREAU OF INDIAN AFFAIRS, DEPARTMENT OF THE INTERIOR LAW AND ORDER INDIAN COUNTRY LAW ENFORCEMENT Responsibilities § 12.3 Who supervises Bureau of Indian Affairs criminal... of Law Enforcement Services. ...

25 CFR 12.3 - Who supervises Bureau of Indian Affairs criminal investigators?

Code of Federal Regulations, 2012 CFR

2012-04-01

... investigators? 12.3 Section 12.3 Indians BUREAU OF INDIAN AFFAIRS, DEPARTMENT OF THE INTERIOR LAW AND ORDER INDIAN COUNTRY LAW ENFORCEMENT Responsibilities § 12.3 Who supervises Bureau of Indian Affairs criminal... of Law Enforcement Services. ...

25 CFR 12.3 - Who supervises Bureau of Indian Affairs criminal investigators?

Code of Federal Regulations, 2010 CFR

2010-04-01

... investigators? 12.3 Section 12.3 Indians BUREAU OF INDIAN AFFAIRS, DEPARTMENT OF THE INTERIOR LAW AND ORDER INDIAN COUNTRY LAW ENFORCEMENT Responsibilities § 12.3 Who supervises Bureau of Indian Affairs criminal... of Law Enforcement Services. ...

CRIMINAL ABORTION—A Consideration of Ways to Reduce Incidence

PubMed Central

Kummer, Jerome M.; Leavy, Zad

1961-01-01

The problem of criminal abortion in the United States is of enormous magnitude, both in terms of incidence and of resultant morbidity and mortality. Several studies suggest that one of every five pregnancies terminates in criminal abortion, or a total of more than one million abortions for 1960, with a possibility of more than 5,000 deaths resulting therefrom. The inadequate laws regarding therapeutic abortion in most jurisdictions contribute much to the problem. Tracing the origins of these laws provides additional clues concerning the development of this enigma. Suggested answers to the problem include: (1) Broadening and clarifying therapeutic abortion laws to reflect current medical practice, yet provide stringent controls; (2) prevention of unwanted pregnancy through consultation centers for women, encouragement of contraceptive research and education of the public. PMID:13755105

School Predictors of Violent Criminality in Adulthood: Findings from a Nationally Representative Longitudinal Study

ERIC Educational Resources Information Center

Katsiyannis, Antonis; Thompson, Martie P.; Barrett, David E.; Kingree, J. B.

2013-01-01

School-related problems such as poor academic performance, truancy, frequent suspensions, and grade repeating have been identified as risk factors for adolescent behavior problems. The purpose of the current study was to examine the effect of school-related factors on violent criminality in adulthood, based on data from the National Longitudinal…

Cultural Cleavage and Criminal Justice.

ERIC Educational Resources Information Center

Scheingold, Stuart A.

1978-01-01

Reviews major theories of criminal justice, proposes an alternative analytic framework which focuses on cultural factors, applies this framework to several cases, and discusses implications of a cultural perspective for rule of law values. Journal available from Office of Publication, Department of Political Science, University of Florida,…

A proposal for limited criminal liability in high-accuracy endoscopic sinus surgery.

PubMed

Voultsos, P; Casini, M; Ricci, G; Tambone, V; Midolo, E; Spagnolo, A G

2017-02-01

The aim of the present study is to propose legal reform limiting surgeons' criminal liability in high-accuracy and high-risk surgery such as endoscopic sinus surgery (ESS). The study includes a review of the medical literature, focusing on identifying and examining reasons why ESS carries a very high risk of serious complications related to inaccurate surgical manoeuvers and reviewing British and Italian legal theory and case-law on medical negligence, especially with regard to Italian Law 189/2012 (so called "Balduzzi" Law). It was found that serious complications due to inaccurate surgical manoeuvers may occur in ESS regardless of the skill, experience and prudence/diligence of the surgeon. Subjectivity should be essential to medical negligence, especially regarding high-accuracy surgery. Italian Law 189/2012 represents a good basis for the limitation of criminal liability resulting from inaccurate manoeuvres in high-accuracy surgery such as ESS. It is concluded that ESS surgeons should be relieved of criminal liability in cases of simple/ordinary negligence where guidelines have been observed. © Copyright by Società Italiana di Otorinolaringologia e Chirurgia Cervico-Facciale, Rome, Italy.

25 CFR 11.114 - What is the criminal jurisdiction of the Court of Indian Offenses?

Code of Federal Regulations, 2013 CFR

2013-04-01

... 25 Indians 1 2013-04-01 2013-04-01 false What is the criminal jurisdiction of the Court of Indian Offenses? 11.114 Section 11.114 Indians BUREAU OF INDIAN AFFAIRS, DEPARTMENT OF THE INTERIOR LAW AND ORDER COURTS OF INDIAN OFFENSES AND LAW AND ORDER CODE Application; Jurisdiction § 11.114 What is the criminal...

25 CFR 11.114 - What is the criminal jurisdiction of the Court of Indian Offenses?

Code of Federal Regulations, 2011 CFR

2011-04-01

... 25 Indians 1 2011-04-01 2011-04-01 false What is the criminal jurisdiction of the Court of Indian Offenses? 11.114 Section 11.114 Indians BUREAU OF INDIAN AFFAIRS, DEPARTMENT OF THE INTERIOR LAW AND ORDER COURTS OF INDIAN OFFENSES AND LAW AND ORDER CODE Application; Jurisdiction § 11.114 What is the criminal...

25 CFR 11.114 - What is the criminal jurisdiction of the Court of Indian Offenses?

Code of Federal Regulations, 2014 CFR

2014-04-01

... 25 Indians 1 2014-04-01 2014-04-01 false What is the criminal jurisdiction of the Court of Indian Offenses? 11.114 Section 11.114 Indians BUREAU OF INDIAN AFFAIRS, DEPARTMENT OF THE INTERIOR LAW AND ORDER COURTS OF INDIAN OFFENSES AND LAW AND ORDER CODE Application; Jurisdiction § 11.114 What is the criminal...

25 CFR 11.114 - What is the criminal jurisdiction of the Court of Indian Offenses?

Code of Federal Regulations, 2012 CFR

2012-04-01

... 25 Indians 1 2012-04-01 2011-04-01 true What is the criminal jurisdiction of the Court of Indian Offenses? 11.114 Section 11.114 Indians BUREAU OF INDIAN AFFAIRS, DEPARTMENT OF THE INTERIOR LAW AND ORDER COURTS OF INDIAN OFFENSES AND LAW AND ORDER CODE Application; Jurisdiction § 11.114 What is the criminal...

Information Sharing and Interoperability in Law Enforcement: An Investigation of Federal Criminal Justice Information Systems Use by State/Local Law Enforcement Organizations

DTIC Science & Technology

2003-04-09

reduction, marijuana eradication, mobile enforcement teams, and the Organized Crime Drug Enforcement Task Force. The DEA also operates eight laboratories...Owens’ Columbine Review Commission. Denver , CO: State of Colorado . Council on Foreign Relations. 2002. FBI and Law Enforcement. Washington DC...results of this research indicate high usage and perceived usefulness of the National Crime Information Center Network (NCIC Net), National Law

32 CFR 635.5 - Police Intelligence/Criminal Information.

Code of Federal Regulations, 2011 CFR

2011-07-01

... 32 National Defense 4 2011-07-01 2011-07-01 false Police Intelligence/Criminal Information. 635.5... Intelligence/Criminal Information. (a) The purpose of gathering police intelligence is to identify individuals.... If police intelligence is developed to the point where it factually establishes a criminal offense...

32 CFR 635.5 - Police Intelligence/Criminal Information.

Code of Federal Regulations, 2012 CFR

2012-07-01

... 32 National Defense 4 2012-07-01 2011-07-01 true Police Intelligence/Criminal Information. 635.5... Intelligence/Criminal Information. (a) The purpose of gathering police intelligence is to identify individuals.... If police intelligence is developed to the point where it factually establishes a criminal offense...

32 CFR 635.5 - Police Intelligence/Criminal Information.

Code of Federal Regulations, 2010 CFR

2010-07-01

... 32 National Defense 4 2010-07-01 2010-07-01 true Police Intelligence/Criminal Information. 635.5... Intelligence/Criminal Information. (a) The purpose of gathering police intelligence is to identify individuals.... If police intelligence is developed to the point where it factually establishes a criminal offense...

32 CFR 635.5 - Police Intelligence/Criminal Information.

Code of Federal Regulations, 2014 CFR

2014-07-01

... 32 National Defense 4 2014-07-01 2013-07-01 true Police Intelligence/Criminal Information. 635.5... Intelligence/Criminal Information. (a) The purpose of gathering police intelligence is to identify individuals.... If police intelligence is developed to the point where it factually establishes a criminal offense...

32 CFR 635.5 - Police Intelligence/Criminal Information.

Code of Federal Regulations, 2013 CFR

2013-07-01

... 32 National Defense 4 2013-07-01 2013-07-01 false Police Intelligence/Criminal Information. 635.5... Intelligence/Criminal Information. (a) The purpose of gathering police intelligence is to identify individuals.... If police intelligence is developed to the point where it factually establishes a criminal offense...

Crimes Of War And The Force Of Law

ERIC Educational Resources Information Center

Hagan, John; Levi, Ron

2005-01-01

The origin and enforcement of criminal law are central to the sociological study of crime, yet we know relatively little about how the coercive apparatus of criminalization is actualized through prosecutorial and court practices. We use Bourdieu's extension of Weber's analysis of law to develop a perspective on fields of practice, the juridical…

Program Guide for Criminal Justice.

ERIC Educational Resources Information Center

Stinchcomb, James D.

This program guide is intended to assist practitioners in developing a course to prepare students for employment in the fields of law enforcement, courts, and corrections in the state of Florida. The introductory sections describe the major concepts and content addressed in the course and the responsibilities of criminal justice sworn personnel,…

A Snapshot of Serial Rape: An Investigation of Criminal Sophistication and Use of Force on Victim Injury and Severity of the Assault.

PubMed

de Heer, Brooke

2016-02-01

Prior research on rapes reported to law enforcement has identified criminal sophistication and the use of force against the victim as possible unique identifiers to serial rape versus one-time rape. This study sought to contribute to the current literature on reported serial rape by investigating how the level of criminal sophistication of the rapist and use of force used were associated with two important outcomes of rape: victim injury and overall severity of the assault. In addition, it was evaluated whether rapist and victim ethnicity affected these relationships. A nation-wide sample of serial rape cases reported to law enforcement collected by the Federal Bureau of Investigation (FBI) was analyzed (108 rapists, 543 victims). Results indicated that serial rapists typically used a limited amount of force against the victim and displayed a high degree of criminal sophistication. In addition, the more criminally sophisticated the perpetrator was, the more sexual acts he performed on his victim. Finally, rapes between a White rapist and White victim were found to exhibit higher levels of criminal sophistication and were more severe in terms of number and types of sexual acts committed. These findings provide a more in-depth understanding of serial rape that can inform both academics and practitioners in the field about contributors to victim injury and severity of the assault. © The Author(s) 2014.

Michigan Sex-Offender Law Has Educators in Uproar

ERIC Educational Resources Information Center

Maxwell, Lesli A.

2006-01-01

This article discusses a new state law which has stirred up a fierce dispute over privacy rights, as innocent school employees in Michigan have begun learning that they have been misidentified as criminals. The Student Safety Initiative, a series of laws that took effect January 1, required Michigan school districts to obtain criminal-background…

Felonious or violent criminal activity that prohibits gun ownership among prior purchasers of handguns: incidence and risk factors.

PubMed

Wright, Mona A; Wintemute, Garen J

2010-10-01

Federal law prohibits firearm possession by felons and certain others. Little is known about criminal activity resulting in new ineligibility to possess firearms among persons who have previously purchased them. Cohort study of handgun purchasers ages 21 to 49 in California in 1991, 2,761 with a non-prohibiting criminal history at the time of purchase and 4,495 with no prior criminal record, followed for up to 5 years. The primary outcome measures were the incidence and relative risk of conviction for a felony or violent misdemeanor resulting in ineligibility to possess firearms under (a) California law or (b) federal law. Secondary measures were the incidence and relative risk of conviction for murder, forcible rape, robbery, or aggravated assault; and of arrest for any crime. A new conviction for a felony or violent misdemeanor leading to ineligibility to possess firearms under federal law was identified for 0.9% of subjects with no prior criminal history and 4.5% of those with 1 or more prior convictions (hazard ratio, 5.1; 95% confidence interval, 3.3-7.7). Risk was related inversely to age and directly to the extent of the prior criminal history; incidence rates varied by a factor of 200 or more among subgroups based on these characteristics. Among legal purchasers of handguns, the incidence of new felonious and violent criminal activity resulting in ineligibility to possess firearms is low for those with no prior criminal history but is substantially higher for those with a prior criminal record and is affected by demographic characteristics.

From sickness to badness: the criminalization of HIV in Michigan.

PubMed

Hoppe, Trevor

2014-01-01

Sociological approaches to the social control of sickness have tended to focus on medicalization or the process through which social phenomena come to be regulated by medicine. Much less is known about how social problems historically understood as medical come to be governed by the criminal law, or what I term the "criminalization of sickness." Thirty three US states have enacted criminal statutes that require all HIV-positive individuals to disclose their infection before engaging in a wide range of sexual practices. Drawing on evidence from 58 felony nondisclosure convictions in Michigan (95% of all convictions between 1992 and 2010), I argue that the enforcement of the state's HIV disclosure law is not driven by medical concerns or public health considerations. Rather, it reflects pervasive moralizing narratives that frame HIV as a moral infection requiring interdiction and punishment. Copyright © 2013 Elsevier Ltd. All rights reserved.

Using Technology to Improve the Objectivity of Criminal Responsibility Evaluations.

PubMed

Vitacco, Michael J; Gottfried, Emily D; Batastini, Ashley B

2018-03-01

Criminal responsibility (or insanity) evaluations require forensic clinicians to reconstruct a defendant's decision-making abilities, behavioral control, and emotional state at the time of the criminal act. Forensic evaluators are ultimately tasked to evaluate whether an individual had the capacity to understand right from wrong, and in some jurisdictions, determine whether the defendant lacked substantial capacity to conform his behavior to the requirements of the law as a result of a threshold condition (e.g., mental illness). Insanity evaluations are inherently complex, because they require the clinician to determine someone's mental state at some point in the past (weeks, months, or even years). Recent research on insanity evaluations underscores significant problems with the reliability and validity of these evaluations. However, technological advances including social media (e.g., Facebook and Twitter), mandating that law enforcement videotape interrogations, and the use of body and dashboard cameras can aid clinicians in improving the precision and quality of insanity evaluations. This article discusses practical guidelines and ethics-related concerns regarding the use of technology to improve the objectivity of criminal responsibility evaluations. © 2018 American Academy of Psychiatry and the Law.

The criminal act of commercial surrogacy in Australia: a call for review.

PubMed

Stuhmcke, Anita

2011-03-01

Australian surrogacy legislation punishes the pursuit of a commercial surrogacy arrangement as a criminal offence. Such legislation was first introduced in Victoria in 1986 and has since been applied in every Australian jurisdiction except for the Northern Territory. The current application of criminal law is based upon this 1980s policy which has never been subject to public debate. This article argues that the continued application of criminal penalties to commercial surrogacy requires review.

14 CFR 1212.801 - Criminal penalties.

Code of Federal Regulations, 2011 CFR

2011-01-01

... 14 Aeronautics and Space 5 2011-01-01 2010-01-01 true Criminal penalties. 1212.801 Section 1212.801 Aeronautics and Space NATIONAL AERONAUTICS AND SPACE ADMINISTRATION PRIVACY ACT-NASA REGULATIONS Failure To Comply With Requirements of This Part § 1212.801 Criminal penalties. (a) A NASA officer or...

14 CFR 1212.801 - Criminal penalties.

Code of Federal Regulations, 2010 CFR

2010-01-01

... 14 Aeronautics and Space 5 2010-01-01 2010-01-01 false Criminal penalties. 1212.801 Section 1212.801 Aeronautics and Space NATIONAL AERONAUTICS AND SPACE ADMINISTRATION PRIVACY ACT-NASA REGULATIONS Failure To Comply With Requirements of This Part § 1212.801 Criminal penalties. (a) A NASA officer or...

Criminal undercover agents or "bad people" doing "good things".

PubMed

Amir, Menachem

2003-08-01

Information and intelligence have always been, and will remain, the most essential components of policing and indeed all law enforcement and security work, including the variety of drug control efforts. Sources of information are varied, ranging from everyday interactions of officers of the law with the public, anonymous reports, the use of paid and unpaid informants from the criminal underworld to law enforcement's and security services' use of agents. This presentation, based on interviews with "handlers" of informants who are offenders, who supply information and evidence against other criminals, and who may have been former comrades of the criminals, explores the dilemmas that informers and their handlers face at each stage of the operation from recruitment to operation in the field, until they "finger" their targets and become state witnesses. During each stage of the operation, agents' motivations, fears, sense of betrayal (being betrayed and betraying others), being snitches, the need to protect their identities, as well as their dependency upon their handlers, are the primary issues to be considered and resolved. Handlers may have to tolerate agents' commission of crimes during operations and often may also have to "treat" the informant's spouse. Borrowed identity, which is the main meaning and dynamic of the informants' actions and of any undercover work, will also be analyzed. This presentation, designed to allow for a presentation of relevant parameters so as to permit the comparative study and classification of undercover work by criminals, will also note critical unresolved issues in this area as well as suggest future needed research.

Criminal-justice and school sanctions against nonheterosexual youth: a national longitudinal study.

PubMed

Himmelstein, Kathryn E W; Brückner, Hannah

2011-01-01

Nonheterosexual adolescents are vulnerable to health risks including addiction, bullying, and familial abuse. We examined whether they also suffer disproportionate school and criminal-justice sanctions. The National Longitudinal Study of Adolescent Health followed a nationally representative sample of adolescents who were in grades 7 through 12 in 1994-1995. Data from the 1994-1995 survey and the 2001-2002 follow-up were analyzed. Three measures were used to assess nonheterosexuality: same-sex attraction, same-sex romantic relationships, and lesbian, gay, or bisexual (LGB) self-identification. Six outcomes were assessed: school expulsion; police stops; juvenile arrest; juvenile conviction; adult arrest; and adult conviction. Multivariate analyses controlled for adolescents' sociodemographics and behaviors, including illegal conduct. Nonheterosexuality consistently predicted a higher risk for sanctions. For example, in multivariate analyses, nonheterosexual adolescents had greater odds of being stopped by the police (odds ratio: 1.38 [P < .0001] for same-sex attraction and 1.53 [P < .0001] for LGB self-identification). Similar trends were observed for school expulsion, juvenile arrest and conviction, and adult conviction. Nonheterosexual girls were at particularly high risk. Nonheterosexual youth suffer disproportionate educational and criminal-justice punishments that are not explained by greater engagement in illegal or transgressive behaviors. Understanding and addressing these disparities might reduce school expulsions, arrests, and incarceration and their dire social and health consequences.

75 FR 32532 - Notice of Meeting of the Advisory Committee on International Law

Federal Register 2010, 2011, 2012, 2013, 2014

2010-06-08

... International Law A meeting of the Advisory Committee on International Law will take place on Monday, June 21, 2010, from 9:30 a.m. to approximately 5:30 p.m., at the George Washington University Law School... Criminal Court review conference and ad hoc international criminal tribunals; the law of war regarding...

Variability of child access prevention laws and pediatric firearm injuries.

PubMed

Hamilton, Emma C; Miller, Charles C; Cox, Charles S; Lally, Kevin P; Austin, Mary T

2018-04-01

State-level child access prevention (CAP) laws impose criminal liability on adults who negligently allow children access to firearms. The CAP laws can be further divided into strong CAP laws which impose criminal liability for negligently stored firearms and weak CAP laws that prohibit adults from intentionally, knowingly, and/or recklessly providing firearms to a minor. We hypothesized that strong CAP laws would be associated with a greater reduction in pediatric firearm injuries than weak CAP laws. We constructed a cross-sectional national study using the Healthcare Cost and Utilization Project-Kids Inpatient Database from 2006 and 2009 using weighted counts of firearm-related admissions among children younger than 18 years. Poisson regression was used to estimate the association of CAP laws with pediatric firearm injuries. After adjusting for race, sex, age, and socioeconomic income quartile, strong CAP laws were associated with a significant reduction in all (incidence rate ratio, 0.70; 95% confidence interval, 0.52-0.93), self-inflicted (incidence rate ratio, 0.46; 95% confidence interval, 0.26-0.79), and unintentional (incidence rate ratio, 0.56; 95% confidence interval, 0.43-0.74) pediatric firearm injuries. Weak CAP laws, which only impose liability for reckless endangerment, were associated with an increased risk of all pediatric firearm injuries. The association of CAP laws on hospitalizations for pediatric firearm injuries differed greatly depending on whether a state had adopted a strong CAP law or a weak CAP law. Implementation of strong CAP laws by each state, which require safe storage of firearms, has the potential to significantly reduce pediatric firearm injuries. Prognostic and epidemiology study, level III.

The Laws Are Yours.

ERIC Educational Resources Information Center

Lawyers' Wives of Wisconsin, Racine.

The pamphlet briefly describes various facets of the law and legal system in Wisconsin, and defines many legal terms. The objective is to further public understanding of the law and of the legal profession, particularly in Wisconsin. No attempt is made to answer specific legal questions. Sections cover civil and criminal law; the federal court…

Health Insurance Portability and Accountability Act (HIPAA) Privacy Rule and the National Instant Criminal Background Check System (NICS). Final rule.

PubMed

2016-01-06

The Department of Health and Human Services (HHS or "the Department'') is issuing this final rule to modify the Health Insurance Portability and Accountability Act of 1996 (HIPAA) Privacy Rule to expressly permit certain HIPAA covered entities to disclose to the National Instant Criminal Background Check System (NICS) the identities of individuals who are subject to a Federal "mental health prohibitor'' that disqualifies them from shipping, transporting, possessing, or receiving a firearm. The NICS is a national system maintained by the Federal Bureau of Investigation (FBI) to conduct background checks on persons who may be disqualified from receiving firearms based on Federally prohibited categories or State law. Among the persons subject to the Federal mental health prohibitor established under the Gun Control Act of 1968 and implementing regulations issued by the Department of Justice (DOJ) are individuals who have been involuntarily committed to a mental institution; found incompetent to stand trial or not guilty by reason of insanity; or otherwise have been determined by a court, board, commission, or other lawful authority to be a danger to themselves or others or to lack the mental capacity to contract or manage their own affairs, as a result of marked subnormal intelligence or mental illness, incompetency, condition, or disease. Under this final rule, only covered entities with lawful authority to make the adjudications or commitment decisions that make individuals subject to the Federal mental health prohibitor, or that serve as repositories of information for NICS reporting purposes, are permitted to disclose the information needed for these purposes. The disclosure is restricted to limited demographic and certain other information needed for NICS purposes. The rule specifically prohibits the disclosure of diagnostic or clinical information, from medical records or other sources, and any mental health information beyond the indication that the individual

45 CFR 73.735-503 - Criminal provisions relating to gifts, entertainment, and favors.

Code of Federal Regulations, 2011 CFR

2011-10-01

..., entertainment, and favors. 73.735-503 Section 73.735-503 Public Welfare DEPARTMENT OF HEALTH AND HUMAN SERVICES GENERAL ADMINISTRATION STANDARDS OF CONDUCT Gifts, Entertainment, and Favors § 73.735-503 Criminal provisions relating to gifts, entertainment, and favors. (a) The law provides criminal penalties for whoever...

45 CFR 73.735-503 - Criminal provisions relating to gifts, entertainment, and favors.

Code of Federal Regulations, 2013 CFR

2013-10-01

..., entertainment, and favors. 73.735-503 Section 73.735-503 Public Welfare DEPARTMENT OF HEALTH AND HUMAN SERVICES GENERAL ADMINISTRATION STANDARDS OF CONDUCT Gifts, Entertainment, and Favors § 73.735-503 Criminal provisions relating to gifts, entertainment, and favors. (a) The law provides criminal penalties for whoever...

45 CFR 73.735-503 - Criminal provisions relating to gifts, entertainment, and favors.

Code of Federal Regulations, 2012 CFR

2012-10-01

..., entertainment, and favors. 73.735-503 Section 73.735-503 Public Welfare DEPARTMENT OF HEALTH AND HUMAN SERVICES GENERAL ADMINISTRATION STANDARDS OF CONDUCT Gifts, Entertainment, and Favors § 73.735-503 Criminal provisions relating to gifts, entertainment, and favors. (a) The law provides criminal penalties for whoever...

45 CFR 73.735-503 - Criminal provisions relating to gifts, entertainment, and favors.

Code of Federal Regulations, 2014 CFR

2014-10-01

..., entertainment, and favors. 73.735-503 Section 73.735-503 Public Welfare Department of Health and Human Services GENERAL ADMINISTRATION STANDARDS OF CONDUCT Gifts, Entertainment, and Favors § 73.735-503 Criminal provisions relating to gifts, entertainment, and favors. (a) The law provides criminal penalties for whoever...

To What Extent Is Criminal Justice Content Specifically Addressed in MSW Programs?

ERIC Educational Resources Information Center

Epperson, Matthew W.; Roberts, Leslie E.; Ivanoff, Andre; Tripodi, Stephen J.; Gilmer, Christy N.

2013-01-01

This study examined the extent to which criminal justice content is addressed in all CSWE-accredited MSW programs in the United States ("N"?=?192). Criminal justice content was measured in three areas: (1) dual or joint degree programs, (2) concentrations or specializations, and (3) coursework. Excluding social work and law classes, 22%…

Criminal investigations in child protective services cases: an empirical analysis.

PubMed

Cross, Theodore P; Chuang, Emmeline; Helton, Jesse J; Lux, Emily A

2015-05-01

This study analyzed the frequency and correlates of criminal investigation of child maltreatment in cases investigated by child protective service (CPS), using national probability data from the National Survey of Child and Adolescent Well-Being. Criminal investigations were conducted in slightly more than 25% of cases. Communities varied substantially in percentage criminally investigated. Sexual abuse was the most frequent type of maltreatment criminally investigated followed by physical abuse. Logistic regression results indicated that criminal investigations were more likely when caseworkers perceived greater harm and more evidence; when CPS conducted an investigation rather than an assessment; when a parent or a legal guardian reported the maltreatment; and when cases were located in communities in which CPS and police had a memorandum of understanding (MOU) governing coordination. Most variation between communities in criminal investigation remained unexplained. The findings suggest the potential of MOUs for communities wanting to increase criminal investigation. © The Author(s) 2014.

[Criminal psychology in Franco's police].

PubMed

Bandrés, Javier; Llavona, Rafael; Zubieta, Eva

2013-02-01

Francisco J. de Echalecu (1897-1957) was a Spanish psychiatrist who held important positions, such as Psychology Professor at the Academia General de Policía and Neuropsychiatrist at the Dirección General de Seguridad. This work provides a brief biography of Echalecu and analyzes the transcriptions of his classes on Criminal Psychology of 1942, his Criminal Psychology from 1947 as well as his involvement in the case of the torture of Communist leader Heriberto Quiñones. We describe his project of a totalitarian Psychology and his proposal of social intervention, including eugenic methodologies as well as forced reclusion for those labeled as asocial. The adaptation in Spain of the totalitarian psychological project to the new international reality after the Second World War is also described. In Spain a "final solution" for criminals and political dissidents has been prepared, which was inspired by the Nazi criminal policies and promoted by Dr. Echalecu from Spain's higher police body, the DGS. This project was frustrated by the German defeat in the world war and the only thing left from the original project was the arbitrary application of the Ley de Vagos y Maleantes [an antivagrancy law] to those individuals labeled as "asocial".

Psychiatrists, criminals, and the law: forensic psychiatry in Switzerland 1850-1950.

PubMed

Germann, Urs

2014-01-01

Between 1880 and 1950, Swiss psychiatrists established themselves as experts in criminal courts. In this period, the judicial authorities required psychiatric testimonies in a rising number of cases. As a result, more offenders than ever before were declared mentally deficient and, eventually, sent to psychiatric asylums. Psychiatrists also enhanced their authority as experts at the political level. From the very beginning, they got involved in the preparatory works for a nationwide criminal code. In this article, I argue that these trends toward medicalization of crime were due to incremental processes, rather than spectacular institutional changes. In fact, Swiss psychiatrists gained recognition as experts due to their daily interactions with judges, public prosecutors, and legal counsels. At the same time, the spread of medical expertise had serious repercussions on psychiatric institutions. From 1942 onwards, asylums had to deal with a growing number of "criminal psychopaths," which affected ward discipline and put psychiatry's therapeutic efficiency into question. The defensive way in which Swiss psychiatrists reacted to this predicament was crucial to the further development of forensic psychiatry. For the most part, it accounts for the subdiscipline's remarkable lack of specialization until the 1990s. © 2013.

Apology in the criminal justice setting: evidence for including apology as an additional component in the legal system.

PubMed

Petrucci, Carrie J

2002-01-01

The criminal justice system has reached unprecedented scope in the United States, with over 6.4 million people under some type of supervision. Remedies that have the potential to reduce this number are continually being sought. This article analyzes an innovative strategy currently being reconsidered in criminal justice: the apology. Despite a legal system that only sporadically acknowledges it, evidence for the use of apology is supported by social science research, current criminal justice theories, case law, and empirical studies. Social psychological, sociological and socio-legal studies pinpoint the elements and function of apology, what makes apologies effective, and concerns about apology if it were implemented in the criminal justice system. Theoretical evidence is examined (including restorative justice, therapeutic jurisprudence, crime, shame, and reintegration) to explore the process of apology in the criminal justice context. Attribution theory and social conduct theory are used to explain the apology process specifically for victims and offenders. A brief examination of case law reveals that though apology has no formal place in criminal law, it has surfaced recently under the federal sentencing guidelines. Finally, empirical evidence in criminal justice settings reveals that offenders want to apologize and victims desire an apology. Moreover, by directly addressing the harmful act, apology may be the link to reduced recidivism for offenders, as well as empowerment for victims. This evidence combined suggests that apology is worthy of further study as a potentially valuable addition to the criminal justice process. Copyright 2002 John Wiley & Sons, Ltd.

21 CFR 1405.625 - Criminal drug statute.

Code of Federal Regulations, 2010 CFR

2010-04-01

... 21 Food and Drugs 9 2010-04-01 2010-04-01 false Criminal drug statute. 1405.625 Section 1405.625 Food and Drugs OFFICE OF NATIONAL DRUG CONTROL POLICY GOVERNMENTWIDE REQUIREMENTS FOR DRUG-FREE... Federal or non-Federal criminal statute involving the manufacture, distribution, dispensing, use, or...

21 CFR 1405.625 - Criminal drug statute.

Code of Federal Regulations, 2011 CFR

2011-04-01

... 21 Food and Drugs 9 2011-04-01 2011-04-01 false Criminal drug statute. 1405.625 Section 1405.625 Food and Drugs OFFICE OF NATIONAL DRUG CONTROL POLICY GOVERNMENTWIDE REQUIREMENTS FOR DRUG-FREE... Federal or non-Federal criminal statute involving the manufacture, distribution, dispensing, use, or...

76 FR 4366 - Iipay Nation of Santa Ysabel Liquor Control Law

Federal Register 2010, 2011, 2012, 2013, 2014

2011-01-25

... Law AGENCY: Bureau of Indian Affairs, Interior. ACTION: Notice. SUMMARY: This notice publishes Liquor Control Law No. LB-06-08 of the Iipay Nation of Santa Ysabel (Nation). The Liquor Control Law regulates... are located in Indian country and this Liquor Control Law allows for possession and sale of alcoholic...

Future law enforcement officers and social workers: perceptions of domestic violence.

PubMed

McMullan, Elizabeth C; Carlan, Philip E; Nored, Lisa S

2010-08-01

This study compares perceptions of domestic violence for college students planning to work in law enforcement with students aspiring to careers in social work and non-law-enforcement criminal justice (N = 491). The study involves students attending four public universities across one Southern state who completed a survey (spring of 2006) measuring whether various scenarios were (1) related to domestic violence, and (2) worthy of being reported to law enforcement. Findings indicate that all student groups (law enforcement, non-law-enforcement criminal justice, and social work) tended to identify the various scenarios as domestic violence (and worthy of being reported) regardless of the person's sexual orientation, violence severity, and offender's or victim's gender. However, law enforcement students are less sensitive to domestic violence when compared with social work and non-law enforcement criminal justice students. Findings reveal that (1) graduate students, (2) female students, and (3) White students (compared with African American students in general) attending majority White universities were more likely to identify domestic violence and its worthiness of being reported.The data in this study indicate that criminal justice programs produce graduates who are reasonably sensitive toward the importance of appropriate domestic violence response but could still improve using the techniques employed within social work programs.

Social Studies: Law Education.

ERIC Educational Resources Information Center

Curriculum Review, 1979

1979-01-01

Reviews 11 series, texts, supplements, kits, and professional references for law instruction, including civil and criminal law, the Bill of Rights, and controversial legal issues: arson, gun control, capital punishment, and euthanasia. While all grade levels are covered, the emphasis is on secondary-level materials. (SJL)

Criminal Justice Majors' Basic Knowledge of U.S. Constitutional Rights and Pedagogical Implications

ERIC Educational Resources Information Center

Heuer, Janet; Coggins, Porter E.

2017-01-01

Criminal justice students preparing at the university level will be required to possess knowledge and understanding of applicable constitutional law, rights and responsibilities upon entering their profession to ensure the competent execution of the duties of which they will be entrusted to perform. Students majoring in the criminal justice field…

45 CFR 1177.4 - Claims involving criminal activity or misconduct.

Code of Federal Regulations, 2013 CFR

2013-10-01

... 45 Public Welfare 3 2013-10-01 2013-10-01 false Claims involving criminal activity or misconduct. 1177.4 Section 1177.4 Public Welfare Regulations Relating to Public Welfare (Continued) NATIONAL... Claims involving criminal activity or misconduct. (a) A debtor whose indebtedness involves criminal...

45 CFR 1177.4 - Claims involving criminal activity or misconduct.

Code of Federal Regulations, 2010 CFR

2010-10-01

... 45 Public Welfare 3 2010-10-01 2010-10-01 false Claims involving criminal activity or misconduct. 1177.4 Section 1177.4 Public Welfare Regulations Relating to Public Welfare (Continued) NATIONAL... Claims involving criminal activity or misconduct. (a) A debtor whose indebtedness involves criminal...

45 CFR 1177.4 - Claims involving criminal activity or misconduct.

Code of Federal Regulations, 2014 CFR

2014-10-01

... 45 Public Welfare 3 2014-10-01 2014-10-01 false Claims involving criminal activity or misconduct. 1177.4 Section 1177.4 Public Welfare Regulations Relating to Public Welfare (Continued) NATIONAL... Claims involving criminal activity or misconduct. (a) A debtor whose indebtedness involves criminal...

45 CFR 1177.4 - Claims involving criminal activity or misconduct.

Code of Federal Regulations, 2011 CFR

2011-10-01

... 45 Public Welfare 3 2011-10-01 2011-10-01 false Claims involving criminal activity or misconduct. 1177.4 Section 1177.4 Public Welfare Regulations Relating to Public Welfare (Continued) NATIONAL... Claims involving criminal activity or misconduct. (a) A debtor whose indebtedness involves criminal...

45 CFR 1177.4 - Claims involving criminal activity or misconduct.

Code of Federal Regulations, 2012 CFR

2012-10-01

... 45 Public Welfare 3 2012-10-01 2012-10-01 false Claims involving criminal activity or misconduct. 1177.4 Section 1177.4 Public Welfare Regulations Relating to Public Welfare (Continued) NATIONAL... Claims involving criminal activity or misconduct. (a) A debtor whose indebtedness involves criminal...

Criminal Responsibility, Free Will, and Neuroscience

NASA Astrophysics Data System (ADS)

Hodgson, David

This chapter identifies retributive and consequentialist purposes of the criminal law, and it outlines arguments that retribution should be abandoned, in cluding arguments, based on philosophy and neuroscience, that free will and re sponsibility are illusions. The author suggests that there are good reasons to retain retribution, and identifies ways in which this might be supported, including com patibilist and libertarian views of free will. The author gives reasons for preferring libertarian views, and concludes by considering the role that neuroscience may be expected to play in the future development of the law.

From punishment to education--juvenile delinquency in Romanian criminal law.

PubMed

Ioan, Beatrice; Damian, Simona; Scripcaru, C; Neagu, M; Chirilă, B

2015-01-01

For centuries children were considered "mini-adults". Together with expressing the need to educate children and putting a stop to their integration in the work field from the earliest years the 19th century also displayed a new image of the child, which clearly separates him from the adults. In this paper the authors analyze the Romanian legislation addressing juvenile delinquency in criminal temporal evolution. On the one hand the minority age limits are sought and modulation of legislative provisions according to these, and on the other hand, types of penalties for minors are discussed. The authors conclude that the approach to juvenile delinquency in the current Romanian Criminal Code is the result of a long process of reflection of the legislators on adopting a different system of sanctions for juvenile offenders and on creating special regulations concerning the prosecution, trial and enforcement of the decisions regarding them.

Criminal Justice. [FasTrak Specialization Integrated Technical and Academic Competency (ITAC).] 2002 Revision.

ERIC Educational Resources Information Center

Ohio State Dept. of Education, Columbus. Div. of Career-Technical and Adult Education.

This curriculum for a criminal justice program is designed for students interested in pursuing a future in law enforcement or a related public safety profession. The criminal justice program in the career-technical and adult education center is a two-year curriculum that is divided into these 14 units: orientation; legal aspects; communication…

Face recognition for criminal identification: An implementation of principal component analysis for face recognition

NASA Astrophysics Data System (ADS)

Abdullah, Nurul Azma; Saidi, Md. Jamri; Rahman, Nurul Hidayah Ab; Wen, Chuah Chai; Hamid, Isredza Rahmi A.

2017-10-01

In practice, identification of criminal in Malaysia is done through thumbprint identification. However, this type of identification is constrained as most of criminal nowadays getting cleverer not to leave their thumbprint on the scene. With the advent of security technology, cameras especially CCTV have been installed in many public and private areas to provide surveillance activities. The footage of the CCTV can be used to identify suspects on scene. However, because of limited software developed to automatically detect the similarity between photo in the footage and recorded photo of criminals, the law enforce thumbprint identification. In this paper, an automated facial recognition system for criminal database was proposed using known Principal Component Analysis approach. This system will be able to detect face and recognize face automatically. This will help the law enforcements to detect or recognize suspect of the case if no thumbprint present on the scene. The results show that about 80% of input photo can be matched with the template data.

Informing Law Curricula: Modifying First-Year Courses To Reflect the Information Revolution.

ERIC Educational Resources Information Center

Mock, William B. T.

2001-01-01

Asserting that many traditional law school courses could be modified to take information-age concepts and interests into account, demonstrates how to recast some typical first-year courses (such as contracts, property, criminal law, criminal procedure, and legal research and writing) with information perspectives. (EV)

The LIC Planners’s Guide (LPG)

DTIC Science & Technology

1992-03-01

administrative and contract law . 2. ASSIST IN CRIMINAL LAW: Assist Host Nation/Allied governments in filing and processing cases for redress of property and...forces to assist in administrative/ contract law , assist in criminal law, assist in claims, provide legal assistance, and to provide assistance in...SERVICES (LFA): 11-8 ASSIST IN ADMINISTRATIVE/ CONTRACT LAW : 11-8 ASSIST IN CLAIMS: 11-8 ASSIST IN CRIMINAL LAW: 11-8 PROVIDE INTERNATIONAL LAW

8 CFR 287.9 - Criminal search warrant and firearms policies.

Code of Federal Regulations, 2010 CFR

2010-01-01

... 8 Aliens and Nationality 1 2010-01-01 2010-01-01 false Criminal search warrant and firearms policies. 287.9 Section 287.9 Aliens and Nationality DEPARTMENT OF HOMELAND SECURITY IMMIGRATION REGULATIONS FIELD OFFICERS; POWERS AND DUTIES § 287.9 Criminal search warrant and firearms policies. (a) A...

GAMING LAW ENFORCEMENT AND CRIMINAL JUSTICE PROBLEMS,

DTIC Science & Technology

and techniques of gaming as they apply to the study of law enforcement problems in general, and to show how gaming may assist in identifying and overcoming some of the major pitfalls in law enforcement planning. (Author)

49 CFR 1542.217 - Law enforcement personnel.

Code of Federal Regulations, 2010 CFR

2010-10-01

... 49 Transportation 9 2010-10-01 2010-10-01 false Law enforcement personnel. 1542.217 Section 1542... Law enforcement personnel. (a) Each airport operator must ensure that law enforcement personnel used... the criminal laws of the State and local jurisdictions in which the airport is located— (1) A crime...

Public attitudes toward legally coerced biological treatments of criminals.

PubMed

Berryessa, Colleen M; Chandler, Jennifer A; Reiner, Peter

2016-12-01

How does the public view the offer of a biological treatment in lieu of prison for criminal offenders? Using the contrastive vignette technique, we explored this issue, using mixed-methods analysis to measure concerns regarding changing the criminal's personality, the coercive nature of the offer, and the safety of the proposed treatment. Overall, we found that of the three variables, the safety of the pill had the strongest effect on public acceptance of a biological intervention. Indeed, it was notable that the public was relatively sanguine about coercive offers of biological agents, as well as changing the personality of criminals. While respondents did not fully endorse such coercive offers, neither were they outraged by the use of biological treatments of criminals in lieu of incarceration. These results are discussed in the context of the retributive and rehabilitative sentiments of the public, and legal jurisprudence in the arena of human rights law.

An alternative to Zoe's Law.

PubMed

Dalmau, James

2015-03-01

Under the criminal law of New South Wales, the destruction of a foetus (other than in the course of a medical procedure) constitutes grievous bodily harm to the pregnant woman. Charges can be laid for offences against the woman, but not against the foetus. Many are dissatisfied with this. The Crimes Amendment (Zoe's Law) Bill 2013 (No 2) (NSW) aimed to change this by providing that a foetus is taken to be a living person for the purposes of certain offences. The Bill was strongly opposed on the basis that according personhood to a foetus in this way will have undesirable consequences that could erode the reproductive rights of women. The public debate over how the criminal law addresses the destruction of a foetus has centred on Zoe's Law. This article proposes an alternative amendment. that aims, to accommodate the concerns of the Bill's supporters and its detractors.

The law and neuroscience.

PubMed

Gazzaniga, Michael S

2008-11-06

Some of the implications for law of recent discoveries in neuroscience are considered in a new program established by the MacArthur Foundation. A group of neuroscientists, lawyers, philosophers, and jurists are examining issues in criminal law and, in particular, problems in responsibility and prediction and problems in legal decision making.

78 FR 40737 - Notification of Deletion of System of Records; Office of Criminal Enforcement, Forensics...

Federal Register 2010, 2011, 2012, 2013, 2014

2013-07-08

... System of Records; Office of Criminal Enforcement, Forensics & Training, National Enforcement..., Office of Criminal Enforcement, Forensics & Training at (303) 462-9051 or Tammy Stein, Infrastructure Section Chief, National Enforcement Investigations Center, Office of Criminal Enforcement, Forensics...

National Human Trafficking Initiatives: Dimensions of Policy Diffusion.

PubMed

Yoo, Eun-Hye; Boyle, Elizabeth Heger

2015-01-01

The implementation of criminal law involves formal law enforcement, education and public outreach aimed at preventing criminal activity, and providing services for victims. Historically, quantitative research on global trends has tended to focus on a single policy dimension, potentially masking the unique factors that affect the diffusion of each policy dimension independently. Using an ordered-probit model to analyze new human trafficking policy data on national prosecution, prevention, and victim-protection efforts, we find that global ties and domestic interest groups matter more in areas where international law is less defined. While prosecution, officially mandated by the Trafficking Protocol, was relatively impervious to global ties and domestic interest groups, both trafficking prevention and victim protection were associated with these factors. Our findings also suggest that fear of repercussions is not a major driver of state actions to combat trafficking-neither ratification of the Trafficking Protocol nor levels of United States aid were associated with greater implementation of anti-trafficking measures.

Know Your Laws. Italian.

ERIC Educational Resources Information Center

Watson, Joan Q.

This Italian language version of "Know Your Laws" consists of 24 self-contained modules designed to acquaint the Florida adult students with law they will meet in everyday life; fundamentals of local, state, and federal governments; and the criminal and juvenile justice systems. (The 130 objectives are categorized in the first three…

Know Your Laws. Czechoslovakian.

ERIC Educational Resources Information Center

Watson, Joan Q.; Ziembinski, Vera

This Czechoslovakian language version of "Know Your Laws" consists of 24 self-contained modules designed to acquaint the Florida adult student with laws she/he will meet in everyday life; fundamentals of local, state, and federal governments; and the criminal and juvenile justice systems. (The 130 objectives are categorized in the first…

Know Your Laws. Polish.

ERIC Educational Resources Information Center

Watson, Joan Q.; Kopania, Margaret

This Polish language version of "Know Your Laws" consists of 24 self-contained modules designed to acquaint the Florida adult student with laws she/he will meet in everyday life; fundamentals of local, state, and federal governments; and the criminal and juvenile justice systems. (The 130 objectives are categorized in the first three…

Know Your Laws. French.

ERIC Educational Resources Information Center

Watson, Joan Q.; Ledun, Andree

This French language version of "Know Your Laws" consists of 24 self-contained modules designed to acquaint the Florida adult student with laws she/he will meet in everyday life; fundamentals of local, state, and federal governments; and the criminal and juvenile justice systems. (The 130 objectives are categorized in the first three…

Know Your Laws. German.

ERIC Educational Resources Information Center

Watson, Joan Q.; Karch, Hannelore

This German language version of "Know Your Laws" consists of 24 self-contained modules designed to acquaint the Florida adult student with laws she/he will meet in everyday life; fundamentals of local, state, and federal governments; and the criminal and juvenile justice systems. (The 130 objectives are categorized in the first three…

Regulation of sexuality in Indonesian discourse: normative gender, criminal law and shifting strategies of control.

PubMed

Blackwood, Evelyn

2007-01-01

This paper examines changes in the regulation of sexuality in Indonesia in the period since 1980 as seen through state, religious and lesbian and gay activist discourses on sexuality. Three different eras during that period of Indonesian history are compared. Under the New Order regime of Suharto, the Indonesian state sought to control sexuality through a deployment of gender. During the 1990s, state Islamic discourses of sexuality shifted in response to international pressures to support same-sex marriage and sexual rights. During the third period following the end of the Suharto regime in 1998, a conservative Islamic minority pushed for more restrictive laws in the State Penal Code, initiating intense public debate on the role of the state in questions of sexuality and morality. Over this time period, the dominant discourse on sexuality moved from strategically linking normative gender with heterosexuality and marriage to direct attempts to legislate heterosexual marriage by criminalizing a wide range of sexual practices.

Legislative responses to wrongful conviction: Do partisan principals and advocacy efforts influence state-level criminal justice policy?

PubMed

Kent, Stephanie L; Carmichael, Jason T

2015-07-01

The number of discovered wrongful criminal convictions (and resulting exonerations) has increased over the past decade. These cases erode public confidence in the criminal justice system and trust in the rule of law. Many states have adopted laws that aim to reduce system errors but no study has examined why some states appear more willing to provide due process protections against wrongful convictions than others. Findings from regression estimates suggest that states with a Republican controlled legislature or more Republican voters are less likely to pass these laws while the presence of advocacy organizations that are part of the 'innocence movement' make legislative change more likely. We thus identify important differences in the political and social context between U.S. states that influence the adoption of criminal justice policies. Copyright © 2015 Elsevier Inc. All rights reserved.

Experience and Opinions of Forensic Psychiatrists Regarding PTSD in Criminal Cases.

PubMed

Cohen, Ziv E; Appelbaum, Paul S

2016-03-01

By the end of 2014, 1.5 million veterans of the Second Iraq and Afghan wars were to have returned home, up to 35 percent with PTSD. The potential use of PTSD as the basis for legal claims in criminal defense is therefore a pressing problem. Using a Web-based survey, we examined the experiences and attitudes of members of the American Academy of Psychiatry and the Law (AAPL) regarding PTSD in the criminal forensic setting. Of 238 respondents, 50 percent had been involved in a criminal case involving PTSD, 41 percent in the previous year. Eighty-six percent of cases involved violent crime and 40 percent homicides. Forty-two percent of defendants were soldiers in active service or veterans, of whom 89 percent had had combat exposure, mostly in the Second Iraq and Afghan wars. Outcomes reported were not guilty by reason of insanity (NGRI) (7%), guilty on the original charge (40%), and pleading guilty to a lesser charge (23%). The findings suggest that many forensic psychiatrists will be asked to evaluate PTSD in the criminal setting, with a growing number of cases related to combat exposure in recent veterans. The implications of these findings for the practice of forensic psychiatry are discussed. © 2016 American Academy of Psychiatry and the Law.

Firearm laws: a primer for psychiatrists.

PubMed

Price, Marilyn; Norris, Donna Marie

2010-01-01

Persons with mental illness or substance abuse have been perceived by the public to pose an increased risk of violence to themselves and others. As a result, federal and state laws have restricted the right of certain categories of persons with mental illness or substance abuse to possess, register, license, retain, or carry a firearm. Clinicians should be familiar with the specific firearm statutes of their own states, which describe the disqualifying mental health/substance abuse history and the role and responsibility of the psychiatrist in the process. State statutes vary widely in terms of the definitions of, and reporting requirements relating to, prohibited persons with mental illness or substance abuse. States also vary in the duration of the prohibition and in the timing of the appeals process. Some of the statutes have specific provisions for the removal of a firearm when a prohibited person is identified. States may maintain a mental health database that is used to determine firearm eligibility and may forward information to the National Instant Criminal Background Check System. The National Instant Criminal Background Check System Improvement Amendments Act of 2007 will likely increase the number of persons identified as belonging to the prohibited class.

76 FR 77549 - Lummi Nation-Title 20-Code of Laws-Liquor Code

Federal Register 2010, 2011, 2012, 2013, 2014

2011-12-13

... DEPARTMENT OF THE INTERIOR Bureau of Indian Affairs Lummi Nation--Title 20--Code of Laws--Liquor... amendment to Lummi Nation's Title 20--Code of Laws--Liquor Code. The Code regulates and controls the... this amendment to Title 20--Lummi Nation Code of Laws--Liquor Code by Resolution 2011-038 on March 1...

28 CFR 20.24 - State laws on privacy and security.

Code of Federal Regulations, 2010 CFR

2010-07-01

... Local Criminal History Record Information Systems § 20.24 State laws on privacy and security. Where a State originating criminal history record information provides for sealing or purging thereof, nothing...

28 CFR 20.24 - State laws on privacy and security.

Code of Federal Regulations, 2012 CFR

2012-07-01

... Local Criminal History Record Information Systems § 20.24 State laws on privacy and security. Where a State originating criminal history record information provides for sealing or purging thereof, nothing...

28 CFR 20.24 - State laws on privacy and security.

Code of Federal Regulations, 2011 CFR

2011-07-01

... Local Criminal History Record Information Systems § 20.24 State laws on privacy and security. Where a State originating criminal history record information provides for sealing or purging thereof, nothing...

28 CFR 20.24 - State laws on privacy and security.

Code of Federal Regulations, 2014 CFR

2014-07-01

... Local Criminal History Record Information Systems § 20.24 State laws on privacy and security. Where a State originating criminal history record information provides for sealing or purging thereof, nothing...

28 CFR 20.24 - State laws on privacy and security.

Code of Federal Regulations, 2013 CFR

2013-07-01

... Local Criminal History Record Information Systems § 20.24 State laws on privacy and security. Where a State originating criminal history record information provides for sealing or purging thereof, nothing...

8 CFR 214.14 - Alien victims of certain qualifying criminal activity.

Code of Federal Regulations, 2013 CFR

2013-01-01

... 8 Aliens and Nationality 1 2013-01-01 2013-01-01 false Alien victims of certain qualifying criminal activity. 214.14 Section 214.14 Aliens and Nationality DEPARTMENT OF HOMELAND SECURITY IMMIGRATION REGULATIONS NONIMMIGRANT CLASSES § 214.14 Alien victims of certain qualifying criminal activity. (a...

8 CFR 214.14 - Alien victims of certain qualifying criminal activity.

Code of Federal Regulations, 2014 CFR

2014-01-01

... 8 Aliens and Nationality 1 2014-01-01 2014-01-01 false Alien victims of certain qualifying criminal activity. 214.14 Section 214.14 Aliens and Nationality DEPARTMENT OF HOMELAND SECURITY IMMIGRATION REGULATIONS NONIMMIGRANT CLASSES § 214.14 Alien victims of certain qualifying criminal activity. (a...

8 CFR 214.14 - Alien victims of certain qualifying criminal activity.

Code of Federal Regulations, 2011 CFR

2011-01-01

... 8 Aliens and Nationality 1 2011-01-01 2011-01-01 false Alien victims of certain qualifying criminal activity. 214.14 Section 214.14 Aliens and Nationality DEPARTMENT OF HOMELAND SECURITY IMMIGRATION REGULATIONS NONIMMIGRANT CLASSES § 214.14 Alien victims of certain qualifying criminal activity. (a...

8 CFR 214.14 - Alien victims of certain qualifying criminal activity.

Code of Federal Regulations, 2012 CFR

2012-01-01

... 8 Aliens and Nationality 1 2012-01-01 2012-01-01 false Alien victims of certain qualifying criminal activity. 214.14 Section 214.14 Aliens and Nationality DEPARTMENT OF HOMELAND SECURITY IMMIGRATION REGULATIONS NONIMMIGRANT CLASSES § 214.14 Alien victims of certain qualifying criminal activity. (a...

Public attitudes toward legally coerced biological treatments of criminals

PubMed Central

Berryessa, Colleen M.; Chandler, Jennifer A.; Reiner, Peter

2016-01-01

Abstract How does the public view the offer of a biological treatment in lieu of prison for criminal offenders? Using the contrastive vignette technique, we explored this issue, using mixed-methods analysis to measure concerns regarding changing the criminal's personality, the coercive nature of the offer, and the safety of the proposed treatment. Overall, we found that of the three variables, the safety of the pill had the strongest effect on public acceptance of a biological intervention. Indeed, it was notable that the public was relatively sanguine about coercive offers of biological agents, as well as changing the personality of criminals. While respondents did not fully endorse such coercive offers, neither were they outraged by the use of biological treatments of criminals in lieu of incarceration. These results are discussed in the context of the retributive and rehabilitative sentiments of the public, and legal jurisprudence in the arena of human rights law. PMID:28852535

Processes of in-hospital psychiatric care and subsequent criminal behaviour among patients with schizophrenia: a national population-based, follow-up study.

PubMed

Pedersen, Charlotte Gjørup; Olrik Wallenstein Jensen, Signe; Johnsen, Søren Paaske; Nordentoft, Merete; Mainz, Jan

2013-09-01

It is unknown whether evidence-based, in-hospital processes of care may influence the risk of criminal behaviour among patients with schizophrenia. Our study aimed to examine the association between guideline recommended in-hospital psychiatric care and criminal behaviour among patients with schizophrenia. Danish patients with schizophrenia (18 years or older) discharged from a psychiatric ward between January 2004 and March 2009 were identified using a national population-based schizophrenia registry (n = 10 757). Data for in-hospital care and patient characteristics were linked with data on criminal charges obtained from the Danish Crime Registry until November 2010. Twenty per cent (n = 2175) of patients were charged with a crime during follow-up (median = 428 days). Violent crimes accounted for 59% (n = 1282) of the criminal offences. The lowest risk of crime was found among patients receiving the most processes of in-hospital care (top quartile of received recommended care, compared with bottom quartiles, adjusted hazard ratio = 0.86, 95% CI 0.75 to 0.99). The individual processes of care associated with the lowest risk of criminal behaviour were antipsychotic treatment and staff contact with relatives. High-quality, in-hospital psychiatric care was associated with a lower risk of criminal behaviour after discharge among patients with schizophrenia.

Know Your Laws. Spanish.

ERIC Educational Resources Information Center

Watson, Joan Q.; Ackerson, Leonor

This Spanish language version of "Know Your Laws" consists of 24 self-contained modules designed to acquaint the Florida adult student with laws she/he will meet in everyday life; fundamentals of local, state, and federal governments; and the criminal and juvenile justice systems. (The 130 objectives are categorized in the first three levels of…

A Case for Criminal Enforcement of Federal Environmental Laws

DTIC Science & Technology

1989-02-19

Interlocutory appeal of the dismissal of three counts of the Indictments against two natural persons"’ after the accused corporation which employed the...standard.le a Both courts of appeal relied on the same historic Interpretation of "knowing or knowingly" under ’public welfare statutes "󈧎 establishing... extensive review preclusion provisions of the Emergency Price Control Act raised by the appeal of various criminal convictions under the Act:ROO

45 CFR 2540.203 - When must I conduct a State criminal registry check and a National Sex Offender Public Web site...

Code of Federal Regulations, 2010 CFR

2010-10-01

... check and a National Sex Offender Public Web site check on an individual in a covered position? 2540.203... National Sex Offender Public Web site check on an individual in a covered position? (a) The State criminal... enrolls in, or is hired by, your program on or after October 1, 2009. (b) The National Sex Offender Public...

45 CFR 2540.203 - When must I conduct a State criminal registry check and a National Sex Offender Public Web site...

Code of Federal Regulations, 2012 CFR

2012-10-01

... check and a National Sex Offender Public Web site check on an individual in a covered position? 2540.203... National Sex Offender Public Web site check on an individual in a covered position? (a) The State criminal... enrolls in, or is hired by, your program on or after October 1, 2009. (b) The National Sex Offender Public...

45 CFR 2540.203 - When must I conduct a State criminal registry check and a National Sex Offender Public Web site...

Code of Federal Regulations, 2011 CFR

2011-10-01

... check and a National Sex Offender Public Web site check on an individual in a covered position? 2540.203... National Sex Offender Public Web site check on an individual in a covered position? (a) The State criminal... enrolls in, or is hired by, your program on or after October 1, 2009. (b) The National Sex Offender Public...

National Human Trafficking Initiatives: Dimensions of Policy Diffusion1

PubMed Central

Yoo, Eun-hye; Boyle, Elizabeth Heger

2014-01-01

The implementation of criminal law involves formal law enforcement, education and public outreach aimed at preventing criminal activity, and providing services for victims. Historically, quantitative research on global trends has tended to focus on a single policy dimension, potentially masking the unique factors that affect the diffusion of each policy dimension independently. Using an ordered-probit model to analyze new human trafficking policy data on national prosecution, prevention, and victim-protection efforts, we find that global ties and domestic interest groups matter more in areas where international law is less defined. While prosecution, officially mandated by the Trafficking Protocol, was relatively impervious to global ties and domestic interest groups, both trafficking prevention and victim protection were associated with these factors. Our findings also suggest that fear of repercussions is not a major driver of state actions to combat trafficking—neither ratification of the Trafficking Protocol nor levels of United States aid were associated with greater implementation of anti-trafficking measures. PMID:26538806

Laws for Young Mountaineers.

ERIC Educational Resources Information Center

Kanawha County Board of Education, Charleston, WV.

This booklet introduces secondary grade students to the criminal laws of West Virginia. It can easily be adapted and used by educators in other states. The authors believe that young people must recognize and understand these laws and the mechanisms which society uses to implement and enforce them if they are to function as an integral, important,…

"Patients, not criminals"? An assessment of Thailand's compulsory drug dependence treatment system.

PubMed

Pearshouse, Richard

2009-05-01

Since the enactment of a new law on addiction treatment in 2002, Thailand has sharply increased the number of people in compulsory drug treatment programs. This article provides an overview of the system, particularly the custodial programs. It also provides some preliminary observations on the implementation of the legislation on its own terms--namely, that people who are dependent on drugs should be "treated as patients and not criminals." While diverting people with drug dependence from the criminal justice system is important, this stated approach is undermined in a number of ways by the law's implementation. This article is based on a longer report released by the Canadian HIV/AIDS Legal Network in 2009.

Canadian proposal for crimes against the environment: pollution as a criminal act

DOE Office of Scientific and Technical Information (OSTI.GOV)

Shrader-Frechette, K.

1986-06-01

The author examines the proposal of the Law Reform Commission which would add crimes against the environment to Canada's Criminal Code. She discusses the possibility that making pollution a criminal rather than a civil offense would not reduce pollution or polluters. She suggests that polluters should be required to pay into a fund which could be used to compensate victims, and, further, that all liability limits should be removed.

A new national smokefree law increased calls to a national quitline.

PubMed

Wilson, Nick; Sertsou, Gabriel; Edwards, Richard; Thomson, George; Grigg, Michele; Li, Judy

2007-05-08

A law making all indoor workplaces including bars and restaurants smokefree became operational in New Zealand in December 2004. New Zealand has a national free-phone Quitline Service which has been operational since 1999. Previous work has shown that the number of calls to the Quitline are influenced by marketing of the service through media campaigns. We set out to investigate if the smokefree law increased calls to the Quitline. For 24 months prior to the law, and 12 months after the law, data were collected on: (i) Quitline caller registrations and the issuing of nicotine replacement therapy (NRT) vouchers by the Quitline Service; (ii) expenditure on Quitline-related television advertising; (iii) expenditure on other smokefree television advertising; and (iv) print media coverage of smoking in major New Zealand newspapers. These data were inputs to a time series analysis using a Box-Jenkins transfer function model. This used the law change as the intervention variable, with the response series being the monthly Quitline caller rates and monthly first time NRT voucher issue rates. The monthly rates of Quitline caller registrations and NRT voucher issues were observed to increase in the months after the law change. The increase in both these outcomes was even greater when considered in terms of per level of Quitline advertising expenditure (though these patterns may have partly reflected marked reductions in advertising expenditure at the time of the law change and hence are of limited validity). In the more robust time series analyses, the law change (intervention variable) had a significant effect (p = 0.025) on increasing the monthly caller registration rate in December 2004. This was after adjusting for the possible effects of Quitline advertising expenditure, print media coverage, and other smoking-related advertising expenditure. The new national smokefree law resulted in increased quitting-related behaviour. This would suggest there is an extra opportunity

Incarceration or mandatory treatment: Drug use and the law in the Middle East and North Africa.

PubMed

Al-Shazly, Fattouh; Tinasti, Khalid

2016-05-01

In the Middle East and North Africa (MENA), drug policies are embedded in the prohibition paradigm. Laws and legislation criminalize all types of activities related to illicit drugs. This article gives a detailed assessment of the provisions of Arab national laws to control the use of illicit drugs across the areas of punishment of drug users, penalties for drug dependence, legislation on use and dependence treatment, and the right of the convicted people who use drugs to confidentiality. It reviews the national legislations on drug control of 16 Arab countries as amended in January 2011. Copyright © 2016 Elsevier B.V. All rights reserved.

Teaching "street law" to the criminally insane.

PubMed

Smith, J T; Fisher, M; Schwartz, J

1979-01-01

A course in "Street Law" was taught to forensic patients by law students, following a format used by Georgetown University Law Center. Although the course has been taught to high school students and inmates of correctional facilities, this was the first time it has been extended to mental patients found not guilty of crimes by reason of insanity. An outstanding feature of the course was marked enthusiasm shown by patients who, through long institutionalization, had become apathetic, indifferent, and despairing. Their readiness and ability to learn brought to mind a couple of old sayings often heard around mental hospitals, "I may be crazy but I'm not stupid," and "Sometimes you can't tell the patients from the staff." The staff of at least one ward has picked up "teaching and learning to use as a central theme in treatment of patients, not abandoning traditional methods, but shifting the emphasis from therapy to teaching as a way of getting the patient's interest in his own rehabilitation. Judges, reviewing cases for release, have looked quizzical when the patients' active participation in a "law course" has been used as evidence of satisfactory progress.

28 CFR 115.171 - Criminal and administrative agency investigations.

Code of Federal Regulations, 2013 CFR

2013-07-01

... 28 Judicial Administration 2 2013-07-01 2013-07-01 false Criminal and administrative agency investigations. 115.171 Section 115.171 Judicial Administration DEPARTMENT OF JUSTICE (CONTINUED) PRISON RAPE ELIMINATION ACT NATIONAL STANDARDS Standards for Lockups Investigations § 115.171 Criminal and administrative...

28 CFR 115.371 - Criminal and administrative agency investigations.

Code of Federal Regulations, 2014 CFR

2014-07-01

... 28 Judicial Administration 2 2014-07-01 2014-07-01 false Criminal and administrative agency investigations. 115.371 Section 115.371 Judicial Administration DEPARTMENT OF JUSTICE (CONTINUED) PRISON RAPE ELIMINATION ACT NATIONAL STANDARDS Standards for Juvenile Facilities Investigations § 115.371 Criminal and...

28 CFR 115.371 - Criminal and administrative agency investigations.

Code of Federal Regulations, 2012 CFR

2012-07-01

... 28 Judicial Administration 2 2012-07-01 2012-07-01 false Criminal and administrative agency investigations. 115.371 Section 115.371 Judicial Administration DEPARTMENT OF JUSTICE (CONTINUED) PRISON RAPE ELIMINATION ACT NATIONAL STANDARDS Standards for Juvenile Facilities Investigations § 115.371 Criminal and...

28 CFR 115.171 - Criminal and administrative agency investigations.

Code of Federal Regulations, 2014 CFR

2014-07-01

... 28 Judicial Administration 2 2014-07-01 2014-07-01 false Criminal and administrative agency investigations. 115.171 Section 115.171 Judicial Administration DEPARTMENT OF JUSTICE (CONTINUED) PRISON RAPE ELIMINATION ACT NATIONAL STANDARDS Standards for Lockups Investigations § 115.171 Criminal and administrative...

28 CFR 115.171 - Criminal and administrative agency investigations.

Code of Federal Regulations, 2012 CFR

2012-07-01

... 28 Judicial Administration 2 2012-07-01 2012-07-01 false Criminal and administrative agency investigations. 115.171 Section 115.171 Judicial Administration DEPARTMENT OF JUSTICE (CONTINUED) PRISON RAPE ELIMINATION ACT NATIONAL STANDARDS Standards for Lockups Investigations § 115.171 Criminal and administrative...

28 CFR 115.371 - Criminal and administrative agency investigations.

Code of Federal Regulations, 2013 CFR

2013-07-01

... 28 Judicial Administration 2 2013-07-01 2013-07-01 false Criminal and administrative agency investigations. 115.371 Section 115.371 Judicial Administration DEPARTMENT OF JUSTICE (CONTINUED) PRISON RAPE ELIMINATION ACT NATIONAL STANDARDS Standards for Juvenile Facilities Investigations § 115.371 Criminal and...

Legislating tolerance: Spain's national public smoking law.

PubMed

Muggli, Monique E; Lockhart, Nikki J; Ebbert, Jon O; Jiménez-Ruiz, Carlos A; Riesco Miranda, Juan Antonio; Hurt, Richard D

2010-02-01

While Spain's national tobacco control legislation prohibits smoking in many indoor public places, the law provides for an exception to the prohibition of smoking by allowing separate seating sections and ventilation options in certain public places such as bars and restaurants, hotels and airports. Accordingly, Spain's law is not aligned with Article 8 Guidelines of the World Health Organization's Framework Convention on Tobacco Control, which requires parties to ensure universal protection against secondhand smoke exposure in all enclosed public places, workplaces and on all means of public transport. Spain's law is currently being promoted by the tobacco companies in other countries as a model for smoke-free legislation. In order to prevent weakening of smoke-free laws in other countries through industry-supported exceptions, we investigated the tactics used by the tobacco companies before the implementation of the new law and assessed the consequences of these actions in the hospitality sector. Internal tobacco industry documents made public through US litigation settlements dating back to the 1980s were searched in 2008-9. Documents show that tobacco companies sought to protect hospitality venues from smoking restrictions by promoting separate seating for smokers and ineffective ventilation technologies, supporting an unenforceable voluntary agreement between the Madrid local government and the hospitality industry, influencing ventilation standards setting and manipulating Spanish media. The Spanish National Assembly should adopt comprehensive smoke-free legislation that does not accommodate the interests of the tobacco industry. In doing so, Spain's smoke-free public places law would be better aligned with the Framework Convention on Tobacco Control.

Juvenile crime and criminal justice: resolving border disputes.

PubMed

Fagan, Jeffrey

2008-01-01

Rising juvenile crime rates during the 1970s and 1980s spurred state legislatures across the country to exclude or transfer a significant share of offenders under the age of eighteen to the jurisdiction of the criminal court, essentially redrawing the boundary between the juvenile and adult justice systems. Jeffrey Fagan examines the legal architecture of the new boundary-drawing regime and how effective it has been in reducing crime. The juvenile court, Fagan emphasizes, has always had the power to transfer juveniles to the criminal court. Transfer decisions were made individually by judges who weighed the competing interests of public safety and the possibility of rehabilitating young offenders. This authority has now been usurped by legislators and prosecutors. The recent changes in state law have moved large numbers of juveniles into the adult system. As many as 25 percent of all juvenile offenders younger than eighteen, says Fagan, are now prosecuted in adult court. Many live in states where the age boundary between juvenile and criminal court has been lowered to sixteen or seventeen. The key policy question is: do these new transfer laws reduce crime? In examining the research evidence, Fagan finds that rates of juvenile offending are not lower in states where it is relatively more common to try adolescents as adults. Likewise, juveniles who have been tried as adults are no less likely to re-offend than their counterparts who have been tried as juveniles. Treating juveniles as adult criminals, Fagan concludes, is not effective as a means of crime control. Fagan argues that the proliferation of transfer regimes over the past several decades calls into question the very rationale for a juvenile court. Transferring adolescent offenders to the criminal court exposes them to harsh and sometimes toxic forms of punishment that have the perverse effect of increasing criminal activity. The accumulating evidence on transfer, the recent decrease in serious juvenile

Deaths among criminal suspects, law enforcement officers, civilians, and prison inmates: a coroner-based study.

PubMed

Koehler, Steven A; Weiss, Hank; Songer, Thomas J; Rozin, Leon; Shakir, Abdulrezzak; Ladham, Shaun; Omalu, Bennet; Dominick, Joseph; Wecht, Cyril H

2003-12-01

During the interaction between a criminal suspect and a law enforcement officer, the risk of death to the suspect, police, or civilians is increased. Unfortunately, very little information is available on the death risks arising from this interaction. This study provides an assessment of the risk of death to law enforcement officers, suspects, and bystanders by separating the interactions into the following 4 phases: (1) events prior to and during arrest; (2) police pursuits or chases; (3) transport of the suspects; and (4) during incarceration. A 5-year (1994-1998) retrospective coroner-based study of all deaths that occurred during these 4 phases was conducted in Allegheny County, Pennsylvania. A total of 77 cases were identified; 14 deaths (18.1%) occurred prior to or during arrest, 10 (12.9%) during police chases, 2 (2.6%) occurred while the actors were being transported, and 51 (66.2%) during incarceration. The majority of cases (98.7%) were males, blacks (63.6%), and single (50.6%). The respective risks of death by phase were prearrest/arrest, 6.5 per 100,000 arrests; transport, 0.93 deaths per 100,000 arrests; and incarceration, 268 deaths per 100,000 inmates. Study showed the following: (1) risk of death to offenders was greatest during police pursuits; (2) the risks during arrests are not insignificant and involved an officer being threatened with a weapon in one-third of the events; and (3) deaths among inmates were primarily due to natural causes.

Increased hospital and emergency department utilization by individuals with recent criminal justice involvement: results of a national survey.

PubMed

Frank, Joseph W; Linder, Jeffrey A; Becker, William C; Fiellin, David A; Wang, Emily A

2014-09-01

Individuals involved with the criminal justice system have increased health needs and poor access to primary care. To examine hospital and emergency department (ED) utilization and related costs by individuals with recent criminal justice involvement. Cross-sectional survey. Non-institutionalized, civilian U.S. adult participants (n = 154,356) of the National Survey on Drug Use and Health (2008-2011). Estimated proportion of adults who reported past year 1) hospitalization or 2) ED utilization according to past year criminal justice involvement, defined as 1) parole or probation, 2) arrest without subsequent correctional supervision, or 3) no criminal justice involvement; estimated annual expenditures using unlinked data from the Medical Expenditure Panel Survey. An estimated 5.7 million adults reported parole or probation and an additional 3.9 million adults reported an arrest in the past year. Adults with recent parole or probation and those with a recent arrest, compared with the general population, had higher rates of hospitalization (12.3 %, 14.3 %, 10.5 %; P < 0.001) and higher rates of ED utilization (39.3 %, 47.2 %, 26.9 %; P < 0.001). Recent parole or probation was an independent predictor of hospitalization (adjusted odds ratio [AOR], 1.21; 95 % confidence interval [CI], 1.02-1.44) and ED utilization (AOR, 1.35; 95 % CI, 1.12-1.63); Recent arrest was an independent predictor of hospitalization (AOR, 1.26; 95 % CI, 1.08-1.47) and ED utilization (AOR, 1.81; 95 % CI, 1.53-2.15). Individuals with recent criminal justice involvement make up 4.2 % of the U.S. adult population, yet account for an estimated 7.2 % of hospital expenditures and 8.5 % of ED expenditures. Recent criminal justice involvement is associated with increased hospital and ED utilization and costs. The criminal justice system may offer an important point of contact for efforts to improve the healthcare utilization patterns of a large and vulnerable population.

Alaska Department of Law

Science.gov Websites

Attorney General Opinions Executive Branch Ethics Criminal Justice Alaska Medicaid Fraud Control Anchorage Abuse Executive Branch Ethics Law Resources Public Safety Action Plan Federal Issues and Conflicts - PDF

Drugs and Crime: The Relationship of Drug Use and Concomitant Criminal Behavior. Research Issues 17.

ERIC Educational Resources Information Center

Austin, Gregory A., Ed.; Lettieri, Dan J., Ed.

This volume of abstracts of major research and theoretical studies dealing with the relationship between drug use, criminal behavior and the law is concerned with criminal acts other than the possession of, or trafficking in, illicit drugs. Included are 107 selected studies categorized into seven major topic areas: Reviews and Theories, Drug Use…

Changes to criminal records checks used to safeguard vulnerable patients.

PubMed

Griffith, Richard; Tengnah, Cassam

2012-07-01

The Protection of Freedoms Act 2012 is introducing changes to the Criminal Records Bureau (CRB) checks carried out on those people who work with vulnerable groups. The new law is the coalition Government's response to the criticism of the Safeguarding Vulnerable Group Act 2006. It will merge the CRB and Independent Safeguarding Authority into a new Disclosure and Barring Service and will enhance the rights of applicants to challenge the CRB's right to disclose non-conviction information as part of an enhanced criminal records check. In the first of two articles on the Protection of Freedoms Act 2012, Richard Griffith and Cassam Tengnah discuss the current framework for disclosing criminal records and the impact of the changes on district nurses applying for new posts.

Prevalence and attributes of criminality in patients with schizophrenia.

PubMed

Ghoreishi, Abolfazl; Kabootvand, Soleiman; Zangani, Ebrahim; Bazargan-Hejazi, Shahrzad; Ahmadi, Alireza; Khazaie, Habibolah

2015-01-01

Existing research in law and psychiatry point to schizophrenia as a risk factor for violence and offense behaviors. The present study aims to: 1) report on the prevalence and types of offensive or criminal acts in patients with schizophrenia; 2) identify attributes of schizophrenic offenders; and 3) examine factors associated with offensive or criminal behaviors within a sample of schizophrenic offenders. This was a cross-sectional study of 358 patients with schizophrenia who were admitted to a psychiatric ward in Iran between 2004 and 2008. Study data was collected using patients' medical, criminal records, as well as via personal interview with the family member. Study variables included criminality or offensive behavior, types of schizophrenia (paranoid vs. nonparanoid), experiencing hallucination, disease onset, and patients' demographics. Of the sample, 64.8% were male, 80.7% were 45 years old or younger, and 74.1% were either single or divorced. Slightly over 59 % were offenders with criminal status, of which, 9.8% were legal offenders and 48.6% were hidden offenders. The results of unadjusted logistic regression between these variables and criminality show, except for employment, marital status, and opium use, all other variables were statically associated with criminality. Methodological difficulties arising from this study, as well as, the role of mental health professionals, family, and legal system for prevention of violence in and by patients with schizophrenia are discussed. © 2015 KUMS, All rights reserved.

28 CFR 115.71 - Criminal and administrative agency investigations.

Code of Federal Regulations, 2013 CFR

2013-07-01

... 28 Judicial Administration 2 2013-07-01 2013-07-01 false Criminal and administrative agency investigations. 115.71 Section 115.71 Judicial Administration DEPARTMENT OF JUSTICE (CONTINUED) PRISON RAPE ELIMINATION ACT NATIONAL STANDARDS Standards for Adult Prisons and Jails Investigations § 115.71 Criminal and...

28 CFR 115.71 - Criminal and administrative agency investigations.

Code of Federal Regulations, 2012 CFR

2012-07-01

... 28 Judicial Administration 2 2012-07-01 2012-07-01 false Criminal and administrative agency investigations. 115.71 Section 115.71 Judicial Administration DEPARTMENT OF JUSTICE (CONTINUED) PRISON RAPE ELIMINATION ACT NATIONAL STANDARDS Standards for Adult Prisons and Jails Investigations § 115.71 Criminal and...

28 CFR 115.71 - Criminal and administrative agency investigations.

Code of Federal Regulations, 2014 CFR

2014-07-01

... 28 Judicial Administration 2 2014-07-01 2014-07-01 false Criminal and administrative agency investigations. 115.71 Section 115.71 Judicial Administration DEPARTMENT OF JUSTICE (CONTINUED) PRISON RAPE ELIMINATION ACT NATIONAL STANDARDS Standards for Adult Prisons and Jails Investigations § 115.71 Criminal and...

The National Criminal Justice Treatment Practices survey: Multilevel survey methods and procedures⋆

PubMed Central

Taxman, Faye S.; Young, Douglas W.; Wiersema, Brian; Rhodes, Anne; Mitchell, Suzanne

2007-01-01

The National Criminal Justice Treatment Practices (NCJTP) survey provides a comprehensive inquiry into the nature of programs and services provided to adult and juvenile offenders involved in the justice system in the United States. The multilevel survey design covers topics such as the mission and goals of correctional and treatment programs; organizational climate and culture for providing services; organizational capacity and needs; opinions of administrators and staff regarding rehabilitation, punishment, and services provided to offenders; treatment policies and procedures; and working relationships between correctional and other agencies. The methodology generates national estimates of the availability of programs and services for offenders. This article details the methodology and sampling frame for the NCJTP survey, response rates, and survey procedures. Prevalence estimates of juvenile and adult offenders under correctional control are provided with externally validated comparisons to illustrate the veracity of the methodology. Limitations of the survey methods are also discussed. PMID:17383548

Harnessing the power of multimedia in offender-based law enforcement information systems

NASA Astrophysics Data System (ADS)

Zimmerman, Alan P.

1997-02-01

Criminal offenders are increasingly administratively processed by automated multimedia information systems. During this processing, case and offender biographical data, mugshot photos, fingerprints and other valuable information and media are collected by law enforcement officers. As part of their criminal investigations, law enforcement officers are routinely called to solve criminal cases based upon limited evidence . . . evidence increasingly comprised of human DNA, ballistic casings and projectiles, chemical residues, latent fingerprints, surveillance camera facial images and voices. As multimedia systems receive greater use in law enforcement, traditional approaches used to index text data are not appropriate for images and signal data which comprise a multimedia database. Multimedia systems with integrated advanced pattern matching tools will provide law enforcement the ability to effectively locate multimedia information based upon content, without reliance upon the accuracy or completeness of text-based indexing.

Death by homeopathy: issues for civil, criminal and coronial law and for health service policy.

PubMed

Freckelton, Ian

2012-03-01

Homoeopathy has a significant clinical history, tracing its roots back to Hippocrates and more latterly to Dr Christian (Samuel) Hahnemann (1755-1843), a Saxon physician. In the last 30 years it has ridden a wave of resurgent interest and practice associated with disillusionment with orthodox medicine and the emergence of complementary therapies. However, recent years have seen a series of meta-analyses that have suggested that the therapeutic claims of homeopathy lack scientific justification. A 2010 report of the Science and Technology Committee of the United Kingdom House of Commons recommended that it cease to be a beneficiary of NHS funding because of its lack of scientific credibility. In Australia the National Health and Medical Research Council is expected to publish a statement on the ethics of health practitioners' use of homoeopathy in 2013. In India, England, New South Wales and Western Australia civil, criminal and coronial decisions have reached deeply troubling conclusions about homoeopaths and the risk that they pose for counter-therapeutic outcomes, including the causing of deaths. The legal decisions, in conjunction with the recent analyses of homoeopathy's claims, are such as to raise confronting health care and legal issues relating to matters as diverse as consumer protection and criminal liability. They suggest that the profession is not suitable for formal registration and regulation lest such a status lend to it a legitimacy that it does not warrant.

From "brute" to "thug:" the demonization and criminalization of unarmed Black male victims in America.

PubMed

Smiley, CalvinJohn; Fakunle, David

The synonymy of Blackness with criminality is not a new phenomenon in America. Documented historical accounts have shown how myths, stereotypes, and racist ideologies led to discriminatory policies and court rulings that fueled racial violence in a post-Reconstruction era and has culminated in the exponential increase of Black male incarceration today. Misconceptions and prejudices manufactured and disseminated through various channels such as the media included references to a " brute " image of Black males. In the 21 st century, this negative imagery of Black males has frequently utilized the negative connotation of the terminology " thug ." In recent years, law enforcement agencies have unreasonably used deadly force on Black males allegedly considered to be "suspects" or "persons of interest." The exploitation of these often-targeted victims' criminal records, physical appearances, or misperceived attributes has been used to justify their unlawful deaths. Despite the connection between disproportionate criminality and Black masculinity, little research has been done on how unarmed Black male victims, particularly but not exclusively at the hands of law enforcement, have been posthumously criminalized. This paper investigates the historical criminalization of Black males and its connection to contemporary unarmed victims of law enforcement. Action research methodology in the data collection process is utilized to interpret how Black male victims are portrayed by traditional mass media, particularly through the use of language, in ways that marginalize and de-victimize these individuals. This study also aims to elucidate a contemporary understanding of race relations, racism, and the plight of the Black male in a 21-century "post-racial" America.

To What Extent Should the Criminal Justice System Be a "System"?

ERIC Educational Resources Information Center

Forst, Martin L.

1977-01-01

This article examines recent criticism of the current criminal justice system which characterizes it as a "nonsystem" because its three main components--law enforcement, courts, and correction--are often poorly managed and inefficient. (Author)

32 CFR 935.40 - Criminal offenses.

Code of Federal Regulations, 2011 CFR

2011-07-01

... 32 National Defense 6 2011-07-01 2011-07-01 false Criminal offenses. 935.40 Section 935.40 National Defense Department of Defense (Continued) DEPARTMENT OF THE AIR FORCE TERRITORIAL AND INSULAR... thereto, without permission of the assigned occupant; (i) Discard or place any paper, debris, refuse...

32 CFR 935.40 - Criminal offenses.

Code of Federal Regulations, 2013 CFR

2013-07-01

... 32 National Defense 6 2013-07-01 2013-07-01 false Criminal offenses. 935.40 Section 935.40 National Defense Department of Defense (Continued) DEPARTMENT OF THE AIR FORCE TERRITORIAL AND INSULAR... thereto, without permission of the assigned occupant; (i) Discard or place any paper, debris, refuse...

32 CFR 635.25 - Submission of criminal history data to the CJIS.

Code of Federal Regulations, 2011 CFR

2011-07-01

... 32 National Defense 4 2011-07-01 2011-07-01 false Submission of criminal history data to the CJIS. 635.25 Section 635.25 National Defense Department of Defense (Continued) DEPARTMENT OF THE ARMY... Submission of criminal history data to the CJIS. (a) General. This paragraph establishes procedures for...

32 CFR 635.25 - Submission of criminal history data to the CJIS.

Code of Federal Regulations, 2010 CFR

2010-07-01

... 32 National Defense 4 2010-07-01 2010-07-01 true Submission of criminal history data to the CJIS. 635.25 Section 635.25 National Defense Department of Defense (Continued) DEPARTMENT OF THE ARMY... Submission of criminal history data to the CJIS. (a) General. This paragraph establishes procedures for...

32 CFR 635.25 - Submission of criminal history data to the CJIS.

Code of Federal Regulations, 2012 CFR

2012-07-01

... 32 National Defense 4 2012-07-01 2011-07-01 true Submission of criminal history data to the CJIS. 635.25 Section 635.25 National Defense Department of Defense (Continued) DEPARTMENT OF THE ARMY... Submission of criminal history data to the CJIS. (a) General. This paragraph establishes procedures for...

32 CFR 635.25 - Submission of criminal history data to the CJIS.

Code of Federal Regulations, 2014 CFR

2014-07-01

... 32 National Defense 4 2014-07-01 2013-07-01 true Submission of criminal history data to the CJIS. 635.25 Section 635.25 National Defense Department of Defense (Continued) DEPARTMENT OF THE ARMY... Submission of criminal history data to the CJIS. (a) General. This paragraph establishes procedures for...

32 CFR 635.25 - Submission of criminal history data to the CJIS.

Code of Federal Regulations, 2013 CFR

2013-07-01

... 32 National Defense 4 2013-07-01 2013-07-01 false Submission of criminal history data to the CJIS. 635.25 Section 635.25 National Defense Department of Defense (Continued) DEPARTMENT OF THE ARMY... Submission of criminal history data to the CJIS. (a) General. This paragraph establishes procedures for...

Criminal allegations in disciplinary cases involving health practitioners.

PubMed

Manning, Joanna

2008-12-01

Recently the Supreme Court of New Zealand decided that the standard of proof in disciplinary proceedings against a registered health practitioner is the ordinary, civil "balance of probabilities" standard, even in cases where criminal or serious allegations are made. Adopting recent House of Lords' case law, it rejected the existence of a third standard of proof, the "flexible" or "heightened" civil standard commensurate with the seriousness of the issue involved. Neither did the court consider direct application of the criminal, "beyond reasonable doubt" standard appropriate in disciplinary proceedings. Secondly, the court adopted a new principle that it is an abuse of process to bring a disciplinary charge against a practitioner, which is the same or substantially the same as that which he or she faced in the criminal proceedings and which resulted in an acquittal. It is not, however, an abuse to bring disciplinary charges after a criminal acquittal based on the same conduct, providing the disciplinary charges address wider aspects of the practitioner's conduct. The court was split on both issues. This column analyses the decision, supporting it on the first issue, but not the second.

Abandonment and reconciliation: addressing political and common law objections to fetal homicide laws.

PubMed

Curran, Douglas S

2009-03-01

Fetal homicide laws criminalize killing a fetus largely to the same extent as killing any other human being. Historically, the common law did not generally recognize feticide as a crime, but this was because of the evidentiary "born-alive" rule, not because of the substantive understanding of the term "human being." As medicine and science have advanced, states have become increasingly willing to abandon this evidentiary rule and to criminalize feticide as homicide. Although most states have recognized the crime of fetal homicide, fourteen have not. This is largely the result of two independent obstacles: (judicial) adherence to the born-alive rule and (legislative) concern that fetal homicide laws could erode constitutionally protected reproductive rights. This Note explores a variety of fetal homicide laws that states have adopted, demonstrating that popular opinion has shifted toward recognizing this crime. It then directly confronts the objections that have prevented other states from adopting such laws: it first reviews the literature suggesting that the born-alive rule should be abandoned, as it is an obsolete evidentiary standard; it then argues that constitutionally protected reproductive liberties can be reconciled with, and in fact augmented by, punishing the killing of a fetus as a homicide.

32 CFR 516.9 - Service of criminal process within the United States.

Code of Federal Regulations, 2010 CFR

2010-07-01

... 32 National Defense 3 2010-07-01 2010-07-01 true Service of criminal process within the United States. 516.9 Section 516.9 National Defense Department of Defense (Continued) DEPARTMENT OF THE ARMY AID OF CIVIL AUTHORITIES AND PUBLIC RELATIONS LITIGATION Service of Process § 516.9 Service of criminal...

32 CFR 516.9 - Service of criminal process within the United States.

Code of Federal Regulations, 2011 CFR

2011-07-01

... 32 National Defense 3 2011-07-01 2009-07-01 true Service of criminal process within the United States. 516.9 Section 516.9 National Defense Department of Defense (Continued) DEPARTMENT OF THE ARMY AID OF CIVIL AUTHORITIES AND PUBLIC RELATIONS LITIGATION Service of Process § 516.9 Service of criminal...

[Neurobiological determinism: questionable inferences on human freedom of choice and forensic criminal responsibility].

PubMed

Urbaniok, F; Hardegger, J; Rossegger, A; Endrass, J

2006-08-01

Several authors argue that criminal behavior is generally caused by neurobiological deficits. Based on this neurobiological perspective of assumed causality, the concept of free will is questioned, and the theory of neurobiological determinism of all human behavior is put forward, thus maintaining that human beings are not responsible for their actions, and consequently the principle of guilt should be given up in criminal law. In this context the controversial debate on determinism and indeterminism, which has been held for centuries, has flared up anew, especially within the science of criminal law. When critically examining the current state of research, it becomes apparent that the results do not support the existence of a universally valid neurobiological causality of criminal behavior, nor a theory of an absolute neurobiological determinism. Neither is complete determination of all phenomena in the universe--as maintained--the logical conclusion of the principle of causality, nor is it empirically confirmed. Analyzed methodically, it cannot be falsified, and thus, as a theory which cannot be empirically tested, it represents a dogma against which plausible objections can be made. The criticism of the concept of free will, and even more so of human accountability and criminal responsibility, is not put forward in a valid way. The principle of relative determinism--the evaluation of the degree of determinism of personality factors potentially reducing criminal responsibility, which includes concrete observations and analysis of behavior--thus remains a central and cogent approach to the assessment of criminal responsibility. To sum up, the theories proposed by some authors on the complete neurobiological determinism of human behavior, and the subsequent impossibility of individual responsibility and guilt, reveal both methodical misconception and a lack of empirical foundation.

Visual perception-based criminal identification: a query-based approach

NASA Astrophysics Data System (ADS)

Singh, Avinash Kumar; Nandi, G. C.

2017-01-01

The visual perception of eyewitness plays a vital role in criminal identification scenario. It helps law enforcement authorities in searching particular criminal from their previous record. It has been reported that searching a criminal record manually requires too much time to get the accurate result. We have proposed a query-based approach which minimises the computational cost along with the reduction of search space. A symbolic database has been created to perform a stringent analysis on 150 public (Bollywood celebrities and Indian cricketers) and 90 local faces (our data-set). An expert knowledge has been captured to encapsulate every criminal's anatomical and facial attributes in the form of symbolic representation. A fast query-based searching strategy has been implemented using dynamic decision tree data structure which allows four levels of decomposition to fetch respective criminal records. Two types of case studies - viewed and forensic sketches have been considered to evaluate the strength of our proposed approach. We have derived 1200 views of the entire population by taking into consideration 80 participants as eyewitness. The system demonstrates an accuracy level of 98.6% for test case I and 97.8% for test case II. It has also been reported that experimental results reduce the search space up to 30 most relevant records.

20 CFR 638.805 - Security and law enforcement.

Code of Federal Regulations, 2012 CFR

2012-04-01

... 20 Employees' Benefits 3 2012-04-01 2012-04-01 false Security and law enforcement. 638.805 Section... and law enforcement. (a) The Job Corps Director shall provide guidelines to protect the security of... jurisdiction with the appropriate State and locality with respect to criminal law enforcement as long as a...

20 CFR 638.805 - Security and law enforcement.

Code of Federal Regulations, 2010 CFR

2010-04-01

... 20 Employees' Benefits 3 2010-04-01 2010-04-01 false Security and law enforcement. 638.805 Section... and law enforcement. (a) The Job Corps Director shall provide guidelines to protect the security of... jurisdiction with the appropriate State and locality with respect to criminal law enforcement as long as a...

Hospital Admission and Criminality Associated with Substance Misuse in Young Refugees - A Swedish National Cohort Study.

PubMed

Manhica, Hélio; Gauffin, Karl; Almqvist, Ylva B; Rostila, Mikael; Hjern, Anders

2016-01-01

High rates of mental health problems have been described in young refugees, but few studies have been conducted on substance misuse. This study aimed to investigate the patterns of hospital care and criminality associated with substance misuse in refugees who settled in Sweden as teenagers. Gender stratified Cox regression models were used to estimate the risks of criminal convictions and hospital care associated with substance misuse from national Swedish data for 2005-2012. We focused on 22,992 accompanied and 5,686 unaccompanied refugees who were aged 13-19 years when they settled in Sweden and compared them with 1 million native Swedish youths from the same birth cohort. The risks of criminal conviction associated with substance misuse increased with the length of residency in male refugees, after adjustment for age and domicile. The hazard ratios (HRs) were 5.21 (4.39-6.19) for unaccompanied and 3.85 (3.42-4.18) for accompanied refugees after more than 10 years of residency, compared with the native population. The risks were slightly lower for hospital care, at 2.88 (2.18-3.79) and 2.52(2.01-3.01) respectively. Risks were particularly pronounced for male refugees from the Horn of Africa and Iran. The risks for all male refugees decreased substantially when income was adjusted for. Young female refugees had similar risks to the general population. The risks of criminality and hospital care associated with substance misuse in young male refugees increased with time of residency in Sweden and were associated with a low level of income compared with the native Swedish population. Risks were similar in accompanied and unaccompanied refugees.

Criminal behavior in frontotemporal dementia and Alzheimer disease.

PubMed

Liljegren, Madeleine; Naasan, Georges; Temlett, Julia; Perry, David C; Rankin, Katherine P; Merrilees, Jennifer; Grinberg, Lea T; Seeley, William W; Englund, Elisabet; Miller, Bruce L

2015-03-01

related to cognitive impairment. Criminal behavior is more common in patients with bvFTD and semantic variant of primary progressive aphasia than in those with AD and is more likely to be an early manifestation of the disorder. Judicial evaluations of criminality in the demented individual might require different criteria than the classic "insanity defense" used in the American legal system; these individuals should be treated differently by the law. The appearance of new-onset criminal behavior in an adult should elicit a search for frontal and anterior temporal brain disease and for dementing disorders.

Towards a National Gang Strategy: A Meta-Policy Analysis of Leadership, Learning, and Organizational Change within the Law Enforcement Context

ERIC Educational Resources Information Center

Richards, Maurice V.

2010-01-01

This study examines the process of change within law enforcement, focusing on the leadership, learning, and organizational change required to reduce crime, violence, and social disruption caused by criminal street gangs. The study tests the viability, results, and implications of a new policing model, the trans-jurisdictional task force, through…

Correlates of compliance with national comprehensive smoke-free laws.

PubMed

Peruga, Armando; Hayes, Luminita S; Aguilera, Ximena; Prasad, Vinayak; Bettcher, Douglas W

2017-12-05

To explore correlates of high compliance with smoking bans in a cross-sectional data set from the 41 countries with national comprehensive smoke-free laws in 2014 and complete data on compliance and enforcement. Outcome variable: compliance with a national comprehensive smoke-free law in each country was obtained for 2014 from the WHO global report on the global tobacco epidemic. Explanatory variables: legal enforcement requirements, penalties, infrastructure and strategy were obtained through a separate survey of governments. Also, country socioeconomic and demographic characteristics including the level of corruption control were included. an initial bivariate analysis determined the significance of each potentially relevant explanatory variable of high compliance. Differences in compliance were tested using the exact logistic regression. High compliance with the national comprehensive smoke-free law was associated with the involvement of the local jurisdictions in providing training and/or guidance for inspections (OR=10.3, 95% CI 1.7 to 117.7) and a perception of high corruption control efforts in the country (OR=7.2, 95% CI 1.1 to 85.8). The results show the importance of the depth of the enforcement infrastructure and effort represented by the degree to which the local government is involved in enforcement. They also show the significance of fighting corruption in the enforcement process, including the attempts of the tobacco industry to undermine the process, to achieve high levels of compliance with the law. The results point out to the need to invest minimal but essential enforcement resources given that national comprehensive smoke-free laws are self-enforcing in many but not all countries and sectors.

Toward a harmonized approach to animal welfare law in Canada.

PubMed

Fraser, David; Koralesky, Katherine E; Urton, Geoff

2018-03-01

Animal protection law in Canada varies across the country. Federal animal protection law exists in the Criminal Code, in regulations for the transport of animals, and in regulations for humane handling and slaughter at abattoirs that are inspected by the Canadian Food Inspection Agency. Provincial animal protection laws often include provisions that i) describe a duty of care toward animals; ii) prohibit causing or permitting animal "distress;" iii) specify exemptions from prosecution; and iv) reference various national and other standards. Inconsistencies lead to duplication of effort, create difficulty in working across jurisdictions, and may erode public trust. A more consistent approach might be achieved by i) referencing a common suite of standards in provincial statutes; ii) citing the federal transport and humane slaughter regulations in provincial regulations; iii) establishing agreements so provincial authorities may enforce federal regulations; iv) wider and more uniform adoption of enforcement tools that require people to take immediate action to protect animal welfare; v) developing new standards; and vi) national consultation to define frequently used terms.

45 CFR 5.68 - Exemption seven: Law enforcement.

Code of Federal Regulations, 2012 CFR

2012-10-01

... purposes. The records may apply to actual or potential violations of either criminal or civil laws or... 45 Public Welfare 1 2012-10-01 2012-10-01 false Exemption seven: Law enforcement. 5.68 Section 5... INFORMATION REGULATIONS Reasons for Withholding Some Records § 5.68 Exemption seven: Law enforcement. We are...

45 CFR 5.68 - Exemption seven: Law enforcement.

Code of Federal Regulations, 2014 CFR

2014-10-01

... purposes. The records may apply to actual or potential violations of either criminal or civil laws or... 45 Public Welfare 1 2014-10-01 2014-10-01 false Exemption seven: Law enforcement. 5.68 Section 5... INFORMATION REGULATIONS Reasons for Withholding Some Records § 5.68 Exemption seven: Law enforcement. We are...

45 CFR 5.68 - Exemption seven: Law enforcement.

Code of Federal Regulations, 2013 CFR

2013-10-01

... purposes. The records may apply to actual or potential violations of either criminal or civil laws or... 45 Public Welfare 1 2013-10-01 2013-10-01 false Exemption seven: Law enforcement. 5.68 Section 5... INFORMATION REGULATIONS Reasons for Withholding Some Records § 5.68 Exemption seven: Law enforcement. We are...

45 CFR 5.68 - Exemption seven: Law enforcement.

Code of Federal Regulations, 2011 CFR

2011-10-01

... purposes. The records may apply to actual or potential violations of either criminal or civil laws or... 45 Public Welfare 1 2011-10-01 2011-10-01 false Exemption seven: Law enforcement. 5.68 Section 5... INFORMATION REGULATIONS Reasons for Withholding Some Records § 5.68 Exemption seven: Law enforcement. We are...

Law Enforcement School Programs. Fact Sheet

ERIC Educational Resources Information Center

Arkansas Safe Schools Initiative Division, 2010

2010-01-01

The school shooting incidents during the decade of the 1990's prompted an increase of law enforcement presence in schools. The School Violence Resource Center (SVRC) at the Criminal Justice Institute (CJI) University of Arkansas System undertook a project to determine what programs law enforcement agencies currently provide in their local schools…

Implementation Study of Restorative Justice for Juvenile Criminal Justice System by Customary Court in Mainland Sulawesi

NASA Astrophysics Data System (ADS)

Rochaeti, Nur; Pujiyono, Pujiyono

2018-05-01

Children’s rights are specifically different from adult human rights. In all circumstances the rights of children must take precedence over other interests, namely the existence of legal protection for them and the existence of special protection aimed at children who violate the law. Act No.11 of 2012 on the Juvenile Criminal Justice System requires restorative justice efforts as a form of protection for children, which emphasizes restoring the harm caused or incurred by criminal acts. Restorative justice has long been practiced in indigenous community of Indonesia, i.e. where a criminal act occurs by its citizens (including juvenile delinquency), the dispute settlement is conducted within the indigenous community internally without involving the State apparatus. The formulation of the problem is, firstly, how is the policy of restorative justice formulation of juvenile criminal justice system in handling the juvenile with conflict of law, secondly how is implementation of restorative justice of juvenile justice system by customary court in Makassar. The results of the study indicate that customary court in Makassar has legal and cultural characteristics, moral values that can solve problems by deliberation, involving various parties in litigation such as in restorative justice mechanism in the juvenile criminal justice system.

Victim-induced criminality.

PubMed

Fooner, M

1966-09-02

In summary, there are certain issues that need to be dealt with if a coherent system of victim compensation is to be created. 1) Is the victim's entitlement to compensation qualified by his behavior in connection with the crime? If a Texas tycoon visits a clip joint, flashes a fat roll of bills, and gets hit on the head and rolled, is he entitled to compensation? If a man enters into a liaison with another's wife and gets shot by the husband, should his dependents be compensated? If a woman goes walking alone in a disreputable neighborhood and is assaulted, is she entitled to compensation? Unless the answer to such questions is a flat "yes," the adjudication of victim compensation as a "right" would be embarkation upon a vast sea of confusion. On the surface it may seem simpler to bypass the issue of "right" and declare for victim compensation as a matter of social policy-a logical extension of the welfare state approach. But the apparent simplicity may quickly prove illusory, in light of the second issue. 2) Is the victim's entitlement to compensation on the basis of indigency to be qualified by the requirement that an offender be apprehended and his guilt determined by a court? There are two levels to this problem. First, if a severely injured man reports to police that he has been mugged and robbed and if the police cannot apprehend a suspect, how is the administrator of compensation to know that the man is in fact the victim of a crime? The administrator of compensation must determine whether the episode was a criminal act or an argument-and who started it, and who precipitated the violence. What shall be the role of the witnesses, and of investigators? More important is the second level of the problem: How will law-enforcement of ficials and the courts evaluate the testimony of the victim if compensation of the victim may be at stake? In the evaluation of proposals for victim compensation, criminologists may need to think very hard about such questions and

[What is dementia? 4. Dementia and law].

PubMed

de Martel, Annick

2003-06-01

Dementia is a basic point of French civil and criminal law. It justifies the supervision or guardianship of demented subjects and the cancelation of judicial documents. It constitutes a cause of non-responsability in criminal law but the patient with dementia is required to compensate the financial and moral damage of his(her) deeds. However, in the past few years, the term of dementia has been withdrawn from the law and replaced by notions such as mental disorder, thought disturbances... The reason for this modification is that dementia is no more considered as a general condition but as a specific mental disorder. Moreover, new legal concepts result in a better distinction between the mental disorder and its consequences on the behavior of the patient, hence a better adjustment for judicial problem solving. Nevertheless, the term of dementia remains still commonly used in case law on account of its emotive power. Due to this persistent use, should we doubt that dementia is... a disease?

50 CFR 600.514 - Relation to other laws.

Code of Federal Regulations, 2012 CFR

2012-10-01

... 50 Wildlife and Fisheries 12 2012-10-01 2012-10-01 false Relation to other laws. 600.514 Section... other laws. (a) Persons affected by these regulations should be aware that other Federal and state... Cables, and to the criminal penalties prescribed by the Submarine Cable Act (47 U.S.C. 21) and other laws...

50 CFR 600.514 - Relation to other laws.

Code of Federal Regulations, 2013 CFR

2013-10-01

... 50 Wildlife and Fisheries 12 2013-10-01 2013-10-01 false Relation to other laws. 600.514 Section... other laws. (a) Persons affected by these regulations should be aware that other Federal and state... Cables, and to the criminal penalties prescribed by the Submarine Cable Act (47 U.S.C. 21) and other laws...

50 CFR 600.514 - Relation to other laws.

Code of Federal Regulations, 2014 CFR

2014-10-01

... 50 Wildlife and Fisheries 12 2014-10-01 2014-10-01 false Relation to other laws. 600.514 Section... other laws. (a) Persons affected by these regulations should be aware that other Federal and state... Cables, and to the criminal penalties prescribed by the Submarine Cable Act (47 U.S.C. 21) and other laws...

50 CFR 600.514 - Relation to other laws.

Code of Federal Regulations, 2010 CFR

2010-10-01

... 50 Wildlife and Fisheries 8 2010-10-01 2010-10-01 false Relation to other laws. 600.514 Section... other laws. (a) Persons affected by these regulations should be aware that other Federal and state... Cables, and to the criminal penalties prescribed by the Submarine Cable Act (47 U.S.C. 21) and other laws...

Young Black Men and the Criminal Justice System: A Growing National Problem.

ERIC Educational Resources Information Center

Mauer, Marc

The impact of the criminal justice system on Black male adults in the 20-to-29 year age group was examined. End results of the large-scale involvement of young Black men in the criminal justice system are considered, and the implications for crime control are discussed. Using data from Bureau of Justice Statistics and the Bureau of the Census…

A Swedish national twin study of criminal behavior and its violent, white-collar and property subtypes.

PubMed

Kendler, K S; Maes, H H; Lönn, S L; Morris, N A; Lichtenstein, P; Sundquist, J; Sundquist, K

2015-08-01

We sought to clarify the etiological contribution of genetic and environmental factors to total criminal behavior (CB) measured as criminal convictions in men and women, and to violent (VCB), white-collar (WCCB) and property criminal behavior (PCB) in men only. In 21 603 twin pairs from the Swedish Twin Registry, we obtained information on all criminal convictions from 1973 to 2011 from the Swedish Crime Register. Twin modeling was performed using the OpenMx package. For all criminal convictions, heritability was estimated at around 45% in both sexes, with the shared environment accounting for 18% of the variance in liability in females and 27% in males. The correlation of these risk factors across sexes was estimated at +0.63. In men, the magnitudes of genetic and environmental influence were similar in the three criminal conviction subtypes. However, for violent and white-collar convictions, nearly half and one-third of the genetic effects were respectively unique to that criminal subtype. About half of the familial environmental effects were unique to property convictions. The familial aggregation of officially recorded CB is substantial and results from both genetic and familial environmental factors. These factors are moderately correlated across the sexes suggesting that some genetic and environmental influences on criminal convictions are unique to men and to women. Violent criminal behavior and property crime are substantially influenced respectively by genetic and shared environmental risk factors unique to that criminal subtype.

When Do Laws Matter? National Minimum-Age-of-Marriage Laws, Child Rights, and Adolescent Fertility, 1989–2007

PubMed Central

Kim, Minzee; Longhofer, Wesley; Boyle, Elizabeth Heger; Nyseth, Hollie

2014-01-01

Using the case of adolescent fertility, we ask the questions of whether and when national laws have an effect on outcomes above and beyond the effects of international law and global organizing. To answer these questions, we utilize a fixed-effect time-series regression model to analyze the impact of minimum-age-of-marriage laws in 115 poor- and middle-income countries from 1989 to 2007. We find that countries with strict laws setting the minimum age of marriage at 18 experienced the most dramatic decline in rates of adolescent fertility. Trends in countries that set this age at 18 but allowed exceptions (for example, marriage with parental consent) were indistinguishable from countries that had no such minimum-age-of-marriage law. Thus, policies that adhere strictly to global norms are more likely to elicit desired outcomes. The article concludes with a discussion of what national law means in a diffuse global system where multiple actors and institutions make the independent effect of law difficult to identify. PMID:25525281

43 CFR 422.3 - Reclamation law enforcement policy.

Code of Federal Regulations, 2011 CFR

2011-10-01

..., professional law enforcement program on Reclamation project facilities, and to protect Federal project lands... Federal laws, regulations, and policies of the Department; (d) To ensure that approved standards are... criminal and intelligence information with other Federal, State, local, and tribal agencies, as appropriate...

43 CFR 422.3 - Reclamation law enforcement policy.

Code of Federal Regulations, 2010 CFR

2010-10-01

..., professional law enforcement program on Reclamation project facilities, and to protect Federal project lands... Federal laws, regulations, and policies of the Department; (d) To ensure that approved standards are... criminal and intelligence information with other Federal, State, local, and tribal agencies, as appropriate...

Colorado's energy boom: impact on crime and criminal justice

DOE Office of Scientific and Technical Information (OSTI.GOV)

Not Available

1981-02-01

Information is reported on the impact of rapid energy development on western slope criminal justice agencies. The focus is on crime rates, law enforcement, the courts, and juvenile justice problems. The problems that are likely to develop and what might be done to minimize the negative consequences are analyzed. The social characteristics of boom towns and the changes resulting from rapid growth, the changes in crime rates, the impact experienced by law enforcement agencies and the courts, and information on planning and funding in impact areas are described. (MCW)

Alcohol & highway safety laws : a national overview.

DOT National Transportation Integrated Search

1980-02-01

The problems associated with alcohol and highway safety laws can be measured statistically in terms of the number of traffic deaths per day across the nation, or financially in terms of the billions of dollars in lost income from death and disability...

Criminal Behavior in Frontotemporal Dementia and Alzheimer Disease

PubMed Central

Liljegren, Madeleine; Naasan, Georges; Temlett, Julia; Perry, David C.; Rankin, Katherine P.; Merrilees, Jennifer; Grinberg, Lea T.; Seeley, William W.; Englund, Elisabet; Miller, Bruce L

2015-01-01

with those in the AD group, who commonly committed traffic violations, often related to cognitive impairment. Conclusions and Relevance Criminal behavior is more common in patients with bvFTD and semantic variant of primary progressive aphasia than in those with AD and is more likely to be an early manifestation of the disorder. Judicial evaluations of criminality in the demented individual might require different criteria than the classic “insanity defense” used in the American legal system; these individuals should be treated differently by the law. The appearance of new-onset criminal behavior in an adult should elicit a search for frontal and anterior temporal brain disease and for dementing disorders. PMID:25559744

The National Breastfeeding Policy in Nigeria: the working mother and the law.

PubMed

Worugji, I N E; Etuk, S J

2005-08-01

In this article, we examine the National Breastfeeding Policy in Nigeria, the extent to which the law guarantees and protects the maternity rights of the working mother, and the interplay between the law and the National Breastfeeding Policy. Our aim is to make people aware of this interplay to lead to some positive efforts to sanitize the workplace and shield women from some of the practices against them in employment relations in Nigeria as well as encourage exclusive breastfeeding by employed mothers.We conclude that the provisions of the law in this regard are not in accord with the contemporary international standards for the protection of pregnancy and maternity. It does not guarantee and protect the freedom of the nursing mother to exclusively breastfeed the child for at least the 6 months as propagated by Baby Friendly Hospital Initiative (BFHI) and the National Breastfeeding Policy. Moreover, there is no enabling law to back up the National Policy Initiative as it affects employer and employee relations. We, therefore, suggest a legal framework for effective implementation of the National Breastfeeding Policy for women in dependent labour relations. It is hoped that such laws will not only limit some of the practices against women in employment but also will encourage and promote exclusive breastfeeding behaviour by employed mothers.

45 CFR 681.46 - What if the investigation indicates criminal misconduct?

Code of Federal Regulations, 2012 CFR

2012-10-01

... misconduct? 681.46 Section 681.46 Public Welfare Regulations Relating to Public Welfare (Continued) NATIONAL... investigation indicates criminal misconduct? (a) Any investigating official may: (1) Refer allegations of criminal misconduct directly to the Department of Justice for prosecution or for suit under the False...

45 CFR 681.46 - What if the investigation indicates criminal misconduct?

Code of Federal Regulations, 2011 CFR

2011-10-01

... misconduct? 681.46 Section 681.46 Public Welfare Regulations Relating to Public Welfare (Continued) NATIONAL... investigation indicates criminal misconduct? (a) Any investigating official may: (1) Refer allegations of criminal misconduct directly to the Department of Justice for prosecution or for suit under the False...

45 CFR 681.46 - What if the investigation indicates criminal misconduct?

Code of Federal Regulations, 2010 CFR

2010-10-01

... misconduct? 681.46 Section 681.46 Public Welfare Regulations Relating to Public Welfare (Continued) NATIONAL... investigation indicates criminal misconduct? (a) Any investigating official may: (1) Refer allegations of criminal misconduct directly to the Department of Justice for prosecution or for suit under the False...

45 CFR 681.46 - What if the investigation indicates criminal misconduct?

Code of Federal Regulations, 2014 CFR

2014-10-01

... misconduct? 681.46 Section 681.46 Public Welfare Regulations Relating to Public Welfare (Continued) NATIONAL... investigation indicates criminal misconduct? (a) Any investigating official may: (1) Refer allegations of criminal misconduct directly to the Department of Justice for prosecution or for suit under the False...

45 CFR 681.46 - What if the investigation indicates criminal misconduct?

Code of Federal Regulations, 2013 CFR

2013-10-01

... misconduct? 681.46 Section 681.46 Public Welfare Regulations Relating to Public Welfare (Continued) NATIONAL... investigation indicates criminal misconduct? (a) Any investigating official may: (1) Refer allegations of criminal misconduct directly to the Department of Justice for prosecution or for suit under the False...

75 FR 18887 - FBI Criminal Justice Information Services Division User Fees

Federal Register 2010, 2011, 2012, 2013, 2014

2010-04-13

.... SUMMARY: This notice establishes the user fee schedule for fingerprint- based and name-based criminal... fingerprint-based and other identification services as authorized by federal law. These fees apply to federal, state and any other authorized entities requesting fingerprint identification records and name checks...

77 FR 24222 - Solicitation of Comments on Request for United States Assumption of Concurrent Federal Criminal...

Federal Register 2010, 2011, 2012, 2013, 2014

2012-04-23

... Assumption of Concurrent Federal Criminal Jurisdiction; White Earth Nation AGENCY: Office of Tribal Justice... Tribal Justice, Department of Justice by the White Earth Nation pursuant to the provisions of 28 CFR 50... criminal jurisdiction submitted by the White Earth Nation is also available at the http://www.regulations...

32 CFR 720.1 - Delivery of persons requested by State authorities in criminal cases.

Code of Federal Regulations, 2010 CFR

2010-07-01

... authorities in criminal cases. 720.1 Section 720.1 National Defense Department of Defense (Continued... criminal cases. Subpart A of this part deals with requests by State authorities for the surrender of... criminal prosecution. Responding to such requests by a State for delivery of members or civilian employees...

12 CFR 261.21 - Confidential information made available to law enforcement agencies and other nonfinancial...

Code of Federal Regulations, 2010 CFR

2010-01-01

... applicable laws or regulations. (e) Federal and state grand jury, criminal trial, and government... information pursuant to Federal and state grand jury, criminal trial, and government administrative subpoenas...

32 CFR Appendix B to Part 86 - Criteria For Criminal History Background Check Disqualification

Code of Federal Regulations, 2011 CFR

2011-07-01

... 32 National Defense 1 2011-07-01 2011-07-01 false Criteria For Criminal History Background Check Disqualification B Appendix B to Part 86 National Defense Department of Defense OFFICE OF THE SECRETARY OF DEFENSE PERSONNEL, MILITARY AND CIVILIAN CRIMINAL HISTORY BACKGROUND CHECKS ON INDIVIDUALS IN CHILD CARE SERVICES Pt...

32 CFR Appendix B to Part 86 - Criteria For Criminal History Background Check Disqualification

Code of Federal Regulations, 2014 CFR

2014-07-01

... 32 National Defense 1 2014-07-01 2014-07-01 false Criteria For Criminal History Background Check Disqualification B Appendix B to Part 86 National Defense Department of Defense OFFICE OF THE SECRETARY OF DEFENSE PERSONNEL, MILITARY AND CIVILIAN CRIMINAL HISTORY BACKGROUND CHECKS ON INDIVIDUALS IN CHILD CARE SERVICES Pt...

32 CFR Appendix B to Part 86 - Criteria For Criminal History Background Check Disqualification

Code of Federal Regulations, 2012 CFR

2012-07-01

... 32 National Defense 1 2012-07-01 2012-07-01 false Criteria For Criminal History Background Check Disqualification B Appendix B to Part 86 National Defense Department of Defense OFFICE OF THE SECRETARY OF DEFENSE PERSONNEL, MILITARY AND CIVILIAN CRIMINAL HISTORY BACKGROUND CHECKS ON INDIVIDUALS IN CHILD CARE SERVICES Pt...

32 CFR Appendix B to Part 86 - Criteria For Criminal History Background Check Disqualification

Code of Federal Regulations, 2013 CFR

2013-07-01

... 32 National Defense 1 2013-07-01 2013-07-01 false Criteria For Criminal History Background Check Disqualification B Appendix B to Part 86 National Defense Department of Defense OFFICE OF THE SECRETARY OF DEFENSE PERSONNEL, MILITARY AND CIVILIAN CRIMINAL HISTORY BACKGROUND CHECKS ON INDIVIDUALS IN CHILD CARE SERVICES Pt...

32 CFR Appendix B to Part 86 - Criteria For Criminal History Background Check Disqualification

Code of Federal Regulations, 2010 CFR

2010-07-01

... 32 National Defense 1 2010-07-01 2010-07-01 false Criteria For Criminal History Background Check Disqualification B Appendix B to Part 86 National Defense Department of Defense OFFICE OF THE SECRETARY OF DEFENSE PERSONNEL, MILITARY AND CIVILIAN CRIMINAL HISTORY BACKGROUND CHECKS ON INDIVIDUALS IN CHILD CARE SERVICES Pt...

50 CFR 300.33 - Compliance with applicable national laws.

Code of Federal Regulations, 2010 CFR

2010-10-01

... 50 Wildlife and Fisheries 7 2010-10-01 2010-10-01 false Compliance with applicable national laws. 300.33 Section 300.33 Wildlife and Fisheries INTERNATIONAL FISHING AND RELATED ACTIVITIES INTERNATIONAL FISHERIES REGULATIONS South Pacific Tuna Fisheries § 300.33 Compliance with applicable national...

50 CFR 300.33 - Compliance with applicable national laws.

Code of Federal Regulations, 2013 CFR

2013-10-01

... 50 Wildlife and Fisheries 11 2013-10-01 2013-10-01 false Compliance with applicable national laws. 300.33 Section 300.33 Wildlife and Fisheries INTERNATIONAL FISHING AND RELATED ACTIVITIES INTERNATIONAL FISHERIES REGULATIONS South Pacific Tuna Fisheries § 300.33 Compliance with applicable national...

50 CFR 300.33 - Compliance with applicable national laws.

Code of Federal Regulations, 2014 CFR

2014-10-01

... 50 Wildlife and Fisheries 11 2014-10-01 2014-10-01 false Compliance with applicable national laws. 300.33 Section 300.33 Wildlife and Fisheries INTERNATIONAL FISHING AND RELATED ACTIVITIES INTERNATIONAL FISHERIES REGULATIONS South Pacific Tuna Fisheries § 300.33 Compliance with applicable national...

50 CFR 300.33 - Compliance with applicable national laws.

Code of Federal Regulations, 2012 CFR

2012-10-01

... 50 Wildlife and Fisheries 11 2012-10-01 2012-10-01 false Compliance with applicable national laws. 300.33 Section 300.33 Wildlife and Fisheries INTERNATIONAL FISHING AND RELATED ACTIVITIES INTERNATIONAL FISHERIES REGULATIONS South Pacific Tuna Fisheries § 300.33 Compliance with applicable national...

50 CFR 300.33 - Compliance with applicable national laws.

Code of Federal Regulations, 2011 CFR

2011-10-01

... 50 Wildlife and Fisheries 9 2011-10-01 2011-10-01 false Compliance with applicable national laws. 300.33 Section 300.33 Wildlife and Fisheries INTERNATIONAL FISHING AND RELATED ACTIVITIES INTERNATIONAL FISHERIES REGULATIONS South Pacific Tuna Fisheries § 300.33 Compliance with applicable national...

Personality correlates of criminals: A comparative study between normal controls and criminals.

PubMed

Sinha, Sudhinta

2016-01-01

Personality is a major factor in many kinds of behavior, one of which is criminal behavior. To determine what makes a criminal "a criminal," we must understand his/her personality. This study tries to identify different personality traits which link criminals to their personality. In the present study, 37 male criminals of district jail of Dhanbad (Jharkhand) and 36 normal controls were included on a purposive sampling basis. Each criminal was given a personal datasheet and Cattel's 16 personality factors (PFs) scale for assessing their sociodemographic variables and different personality traits. The objective of this study was to examine the relation between personality traits and criminal behavior, and to determine whether such factors are predictive of future recidivism. Results indicated high scores on intelligence, impulsiveness, suspicion, self-sufficient, spontaneity, self-concept control factors, and very low scores on emotionally less stable on Cattel's 16 PFs scale in criminals as compared with normal. Criminals differ from general population or non criminals in terms of personality traits.

Know Your Laws.

ERIC Educational Resources Information Center

Watson, Joan Q.

These 24 self-contained competency-based modules are designed to acquaint Florida adult students with laws they will meet in everyday life; fundamentals of local, state, and federal governments; and the criminal and juvenile justice systems. (The 130 objectives are categorized in the first three levels of the Cognitive Domain and parallel the…

[Civil, criminal and ethical liability of medical doctors].

PubMed

Udelsmann, Artur

2002-01-01

In the last years doctors have been the target of a growing number of civil, criminal law suits, as well as ethical procedures. Medicine is a widely targeted career, not only owing to its inherent risks, but also owing to a mistaken approach of the Judiciary Power about the obligations of medical doctors. Decisions of the Medical Board in ethical procedures have an impact in civil and criminal justice and therefore should be followed closely. The purpose of this review is to provide a wide view from a doctor-lawyer perspective of cases involving civil, criminal liability of anesthesiologists as well as ethical procedures against them, in an effort to make them comprehensible to doctors. After a brief historical introduction civil liability foundations and legal articles are examined. Responsibilities of doctors, hospitals and health insurance providers are discussed separately, as well as reparation mechanisms. Crimes possible to occur during medical practice and respective penalties are described; the direct relationship between crime and civil reparation is demonstrated. The administrative nature of ethical procedure is described, emphasizing that the legal character of its penalties often serve as grounds for civil and criminal justice decisions. Prevention is still the best medicine. Good medical practice and a good medical-patient relationship are still the best ways to minimize lawsuits and their repercussions. Doctors should have some knowledge of juridical mechanisms in lawsuits and ethical procedures, but should not take defense initiatives without prior consultation of an attorney. Civil, criminal and ethical liability of physicians.

Criminal history systems: new technology and new directions

NASA Astrophysics Data System (ADS)

Threatte, James

1997-02-01

Many forces are driving states to improve their current Criminal History and On-Line Criminal Justice Information Systems. The predominate factors compelling this movement are (1) the deterioration and cost of supporting older legacy systems, (2) current generation high performance, low cost hardware and system software, and (3) funding programs, such as the National Criminal History Improvement Program, which are targeted specifically at improving these important systems. In early 1996, SAIC established an Internal Research and Development project devoted to Computerized Criminal History Systems (CCH). This project began with an assessment of current hardware, operating system, and relational database technology. Application software design and development approaches were then reviewed with a focus on object-oriented approaches, three tier client server architectures, and tools that enable the `right sizing' of systems. An operational prototype of a State CCH system was established based on the results of these investigations.

Personality correlates of criminals: A comparative study between normal controls and criminals

PubMed Central

Sinha, Sudhinta

2016-01-01

Background: Personality is a major factor in many kinds of behavior, one of which is criminal behavior. To determine what makes a criminal “a criminal,” we must understand his/her personality. This study tries to identify different personality traits which link criminals to their personality. Materials and Methods: In the present study, 37 male criminals of district jail of Dhanbad (Jharkhand) and 36 normal controls were included on a purposive sampling basis. Each criminal was given a personal datasheet and Cattel's 16 personality factors (PFs) scale for assessing their sociodemographic variables and different personality traits. Objective: The objective of this study was to examine the relation between personality traits and criminal behavior, and to determine whether such factors are predictive of future recidivism. Results: Results indicated high scores on intelligence, impulsiveness, suspicion, self-sufficient, spontaneity, self-concept control factors, and very low scores on emotionally less stable on Cattel's 16 PFs scale in criminals as compared with normal. Conclusion: Criminals differ from general population or non criminals in terms of personality traits. PMID:28163407

32 CFR 634.52 - Search incident to impoundment based on criminal activity.

Code of Federal Regulations, 2010 CFR

2010-07-01

.... This situation could also arise during cases of intoxicated driving or traffic accidents in which the... (CONTINUED) LAW ENFORCEMENT AND CRIMINAL INVESTIGATIONS MOTOR VEHICLE TRAFFIC SUPERVISION Impounding... general situations: (a) The owner or operator is not present. This situation could arise during traffic...

Sexual Orientation in State Hate Crime Laws: Exploring Social Construction and Criminal Law.

PubMed

Valcore, Jace L

2017-09-15

Several studies have described and analyzed the development and diffusion of hate crime laws in the United States, but none specifically examined state-level differences in protected categories. Forty-five of the 50 states have a hate crime statute, but only 30 of those include sexual orientation. In this study the social construction framework is applied to the hate crime policy domain in order to determine whether or not variations in the social and political status of gays and lesbians are associated with the inclusion of sexual orientation in state hate crime laws. Content analysis of daily newspapers in six states revealed that a positive social construction is associated with groups seeking hate crime law protections, and that political influence may also be a key factor.

Hospital Admission and Criminality Associated with Substance Misuse in Young Refugees – A Swedish National Cohort Study

PubMed Central

Manhica, Hélio; Gauffin, Karl; Almqvist, Ylva B.; Rostila, Mikael; Hjern, Anders

2016-01-01

Background High rates of mental health problems have been described in young refugees, but few studies have been conducted on substance misuse. This study aimed to investigate the patterns of hospital care and criminality associated with substance misuse in refugees who settled in Sweden as teenagers. Methods Gender stratified Cox regression models were used to estimate the risks of criminal convictions and hospital care associated with substance misuse from national Swedish data for 2005–2012. We focused on 22,992 accompanied and 5,686 unaccompanied refugees who were aged 13–19 years when they settled in Sweden and compared them with 1 million native Swedish youths from the same birth cohort. Results The risks of criminal conviction associated with substance misuse increased with the length of residency in male refugees, after adjustment for age and domicile. The hazard ratios (HRs) were 5.21 (4.39–6.19) for unaccompanied and 3.85 (3.42–4.18) for accompanied refugees after more than 10 years of residency, compared with the native population. The risks were slightly lower for hospital care, at 2.88 (2.18–3.79) and 2.52(2.01–3.01) respectively. Risks were particularly pronounced for male refugees from the Horn of Africa and Iran. The risks for all male refugees decreased substantially when income was adjusted for. Young female refugees had similar risks to the general population. Conclusion The risks of criminality and hospital care associated with substance misuse in young male refugees increased with time of residency in Sweden and were associated with a low level of income compared with the native Swedish population. Risks were similar in accompanied and unaccompanied refugees. PMID:27902694

Illegal Immigration in the United States: Implications for Rule of Law and National Security

DTIC Science & Technology

2012-02-15

AIR WAR COLLEGE AIR UNIVERSITY ILLEGAL IMMIGRATION IN THE UNITED STATES: IMPLICATIONS FOR RULE OF LAW AND NATIONAL SECURITY By Paul A...government’s failure to strictly enforce immigration laws presents national security vulnerabilities and is subversive to the rule of law . Without...the rule of law , serious social tensions will occur that impel states and localities to fill the void left by the lack of immigration enforcement. In

Born criminal? Differences in structural, functional and behavioural lateralization between criminals and noncriminals.

PubMed

Savopoulos, Priscilla; Lindell, Annukka K

2018-02-15

Over 100 years ago Lombroso [(1876/2006). Criminal man. Durham: Duke University Press] proposed a biological basis for criminality. Based on inspection of criminals' skulls he theorized that an imbalance of the cerebral hemispheres was amongst 18 distinguishing features of the criminal brain. Specifically, criminals were less lateralized than noncriminals. As the advent of neuroscientific techniques makes more fine-grained inspection of differences in brain structure and function possible, we review criminals' and noncriminals' structural, functional, and behavioural lateralization to evaluate the merits of Lombroso's thesis and investigate the evidence for the biological underpinning of criminal behaviour. Although the body of research is presently small, it appears consistent with Lombroso's proposal: criminal psychopaths' brains show atypical structural asymmetries, with reduced right hemisphere grey and white matter volumes, and abnormal interhemispheric connectivity. Functional asymmetries are also atypical, with criminal psychopaths showing a less lateralized cortical response than noncriminals across verbal, visuo-spatial, and emotional tasks. Finally, the incidence of non-right-handedness is higher in criminal than non-criminal populations, consistent with reduced cortical lateralization. Thus despite Lombroso's comparatively primitive and inferential research methods, his conclusion that criminals' lateralization differs from that of noncriminals is borne out by the neuroscientific research. How atypical cortical asymmetries predispose criminal behaviour remains to be determined.

12 CFR 150.136 - To what extent do state laws apply to my fiduciary operations?

Code of Federal Regulations, 2014 CFR

2014-01-01

... law; (4) Criminal law; (5) Probate law; and (6) Any other law that the OCC, upon review, finds: (i) Furthers a vital state interest; and (ii) Either has only an incidental effect on fiduciary operations or...

12 CFR 150.136 - To what extent do state laws apply to my fiduciary operations?

Code of Federal Regulations, 2013 CFR

2013-01-01

... law; (4) Criminal law; (5) Probate law; and (6) Any other law that the OCC, upon review, finds: (i) Furthers a vital state interest; and (ii) Either has only an incidental effect on fiduciary operations or...

12 CFR 150.136 - To what extent do state laws apply to my fiduciary operations?

Code of Federal Regulations, 2012 CFR

2012-01-01

... law; (4) Criminal law; (5) Probate law; and (6) Any other law that the OCC, upon review, finds: (i) Furthers a vital state interest; and (ii) Either has only an incidental effect on fiduciary operations or...

Genetics, criminal justice, and the minority community: An introduction for professionals in criminal justice. A report on the third annual convocation of the Justice George Lewis Ruffin Society

DOE Office of Scientific and Technical Information (OSTI.GOV)

Croatti, R.D.

1994-10-15

The Justice George Lewis Ruffin Society is an organization founded in 1984 to support minority professionals in the Massachusetts criminal justice system. The Society began the sponsorship of statewide Convocations in 1992. These events provide minority criminal justice professionals with the opportunity to focus on pertinent topics through expert presentations, panel discussions, and peer interactions. Because of its increasing importance in the criminal justice process at large, and growing significance to the minority community in particular, the committee determined that the 1994 Convocation would focus on DNA. A decision was made to concentrate both on the science and the ethicalmore » and moral considerations pertinent to its application. The committee determined that along with expert presentations, a large portion of each day`s program should be devoted to workshops, designed to provide participants with an opportunity to review, test and discuss the material in a small group environment. Overall objectives of the Convocation were to provide minority and non-minority criminal justice professionals with a basic foundation in the science of genetics as well as current developments in genetic diagnostic technology, to highlight the actual and potential application of DNA technology to the criminal justice system and elsewhere, and to underscore the implications of these developments for criminal justice policy and the law.« less

Counternetwork: Countering the Expansion of Transnational Criminal Networks

DTIC Science & Technology

2017-01-01

herein are protected by law. This representation of RAND intellectual property is provided for noncommercial use only. Unauthorized posting of this...capture and control of relevant aspects of the public domain—sometimes result in de facto governance.35 Whether this means that a counterinsurgency...p. 178. 35 Clark, 2009. Critics of the criminal insurgency concept argue that the cartels engage in de facto governance not for the sake of

12 CFR 557.13 - What State laws affecting deposits are not preempted?

Code of Federal Regulations, 2010 CFR

2010-01-01

... purposes of § 557.11: (1) Contract and commercial law; (2) Tort law; and (3) Criminal law. (b) The OTS will... 12 Banks and Banking 5 2010-01-01 2010-01-01 false What State laws affecting deposits are not... DEPOSITS Deposit Activities of Federal Savings Associations § 557.13 What State laws affecting deposits are...

From “brute” to “thug:” the demonization and criminalization of unarmed Black male victims in America

PubMed Central

Smiley, CalvinJohn; Fakunle, David

2016-01-01

The synonymy of Blackness with criminality is not a new phenomenon in America. Documented historical accounts have shown how myths, stereotypes, and racist ideologies led to discriminatory policies and court rulings that fueled racial violence in a post-Reconstruction era and has culminated in the exponential increase of Black male incarceration today. Misconceptions and prejudices manufactured and disseminated through various channels such as the media included references to a “brute” image of Black males. In the 21st century, this negative imagery of Black males has frequently utilized the negative connotation of the terminology “thug.” In recent years, law enforcement agencies have unreasonably used deadly force on Black males allegedly considered to be “suspects” or “persons of interest.” The exploitation of these often-targeted victims' criminal records, physical appearances, or misperceived attributes has been used to justify their unlawful deaths. Despite the connection between disproportionate criminality and Black masculinity, little research has been done on how unarmed Black male victims, particularly but not exclusively at the hands of law enforcement, have been posthumously criminalized. This paper investigates the historical criminalization of Black males and its connection to contemporary unarmed victims of law enforcement. Action research methodology in the data collection process is utilized to interpret how Black male victims are portrayed by traditional mass media, particularly through the use of language, in ways that marginalize and de-victimize these individuals. This study also aims to elucidate a contemporary understanding of race relations, racism, and the plight of the Black male in a 21-century “post-racial” America. PMID:27594778

Law and Responsibilities (Law-Related Education Materials) 1982-83. Okeechobee County.

ERIC Educational Resources Information Center

Allen, Rodney F., Ed.

Teacher-developed materials for legal education in elementary and junior high schools in Florida are presented. The lessons focus on the consequences of crime and rule-breaking in terms of the law and penal systems, the victim and loved ones, the criminal and loved ones (as victims, too), and the community, which suffers and pays the costs. In the…

Specious Rights: Myth vs. Reality in the American Criminal Justice System

ERIC Educational Resources Information Center

Reinhardt, William R.

2010-01-01

Contrary to the dominant discourse metanarrative, this dissertation explores, re-exposes, and updates the generally hidden realities of what is actually taking place in the current operation of the American criminal justice system. The government/dominant discourse benefits from the amorphous ambiguity of the law in conjunction with its usage of…

Child maltreatment and adult criminal behavior: does criminal thinking explain the association?

PubMed

Cuadra, Lorraine E; Jaffe, Anna E; Thomas, Renu; DiLillo, David

2014-08-01

Criminal thinking styles were examined as mediational links between different forms of child maltreatment (i.e., sexual abuse, physical abuse, and physical neglect) and adult criminal behaviors in 338 recently adjudicated men. Analyses revealed positive associations between child sexual abuse and sexual offenses as an adult, and between child physical abuse/neglect and endorsing proactive and reactive criminal thinking styles. Mediation analyses showed that associations between overall maltreatment history and adult criminal behaviors were accounted for by general criminal thinking styles and both proactive and reactive criminal thinking. These findings suggest a potential psychological pathway to criminal behavior associated with child maltreatment. Limitations of the study as well as research and clinical implications of the results are discussed. Copyright © 2014 Elsevier Ltd. All rights reserved.

Frederick Law Olmsted National Historic Site : transportation study

DOT National Transportation Integrated Search

2011-02-01

This study provide concepts and ideas for a complementary transportation plan in support of the revised General Management Plan (GMP) for the Frederick Law Olmsted National Historic Site. The GMP sets forth a preferred plan of action for how Olmsted ...

20 CFR 402.105 - Exemption seven for withholding records: Law enforcement.

Code of Federal Regulations, 2010 CFR

2010-04-01

... enforcement purposes. The records may apply to actual or potential violations of either criminal or civil laws... 20 Employees' Benefits 2 2010-04-01 2010-04-01 false Exemption seven for withholding records: Law... INFORMATION AND RECORDS TO THE PUBLIC § 402.105 Exemption seven for withholding records: Law enforcement. We...

20 CFR 402.105 - Exemption seven for withholding records: Law enforcement.

Code of Federal Regulations, 2012 CFR

2012-04-01

... enforcement purposes. The records may apply to actual or potential violations of either criminal or civil laws... 20 Employees' Benefits 2 2012-04-01 2012-04-01 false Exemption seven for withholding records: Law... INFORMATION AND RECORDS TO THE PUBLIC § 402.105 Exemption seven for withholding records: Law enforcement. We...

20 CFR 402.105 - Exemption seven for withholding records: Law enforcement.

Code of Federal Regulations, 2013 CFR

2013-04-01

... enforcement purposes. The records may apply to actual or potential violations of either criminal or civil laws... 20 Employees' Benefits 2 2013-04-01 2013-04-01 false Exemption seven for withholding records: Law... INFORMATION AND RECORDS TO THE PUBLIC § 402.105 Exemption seven for withholding records: Law enforcement. We...

20 CFR 402.105 - Exemption seven for withholding records: Law enforcement.

Code of Federal Regulations, 2014 CFR

2014-04-01

... enforcement purposes. The records may apply to actual or potential violations of either criminal or civil laws... 20 Employees' Benefits 2 2014-04-01 2014-04-01 false Exemption seven for withholding records: Law... INFORMATION AND RECORDS TO THE PUBLIC § 402.105 Exemption seven for withholding records: Law enforcement. We...

20 CFR 402.105 - Exemption seven for withholding records: Law enforcement.

Code of Federal Regulations, 2011 CFR

2011-04-01

... enforcement purposes. The records may apply to actual or potential violations of either criminal or civil laws... 20 Employees' Benefits 2 2011-04-01 2011-04-01 false Exemption seven for withholding records: Law... INFORMATION AND RECORDS TO THE PUBLIC § 402.105 Exemption seven for withholding records: Law enforcement. We...

2013-2014 National Health Law Moot Court Competition Best Brief.

PubMed

Robinson DeShon, Jessica; Jackson, Brandon; Ward, Matthew

2014-01-01

This document was judged Best Brief submitted to the 2013–2014 National Health Law Moot Court Competition. The brief was submitted by students Jessica Robinson DeShon, Brandon Jackson, and Matthew Ward on behalf of Faulkner University School of Law in Montgomery, Alabama. Address correspondence to Professor Joe Lester at Jlester@Faulkner.edu.

Medical negligence and the law.

PubMed

Murthy, K K S R

2007-01-01

After the Consumer Protection Act, 1986, came into effect, a number of patients have filed cases against doctors. This article presents a summary of legal decisions related to medical negligence: what constitutes negligence in civil and criminal law, and what is required to prove it.

8 CFR 1003.41 - Evidence of criminal conviction.

Code of Federal Regulations, 2012 CFR

2012-01-01

... 8 Aliens and Nationality 1 2012-01-01 2012-01-01 false Evidence of criminal conviction. 1003.41 Section 1003.41 Aliens and Nationality EXECUTIVE OFFICE FOR IMMIGRATION REVIEW, DEPARTMENT OF JUSTICE... that indicates the existence of a conviction; (4) Minutes of a court proceeding or a transcript of a...

8 CFR 1003.41 - Evidence of criminal conviction.

Code of Federal Regulations, 2013 CFR

2013-01-01

... 8 Aliens and Nationality 1 2013-01-01 2013-01-01 false Evidence of criminal conviction. 1003.41 Section 1003.41 Aliens and Nationality EXECUTIVE OFFICE FOR IMMIGRATION REVIEW, DEPARTMENT OF JUSTICE... that indicates the existence of a conviction; (4) Minutes of a court proceeding or a transcript of a...

8 CFR 1003.41 - Evidence of criminal conviction.

Code of Federal Regulations, 2014 CFR

2014-01-01

... 8 Aliens and Nationality 1 2014-01-01 2014-01-01 false Evidence of criminal conviction. 1003.41 Section 1003.41 Aliens and Nationality EXECUTIVE OFFICE FOR IMMIGRATION REVIEW, DEPARTMENT OF JUSTICE... that indicates the existence of a conviction; (4) Minutes of a court proceeding or a transcript of a...

8 CFR 1003.41 - Evidence of criminal conviction.

Code of Federal Regulations, 2011 CFR

2011-01-01

... 8 Aliens and Nationality 1 2011-01-01 2011-01-01 false Evidence of criminal conviction. 1003.41 Section 1003.41 Aliens and Nationality EXECUTIVE OFFICE FOR IMMIGRATION REVIEW, DEPARTMENT OF JUSTICE... that indicates the existence of a conviction; (4) Minutes of a court proceeding or a transcript of a...

8 CFR 1003.41 - Evidence of criminal conviction.

Code of Federal Regulations, 2010 CFR

2010-01-01

... 8 Aliens and Nationality 1 2010-01-01 2010-01-01 false Evidence of criminal conviction. 1003.41 Section 1003.41 Aliens and Nationality EXECUTIVE OFFICE FOR IMMIGRATION REVIEW, DEPARTMENT OF JUSTICE... that indicates the existence of a conviction; (4) Minutes of a court proceeding or a transcript of a...

AIDS and HIV Training and Education in Criminal Justice Agencies. AIDS Bulletin.

ERIC Educational Resources Information Center

Hammett, Theodore M.

This bulletin summarizes key elements of an effective AIDS training and education program for law enforcement and corrections personnel. First, these key elements of training and education for criminal justice personnel are discussed: staff participation in materials development; timely and frequent training; mandatory training; live training by…

32 CFR 310.48 - Criminal penalties.

Code of Federal Regulations, 2010 CFR

2010-07-01

... National Defense Department of Defense (Continued) OFFICE OF THE SECRETARY OF DEFENSE (CONTINUED) PRIVACY PROGRAM DOD PRIVACY PROGRAM Privacy Act Violations § 310.48 Criminal penalties. (a) The Act also provides... requests or obtains access to any record concerning another individual under false pretenses may be found...

The development of health law as a way to change traditional attitudes in national legal systems. The influence of international human rights law: what is left for the national legislator?

PubMed

Birmontiene, Toma

2010-03-01

The development of health law as a sovereign subject of law could be seen as a correlative result of the development of international human rights law. From the perspectives of human rights law, health law gives us a unique possibility to change the traditional point of reference - from the regulation of medical procedures, to the protection of human rights as the main objective of law. At the end of the twentieth and the beginning of this century, human rights law and the most influential international instrument--the European Convention on Human Rights (and the jurisprudence of the ECHR) has influenced health care so much that it has became difficult to draw a line between these subjects. Health law sometimes directly influences and even aspires to change the content of Convention rights that are considered to be traditional. However, certain problems of law linked to health law are decided without influencing the essence of rights protected by the Convention, but just by construing the particularities of application of a certain right. In some cases by further developing the requirements of protection of individual rights that are also regulated by the health law, the ECHR even "codifies" some fields of health law (e.g., the rights of persons with mental disorders). The recognition of worthiness and diversity of human rights and the development of their content raise new objectives for national legislators when they regulate the national legal system. Here the national legislator is often put into a quandary whether to implement the standards of human rights that are recognized by the international community, or to refuse to do so, taking account of the interests of a certain group of the electorate.

A Swedish national adoption study of criminality

PubMed Central

Kendler, K. S.; Lönn, S. Larsson; Morris, N. A.; Sundquist, J.; Långström, N.; Sundquist, K.

2014-01-01

Background To clarify the role of genetic and environmental factors in criminal behavior (CB), we examined all CB and violent and non-violent subtypes (VCB and NVCB, respectively) in a Swedish national sample of adoptees and their relatives. Method CB was defined by a conviction in the Swedish Crime Register with standard definitions for VCB and NVCB subtypes. We examined adoptees born 1950–1991 (n=18070) and their biological (n=79206) and adoptive (n=47311) relatives. Results The risk for all CB was significantly elevated in the adopted-away offspring of biological parents of which at least one had CB [odds ratio (OR) 1.5, 95% confidence interval (CI) 1.4–1.6] and in the biological full and half-siblings of CB adoptees (OR 1.4, 95% CI 1.2–1.6 and OR 1.3, 95% CI 1.2–1.3, respectively). A genetic risk index (including biological parental/sibling history of CB and alcohol abuse) and an environmental risk index (including adoptive parental and sibling CB and a history of adoptive parental divorce, death, and medical illness) both strongly predicted probability of CB. These genetic and environmental risk indices acted additively on adoptee risk for CB. Moderate specificity was seen in the transmission of genetic risk for VCB and NVCB between biological parents and siblings and adoptees. Conclusions CB is etiologically complex and influenced by a range of genetic risk factors including a specific liability to CB and a vulnerability to broader externalizing behaviors, and by features of the adoptive environment including parental CB, divorce and death. Genetic risk factors for VCB and NVCB may be at least partially distinct. PMID:24180693

29 CFR 553.211 - Law enforcement activities.

Code of Federal Regulations, 2011 CFR

2011-07-01

... subordinates who are empowered by State statute or local ordinance to enforce laws designed to maintain public... include, for example, fish and game wardens or criminal investigative agents assigned to the office of a...

29 CFR 553.211 - Law enforcement activities.

Code of Federal Regulations, 2013 CFR

2013-07-01

... subordinates who are empowered by State statute or local ordinance to enforce laws designed to maintain public... include, for example, fish and game wardens or criminal investigative agents assigned to the office of a...

29 CFR 553.211 - Law enforcement activities.

Code of Federal Regulations, 2012 CFR

2012-07-01

... subordinates who are empowered by State statute or local ordinance to enforce laws designed to maintain public... include, for example, fish and game wardens or criminal investigative agents assigned to the office of a...

29 CFR 553.211 - Law enforcement activities.

Code of Federal Regulations, 2014 CFR

2014-07-01

... subordinates who are empowered by State statute or local ordinance to enforce laws designed to maintain public... include, for example, fish and game wardens or criminal investigative agents assigned to the office of a...

Rethinking Conceptual Definitions of the Criminal Career and Serial Criminality.

PubMed

Edelstein, Arnon

2016-01-01

Since Cesare Lombroso's days, criminology seeks to define, explain, and categorize the various types of criminals, their behaviors, and motives. This aim has theoretical as well as policy-related implications. One of the important areas in criminological thinking focuses chiefly on recidivist offenders who perform large numbers of crimes and/or commit the most dangerous crimes in society (rape, murder, arson, and armed robbery). These criminals have been defined as "habitual offenders," "professional criminals," "career criminals," and "serial offenders." The interest in these criminals is a rational one, given the perception that they present a severe threat to society. The main challenge in this area of research is a conceptual problem that has significant effects across the field. To this day, scholars have reused and misused titles to define and explain different concepts. The aim of this article is 3-fold. First, to review the concepts of criminal career, professional crime, habitual offenses, and seriality with a critical attitude on confusing terms. Second, to propose the redefinition of concepts mentioned previously, mainly on the criminal career. Third, to propose a theoretical model to enable a better understanding of, and serve as a basis for, further research in this important area of criminology. © The Author(s) 2015.

Criminal Prohibition of Wrongful Re‑identification: Legal Solution or Minefield for Big Data?

PubMed

Phillips, Mark; Dove, Edward S; Knoppers, Bartha M

2017-12-01

The collapse of confidence in anonymization (sometimes also known as de-identification) as a robust approach for preserving the privacy of personal data has incited an outpouring of new approaches that aim to fill the resulting trifecta of technical, organizational, and regulatory privacy gaps left in its wake. In the latter category, and in large part due to the growth of Big Data-driven biomedical research, falls a growing chorus of calls for criminal and penal offences to sanction wrongful re-identification of "anonymized" data. This chorus cuts across the fault lines of polarized privacy law scholarship that at times seems to advocate privacy protection at the expense of Big Data research or vice versa. Focusing on Big Data in the context of biomedicine, this article surveys the approaches that criminal or penal law might take toward wrongful re-identification of health data. It contextualizes the strategies within their respective legal regimes as well as in relation to emerging privacy debates focusing on personal data use and data linkage and assesses the relative merit of criminalization. We conclude that this approach suffers from several flaws and that alternative social and legal strategies to deter wrongful re-identification may be preferable.

[Criminal implication of sponsoring in medicine: legal ramifactions and recommendations].

PubMed

Mahnken, A H; Theilmann, M; Bolenz, M; Günther, R W

2005-08-01

As a consequence of the so-called "Heart-Valve-Affair" in 1994, the German public became aware of the potential criminal significance of industrial sponsoring and third-party financial support in medicine. Since 1997, when the German Anti-Corruption Law came into effect, the penal regulations regarding bribery and benefits for public officers were tightened. Due to the lack of explicit and generally accepted guidelines in combination with regional differences of jurisdiction, there is a lingering uncertainty regarding the criminal aspects of third-party funding and industrial sponsoring. The aim of this review is to summarize the penal and professional implications of third-party funding and sponsoring in medicine including recent aspects of jurisdiction. The currently available recommendations on this issue are introduced.

Directory of Law-Related Education Projects. Third Edition. Working Notes, No. 12.

ERIC Educational Resources Information Center

Kelly, Cynthia A., Ed.

Over 170 law-related education programs for elementary and secondary students are described. These programs involve more than one teacher and focus on the law, legal system, and legal process. Program content generally covers the Constitution; Bill of Rights; legal processes; and consumer, criminal, and juvenile law. Activities often include…

Alcohol and the law.

PubMed

Karasov, Ariela O; Ostacher, Michael J

2014-01-01

Society has had an interest in controlling the production, distribution, and use of alcohol for millennia. The use of alcohol has always had consequences, be they positive or negative, and the role of government in the regulation of alcohol is now universal. This is accomplished at several levels, first through controls on production, importation, distribution, and use of alcoholic beverages, and second, through criminal laws, the aim of which is to address the behavior of users themselves. A number of interventions and policies reduce alcohol-related consequences to society by regulating alcohol pricing, targeting alcohol-impaired driving, and limiting alcohol availability. The legal system defines criminal responsibility in the context of alcohol use, as an enormous percentage of violent crime and motor death is associated with alcohol intoxication. In recent years, recovery-oriented policies have aimed to expand social supports for recovery and to improve access to treatment for substance use disorders within the criminal justice system. The Affordable Care Act, also know as "ObamaCare," made substantial changes to access to substance abuse treatment by mandating that health insurance include services for substance use disorders comparable to coverage for medical and surgical treatments. Rather than a simplified "war on drugs" approach, there appears to be an increasing emphasis on evidence-based policy development that approaches alcohol use disorders with hope for treatment and prevention. This chapter focuses on alcohol and the law in the United States. © 2014 Elsevier B.V. All rights reserved.

The Age of Criminal Responsibility: "The Frontier between Care and Justice"

ERIC Educational Resources Information Center

Gillen, John

2006-01-01

This is an extract from a speech given by Mr Justice Gillen to a conference in Belfast organised by Children Law UK in January 2006. It addresses the potential conflict between the concept of the welfare of children inherent in the family care system and that of responsibility inherent in the criminal justice system. It questions whether the…

Enduring Risk? Old Criminal Records and Predictions of Future Criminal Involvement

ERIC Educational Resources Information Center

Kurlychek, Megan C.; Brame, Robert; Bushway, Shawn D.

2007-01-01

It is well accepted that criminal records impose collateral consequences on offenders. Such records affect access to public housing, student financial aid, welfare benefits, and voting rights. An axiom of these policies is that individuals with criminal records--even old criminal records--exhibit significantly higher risk of future criminal…

[Treasury Law Enforcement School. Course 14. "Evidence." Student Guide, Text, and Handout.

ERIC Educational Resources Information Center

Department of the Treasury, Washington, DC. Consolidated Law Enforcement Training Center.

This packet of three booklets, which includes a student guide, textbook, and handbook, is illustrative of other booklets available from the Treasury Law Enforcement School designed for training law enforcement officers in Federal law. The material in this course, related primarily to criminal cases, focuses on presenting evidence to the court to…

Genetic and Environmental Contributions to the Relationship between Violent Victimization and Criminal Behavior

ERIC Educational Resources Information Center

Vaske, Jamie; Boisvert, Danielle; Wright, John Paul

2012-01-01

Studies have shown that there is a significant association between violent victimization and criminal behavior. One potential explanation for this association is that genetically mediated processes contribute to both violent victimization and criminal behavior. The current study uses data from the twin sample of the National Longitudinal Study of…

32 CFR 635.9 - Guidelines for disclosure within DOD.

Code of Federal Regulations, 2010 CFR

2010-07-01

... 32 National Defense 4 2010-07-01 2010-07-01 true Guidelines for disclosure within DOD. 635.9 Section 635.9 National Defense Department of Defense (Continued) DEPARTMENT OF THE ARMY (CONTINUED) LAW ENFORCEMENT AND CRIMINAL INVESTIGATIONS LAW ENFORCEMENT REPORTING Release of Information § 635.9 Guidelines for disclosure within DOD. (a) Criminal...

32 CFR 635.16 - General.

Code of Federal Regulations, 2010 CFR

2010-07-01

... 32 National Defense 4 2010-07-01 2010-07-01 true General. 635.16 Section 635.16 National Defense Department of Defense (Continued) DEPARTMENT OF THE ARMY (CONTINUED) LAW ENFORCEMENT AND CRIMINAL INVESTIGATIONS LAW ENFORCEMENT REPORTING Offense Reporting § 635.16 General. (a) This subpart establishes policy for reporting founded criminal offenses...

Diversion of mentally disordered people from the criminal justice system in England and Wales: An overview.

PubMed

James, David V

2010-01-01

The form that diversion mechanisms take in a given jurisdiction will be influenced both by mental health law and sentencing policies, and by the structure of criminal justice and health care systems. In England and Wales, treatment in hospital in lieu of any other sentence is available as a disposal option following a finding of guilt. In addition, there is a National Health Service, free at the point of delivery, the existence of which creates the potential for a co-ordinated nationwide response to mental disorder within the criminal justice system. In recent years, the National Health Service has taken over the delivery of health care in prisons, including psychiatric services, with the principle being one of equivalence between the quality of health provision provided in the community and that provided in prisons. However, problems within the system dictate that an important place remains for add-on diversion initiatives at courts and police stations, which aim to circumvent some of the delays in dealing with mentally disordered people or to prevent them entering the criminal justice system in the first place. It has been demonstrated that such mechanisms can be highly effective, and a government-sponsored review in 1992 recommended their general adoption. A lack of central co-ordination determined that progress was very slow. A new government-commissioned report in 2009 set out detailed recommendations for reform throughout the system. It laid emphasis on a co-ordinated response at all levels and between all agencies, and placed importance on linking initiatives with community services and with preventative measures, including attention to the effects of social exclusion. Some grounds for optimism exist, although there are particular problems in implementing change at a time of financial austerity. Copyright 2010 Elsevier Ltd. All rights reserved.

Paranoia in the criminal courts.

PubMed

Gunn, John; Buchanan, Alec

2006-01-01

It is generally accepted that those who suffer from mental illness are less responsible for their criminal actions than others. A fictitious case of a woman suffering from a paranoid psychosis, who severely injures her legal advisor, is considered in two different but related jurisdictions, England & Wales and Connecticut, USA. Four elements of the criminal process are considered. Significant differences between the jurisdictions are found in all four elements. There is greater pragmatism in the English system and a greater chance of the woman ending up in long-term hospital care, but both systems aim to prevent further violence by the use of institutionalisation. International and intra-national variations in the care of this hypothetical woman are briefly discussed, and it is clear that in both countries medical care is compromised by attitudinal and political considerations.

Handbook of Blackfeet Tribal Law. Blackfeet Heritage Program: Browning.

ERIC Educational Resources Information Center

Gilham, Dan, Sr.

Based on the Constitution and By-Laws of the Blackfeet Tribe, approved by the U.S. Secretary of the Interior in 1935, the Blackfeet Tribal Council has the authority to make civil and criminal laws and procedures to protect the peace, tranquility, and dignity of all persons residing within the Blackfeet Indian Reservation; to protect the…

12 CFR 7.4009 - Applicability of state law to national bank operations.

Code of Federal Regulations, 2010 CFR

2010-01-01

... operations. (a) Authority of national banks. A national bank may exercise all powers authorized to it under... laws that obstruct, impair, or condition a national bank's ability to fully exercise its powers to... they only incidentally affect the exercise of national bank powers: (i) Contracts; (ii) Torts; (iii...

The relative advantages of criminal versus administrative environmental enforcement actions in Israel.

PubMed

Tal, Alon; Aharon, Yaara; Yuhas-Peled, Hadar

2010-04-01

Most environmental enforcement programs have separate criminal and administrative procedures for addressing violations. Pitting "criminal"versus"administrative" enforcement as mutually exclusive alternatives constitutes a "false dilemma". Clearly, the government response should be influenced by the severity of pollution and the specific circumstances of the polluter. Yet, policy makers seeking to improve environmental compliance need to have a clearer picture about the merits of each approach and their relative effectiveness. This research empirically assesses the effectiveness of criminal versus administrative enforcement activities in Israel. After considering the philosophical implications associated with each regulatory approach, the results of a year-long study are presented. A series of performance indicators are utilized, with particular weight on compliance status in the field, to assess the condition of environmental violations several years subsequent to completion of enforcement activities. The state of 100 violations of air, water and hazardous materials laws that had been addressed through the criminal process were matched with results of comparable violations, against which administrative actions were taken. Results suggest that while criminal enforcement is a longer process, compliance following these actions was significantly greater than in administrative enforcement cases. The findings also underline the significance of a systematic follow-up system for tracking violations after enforcement actions are complete. Finally, the study confirms the benefits of targeted assistance to improve compliance among violators of environmental standards.

[Science and law in courts].

PubMed

Tallacchini, Mariachiara

2014-01-01

Science and law can be seen as the main creators of orders and rules in knowledge-based societies. These relations are particularly delicate in domains where scientific uncertainty and probabilistic causality are more frequently involved, such as environment and health. The decision of the Court of Florence (Tuscany Region, Northern Italy) (Second Criminal Division, 3217/2010, 17th May 2010) - here analysed - deals with the uncertain correlations between PM10 and health. The criminal law case involved some public officers in Tuscany, indicted for having failed to adopt the adequate measures to keep PM10 levels within the limits set by European Directive 2008/50/EC on air quality. In arguing that accusations were ill-founded, the Court, while invoking the validity of science, deliberately chose the scientific evidence relevant to drawing specific legal consequences. Meteorological phenomena are considered as the single determinant of high levels of PM10; their uncertainty is framed as absolute unpredictability and ungovernability, and from these flaws non-responsibility. The concept of coproduction is applied as a useful critical tool to open up the complex relationships between science and law by showing how scientific and legal concepts generate and influence each other even when legal regulations claims to be neutrally and objectively science-based.

Voluntary Environmental auditing in light of EPA`s criminal enforcement initiatives

DOE Office of Scientific and Technical Information (OSTI.GOV)

Buehler, D.C.; Sarlo, C.H.

1995-12-01

With the advent and encouragement of recent initiatives by EPA and state environmental regulators for the development and use by business entities of voluntary environmental compliance and audit programs has come an increased concern over the potential for criminal prosecution of individuals charged with the responsibility for ensuring environmental compliance. With the EPA avoiding the issue of whether audit findings will be used as evidence in a joint civil and criminal investigation (i.e., multi-media inspection), a sense of heightened concern has been prevalent in the regulated community. This paper will address the use of audit methodologies that incorporate law enforcement/criminalmore » investigatory techniques as well as suggested attorney-client reporting structure that should be applied in auditing in order to prevent/mitigate the potential for criminal enforcement actions. The goals of the paper are to enable both corporate compliance managers and environmental auditors to be aware of the potential pitfalls and/or liabilities associated with compliance audit findings. Additionally, to educate auditors on when and how to take further steps, through the use of investigatory interviewing techniques, in order to develop answers to questionable data and/or confirm findings of the environmental audit to avoid civil and criminal penalties. The goals of an environment audit should be to avoid both civil and criminal prosecution through the advanced identification of liabilities and the subsequent development of protocols to achieve compliance. However, oftentimes the use of a pre-established {open_quotes}checklist.« less

State gun safe storage laws and child mortality due to firearms.

PubMed

Cummings, P; Grossman, D C; Rivara, F P; Koepsell, T D

1997-10-01

Since 1989, several states have passed laws that make gun owners criminally liable if someone is injured because a child gains unsupervised access to a gun. These laws are controversial, and their effect on firearm-related injuries is unknown. To determine if state laws that require safe storage of firearms are associated with a reduction in child mortality due to firearms. An ecological study of firearm mortality from 1979 through 1994. All 50 states and the District of Columbia. All children younger than 15 years. Unintentional deaths, suicides, and homicides due to firearms. Laws that make gun owners responsible for storing firearms in a manner that makes them inaccessible to children were in effect for at least 1 year in 12 states from 1990 through 1994. Among children younger than 15 years, unintentional shooting deaths were reduced by 23% (95% confidence interval, 6%-37%) during the years covered by these laws. This estimate was based on within-state comparisons adjusted for national trends in unintentional firearm-related mortality. Gun-related homicide and suicide showed modest declines, but these were not statistically significant. State safe storage laws intended to make firearms less accessible to children appear to prevent unintentional shooting deaths among children younger than 15 years.

Framing in criminal investigation

PubMed Central

2016-01-01

Failures in criminal investigation may lead to wrongful convictions. Insight in the criminal investigation process is needed to understand how these investigative failures may rise and how measures can contribute to the prevention of this kind of failures. Some of the main findings of an empirical study of the criminal investigation process in four cases of major investigations are presented here. This criminal investigation process is analyzed as a process of framing, using Goffman's framing (Goffman, 1975) and interaction theories (Goffman, 1990). It shows that in addition to framing, other substantive and social factors affect the criminal investigation. PMID:29046594

Comparative Productivity of Criminal Record Checks by Federal Investigators and Contractors

DTIC Science & Technology

2004-12-01

CA CO Colorado Crime Information Center (CCIC), a computerized criminal history record information system for all Colorado law enforcement...agencies Colorado Bureau of Investigation, Denver , CA, servicing all locations in the State of Colorado Colorado Bureau of Investigations... Denver , CO. Colorado Bureau of Investigations is the Central Repository for all arrest records in the state of CO Colorado Bureau of Investigation

Balancing economic freedom against social policy principles: EC competition law and national health systems.

PubMed

Mossialos, Elias; Lear, Julia

2012-07-01

EU Health policy exemplifies the philosophical tension between EC economic freedoms and social policy. EC competition law, like other internal market rules, could restrict national health policy options despite the subsidiarity principle. In particular, European health system reforms that incorporate elements of market competition may trigger the application of competition rules if non-economic gains in consumer welfare are not adequately accounted for. This article defines the policy and legal parameters of the debate between competition law and health policy. Using a sample of cases it analyses how the ECJ, national courts, and National Competition Authorities have applied competition laws to the health services sector in different circumstances and in different ways. It concludes by considering the implications of the convergence of recent trends in competition law enforcement and health system market reforms. Copyright © 2012 Elsevier Ireland Ltd. All rights reserved.

European laws on compulsory commitment to care of persons suffering from substance use disorders or misuse problems- a comparative review from a human and civil rights perspective.

PubMed

Israelsson, Magnus; Nordlöf, Kerstin; Gerdner, Arne

2015-08-28

comply with international ratified conventions concerning human and civil rights. This, however, applies to all three types of law, i.e. social, mental health and criminal legislation. The main differences between law types concern legal criteria, reflecting different national priorities on implicit ambitions of CCC - for correction, for prevention, or for support to those in greatest need of care.

Raising the Bar: A Qualitative Study of Adult Learning Theory and Its Role on the Effectiveness of Law School Education in Preparing New Graduates to Begin the Practice of Law

ERIC Educational Resources Information Center

Taylor, Bryan Finley

2010-01-01

This qualitative research study examined the effectiveness of law school education in preparing new attorneys to practice law from the view point of novice criminal law attorneys. A debate has existed over the past few decades between legal academia and the practicing bar as to what are the most effective learning processes and strategies of…

32 CFR Appendix A to Part 150 - Format for Direction for Review in a Court of Criminal Appeals

Code of Federal Regulations, 2010 CFR

2010-07-01

... Criminal Appeals A Appendix A to Part 150 National Defense Department of Defense OFFICE OF THE SECRETARY OF DEFENSE REGULATIONS PERTAINING TO MILITARY JUSTICE COURTS OF CRIMINAL APPEALS RULES OF PRACTICE AND... Appeals In the United States ______ 1 Court of Criminal Appeals United States v. (Full typed name, rank...

Racial Disparities in Early Criminal Justice Involvement

PubMed Central

Crutchfield, Robert D.; Skinner, Martie L.; Haggerty, Kevin P.; McGlynn, Anne; Catalano, Richard F.

2010-01-01

Criminologists have long reported the existence of racial disparity in the criminal justice system, but the important question is why. While some argue that observed differences are a consequence of more criminal behavior among minorities, the weight of the evidence indicates that this is but a partial explanation. In this paper we study data from a sample of juveniles to examine how racial differences in early police contact, and important social environments—family, school, and neighborhoods—affect later contact and arrests, controlling for self-reported delinquency. We find that early (in middle school) contact with police is an important predictor of later (high school) arrests. Also we found that, in addition to being male and living in a low-income family, children who have parents who have a history of arrest, who have experienced school disciplinary actions, who have delinquent peers, and who are in networks with deviant adults are more likely to have problems with law enforcement. These factors help to explain racial differences in police contacts and arrests. PMID:20190860

Triparental families: a new genetic-epidemiological design applied to drug abuse, alcohol use disorders, and criminal behavior in a Swedish national sample.

PubMed

Kendler, Kenneth S; Ohlsson, Henrik; Sundquist, Jan; Sundquist, Kristina

2015-06-01

The authors sought to clarify the sources of parent-offspring resemblance for drug abuse, alcohol use disorders, and criminal behavior, using a novel genetic-epidemiological design. Using national registries, the authors identified rates of drug abuse, alcohol use disorders, and criminal behavior in 41,360 Swedish individuals born between 1960 and 1990 and raised in triparental families comprising a biological mother who reared them, a "not-lived-with" biological father, and a stepfather. When each syndrome was examined individually, hazard rates for drug abuse in offspring of parents with drug abuse were highest for mothers (2.80, 95% CI=2.23-3.38), intermediate for not-lived-with fathers (2.45, 95% CI=2.14-2.79), and lowest for stepfathers (1.99, 95% CI=1.55-2.56). The same pattern was seen for alcohol use disorders (2.23, 95% CI=1.93-2.58; 1.84, 95% CI=1.69-2.00; and 1.27, 95% CI=1.12-1.43) and criminal behavior (1.55, 95% CI=1.44-1.66; 1.46, 95% CI=1.40-1.52; and 1.30, 95% CI=1.23-1.37). When all three syndromes were examined together, specificity of cross-generational transmission was highest for mothers, intermediate for not-lived-with fathers, and lowest for stepfathers. Analyses of intact families and other not-lived-with parents and stepparents showed similar cross-generation transmission for these syndromes in mothers and fathers, supporting the representativeness of results from triparental families. A major strength of the triparental design is its inclusion, within a single family, of parents who provide, to a first approximation, their offspring with genes plus rearing, genes only, and rearing only. For drug abuse, alcohol use disorders, and criminal behavior, the results of this study suggest that parent-offspring transmission involves both genetic and environmental processes, with genetic factors being somewhat more important. These results should be interpreted in the context of the strengths and limitations of national registry data.

Developing a Love for the Law.

ERIC Educational Resources Information Center

School Safety, 1990

1990-01-01

Law-Related Education (LRE) is a curriculum for elementary through high school students that focuses on civil, criminal, and constitutional themes as they revolve around familiar topics. LRE programs teach objective facts through the immediacy of group process. In 1989-90, LRE was active in 43 states. (MLF)

Strong gun laws are not enough: the need for improved enforcement of secondhand gun transfer laws in Massachusetts.

PubMed

Braga, Anthony A; Hureau, David M

2015-10-01

Research suggests that an overwhelming majority of crime guns were transferred by private sellers before recovery by law enforcement. Unfortunately, most states do not regulate these transactions. This study examines whether analyses of state-level private transfer data could be used to develop interventions to reduce the supply of handguns to violent criminals. Traced Boston crime handguns first sold at Massachusetts license dealers were matched to state secondhand gun transfer data. Logistic regression and descriptive statistics were used to analyze the characteristics of recovered crime guns and in-state primary and secondary market transaction patterns. For crime handguns with records of secondary market transactions in Massachusetts, many rapidly move from private transfer to recovery by the police. Unfortunately, important transaction data on the in-state sources of nearly 63% of recovered handguns were not readily available to law enforcement agencies. Data on private transfers of guns could be used to prevent violent injuries by reducing criminal access. However, the passage of strong private transfer gun laws needs to be accompanied by investments in the vigorous enforcement of reporting requirements. Copyright © 2015 Elsevier Inc. All rights reserved.

Impact of California firearms sales laws and dealer regulations on the illegal diversion of guns.

PubMed

Pierce, Glenn L; Braga, Anthony A; Wintemute, Garen J

2015-06-01

The available evidence suggests that more restrictive state firearm sales laws can reduce criminal access to guns. California has firearm-related laws that are more stringent than many other states and regulates its retail firearms dealers to a unique degree. This research seeks to examine the effect of more restrictive state gun laws and regulations on the illegal diversion of guns to criminals. Survival analyses are used to determine whether state firearm sales laws, particularly California's legal context and regulatory regime, impact the distribution of time-to-crime of recovered firearms in that state relative to other US states. USA. 225,392 traced firearms, where the first retail purchasers and the gun possessors were different individuals, recovered by law enforcement agencies between 2003 and 2006. The increased stringency of state-level firearms laws and regulations leads to consistently older firearms being recovered. California was associated with the oldest recovered crime guns compared with guns associated with other states. These patterns persisted regardless of whether firearms were first purchased within the recovery state or in another state. These findings suggest that more restrictive gun sales laws and gun dealer regulations do make it more difficult for criminals to acquire new guns first purchased at retail outlets. Published by the BMJ Publishing Group Limited. For permission to use (where not already granted under a licence) please go to http://group.bmj.com/group/rights-licensing/permissions.

Sex offender risk assessment: the need to place recidivism research in the context of attrition in the criminal justice system.

PubMed

Larcombe, Wendy

2012-04-01

Jurisdictions in the United States, United Kingdom, and Australia now have laws that enable preventive detention of post-sentence sex offenders based on an assessment of the offender's likely recidivism. Measures of recidivism, or risk assessments, rely on the criminal justice process to produce the "pool" of sex offenders studied. This article argues that recidivism research needs to be placed in the context of attrition studies that document the disproportionate and patterned attrition of sexual offenses and sexual offenders from the criminal justice process. Understanding the common biases that affect criminal prosecution of sex offenses would improve sexual violence prevention policies.

Crime and the Law: A 12th Grade Social Studies Course.

ERIC Educational Resources Information Center

Wisconsin State Dept. of Education, Madison.

The document outlines a semester-long 12th grade study of criminal law which is accomplished through an examination of Wisconsin and constitutional law. Six sections comprise the teaching outline. Section I, The Legislative Process, considers the legislature, various statutes and terminologies, revision of legislation, and penalties. Section II,…

Analysis of National Crime Victimization Survey Data to Study Serious Delinquent Behavior. Monograph Four: Juvenile Criminal Behavior and Its Relation to Economic Conditions.

ERIC Educational Resources Information Center

Danser, Kenneth R.; Laub, John H.

Quarterly offending data from the National Crime Survey 1973-78 (NCS) were used to address the question: what effect do economic conditions have on criminal behavior over time? A total rate of offending in personal crimes as well as crime specific rates for robbery, aggravated assault, and simple assault were examined. Analysis focused on three…

The relationship between types of childhood victimisation and young adulthood criminality.

PubMed

Howell, Kathryn H; Cater, Åsa K; Miller-Graff, Laura E; Schwartz, Laura E; Graham-Bermann, Sandra A

2017-10-01

Previous research suggests that some types of childhood abuse and neglect are related to an increased likelihood of perpetrating criminal behaviour in adulthood. Little research, however, has examined associations between multiple different types of childhood victimisation and adult criminal behaviour. We sought to examine the contribution of multiple and diverse childhood victimisations on adult criminal behaviour. Our central hypothesis was that, after controlling for gender, substance use and psychopathy, each type of childhood victimisation - specifically experience of property offences, physical violence, verbal abuse, sexual abuse, neglect and witnessed violence - would be positively and independently related to criminal behaviour in young adults. We examined data from a large, nationally representative sample of 2244 young Swedish adults who reported at least one form of victimisation, using hierarchical regression analysis to also account for gender, substance use and psychopathy. Experiences of physical assaults, neglect and witnessing violence as a child were significantly associated with adult criminal behaviour, but not experiences of property, verbal or sexual victimizations. Our findings help to identify those forms of harm to children that are most likely to be associated with later criminality. Even after accounting for gender, substance misuse and psychopathology, childhood experience of violence - directly or as a witness - carries risk for adulthood criminal behaviour, so such children need targeted support and treatment. Copyright © 2016 John Wiley & Sons, Ltd. Copyright © 2016 John Wiley & Sons, Ltd.

Criminal Charges for Child Harm from Substance Use in Pregnancy.

PubMed

Angelotta, Cara; Appelbaum, Paul S

2017-06-01

Despite the opposition of medical and public health professionals, several state legislatures are considering laws that permit child abuse charges for substance use during pregnancy. We reviewed legal decisions regarding women charged with a crime against a fetus or child as a result of substance use during pregnancy. We identified 24 judicial opinions published between 1977 and 2015 in cases involving 29 women prosecuted in 19 states. Charges included child endangerment, child abuse, drug delivery, attempted aggravated child abuse, chemical endangerment of a child, child neglect, child mistreatment, homicide, manslaughter, and reckless injury to a child. The substances related to the charges included cocaine, heroin, methamphetamine, marijuana, and prescription pills. Proceedings resulted in dismissal of the charges or convictions overturned for 86.2 percent of the women. In all of the cases, the judicial decision depended on the disposition of the question of whether, for the purpose of adjudicating the criminal charges, a fetus is a child. The balance in the courts in favor of treating substance use during pregnancy as a medical problem depends on the definition of a child for the purposes of criminal statutes. Professional advocacy may best be directed at state legislatures. © 2017 American Academy of Psychiatry and the Law.

Sodium content in processed foods in Argentina: compliance with the national law.

PubMed

Allemandi, Lorena; Tiscornia, María Victoria; Ponce, Miguel; Castronuovo, Luciana; Dunford, Elizabeth; Schoj, Verónica

2015-06-01

Despite the body of evidence that documents the unfavorable effects of excessive sodium consumption on blood pressure and cardiovascular health, public health efforts to decrease sodium consumption have been limited to a few countries. Argentina is the first country in Latin America to regulate sodium content of processed foods by means of a national law. The objective of this cross-sectional quantitative study is to provide a baseline comparison against the reduction targets set by the national law before its entry into force. Data were collected in February 2014 in a leading supermarket chain located in Buenos Aires. Nutrient data from package labels were analysed for 1,320 products within 14 food groups during the study period. To compare sodium concentration levels with the established maximum levels we matched the collected food groups with the food groups included in the law resulting in a total of 292 products. Data analysis was conducted using SPSS version 20 software. Food groups with the highest median sodium content were sauces and spreads (866.7 mg/100 g), meat and meat products (750 mg/100 g) and snack foods (644 mg/100 g). Categories with the highest sodium content were appetizers (1,415 mg/100 g), sausages (1,050 mg/100 g) and ready-made meals (940.7 mg/100 g). We also found large variability within products from the same food categories. Products included in the national law correspond to 22.1% (n=292) of the surveyed foods. From the 18 food groups, 15 showed median sodium values below the established targets. Products exceeding the established maximum levels correspond to 15.1% (n=44) of the products included in the analysis. This study is the first analysis of food labels to determine sodium concentrations of processed foods in Argentina and to provide a baseline against the national law standards. Upon the completion of this analysis, maximum levels have been achieved by most of the food groups included in the law. Thus, the introduction of

Criminal prosecution of a male partner for sexual transmission of infectious diseases: the views of educated people living in Togo.

PubMed

Kpanake, Lonzozou; Patassi, Akouda; Mullet, Etienne

2013-06-01

To examine the views of educated people in Togo on the acceptability of criminal prosecution of a male partner for sexual transmission of infectious diseases (STIDs) to his female partner. 199 adults living in Kara, Togo judged acceptability of criminal prosecution for STID in 45 scenarios composed of combinations of five factors: (a) severity of disease; (b) awareness and communication of one's serological status; (c) partners' marital status; (d) number of sexual partners the female partner has and (e) male partner's subsequent attitude (supportive or not). Acceptability was lower (a) when the male partner decided to take care of his female partner he had infected than when he decided to leave, (b) when both partners were informed but decided not to take precautions than when none of them was informed or when only the male partner was informed and (c) when the female partner has had several male sexual partners than when she has had only one. Two qualitatively different views were identified. For 66% of participants, when the male partner accepts to take care of his partner, he should not be sued, except when he did not disclose his serological status. For 34%, when both partners were informed, the male partner should not be sued, irrespective of other circumstances. Regarding criminal prosecution for STID, most people in the sample endorsed the position of the Joint United Nations Programme on HIV/AIDS that urges governments not to apply criminal law to cases where sexual partners disclosed their status or were not informed of it.

32 CFR 845.5 - Provision of bail in criminal cases.

Code of Federal Regulations, 2010 CFR

2010-07-01

... 32 National Defense 6 2010-07-01 2010-07-01 false Provision of bail in criminal cases. 845.5 Section 845.5 National Defense Department of Defense (Continued) DEPARTMENT OF THE AIR FORCE CLAIMS AND... damages. Local US military authorities are expected to provide bail, in any case, only after other...

Future Law Enforcement Officers and Social Workers: Perceptions of Domestic Violence

ERIC Educational Resources Information Center

McMullan, Elizabeth C.; Carlan, Philip E.; Nored, Lisa S.

2010-01-01

This study compares perceptions of domestic violence for college students planning to work in law enforcement with students aspiring to careers in social work and non-law-enforcement criminal justice (N = 491). The study involves students attending four public universities across one Southern state who completed a survey (spring of 2006) measuring…

Supervising and the Law. Supervising: Industrial Relations. The Choice Series #88. A Self Learning Opportunity.

ERIC Educational Resources Information Center

McCall, Matthew S.

This student guide is intended to assist persons employed as supervisors in understanding the legal aspects of supervision. Discussed in the first four sections are the following topics: the nature of the law (criminal and civil law, why people obey the law, and the law and supervisors); health and safety at work (safety in the workplace, ways of…