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Sample records for international criminal law

  1. 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.

  2. 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.

  3. 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.

  4. Epilepsy and criminal law.

    PubMed

    Paul, G M; Lange, K W

    1992-04-01

    Automatic episodes of aggressive or violent behaviour may occur during or after an epileptic fit. Epileptic automatisms are regarded by the law as 'insane automatisms'. A person who commits a crime during the course of a seizure is therefore legally insane and must be committed to a psychiatric hospital. The law of insanity is inappropriate when applied to epileptic automatisms. A change in the law is therefore necessary to remove epileptic offenders from the legal ambit of insanity, and to save them the threat of detention in a mental hospital as a consequence of their crime.

  5. [Expertise in the context of criminal law].

    PubMed

    Vermylen, Yvo

    2005-01-01

    The procedures of expert investigations in criminal law are different from those in civil law. Being an expert in criminal law investigations assumes thorough knowledge of dentistry, forensic investigations and of rules and procedures to follow. Adequate training and continuous education are mandatory.

  6. Interstitial Jurisprudence Illustrated in Teaching Criminal Law

    ERIC Educational Resources Information Center

    Funk, David A.

    1975-01-01

    The incorporation of criminal law theory into the first-year criminal law course is discussed as an example of adding the jurisprudence of specific subject matters to standard courses. Jurisprudential issues appropriate for study are suggested along with guidelines for teaching techniques, selection of materials, and use of class time. (JT)

  7. Termination of pregnancy under French law: from criminalization to a right in accordance with international developments on women's rights.

    PubMed

    Madanamoothoo, Allane

    2011-12-01

    Termination of pregnancy is the premature exit of the products of conception, which include the placenta, bag of waters, embryo or fetus from the uterus. In general, the term "termination of pregnancy" refers to non-medical termination of pregnancy, which is requested for different reasons other than medical ones. When such a request is made in countries where it is lawful, women have access to induced termination of pregnancy under lawful and limited conditions. However, in countries where the practice is illegal, women tend to suffer and die of complications from unsafe termination of pregnancy. Nowadays, there seems to be a worldwide trend towards the legalization of termination of pregnancy. The impact of international developments on women's rights has played an increasing role in improving access to termination of pregnancy. This article aims at describing how legalization of termination of pregnancy in France has become a right which is in accordance with international developments on women's rights. PMID:22397179

  8. Termination of pregnancy under French law: from criminalization to a right in accordance with international developments on women's rights.

    PubMed

    Madanamoothoo, Allane

    2011-12-01

    Termination of pregnancy is the premature exit of the products of conception, which include the placenta, bag of waters, embryo or fetus from the uterus. In general, the term "termination of pregnancy" refers to non-medical termination of pregnancy, which is requested for different reasons other than medical ones. When such a request is made in countries where it is lawful, women have access to induced termination of pregnancy under lawful and limited conditions. However, in countries where the practice is illegal, women tend to suffer and die of complications from unsafe termination of pregnancy. Nowadays, there seems to be a worldwide trend towards the legalization of termination of pregnancy. The impact of international developments on women's rights has played an increasing role in improving access to termination of pregnancy. This article aims at describing how legalization of termination of pregnancy in France has become a right which is in accordance with international developments on women's rights.

  9. Commentary: personality disorders and criminal law.

    PubMed

    Slovenko, Ralph

    2009-01-01

    The history of the personality-disorder diagnosis in law and psychiatry-in particular, the antisocial personality disorder-is recounted along with the arguments of renowned forensic psychiatrists as well as public opinion. Jurisdictions around the world are divided on the impact of the diagnosis on criminal responsibility or on sentencing.

  10. The multiple personality and the criminal law.

    PubMed

    Slovenko, R

    1993-01-01

    Multiple personality disorder (MPD) is a growing phenomenon in the United States. The number of cases have mounted following the celebrated cases of 'Three Faces of Eve' and 'Sybil' that have been popularized over the past several decades. How can--or should--the criminal law deal with multiple personality? Should the defendant suffering MPD be deemed competent to stand trial, or be able successfully to assert the insanity defence, or diminished capacity or automatism? Does MPD qualify as a mental disease or defect under the test of criminal responsibility, which would call for commitment upon a finding of not guilty by reason of insanity? What is the effect of MPD on cognition or control? These issues are discussed.

  11. [Revision of the medical malpractice law? Malpractice in an international comparison].

    PubMed

    Deutsch, E

    1998-10-01

    An international comparison shows that the German criminal law is severe on physicians. In the majority of the other countries the doctor is just liable for criminal or gross negligence. There are some countries where lack of informed consent leads to a special criminal action. The comparative law shows us that it is better to keep the current criminal law.

  12. [Neuroscience and criminal law: new perspectives for old problems].

    PubMed

    Mercurio, Ezequiel N

    2009-01-01

    The advance of neuroscience has begun to affect different disciplines, one of the most influenced is the criminal law. The new researches add light on what region are in charge of the control and value of our behaviour and which might be the consequences of the dysfunction in these regions. Therefore, the criminal law begin to ask about criminal responsibility in subjects with brain injuries or dysfunction. The aim of this paper is to analyze the impact of the current neuroscience in criminal responsibility.

  13. Paraphilia and sex offending - A South African criminal law perspective.

    PubMed

    Carstens, Pieter; Stevens, Philip

    2016-01-01

    Historically, the link between sexual deviance and criminality has been described and documented, asserted by psychiatry, and manifested in law. Laws that have regulated sexual behaviour have referred to terms such as 'sexual deviation', 'sexual perversion' or even archaic moral terms such as 'unnatural acts and unspeakable crimes against nature'. A possible link between sexual perversion, psychopathy, and criminality, specifically manifesting in sexual homicide, has been the subject of remarkable research in forensic psychiatry. This contribution examines the phenomenon of paraphilia with specific reference to its definition, diagnostic classification and characteristics, as well as a few selections of incidences of paraphilia in South African criminal case law. A brief assessment is made of how South African criminal courts have dealt with paraphilia. In this regard, an analysis is made of the criminal liability of the paraphiliac. The South African response to sexual deviation as addressed in the Criminal Law (Sexual Offences and Related Matters) Amendment Act 32 of 2007 will also be addressed with reference to its efficacy in addressing paraphilia within South African criminal law. The interface between criminal law and medical ethics within the context of this theme will also be canvassed. In conclusion, recommendations for possible reform are canvassed. PMID:27182003

  14. The role of criminal law within the healthcare sector.

    PubMed

    Alhafaji, Yasmin

    2012-12-01

    Health is for most of us the most precious thing one can have. However, in practice situations occur where the patient is harmed within the healthcare institution. Traditionally, there are several ways to protect individuals in society: with civil, criminal and administrative procedures. Over the years in the Netherlands complaints procedures were established in which the complaints about healthcare providers' performance can be handled. Recently, there are some developments within the criminal law that concern the healthcare sector. Examples are: the establishment of the Public Prosecution Service's Expertise Center on Medical Matters, appointments of medical prosecutors. In addition, in legal literature suggestions are made that criminal law is nowadays applied in order to provide redress to the patients (relatives) and as a 'safety tool' that is to ensure security and to counter the risks within the healthcare sector. The article discusses the role of criminal law within the healthcare sector, and in particular, whether criminal procedure is suitable for handling complaints about healthcare.

  15. 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.…

  16. [Drug trafficking and international law].

    PubMed

    Marini, Luca

    2002-01-01

    The production, the commerce and the use of drugs and other substances are ruled by several conventions of international law, that, at first, have had as object the production and the commerce of drugs for lawful purposes, and the measures required to prevent and to repress, at certain conditions, abuses and unlawful traffics. Just more recently, following some solicitations noticed by the International Community, and according to the concept of "well-balanced approach" described in the text, the measures introduced in this way were supported by a more incisive international movement, fit for the repression of unlawful traffics of drugs and to the adoption of suitable measures of prevention, also to avoid, at national level, sanitary, social and economical implications of the criminal phenomenon.

  17. 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.

  18. Asperger's disorder and the criminal law.

    PubMed

    Freckelton, Ian

    2011-06-01

    Asperger's Disorder has the potential to be relevant to many aspects of the functioning of the criminal justice system. However, its mere presence does not excuse or justify all offending. The inquiry into its potential relevance to criminal offending and sentencing must be both contextual and informed by suitably qualified expert evidence. This column reviews court decisions in respect of offences of physical violence, sexual violence, arson, stalking/harassing and computer offences across a range of jurisdictions to evaluate how courts have latterly incorporated Asperger's Disorder into decisions about criminal responsibility and culpability.

  19. [International malpractice law].

    PubMed

    Stellpflug, M H

    2001-10-01

    According to German Civil Law the liability of a physician in telemedicine can be based on the breach of contractual duties or tort. In telemedicine doctor and patient are separated by distance. In the case of cross border telemedicine Medical Malpractice Law becomes an international issue with many new questions arising. The rules and regulations of "private international law" determine which law has to be applied. The German private international law allows the patient to choose either the law of the state in which the doctor acts or that state in which the therapeutical damage is being suffered. Another important question arises in determining the jurisdiction (of a court). The European agreements give the patient the right to choose. A "choice of jurisdiction clause" or a "choice of law clause" can help to decide with binding force which law and what jurisdiction has to be applied. However, various regulations concerned with consumer protection restrict the permission of such agreements.

  20. [International malpractice law].

    PubMed

    Stellpflug, M H

    2001-10-01

    According to German Civil Law the liability of a physician in telemedicine can be based on the breach of contractual duties or tort. In telemedicine doctor and patient are separated by distance. In the case of cross border telemedicine Medical Malpractice Law becomes an international issue with many new questions arising. The rules and regulations of "private international law" determine which law has to be applied. The German private international law allows the patient to choose either the law of the state in which the doctor acts or that state in which the therapeutical damage is being suffered. Another important question arises in determining the jurisdiction (of a court). The European agreements give the patient the right to choose. A "choice of jurisdiction clause" or a "choice of law clause" can help to decide with binding force which law and what jurisdiction has to be applied. However, various regulations concerned with consumer protection restrict the permission of such agreements. PMID:11688223

  1. 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.

  2. Multiple personality disorder in criminal law.

    PubMed

    Steinberg, M; Bancroft, J; Buchanan, J

    1993-01-01

    The authors review the recent literature on multiple personality disorder (MPD), the most severe and chronic of the dissociative disorders, in relation to court cases of competence to stand trial, the insanity defense, and research on malingerers feigning MPD. Issues relevant in the assessment of competency and insanity are described. Features characteristic of MPD, including amnesia and alterations in consciousness and personality, have varying degrees of influence over the criminal behavior of an individual with MPD. As in other psychiatric disorders, the influence of MPD on an individual's competence to stand trial, and sanity, can be evaluated systematically. This article discusses a specific diagnostic tool, the Structured Clinical Interview for DSM-IV Dissociative Disorders (SCID-D), an extensively field tested instrument that is potentially quite useful in forensic assessment of suspects manifesting dissociative symptoms and disorders. The particular advantages of the SCID-D will be reviewed in the context of some well known criminal cases involving MPD. Further research using diagnostic interviews for the systematic assessment of dissociative symptoms and MPD in criminal cases will continue to clarify the influence of these symptoms in a forensic context.

  3. Teaching International Law: Concepts in International Relations

    ERIC Educational Resources Information Center

    Starbird, Caroline; Pettit, Jenny; Singleton, Laurel

    2004-01-01

    This book is designed to introduce students to public international law. Topics covered include international public organizations, such as the United Nations and World Trade Organization, international courts, international human rights law, international trade law, and international environmental law. The goal of each study is to examine how…

  4. 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.

  5. Automatisms: bridging clinical neurology with criminal law.

    PubMed

    Rolnick, Joshua; Parvizi, Josef

    2011-03-01

    The law, like neurology, grapples with the relationship between disease states and behavior. Sometimes, the two disciplines share the same terminology, such as automatism. In law, the "automatism defense" is a claim that action was involuntary or performed while unconscious. Someone charged with a serious crime can acknowledge committing the act and yet may go free if, relying on the expert testimony of clinicians, the court determines that the act of crime was committed in a state of automatism. In this review, we explore the relationship between the use of automatism in the legal and clinical literature. We close by addressing several issues raised by the automatism defense: semantic ambiguity surrounding the term automatism, the presence or absence of consciousness during automatisms, and the methodological obstacles that have hindered the study of cognition during automatisms.

  6. PTSD as a criminal defense: a review of case law.

    PubMed

    Berger, Omri; McNiel, Dale E; Binder, Renée L

    2012-01-01

    Posttraumatic stress disorder (PTSD) has been offered as a basis for criminal defenses, including insanity, unconsciousness, self-defense, diminished capacity, and sentencing mitigation. Examination of case law (e.g., appellate decisions) involving PTSD reveals that when offered as a criminal defense, PTSD has received mixed treatment in the judicial system. Courts have often recognized testimony about PTSD as scientifically reliable. In addition, PTSD has been recognized by appellate courts in U.S. jurisdictions as a valid basis for insanity, unconsciousness, and self-defense. However, the courts have not always found the presentation of PTSD testimony to be relevant, admissible, or compelling in such cases, particularly when expert testimony failed to show how PTSD met the standard for the given defense. In cases that did not meet the standard for one of the complete defenses, PTSD has been presented as a partial defense or mitigating circumstance, again with mixed success.

  7. [Scientific cooperation: limiting freedom of research by criminal law?].

    PubMed

    Dölling, D

    2000-09-01

    Even after the strengthening by the law of 1997, the German criminal law regarding corruption is no obstacle for cooperation between medical research and industry. The injustice of corruption is an irregular exchange between performing one's duty and benefits. According to this, an enterprise may give funds to a scientist for research purposes if no counter performance exceeding the research is associated with this. However, it makes a difference if the scientist has to show his appreciation by influencing economic decisions of the clinic in favor of the enterprise. In case of such an injustice, it is, under the new law, no longer important if the benefit is destined for the scientist himself or for another person or organization. Thus, it is in the interest of both research and industry to avoid the suspicion of corruption in the first place. A prerequisite for this is the strict observance of the legal and administrative regulations concerning projects financed by third-party funds.

  8. [Direct genetic manipulation and criminal code in Venezuela: absolute criminal law void?].

    PubMed

    Cermeño Zambrano, Fernando G De J

    2002-01-01

    The judicial regulation of genetic biotechnology applied to the human genome is of big relevance currently in Venezuela due to the drafting of an innovative bioethical law in the country's parliament. This article will highlight the constitutional normative of Venezuela's 1999 Constitution regarding this subject, as it establishes the framework from which this matter will be legally regulated. The approach this article makes towards the genetic biotechnology applied to the human genome is made taking into account the Venezuelan penal law and by highlighting the violent genetic manipulations that have criminal relevance. The genetic biotechnology applied to the human genome has another important relevance as a consequence of the reformulation of the Venezuelan Penal Code discussed by the country's National Assembly. Therefore, a concise study of the country's penal code will be made in this article to better understand what judicial-penal properties have been protected by the Venezuelan penal legislation. This last step will enable us to identify the penal tools Venezuela counts on to face direct genetic manipulations. We will equally indicate the existing punitive loophole and that should be covered by the penal legislator. In conclusion, this essay concerns criminal policy, referred to the direct genetic manipulations on the human genome that haven't been typified in Venezuelan law, thus discovering a genetic biotechnology paradise.

  9. 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.

  10. Sexual consent: the criminal law in Europe and overseas.

    PubMed

    Graupner, H

    2000-10-01

    What role can the criminal law play in the battle against child sexual abuse? Should sexual relations of and with, persons under a certain age be criminalized regardless of the circumstances, even if they are consensual ("age of consent," "minimum age")? Where should such a minimum age-limit be fixed? Should there be a special, higher age-limit for particular conditions (e.g., "seduction," "corruption")? Should sexual contacts with minors within a relationship of authority be criminalized generally, or just if authority is abused? Should criminal proceedings be instituted ex officio or upon complaint only? Should authorities be provided with a power of discretion or should they be obliged to prosecute and sentence in each case? In answering these questions, it is highly beneficial to have a look across the borders to the solutions other countries have reached. This study presents an overview on the criminal law governing the sexual behavior of, and with, children and adolescents in all European jurisdictions and in selected jurisdictions outside of Europe. It shows which categories of offences exist and from which age onward young people can effectively consent to various kinds of sexual behavior and relations in the different countries. All states in Europe and all of the studied jurisdictions overseas have minimum age limits for sexual relations, and punish sexual relations with persons under a certain age. Nowhere is this age set lower than 12 years. In Europe, in one-half of the jurisdictions, consensual sexual relations with 14-year-old adolescents are legal; in three-quarters, with 15-year olds; in a majority, this is also the case when the older partner has started the relation (and also when the initiative contains an offer of remuneration). In nearly all jurisdictions, such relations are legal from age 16 onward. Most states apply a higher age limit for contacts in relationships of authority. If the authority is not misused, the age limit in most

  11. 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.

  12. 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. PMID:19254863

  13. 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

  14. Reflections on international medical law.

    PubMed

    Wattad, Mohammed S; Hrevtsova, Radmyla Yu

    2011-12-01

    Does international medical law exist, in the first place, as an independent area of study? If so, is it urgently required in an era of comparative studies? Namely, to what extent, if at all, international studies differ from comparative ones? Besides, what are the particular characteristics of such international discipline? Namely, what are the particular features of this field that elaborate on our legal and scientific understanding in sketching possible definition for this notion of "international medical law?" In addition, how does international medical law correlate with health, ethics and health policies in our globalized world? And finally, what are the challenges that might face the international community, once the concept of "international medical law" is acknowledged? This papers aims at establishing the conceptual grounds for these questions, thus calling for the acknowledgment of a new field of study described as "international medical law".

  15. International law and law enforcement firearms.

    PubMed

    Jussila, Jorma; Normia, Pertti

    2004-01-01

    Several international agreements set constraints on the legitimate use of firearms as representing lethal force. Their meaning in terms of weapons technology must take into account their operational frame of reference, and legitimate warfare can be regarded as a law enforcement operation with similar principles on the use of force. Changes in weapons technology, such as new types of ammunition, transforming firearms into weapons with less-lethal and even humanitarian options, require new interpretations of the legislation. A division into lethal and non-lethal weapons is an oversimplification and the separation of international humanitarian law into military and law enforcement provisions can be questioned from the technical aspect. The type of technology acceptable for law enforcement use of firearms should be defined. An assessment for weapon injury should not be based on lethality, but rather on the potential for tissue damage and its reversibility. PMID:15015547

  16. International law and law enforcement firearms.

    PubMed

    Jussila, Jorma; Normia, Pertti

    2004-01-01

    Several international agreements set constraints on the legitimate use of firearms as representing lethal force. Their meaning in terms of weapons technology must take into account their operational frame of reference, and legitimate warfare can be regarded as a law enforcement operation with similar principles on the use of force. Changes in weapons technology, such as new types of ammunition, transforming firearms into weapons with less-lethal and even humanitarian options, require new interpretations of the legislation. A division into lethal and non-lethal weapons is an oversimplification and the separation of international humanitarian law into military and law enforcement provisions can be questioned from the technical aspect. The type of technology acceptable for law enforcement use of firearms should be defined. An assessment for weapon injury should not be based on lethality, but rather on the potential for tissue damage and its reversibility.

  17. International law and communicable diseases.

    PubMed Central

    Aginam, Obijiofor

    2002-01-01

    Historically, international law has played a key role in global communicable disease surveillance. Throughout the nineteenth century, international law played a dominant role in harmonizing the inconsistent national quarantine regulations of European nation-states; facilitating the exchange of epidemiological information on infectious diseases; establishing international health organizations; and standardization of surveillance. Today, communicable diseases have continued to re-shape the boundaries of global health governance through legally binding and "soft-law" regimes negotiated and adopted within the mandate of multilateral institutions - the World Health Organization, the World Trade Organization, the Food and Agriculture Organization, and the Office International des Epizooties. The globalization of public health has employed international law as an indispensable tool in global health governance aimed at diminishing human vulnerability to the mortality and morbidity burdens of communicable diseases. PMID:12571722

  18. International law and communicable diseases.

    PubMed

    Aginam, Obijiofor

    2002-01-01

    Historically, international law has played a key role in global communicable disease surveillance. Throughout the nineteenth century, international law played a dominant role in harmonizing the inconsistent national quarantine regulations of European nation-states; facilitating the exchange of epidemiological information on infectious diseases; establishing international health organizations; and standardization of surveillance. Today, communicable diseases have continued to re-shape the boundaries of global health governance through legally binding and "soft-law" regimes negotiated and adopted within the mandate of multilateral institutions - the World Health Organization, the World Trade Organization, the Food and Agriculture Organization, and the Office International des Epizooties. The globalization of public health has employed international law as an indispensable tool in global health governance aimed at diminishing human vulnerability to the mortality and morbidity burdens of communicable diseases.

  19. International Megan's Law of 2009

    THOMAS, 111th Congress

    Rep. Smith, Christopher H. [R-NJ-4

    2009-03-19

    04/27/2009 Referred to the Subcommittee on Immigration, Citizenship, Refugees, Border Security, and International Law. (All Actions) Tracker: This bill has the status IntroducedHere are the steps for Status of Legislation:

  20. 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.

  1. Can neurological evidence help courts assess criminal responsibility? Lessons from law and neuroscience.

    PubMed

    Aharoni, Eyal; Funk, Chadd; Sinnott-Armstrong, Walter; Gazzaniga, Michael

    2008-03-01

    Can neurological evidence help courts assess criminal responsibility? To answer this question, we must first specify legal criteria for criminal responsibility and then ask how neurological findings can be used to determine whether particular defendants meet those criteria. Cognitive neuroscience may speak to at least two familiar conditions of criminal responsibility: intention and sanity. Functional neuroimaging studies in motor planning, awareness of actions, agency, social contract reasoning, and theory of mind, among others, have recently targeted a small assortment of brain networks thought to be instrumental in such determinations. Advances in each of these areas bring specificity to the problems underlying the application of neuroscience to criminal law.

  2. 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.

  3. 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.

  4. 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. PMID:23845165

  5. Mock Tribunal in Action: Mock International Criminal Tribunal for the Former Yugoslavia. 10th Grade Lesson. Schools of California Online Resources for Education (SCORE): Connecting California's Classrooms to the World.

    ERIC Educational Resources Information Center

    Fix, Terrance

    In this lesson, students role-play as members of the International Criminal Tribunal for the former Yugoslavia that will bring to trial "Persons Responsible for Serious Violations of International Humanitarian Law." Students represent the following groups: International Criminal Tribunal; Prosecution; Defense; Serbians; Croatians; Bosnian Muslims;…

  6. 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.

  7. 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…

  8. Cultural considerations in the criminal law: the sentencing process.

    PubMed

    Boehnlein, James K; Schaefer, Michele N; Bloom, Joseph D

    2005-01-01

    In forensic psychiatry, there is increasing recognition of the importance of culture and ethnicity in the criminal justice process as the population becomes more culturally diverse. However, there has been little consideration of the role of cultural factors in the trial process for criminal defendants, particularly in the sentencing phase of trial. Using a capital murder case study, this article explores the role of cultural forensic psychiatric consultation, focusing on the sentencing phase of trial as the place where the full scope and power of a cultural evaluation can be brought most effectively to the attention of the court. Cultural psychiatric perspectives can enrich a core forensic evaluation and be maximally helpful to the court, by exploring family dynamics and psychological health influenced by cultural history, immigrant and refugee experiences, and sociocultural environment. Specific recommendations and cautions for effective cultural consultation in forensic psychiatry are discussed.

  9. The Use of Phallometric Evidence in Canadian Criminal Law.

    PubMed

    Purcell, Michael S; Chandler, Jennifer A; Fedoroff, J Paul

    2015-06-01

    The use of phallometric evidence by Canadian criminal courts has steadily increased since the early 1980s. Phallometry was initially considered by courts to be a potentially useful tool in the determination of accused persons' culpability; however, its contemporary use is limited to the postconviction contexts of sentencing and dangerous and long-term offender applications, as one of several means of diagnosing offenders, determining recidivism risk, and assessing treatment prospects. We provide an overview and assessment of the use of phallometric evidence by Canadian criminal courts and conclude that its contemporary application appears to be consistent with the expert psychiatric consensus on its proper role and function in the forensic context. We further identify potential difficulties associated with the adequacy of offenders' consent and the occasional divergence of expert opinion about the reliability and validity of phallometry for diagnosis and risk assessment.

  10. 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. PMID:23781763

  11. 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.

  12. Mental Illness, Your Client and the Criminal Law: A Handbook for Attorneys Who Represent Persons with Mental Illness.

    ERIC Educational Resources Information Center

    2002

    This handbook for attorneys represents part of an effort to improve legal representation for criminal defendants with mental illness. The handbook was developed and reviewed by both mental health professionals and attorneys experienced in criminal and mental health law. However, it is not a comprehensive guide on mental health law or on how to…

  13. 50 CFR 404.12 - International law.

    Code of Federal Regulations, 2010 CFR

    2010-10-01

    ... 50 Wildlife and Fisheries 7 2010-10-01 2010-10-01 false International law. 404.12 Section 404.12... MARINE NATIONAL MONUMENT § 404.12 International law. These regulations shall be applied in accordance with international law. No restrictions shall apply to or be enforced against a person who is not...

  14. 50 CFR 404.12 - International law.

    Code of Federal Regulations, 2013 CFR

    2013-10-01

    ... 50 Wildlife and Fisheries 11 2013-10-01 2013-10-01 false International law. 404.12 Section 404.12... MARINE NATIONAL MONUMENT § 404.12 International law. These regulations shall be applied in accordance with international law. No restrictions shall apply to or be enforced against a person who is not...

  15. 50 CFR 665.936 - International law.

    Code of Federal Regulations, 2014 CFR

    2014-10-01

    ... 50 Wildlife and Fisheries 13 2014-10-01 2014-10-01 false International law. 665.936 Section 665... National Monument § 665.936 International law. The regulations in this subpart shall be applied in accordance with international law. No restrictions shall apply to or be enforced against a person who is...

  16. 50 CFR 665.906 - International law.

    Code of Federal Regulations, 2013 CFR

    2013-10-01

    ... 50 Wildlife and Fisheries 13 2013-10-01 2013-10-01 false International law. 665.906 Section 665... National Monument § 665.906 International law. The regulations in this subpart shall be applied in accordance with international law. No restrictions shall apply to or be enforced against a person who is...

  17. 50 CFR 665.906 - International law.

    Code of Federal Regulations, 2014 CFR

    2014-10-01

    ... 50 Wildlife and Fisheries 13 2014-10-01 2014-10-01 false International law. 665.906 Section 665... National Monument § 665.906 International law. The regulations in this subpart shall be applied in accordance with international law. No restrictions shall apply to or be enforced against a person who is...

  18. 50 CFR 404.12 - International law.

    Code of Federal Regulations, 2012 CFR

    2012-10-01

    ... 50 Wildlife and Fisheries 11 2012-10-01 2012-10-01 false International law. 404.12 Section 404.12... MARINE NATIONAL MONUMENT § 404.12 International law. These regulations shall be applied in accordance with international law. No restrictions shall apply to or be enforced against a person who is not...

  19. 50 CFR 665.936 - International law.

    Code of Federal Regulations, 2013 CFR

    2013-10-01

    ... 50 Wildlife and Fisheries 13 2013-10-01 2013-10-01 false International law. 665.936 Section 665... National Monument § 665.936 International law. The regulations in this subpart shall be applied in accordance with international law. No restrictions shall apply to or be enforced against a person who is...

  20. 50 CFR 404.12 - International law.

    Code of Federal Regulations, 2014 CFR

    2014-10-01

    ... 50 Wildlife and Fisheries 11 2014-10-01 2014-10-01 false International law. 404.12 Section 404.12... MONUMENT § 404.12 International law. These regulations shall be applied in accordance with international law. No restrictions shall apply to or be enforced against a person who is not a citizen, national,...

  1. 50 CFR 404.12 - International law.

    Code of Federal Regulations, 2011 CFR

    2011-10-01

    ... 50 Wildlife and Fisheries 9 2011-10-01 2011-10-01 false International law. 404.12 Section 404.12... MARINE NATIONAL MONUMENT § 404.12 International law. These regulations shall be applied in accordance with international law. No restrictions shall apply to or be enforced against a person who is not...

  2. Why Catholic Universities Should Engage International Law

    ERIC Educational Resources Information Center

    George, William P.

    2008-01-01

    This article argues that Catholic universities should vigorously engage international law for at least three reasons. First, international law is an indispensible dialogue partner for Catholic Social Teaching (CST). Since CST belongs in Catholic higher education, so too does international law. Second, in numerous ways and on a global scale,…

  3. 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. PMID:25032236

  4. 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.

  5. 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

  6. 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.

  7. The criminal liability of the mental patient in Jewish law (Halacha).

    PubMed

    Fraenkel, Y; Durst, R; Ginath, Y

    1993-01-01

    The legal status of the mentally impaired has been dealt with in Halachic literature since the third century. This article presents four Halachic viewpoints regarding the exemption of the mentally ill patient from legal responsibility in tort and criminal law: lack of mental awareness; lack of free will; lack of judgment; categorial personal status. Halachic legislations with regard to the liability of the insane predate the criteria as applied by modern psychiatry. The similarities between the Halachic and contemporary medicolegal approaches are presented.

  8. 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.

  9. Globalization, international law, and emerging infectious diseases.

    PubMed Central

    Fidler, D. P.

    1996-01-01

    The global nature of the threat posed by new and reemerging infectious diseases will require international cooperation in identifying, controlling, and preventing these diseases. Because of this need for international cooperation, international law will certainly play a role in the global strategy for the control of emerging diseases. Recognizing this fact, the World Health Organization has already proposed revising the International Health Regulations. This article examines some basic problems that the global campaign against emerging infectious diseases might face in applying international law to facilitate international cooperation. The international legal component of the global control strategy for these diseases needs careful attention because of problems inherent in international law, especially as it applies to emerging infections issues. PMID:8903206

  10. INTERNATIONAL LAW: HINDRANCE OR HELP?

    EPA Science Inventory

    As international Remote Sensing/Geographic Information Systems (RS/GIS)
    organizations develop, legal issues are becoming an important factor in promoting or limiting international cooperation. We must keep legal considerations in mind during the creation, implementation, and ...

  11. SETI and International Radio Law

    NASA Astrophysics Data System (ADS)

    Lyall, F.

    2010-04-01

    The use of radio in SETI is subject to international rules agreed through the International Telecommunication Union. These are summarised. An opportunity for their revision will arise in 2012. Suggestions may be made.

  12. 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

  13. International environmental law and global public health.

    PubMed Central

    Schirnding, Yasmin von; Onzivu, William; Adede, Andronico O.

    2002-01-01

    The environment continues to be a source of ill-health for many people, particularly in developing countries. International environmental law offers a viable strategy for enhancing public health through the promotion of increased awareness of the linkages between health and environment, mobilization of technical and financial resources, strengthening of research and monitoring, enforcement of health-related standards, and promotion of global cooperation. An enhanced capacity to utilize international environmental law could lead to significant worldwide gains in public health. PMID:12571726

  14. International environmental law and global public health.

    PubMed

    Schirnding, Yasmin von; Onzivu, William; Adede, Andronico O

    2002-01-01

    The environment continues to be a source of ill-health for many people, particularly in developing countries. International environmental law offers a viable strategy for enhancing public health through the promotion of increased awareness of the linkages between health and environment, mobilization of technical and financial resources, strengthening of research and monitoring, enforcement of health-related standards, and promotion of global cooperation. An enhanced capacity to utilize international environmental law could lead to significant worldwide gains in public health.

  15. 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.

  16. A Logical Model of Private International Law

    NASA Astrophysics Data System (ADS)

    Dung, Phan Minh; Sartor, Giovanni

    We provide a logical analysis of private international law, the body of law establishing when courts of a country should decide a case (jurisdiction) and what legal system they should apply to this purpose (choice of law). A formal model of the resulting interaction among multiple legal systems is proposed based on modular argumentation. It is argued that this model may be useful for understanding this rather esoteric, but increasingly important, domain of the law. Moreover, it might be useful for modelling the way in which interactions between heterogeneous agents, belonging to different and differently regulated virtual societies, can be governed without recourse to a central regulatory agency.

  17. Keeping confidence: HIV and the criminal law from HIV service providers’ perspectives

    PubMed Central

    Dodds, Catherine; Weait, Matthew; Bourne, Adam; Egede, Siri

    2015-01-01

    We present qualitative research findings about how perceptions of criminal prosecutions for the transmission of HIV interact with the provision of high-quality HIV health and social care in England and Wales. Seven focus groups were undertaken with a total of 75 diverse professionals working in clinical and community-based services for people with HIV. Participants’ understanding of the law in this area was varied, with many knowing the basic requirements for a prosecution, yet lacking confidence in the best way to communicate key details with those using their service. Prosecutions for HIV transmission have influenced, and in some instances, disrupted the provision of HIV services, creating ambivalence and concern among many providers about their new role as providers of legal information. The way that participants approached the topic with service users was influenced by their personal views on individual and shared responsibility for health, their concerns about professional liability and their degree of trust in non-coercive health promotion approaches to managing public health. These findings reveal an underlying ambivalence among many providers about how they regard the interface between criminal law, coercion and public health. It is also apparent that in most HIV service environments, meaningful exploration of practical ethical issues is relatively rare. The data presented here will additionally be of use to managers and providers of HIV services in order that they can provide consistent and confident support and advice to people with HIV. PMID:26692653

  18. [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

  19. Precautionary principle in international law.

    PubMed

    Saladin, C

    2000-01-01

    The deregulatory nature of trade rules frequently brings them into conflict with the precautionary principle. These rules dominate debate over the content and legal status of the precautionary principle at the international level. The World Trade Organization (WTO), because of its power in settling disputes, is a key player. Many States are concerned to define the precautionary principle consistent with WTO rules, which generally means defining it as simply a component of risk analysis. At the same time, many States, especially environmental and public health policymakers, see the principle as the legal basis for preserving domestic and public health measures in the face of deregulatory pressures from the WTO. The precautionary principle has begun to acquire greater content and to move into the operative articles of legally binding international agreements. It is important to continue this trend.

  20. Canadian consensus statement on HIV and its transmission in the context of criminal law

    PubMed Central

    Loutfy, Mona; Tyndall, Mark; Baril, Jean-Guy; Montaner, Julio SG; Kaul, Rupert; Hankins, Catherine

    2014-01-01

    INTRODUCTION: A poor appreciation of the science related to HIV contributes to an overly broad use of the criminal law against individuals living with HIV in cases of HIV nondisclosure. METHOD: To promote an evidence-informed application of the law in Canada, a team of six Canadian medical experts on HIV and transmission led the development of a consensus statement on HIV sexual transmission, HIV transmission associated with biting and spitting, and the natural history of HIV infection. The statement is based on a literature review of the most recent and relevant scientific evidence (current as of December 2013) regarding HIV and its transmission. It has been endorsed by >70 additional Canadian HIV experts and the Association of Medical Microbiology and Infectious Disease Canada. RESULTS: Scientific and medical evidence clearly indicate that HIV is difficult to transmit during sex. For the purpose of informing the justice system, the per-act possibility of HIV transmission through sex, biting or spitting is described along a continuum from low possibility, to negligible possibility, to no possibility of transmission. This possibility takes into account the impact of factors such as the type of sexual acts, condom use, antiretroviral therapy and viral load. Dramatic advances in HIV therapy have transformed HIV infection into a chronic manageable condition. DISCUSSION: HIV physicians and scientists have a professional and ethical responsibility to assist those in the criminal justice system to understand and interpret the science regarding HIV. This is critical to prevent miscarriage of justice and to remove unnecessary barriers to evidence-based HIV prevention strategies. PMID:25285108

  1. 50 CFR 665.966 - International law.

    Code of Federal Regulations, 2014 CFR

    2014-10-01

    ... 50 Wildlife and Fisheries 13 2014-10-01 2014-10-01 false International law. 665.966 Section 665.966 Wildlife and Fisheries FISHERY CONSERVATION AND MANAGEMENT, NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION, DEPARTMENT OF COMMERCE (CONTINUED) FISHERIES IN THE WESTERN PACIFIC Rose Atoll Marine...

  2. 50 CFR 665.966 - International law.

    Code of Federal Regulations, 2013 CFR

    2013-10-01

    ... 50 Wildlife and Fisheries 13 2013-10-01 2013-10-01 false International law. 665.966 Section 665.966 Wildlife and Fisheries FISHERY CONSERVATION AND MANAGEMENT, NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION, DEPARTMENT OF COMMERCE (CONTINUED) FISHERIES IN THE WESTERN PACIFIC Rose Atoll Marine...

  3. Integrating International Business Law Concepts into a High School Business Law Course.

    ERIC Educational Resources Information Center

    Golden, Cathleen J.; McDonald, Michael L.

    1998-01-01

    Outlines international business content for a high school business law curriculum: history of international business law, World Trade Organization, international disputes, contracts and sales, financing/banking, currency, taxation, intellectual property, transportation, and multinational corporations. Considers whether to teach international…

  4. 32 CFR 700.705 - Observance of international law.

    Code of Federal Regulations, 2010 CFR

    2010-07-01

    ... 32 National Defense 5 2010-07-01 2010-07-01 false Observance of international law. 700.705 Section... Other Commanders Titles and Duties of Commanders § 700.705 Observance of international law. At all times, commanders shall observe, and require their commands to observe, the principles of international law....

  5. 32 CFR 700.705 - Observance of international law.

    Code of Federal Regulations, 2014 CFR

    2014-07-01

    ... 32 National Defense 5 2014-07-01 2014-07-01 false Observance of international law. 700.705 Section... Other Commanders Titles and Duties of Commanders § 700.705 Observance of international law. At all times, commanders shall observe, and require their commands to observe, the principles of international law....

  6. 32 CFR 700.705 - Observance of international law.

    Code of Federal Regulations, 2012 CFR

    2012-07-01

    ... 32 National Defense 5 2012-07-01 2012-07-01 false Observance of international law. 700.705 Section... Other Commanders Titles and Duties of Commanders § 700.705 Observance of international law. At all times, commanders shall observe, and require their commands to observe, the principles of international law....

  7. 32 CFR 700.705 - Observance of international law.

    Code of Federal Regulations, 2013 CFR

    2013-07-01

    ... 32 National Defense 5 2013-07-01 2013-07-01 false Observance of international law. 700.705 Section... Other Commanders Titles and Duties of Commanders § 700.705 Observance of international law. At all times, commanders shall observe, and require their commands to observe, the principles of international law....

  8. 32 CFR 700.705 - Observance of international law.

    Code of Federal Regulations, 2011 CFR

    2011-07-01

    ... 32 National Defense 5 2011-07-01 2011-07-01 false Observance of international law. 700.705 Section... Other Commanders Titles and Duties of Commanders § 700.705 Observance of international law. At all times, commanders shall observe, and require their commands to observe, the principles of international law....

  9. Toward international law on global warming

    SciTech Connect

    Shultz, E.B. Jr.; Johns, C.; Pauken, M.T. )

    1991-01-01

    Legal precedent in the history of international environmental law is considered. Then, the legal principles, rights and obligations related to transboundary environmental interference are drawn from the precedent. From this legal and historical background, and a brief overview of the principal technical aspects of the emerging global warming problem, the authors suggest a number of possible international protocols. These include outlines of multilateral treaties on energy efficiency, reduction in utilization of coal, increased adoption efficiency, reduction in utilization of coal, increased adoption of renewable and solar energy, and stimulation of several types of forestation, with creation of practical regimes and remedies. Each protocol has its own environmental social and economic merits and urgency, apart from the prevention of global warming. In each suggested protocol, the political obstacles are analyzed. Suggestions are presented for reduction of levels of disagreement standing in the way of obtaining viable treaties likely to be upheld in practice by the signatories. An agenda for study and action is presented, on the assumption that prudence dictates that international environmental law must be expanded as soon as feasible to regulate global warming.

  10. Space Law

    NASA Astrophysics Data System (ADS)

    Hermida, Julian

    2006-01-01

    This chapter examines the salient characteristics of Space Law. It analyzes the origins and evolution of Space Law, its main international principles, and some current topics of interest to the scientific community: the delimitation of airspace and outer space, intellectual property, and criminal responsibility.

  11. Developments in international/European health law.

    PubMed

    Abbing, Henriette D C Roscam

    2009-03-01

    International (European) organizations have impact on health law. The most recent developments are: a revision of the world Medical's Association Declaration of Helsinki, a proposal for a Directive (European Commission) on standards of quality and safety of human organs intended for transplantation, accompanied by a ten point action plan; a proposal (European Commission) for a Directive on the application of patients' rights in cross-border health care; a proposal (European commission) for a Directive on information to the general public on medicinal products subject to medical prescription. PMID:19353913

  12. International Telecommunication Control: International Law and the Ordering of Satellite and Other Forms of International Broadcasting.

    ERIC Educational Resources Information Center

    Smith, Delbert D.

    The need for and the available alternatives for international telecommunication controls are examined, and a functional approach to this area of law is offered. Information from a number of areas is collected and examined as it relates to the basic problem. These areas include general principles of international law, the activities of the…

  13. 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

  14. Emerging trends in international law concerning global infectious disease control.

    PubMed

    Fidler, David P

    2003-03-01

    International cooperation has become critical in controlling infectious diseases. In this article, I examine emerging trends in international law concerning global infectious disease control. The role of international law in horizontal and vertical governance responses to infectious disease control is conceptualized; the historical development of international law regarding infectious diseases is described; and important shifts in how states, international institutions, and nonstate organizations use international law in the context of infectious disease control today are analyzed. The growing importance of international trade law and the development of global governance mechanisms, most prominently in connection with increasing access to drugs and other medicines in unindustrialized countries, are emphasized. Traditional international legal approaches to infectious disease control--embodied in the International Health Regulations--may be moribund.

  15. Comparability of Degrees and Diplomas in International Law.

    ERIC Educational Resources Information Center

    Dupuy, Rene Jean; Tunkin, Gregory

    University exchanges, as well as the high degree of mobility that is a feature of certain professions, demand a system of international equivalences of degrees. This study deals with degrees in international law, and includes under this term: (1) public international law, defined as the body of rules that apply to states and others subject to…

  16. Forensic psychiatry and the birth of the criminal insane asylum in modern Italy.

    PubMed

    Gibson, Mary

    2014-01-01

    This paper focuses on the creation of the criminal insane asylum in Italy between unification in 1861 and World War I. The establishment of criminal insane asylums was a triumph of the positivist criminology of Cesare Lombroso, who advocated for an institution to intern insane criminals in his classic work, Criminal Man (1876). As a context for the analysis of the birth of the criminal insane asylum in Italy, this essay also outlines the history of the insanity plea in Italian criminal law and the young discipline of psychiatry during the fifty years after Italian unification.

  17. Forensic psychiatry and the birth of the criminal insane asylum in modern Italy.

    PubMed

    Gibson, Mary

    2014-01-01

    This paper focuses on the creation of the criminal insane asylum in Italy between unification in 1861 and World War I. The establishment of criminal insane asylums was a triumph of the positivist criminology of Cesare Lombroso, who advocated for an institution to intern insane criminals in his classic work, Criminal Man (1876). As a context for the analysis of the birth of the criminal insane asylum in Italy, this essay also outlines the history of the insanity plea in Italian criminal law and the young discipline of psychiatry during the fifty years after Italian unification. PMID:24210450

  18. Violation of International Law on Paranal

    NASA Astrophysics Data System (ADS)

    1995-03-01

    Yesterday, 30 March 1995 at 12:40 h Chilean time, a Chilean court official, Mr. Javier Jimenez, Receptor Indicial, accompanied by Chilean Carabinieros, forced an entry to the premises of ESO on Cerro Paranal without permission of ESO and without agreement between the Chilean Government and ESO, although warned that this act was in violation of the status of ESO as an international organization on the basis of the 1963 Convention and subsequent agreements between the Government of Chile and ESO. This action was taken on the basis of a decision by the Supreme Court in Chile on 28 March 1995 to enforce a previous court decision taken on 20 March 1995 in Antofagasta, applying a work stoppage for the VLT (Very Large Telescope) Observatory on Paranal and to assess the present state of constructions, any further construction work to be destroyed at the cost of ESO. This action is a very serious and unprecedented event in the relations between an international organization and its host state. It has occurred notwithstanding the fact that ESO had repeatedly requested the Chilean Government to ensure that the immunities of ESO be respected and had received assurances that the Government of Chile supported the ESO position. This includes the following points: first that the privileges and immunities granted to ESO by the 1963 Convention extend to the entire territory of Chile, second that the donation of the Paranal site by the Chilean Government to ESO in 1988, had been done in accordance with the rules of international law and under the condition that the construction of the VLT Observatory should be initiated within 5 years. This act raises to a new level the quality of the harassment to its activities in Chile, which ESO has experienced in the past year and will result in substantial financial damage to the VLT project. In view of the seriousness of the situation the President of the ESO Council, Dr. Peter Creola, in consultation with the Director General of ESO, Prof

  19. International developments in abortion laws: 1977-88.

    PubMed Central

    Cook, R J; Dickens, B M

    1988-01-01

    During the period between 1977 and the first quarter of 1988, 35 countries liberalized their abortion laws and four countries limited grounds for the procedure. Most legislation has extended abortion eligibility through traditional indications such as danger to maternal health or fetal handicap, but a number of other indications have been created such as adolescence, advanced maternal age, family circumstances, and AIDS or HIV infection. A number of countries have redesigned their abortion laws as part of a comprehensive package to facilitate access to and delivery of contraception, voluntary sterilization, and abortion services. Abortion litigation has increased and stimulated the liberalization of abortion provisions and the support of women's autonomous choice within the law. In Canada, the entire criminal prohibition of abortion was held unconstitutional for violating women's integrity and security. In contrast, Latin American and other constitutional developments may limit legal abortion to instances of danger to women's lives. PMID:3048126

  20. 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.

  1. 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. PMID:24145062

  2. 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.

  3. The Relative Ineffectiveness of Criminal Network Disruption

    NASA Astrophysics Data System (ADS)

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

    2014-02-01

    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.

  4. 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

  5. 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.

  6. Law & psychiatry: Assisting people in recovery who have criminal records to reach their employment goals.

    PubMed

    Haimowitz, Stephan; Rio, John

    2014-04-01

    Working, a goal of most people in recovery from mental disorders, can be impeded by legal exclusions and by employers' rejections based on an applicant's criminal record. This column describes established tools that can partially lower these barriers and recent legal developments that provide additional strategies, in particular the Equal Employment Opportunity Commission's Enforcement Guidance. These developments address the permissible use of arrest and conviction information in employment contexts, focusing on individualized consideration of specific factors, including rehabilitation. The authors also suggest strategies for job interview preparation that, when combined with job retention planning, can improve clients' prospects of achieving their employment goals.

  7. The history and role of the criminal law in anti-FGM campaigns: Is the criminal law what is needed, at least in countries like Great Britain?

    PubMed

    Berer, Marge

    2015-11-01

    The history of campaigns against female genital mutilation (FGM) began in the 1920s. From the beginning, it was recognised that FGM was considered an important rite of passage between childhood and adulthood for girls, based on the importance of controlling female sexuality to maintain chastity and family honour, and to make girls marriageable. How to separate the "cut" from these deeply held norms is a question not yet adequately answered, yet I believe the answer is key to stopping the practice. Since the 1994 ICPD, national and international action against FGM has grown and resolutions have been passed in global forums which define FGM as a form of violence and a violation of children's human rights. These resolutions have contributed to building consensus against FGM and developing national legislation criminalising FGM. Prosecutions or arrests involving FGM have been reported in several African countries and Great Britain, but apart from France, there have been very few. This paper summarises this history and how FGM has been criminalised. It argues that criminalisation may not be the best means of stopping FGM, but can have serious harmful effects itself. It calls for community-led educational information and more support for dialogue within FGM-practising communities, and argues that what is important is addressing the sexual and reproductive health consequences of FGM and gaining the understanding of women who have experienced it and their families as to why they should not make their daughters and grand-daughters go through it too.

  8. 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.

  9. Who is an astronaut? The inadequacy of current international law

    NASA Astrophysics Data System (ADS)

    Lyall, F.

    2010-06-01

    The concept of 'astronaut' as found in law in the 'space treaties' and elsewhere does not fit well with the modern proposals for commercial space tourism. Will the 'rescue and return' provisions apply to commercial flights? Many national laws will apply to space tourism but for the future the international legal regime should be reconsidered. Finally what may happen in a crisis in space?

  10. International Environmental Law and Biochemistry: An Innovative Teaching Opportunity.

    ERIC Educational Resources Information Center

    Candlish, John

    1998-01-01

    Explores the ties between international environmental law and biochemistry with respect to genetically modified organisms, biodiversity, marine pollution, cancer biology, and pesticide contamination of food. Contains 30 references. (DDR)

  11. International Comparison of Age Discrimination Laws.

    PubMed

    Lahey, Joanna N

    2010-11-01

    European age discrimination legislation is discussed in the context of the US Age Discrimination in Employment Act (ADEA) and related state laws. US law was originally introduced to protect productive older workers from age stereotypes, but more recently preventing age discrimination has become important as a means of keeping costs down on entitlement programs as the population ages. Changes in enforcement, penalties, exemptions, length of time to file, and burden of proof have changed the effects of the laws over time. The ADEA has had both positive effects on currently employed older workers and negative effects on the hiring of older workers. Enforcement and publicity are offered as possible explanations for the strength of these positive and negative effects. Age discrimination legislation in Europe, indicated in the Framework Directive 2000/78, is driven by economic and political considerations. European legislation calls for less enforcement and more exemptions than the corresponding US cases which could lead to smaller effects on employment. However, pensions, disability, unemployment, and social security potentially have a stronger effect on social norms for retirement age than does anti-discrimination legislation.

  12. International Comparison of Age Discrimination Laws

    PubMed Central

    Lahey, Joanna N.

    2014-01-01

    European age discrimination legislation is discussed in the context of the US Age Discrimination in Employment Act (ADEA) and related state laws. US law was originally introduced to protect productive older workers from age stereotypes, but more recently preventing age discrimination has become important as a means of keeping costs down on entitlement programs as the population ages. Changes in enforcement, penalties, exemptions, length of time to file, and burden of proof have changed the effects of the laws over time. The ADEA has had both positive effects on currently employed older workers and negative effects on the hiring of older workers. Enforcement and publicity are offered as possible explanations for the strength of these positive and negative effects. Age discrimination legislation in Europe, indicated in the Framework Directive 2000/78, is driven by economic and political considerations. European legislation calls for less enforcement and more exemptions than the corresponding US cases which could lead to smaller effects on employment. However, pensions, disability, unemployment, and social security potentially have a stronger effect on social norms for retirement age than does anti-discrimination legislation. PMID:25197154

  13. The United Nations: the embarrassment of international law.

    PubMed

    Halliday, Denis J

    2002-01-01

    The United Nations should be working towards an international community living in peace under the aegis of international law. Although progress was made in its early years, notably in decolonization, with its membership increased from 50 to 189, major inequalities remain between its nations and their peoples. The Security Council, and in particular its five permanent members (P5), has been guilty of double standards in enforcing international law. Investment should create prosperity and not increase demand for arms. Independent oversight of the UN, and particularly the Security Council, by civil society is needed. If the legitimacy of the UN is to be restored, the Security Council should become more representative, the power of the General Assembly should be restored and the role of the International Court of Justice should be increased. All members of the UN, especially the PS, must respect international law as enshrined in the UN Charter and Conventions.

  14. Space Law and International Claimant Rights

    NASA Astrophysics Data System (ADS)

    Neumann, D. C.; Trach, N.; Mardon, A. A.

    2016-09-01

    The presentation undergoes an exploration of all current frameworks and ideas regarding the distribution of space among humanity. It concludes with the suggestion of a separate international council to amalgamate human effort for sustainable travel.

  15. 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.

  16. The Anthropocene - and International Law of the Holocene

    NASA Astrophysics Data System (ADS)

    Vidas, D.

    2012-12-01

    Scientists are increasingly voicing a new concern: that the Earth may be undergoing a shift from the most recent known geological epoch, the Holocene (the latest 11,700 years, which have been characterized by relative environmental stability - a factor significant for the development of human civilization), to a new one - the Anthropocene (Zalasiewicz et al., 2010). In 2009, the Anthropocene Working Group was established within the International Commission on Stratigraphy in order to examine the stratigraphic basis for the term 'Anthropocene' and to consider the justification for its possible formalization as the most recent geological time unit. Formal change of the Geological Time Scale due to recognition of the Anthropocene as a new epoch in the geological history of our planet could critically raise awareness and highlight the magnitude of the human impact on the Earth System, prompting fundamental reflection on today's social structures. Important questions may arise about the sustainability of certain aspects of current International Law - a system of rules resting on foundations that evolved under the circumstances of the Holocene, assumed to be ever-lasting. Core challenges for International Law may now be on the horizon. Certain segments of international law, such as the Law of the Sea, involve causal links (historical and ideological) with the development towards the Anthropocene (Vidas, 2011). Other aspects, such as human rights, may gain in prominence and acquire new dimensions - all likely to require fundamental re-examination of accepted perspectives of International Law. The Law of the Sea - a branch of international law that applies to around 71 percent of the Earth's surface area - received its current framework in the near-universal 1982 United Nations Convention on the Law of the Sea (162 parties as of 1 July 2012), which in turn built on some four centuries of development. In our times, however, a thorough re-examination of the Law of the Sea

  17. Postcode Criminals

    ERIC Educational Resources Information Center

    Hiett, Sandra; Kushner, Joann

    2013-01-01

    Postcode Criminals was the second phase of an international participatory community arts project challenging negative stereotypes of urban youth. Concerned with the impact of zero tolerance community policing strategies in the UK and USA, artists Joann Kushner and Dread Scott developed an art-based project with a social justice agenda. To give…

  18. The importance of domestic law to international arms control

    SciTech Connect

    Lehman, R.F. II

    1993-11-01

    Studies of arms control and disarmament tend to focus on political, military, and diplomatic processes. Recently, in the context of the conversion of defense activities to civilian use, the economic aspects of arms control have also received renewed interest. The legal dimension, however, is in need of fresh examination. Both international and domestic law are sailing increasingly in uncharted waters. Recent arms control agreements and related developments in international peacekeeping have expanded the scope of international law and altered how one perceives certain fundamentals, including the principle of national sovereignty. Still, the nation state is largely unchallenged as the primary actor in international affairs. National governments retain near absolute sovereign rights and responsibilities even in an age of trans-national economic integration and codified international norms for human rights, freedom of the press, and the peaceful resolution of disputes. Indeed, the role of domestic law in arms control and disarmament may be more significant now than ever before. A brief review of relationships between arms control and domestic law should illustrate ways in which ones thinking has been underestimating the importance of domestic law. Hopefully, this survey will set the stage properly for the excellent, more detailed case studies by Elinor Hammarskjold and Alan Crawford. Toward that end, this paper will highlight a number of more general, and sometimes provocative, themes. These themes should be kept in mind when those two complementary presentations are considered.

  19. First Law for fields with Internal Gauge Freedom

    NASA Astrophysics Data System (ADS)

    Prabhu, Kartik

    2016-03-01

    We extend the analysis of Iyer and Wald to derive the First Law of blackhole mechanics in the presence of fields charged under an `internal gauge group'. We treat diffeomorphisms and gauge transformations in a unified way by formulating the theory on a principal bundle. The first law then relates the energy and angular momentum at infinity to a potential times charge term at the horizon. The gravitational potential and charge give a notion of temperature and entropy respectively.

  20. International biomedical law in search for its normative status.

    PubMed

    Krajewska, Atina

    2012-01-01

    The broad and multifaceted problem of global health law and global health governance has been attracting increasing attention in the last few decades. The global community has failed to establish international legal regime that deals comprehensively with the 'technological revolution'. The latter has posed complex questions to regions of the world with widely differing cultural perspectives. At the same time, an increasing number of governmental and non-state actors have become significantly involved in the sector. They use legal, political, and other forms of decision-making that result in regulatory instruments of contrasting normative status. Law created in this heterogeneous environment has been said to be fragmented, inconsistent, and exacerbating uncertainties. Therefore, claims have been made that a centralised and institutionalised system would help address the problems of transparency, legitimacy and efficiency. Nevertheless, little scholarly consideration is paid to the normative status of international biomedical law. This paper explores whether formalisation and "constitutionalisation" of biomedical law are indeed inevitable for its establishment as a separate regulatory regime. It does so by analysing the proliferation of biomedical law in light of two the theory of fragmentation and the theory of global legal pluralism. Investigating the problem in this way helps determine the theoretical framework and methodology of future studies of biomedical law at the international level. This in turn should help its future development in a more consistent and harmonised manner.

  1. International law, human rights and HIV/AIDS.

    PubMed Central

    Patterson, David; London, Leslie

    2002-01-01

    This article explores the relevance of international human rights law in the response to the HIV/AIDS epidemic at national and international levels. Public health advocates can use arguments based on this body of law to promote responses to HIV/AIDS that reflect sound public health principles and documented best practice. Development assistance is increasingly linked to rights-based approaches, such as participatory processes, and strategic alliances between health professionals, organizations of people living with HIV/AIDS, and affected communities. Legal and human rights advocacy strategies are increasingly productive and necessary. PMID:12571725

  2. International Law: Working for Peace and Justice to Preserve Your Rights.

    ERIC Educational Resources Information Center

    Duvall, Donald K.

    1983-01-01

    The rules and principles of international law developed as people of different nations interacted with one another. The need for international law has never been greater than it is today. Ten traditional categories of international law serve as the focus for educating students and adults about international law. (AM)

  3. [Effect of criminal justice on civil rights apprehension].

    PubMed

    Deutsch, E

    1998-10-01

    Private law and criminal law are different in more than one way. On occasion, they overlap. Further liability may result from disregard of a criminal act. As far as the evidence is concerned, criminal law requires a higher degree of probability than private law. If the same case is subject to criminal and civil proceedings, both courts are not bound by each other's decisions.

  4. Gross human rights violations and reparation under international law: approaching rehabilitation as a form of reparation

    PubMed Central

    Sveaass, Nora

    2013-01-01

    The strengthening of international criminal law through an increased focus on the right to reparation and rehabilitation for victims of crimes against humanity represents an important challenge to health professionals, particularly to those in the field of trauma research and treatment. A brief outline of some developments in the field of international law and justice for victims of gross human rights violations is presented, with a focus on the right to reparation including the means for rehabilitation. The fulfillment of this right is a complex endeavor which raises many questions. The road to justice and reparation for those whose rights have been brutally violated is long and burdensome. The active presence of trauma-informed health professionals in this process is a priority. Some of the issues raised within the context of states’ obligations to provide and ensure redress and rehabilitation to those subjected to torture and gross human rights violations are discussed, and in particular how rehabilitation can be understood and responded to by health professionals. PMID:23671765

  5. Gross human rights violations and reparation under international law: approaching rehabilitation as a form of reparation.

    PubMed

    Sveaass, Nora

    2013-01-01

    The strengthening of international criminal law through an increased focus on the right to reparation and rehabilitation for victims of crimes against humanity represents an important challenge to health professionals, particularly to those in the field of trauma research and treatment. A brief outline of some developments in the field of international law and justice for victims of gross human rights violations is presented, with a focus on the right to reparation including the means for rehabilitation. The fulfillment of this right is a complex endeavor which raises many questions. The road to justice and reparation for those whose rights have been brutally violated is long and burdensome. The active presence of trauma-informed health professionals in this process is a priority. Some of the issues raised within the context of states' obligations to provide and ensure redress and rehabilitation to those subjected to torture and gross human rights violations are discussed, and in particular how rehabilitation can be understood and responded to by health professionals.

  6. Influenza virus samples, international law, and global health diplomacy.

    PubMed

    Fidler, David P

    2008-01-01

    Indonesia's decision to withhold samples of avian influenza virus A (H5N1) from the World Health Organization for much of 2007 caused a crisis in global health. The World Health Assembly produced a resolution to try to address the crisis at its May 2007 meeting. I examine how the parties to this controversy used international law in framing and negotiating the dispute. Specifically, I analyze Indonesia's use of the international legal principle of sovereignty and its appeal to rules on the protection of biological and genetic resources found in the Convention on Biological Diversity. In addition, I consider how the International Health Regulations 2005 applied to the controversy. The incident involving Indonesia's actions with virus samples illustrates both the importance and the limitations of international law in global health diplomacy.

  7. Influenza Virus Samples, International Law, and Global Health Diplomacy

    PubMed Central

    2008-01-01

    Indonesia’s decision to withhold samples of avian influenza virus A (H5N1) from the World Health Organization for much of 2007 caused a crisis in global health. The World Health Assembly produced a resolution to try to address the crisis at its May 2007 meeting. I examine how the parties to this controversy used international law in framing and negotiating the dispute. Specifically, I analyze Indonesia’s use of the international legal principle of sovereignty and its appeal to rules on the protection of biological and genetic resources found in the Convention on Biological Diversity. In addition, I consider how the International Health Regulations 2005 applied to the controversy. The incident involving Indonesia’s actions with virus samples illustrates both the importance and the limitations of international law in global health diplomacy. PMID:18258086

  8. An Interdisciplinary Approach to Teaching International Law: Using the Tools of the Law School Classroom in Political Science

    ERIC Educational Resources Information Center

    Zartner, Dana

    2009-01-01

    As the world has grown more interconnected, many political science programs have added courses on international law, international organizations, the laws of war and peace, international human rights, and comparative judicial politics. While in many cases these are relatively new offerings within international studies, all of these subjects have…

  9. Effects of prices, civil and criminal sanctions, and law enforcement on alcohol-related mortality.

    PubMed

    Sloan, F A; Reilly, B A; Schenzler, C

    1994-07-01

    Alcohol use has been linked to several causes of death. This study provides an empirical analysis of the effects of various public policies on mortality rates by state and year for the years 1982-88. Causes of death analyzed are: alcohol primary cause; traffic accident; homicides; suicides; falls, fires and other accidents; and contributory cause deaths (cancers of the alimentary tract). We find that increasing the price of alcohol decreases mortality rates for some of the causes, but not for primary cause deaths. Higher excise taxes on cigarettes reduce contributory cause mortality. Dram shop laws have negative and statistically significant effects not only on mortality rates from traffic accidents, but for several of the other causes. There is a need for further analysis to determine how these reductions are achieved. We find no evidence that imposing mandatory minimum jail terms, fines or license revocation for a DUI conviction affects alcohol-related mortality. However, increased police protection decreases mortality rates for several categories, especially homicides and traffic accidents. We find that imposing the death penalty reduces homicide rates. Reductions in alcohol-related mortality may be achieved by implementing a mix of public policies. No single policy is a panacea.

  10. After Cologne: male circumcision and the law. Parental right, religious liberty or criminal assault?

    PubMed

    Merkel, Reinhard; Putzke, Holm

    2013-07-01

    Non-therapeutic circumcision violates boys' right to bodily integrity as well as to self-determination. There is neither any verifiable medical advantage connected with the intervention nor is it painless nor without significant risks. Possible negative consequences for the psychosexual development of circumcised boys (due to substantial loss of highly erogenous tissue) have not yet been sufficiently explored, but appear to ensue in a significant number of cases. According to standard legal criteria, these considerations would normally entail that the operation be deemed an 'impermissible risk'-neither justifiable on grounds of parental rights nor of religious liberty: as with any other freedom right, these end where another person's body begins. Nevertheless, after a resounding decision by a Cologne district court that non-therapeutic circumcision constitutes bodily assault, the German legislature responded by enacting a new statute expressly designed to permit male circumcision even outside of medical settings. We first criticise the normative foundations upon which such a legal concession seems to rest, and then analyse two major flaws in the new German law which we consider emblematic of the difficulty that any legal attempt to protect medically irrelevant genital cutting is bound to face.

  11. The Content of International Law Courses in Departments of Political Science: Some Comments. [Revised].

    ERIC Educational Resources Information Center

    Stevis, Dimitris

    This paper discusses international law's nature and role and suggests that it can be studied from a number of different perspectives. The major topics include: (1) internationally relevant domestic law; (2) the relationship of law to justice; (3) international law's status and legitimacy; (4) the rights of governments, corporations, and…

  12. New Monograph on Marine Science and International Law

    NASA Astrophysics Data System (ADS)

    The International Marine Science Cooperation Program at the Woods Hole Oceanographic Institution (Woods Hole, Mass.) announces its second publication, Marine Scientific Research Boundaries and the Law of the Sea: Discussion and Inventory of National Claims by David A. Ross and Therese A. Landry. The document is in two parts. The first section describes research boundaries and discusses specific articles of the Law of the Sea Treaty that bear on marine scientific research, while the second section is an inventory of the maritime claims by 139 countries.

  13. Effects of alcohol on the offender's sanity-Issues of criminal law and psychiatry in light of findings of research.

    PubMed

    Golonka, Anna Danuta

    2016-01-01

    The present report is the result of research on the causes of insanity or issuing opinions about the causes of insanity or diminished sanity perpetrators in criminal proceedings conducted in Poland (CEE). Research has shown the impact that has, in fact, use or abuse of alcohol and other alcoholic diseases on the status of the accused in criminal proceedings. This publication presents not only the results but also the basic regulations - valid in Poland and in other European countries - with respect to the responsibility of the perpetrators insane, with diminished sanity and being in a state of inebriation at the time of committing a criminal act.

  14. Effects of alcohol on the offender's sanity-Issues of criminal law and psychiatry in light of findings of research.

    PubMed

    Golonka, Anna Danuta

    2016-01-01

    The present report is the result of research on the causes of insanity or issuing opinions about the causes of insanity or diminished sanity perpetrators in criminal proceedings conducted in Poland (CEE). Research has shown the impact that has, in fact, use or abuse of alcohol and other alcoholic diseases on the status of the accused in criminal proceedings. This publication presents not only the results but also the basic regulations - valid in Poland and in other European countries - with respect to the responsibility of the perpetrators insane, with diminished sanity and being in a state of inebriation at the time of committing a criminal act. PMID:27086845

  15. [Wounds from modern small arms and international humanitarian law].

    PubMed

    Dyskin, E A; Ozeretskovskiĭ, V L; Popov, M; Tiurin, M V

    1992-01-01

    The article cites the concept, basic standards and principles of international humane law concerning the banning or restriction of some types of conventional weapons. The authors describe international methods for appreciation of destructive effects of wounding missiles. On the basis of literature and their own experiments the authors make a conclusion that actually it would be impossible to formulate a straight definition between "human" and "inhumane" bullets, as well as to establish a criterion which could determine the admissible or inadmissible limits for gunshot injuries. PMID:1570694

  16. Implementation of Intellectual Property Law on the International Space Station

    NASA Astrophysics Data System (ADS)

    Mannix, John G.

    2002-01-01

    Because of the importance of intellectual property rights to the private sector, NASA has developed a reference guide to assist business leaders in understanding how the Intellectual Property Articles of the 1998 Intergovernmental Agreement on the International Space Station will be implemented. This reference guide discusses the statutory, regulatory and programmatic strictures on the deployment, utilization and ownership of intellectual property within the Space Station program. This guide presents an analysis of the intellectual property law aspects of the international agreements and documents pertaining to the International Space Station, and then relates them to NASA's authorities for entering into research and development agreements with private entities. This paper will discuss the reference guide and should aid potential agreement participants in understanding the legal environment for entering into agreements with NASA to fly research and development payloads on the International Space Station.

  17. Taking older people's rights seriously: the role of international law.

    PubMed

    Tang, Kwong-leung

    2008-01-01

    Older people face many difficult challenges that amount to a deplorable violation of their basic human rights (poverty, discrimination, denial of social services, etc.). However, the world has been slow to react. Factors that limit global responses to the challenges of aging include: limited political will, the prevalence of neo-liberalism, and NGOs' longstanding advocacy for other seemingly "more" disadvantaged groups. Such oppression of and discrimination against older people require a concerted world-wide response. We contend that the introduction of an international convention on the human rights of older people is most relevant. Reinforced by a potent international monitoring system, the convention should contain comprehensive and legally binding provisions that require participating states to promote older people's rights. It is argued that international law would be a powerful force in defending and protecting older persons, operating as a baseline for establishing underlying values for national aging policies and linking older persons' concerns with other segments of society. PMID:18198162

  18. Taking older people's rights seriously: the role of international law.

    PubMed

    Tang, Kwong-leung

    2008-01-01

    Older people face many difficult challenges that amount to a deplorable violation of their basic human rights (poverty, discrimination, denial of social services, etc.). However, the world has been slow to react. Factors that limit global responses to the challenges of aging include: limited political will, the prevalence of neo-liberalism, and NGOs' longstanding advocacy for other seemingly "more" disadvantaged groups. Such oppression of and discrimination against older people require a concerted world-wide response. We contend that the introduction of an international convention on the human rights of older people is most relevant. Reinforced by a potent international monitoring system, the convention should contain comprehensive and legally binding provisions that require participating states to promote older people's rights. It is argued that international law would be a powerful force in defending and protecting older persons, operating as a baseline for establishing underlying values for national aging policies and linking older persons' concerns with other segments of society.

  19. International law implications of the detection of extraterrestrial intelligent signals

    NASA Astrophysics Data System (ADS)

    Kopal, Vladimir

    This paper first considers whether the present law of outer space, as it has been enshrined in five United Nations treaties and other legal documents concerning outer space, provides a satisfactory basis for SETI/CETI activities. In the author's opinion, these activities may serve "the common interest of all mankind in the progress of the exploration and use of outer space for peaceful purposes," as recognized in the 1967 Outer Space Treaty. The use of the radio frequency spectrum for SETI/CETI purposes should be in conformity with the legal principles governing this valuable natural resource, as expressed in the International Telecommunication Convention and related documents, and with allocations of the relevant segments of the spectrum by the competent bodies of the International Telecommunication Union. In the second part the author examines the impact that the detection of extraterrestrial intelligent signals may have on the present body of space law. A possible role for the United Nations in this respect is also explored and a timely interest of the world body in discussing questions relating to this subject is recommended. Consideration of these questions could become a tool helping to concentrate the attention of the world community on problems of common concern and thus to strengthen international cooperation. However, the author believes that a law-making process that would aim at elaborating a special regulation of activities in this field would be premature at this stage. It should be initiated only when the boundary between possibilities and realities is crossed. Finally, the paper outlines some likely transformation in our space law thinking that would be the consequence of the detection of extraterrestrial intelligent signals. Elaboration of the principles and norms to govern relations between the international community of our own planet and other intelligent communities in the universe would add a new dimension to the present body of outer space

  20. Crime and Criminal Law as a Theme in Education. Paper on the Starting Points, Objectives, and Teaching Matter of a Series of Lessons Called "Crime and Criminal Law," as a Theme for the School Subject of Social and Political Studies.

    ERIC Educational Resources Information Center

    Hooghoff, Hans

    This series of lessons is intended to help high school students in the Netherlands consider how they look at, react to, and judge criminal events. The first part of the publication discusses different teaching approaches used in the lessons. These include: (1) a business analysis--study of the organization and structure of the criminal…

  1. International law, public health, and the meanings of pharmaceuticalization.

    PubMed

    Cloatre, Emilie; Pickersgill, Martyn

    2014-10-01

    Recent social science scholarship has employed the term "pharmaceuticalization" in analyses of the production, circulation and use of drugs. In this paper, we seek to open up further discussion of the scope, limits and potential of this as an analytical device through consideration of the role of law and legal processes in directing pharmaceutical flows. To do so, we synthesize a range of empirical and conceptual work concerned with the relationships between access to medicines and intellectual property law. This paper suggests that alongside documenting the expansion or reduction in demand for particular drugs, analysts of pharmaceuticalization attend to the ways in which socio-legal developments change (or not) the identities of drugs, and the means through which they circulate and come to be used by states and citizens. Such scholarship has the potential to more precisely locate the biopolitical processes that shape international agendas and targets, form markets, and produce health.

  2. International law, public health, and the meanings of pharmaceuticalization

    PubMed Central

    Cloatre, Emilie; Pickersgill, Martyn

    2014-01-01

    Recent social science scholarship has employed the term “pharmaceuticalization” in analyses of the production, circulation and use of drugs. In this paper, we seek to open up further discussion of the scope, limits and potential of this as an analytical device through consideration of the role of law and legal processes in directing pharmaceutical flows. To do so, we synthesize a range of empirical and conceptual work concerned with the relationships between access to medicines and intellectual property law. This paper suggests that alongside documenting the expansion or reduction in demand for particular drugs, analysts of pharmaceuticalization attend to the ways in which socio-legal developments change (or not) the identities of drugs, and the means through which they circulate and come to be used by states and citizens. Such scholarship has the potential to more precisely locate the biopolitical processes that shape international agendas and targets, form markets, and produce health. PMID:25431535

  3. 27 CFR 479.191 - Applicability of other provisions of internal revenue laws.

    Code of Federal Regulations, 2010 CFR

    2010-04-01

    ... 27 Alcohol, Tobacco Products and Firearms 3 2010-04-01 2010-04-01 false Applicability of other provisions of internal revenue laws. 479.191 Section 479.191 Alcohol, Tobacco Products, and Firearms BUREAU... other provisions of internal revenue laws. All of the provisions of the internal revenue laws...

  4. [Penrose's law: reality or fiction? Mental health system and the size of prison population - international overview].

    PubMed

    Kalapos, Miklós Péter

    2009-07-12

    According to the Penrose's law, outlined on the basis of a comparative study of European statistics, there is an inverse relationship between the number of psychiatric beds and prison population. Based on international data, interrelationship among prison, asylum, psychiatric disease and criminal action are investigated in the present study, paying particular attention to the event of deinstitutionalization. Prevalence of mental and addictive diseases as well as psychological disturbances in prison is characterized by epidemiological data. As proposed by Penrose, an inverse relationship between the number of psychiatric beds and prison population can be observed in Hungary, too. To get a deeper insight into the mainstream of the events, economic, sociological, philosophical, as well as therapeutic aspects initializing deinstitutionalization are highlighted in the course of analysis. On the basis of data, it can be assumed that members the same population are confined to both systems. The author arrives at the conclusion that deinstitutionalization has in fact led to trans-institutionalization, because of, on one hand, the limited capacity of community treatment facilities; on the other hand, the community treatment itself cannot provide adequate treatment options to those suffering from severe, chronic mental diseases or comorbid states. In addition, the rate of financial support and the methods for prevention and treatment are insufficient to protect patients from the effects of revolving door.

  5. 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.

  6. 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. PMID:25377376

  7. The role of science in international trade law.

    PubMed

    Lugard, Maurits; Smart, Michael

    2006-02-01

    While the General Agreement on Tariffs and Trade addressed overt barriers to international trade, the current focus of international trade rules has shifted to less obvious, but in many cases no less restrictive, barriers to trade, such as protectionist measures adopted under the guise of health and safety standards. The new agreements established under the World Trade Organization ("WTO"), including the Agreement on the Application of Sanitary and Phytosanitary Measures ("SPS Agreement"), the Agreement on Technical Barriers to Trade ("TBT Agreement"), provide important tools that can be invoked by governments and used by stakeholders to address regulatory barriers that were once thought outside the purview of international trade rules. Non-science based regulations can be and have been successfully challenged under the SPS and TBT Agreements, which prohibit WTO Members from maintaining laws or regulations that adversely affect trade unless such measures are scientifically justified. Stakeholders should use to the fullest extent possible international trade rules to eliminate non-science based regulations that adversely affect trade in the goods that they produce.

  8. A case law survey of the Personality Assessment Inventory: examining its role in civil and criminal trials.

    PubMed

    Mullen, Kacy L; Edens, John F

    2008-05-01

    Although professional surveys suggest that the Personality Assessment Inventory (PAI; Morey, 1991) is a popular instrument among forensic and correctional psychologists, relatively little is known about the specific types of legal cases in which it is applied, the particular types of questions it is used to address, or the extent to which its admissibility has been at issue in court cases. Using a comprehensive legal database, we surveyed all published U.S., Canadian, European, and Australian criminal and civil cases in which the PAI was administered. The PAI appears to be introduced by examiners in a wide variety of civil (e.g., child custody, personal injury) and criminal (e.g., insanity, competence) cases to aid in the assessment of a broad range of psychopathology. Additionally, the PAI seems to be used frequently to assess questions concerning potential dissimulation and response styles. Surprisingly, the admissibility of the PAI into evidence was never at issue in any of the cases reviewed.

  9. 75 FR 32532 - Notice of Meeting of the Advisory Committee on International Law

    Federal Register 2010, 2011, 2012, 2013, 2014

    2010-06-08

    ... of Meeting of the Advisory Committee on 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 (Michael K. Young Faculty Conference Center, 5th Floor), 2000...

  10. 76 FR 72023 - Notice of Meeting of the Advisory Committee on International Law

    Federal Register 2010, 2011, 2012, 2013, 2014

    2011-11-21

    ... of Meeting of the Advisory Committee on International Law A meeting of the Advisory Committee on International Law will take place on Thursday, December 8, 2011, from 9:30 a.m. to approximately 5:30 p.m., at the George Washington University Law School (Michael K. Young Faculty Conference Center, 5th...

  11. 78 FR 70392 - Notice of Meeting of Advisory Committee on International Law

    Federal Register 2010, 2011, 2012, 2013, 2014

    2013-11-25

    ... of Meeting of Advisory Committee on International Law A meeting of the Department of State's Advisory Committee on International Law will take place on Friday, December 13, 2013, from 9:00 a.m. to approximately 2:30 p.m. at the George Washington University Law School (Frederick Lawrence Student...

  12. 76 FR 30229 - Notice of Meeting of the Advisory Committee on International Law

    Federal Register 2010, 2011, 2012, 2013, 2014

    2011-05-24

    ... of Meeting of the Advisory Committee on International Law A meeting of the Advisory Committee on International Law will take place on Monday, June 6, 2011, from 9:30 a.m. to approximately 5:30 p.m., at the George Washington University Law School (Michael K. Young Faculty Conference Center, 5th Floor), 2000...

  13. 75 FR 70961 - Notice of Meeting of the Advisory Committee on International Law

    Federal Register 2010, 2011, 2012, 2013, 2014

    2010-11-19

    ... From the Federal Register Online via the Government Publishing Office DEPARTMENT OF STATE Notice of Meeting of the Advisory Committee on International Law A meeting of the Advisory Committee on International Law will take place on Thursday, December 9, 2010, from 9:30 a.m. to approximately 5:30 p.m., at the George Washington University Law...

  14. 77 FR 32168 - Notice of Meeting of Advisory Committee on International Law

    Federal Register 2010, 2011, 2012, 2013, 2014

    2012-05-31

    ... From the Federal Register Online via the Government Publishing Office DEPARTMENT OF STATE Notice of Meeting of Advisory Committee on International Law A meeting of the Advisory Committee on International Law will take place on Wednesday, June 13, 2012, from 9:30 a.m. to approximately 5:30 p.m., at the George Washington University Law School...

  15. 77 FR 71028 - Notice of Meeting of Advisory Committee on International Law

    Federal Register 2010, 2011, 2012, 2013, 2014

    2012-11-28

    ... From the Federal Register Online via the Government Publishing Office DEPARTMENT OF STATE Notice of Meeting of Advisory Committee on International Law A meeting of the Advisory Committee on International Law will take place on Friday December 14, from 9:30 a.m. to approximately 5:30 p.m., at the George Washington University Law School...

  16. Criminal Justice Education: Investigation of Retention, Self-Efficacy, and Teaching Style in College Based versus Law Enforcement Academies

    ERIC Educational Resources Information Center

    Drummond, Frank J.

    2009-01-01

    The purpose of this study was to investigate measures of retention, self-efficacy, and teaching style in a college based law enforcement program versus an agency based law enforcement academy on the west coast through survey methods. A total of 35 law enforcement based academy instructors (i.e., Modesto) and 30 college based academy instructors…

  17. Emerging Trends in International Law Concerning Global Infectious Disease Control1

    PubMed Central

    2003-01-01

    International cooperation has become critical in controlling infectious diseases. In this article, I examine emerging trends in international law concerning global infectious disease control. The role of international law in horizontal and vertical governance responses to infectious disease control is conceptualized; the historical development of international law regarding infectious diseases is described; and important shifts in how states, international institutions, and nonstate organizations use international law in the context of infectious disease control today are analyzed. The growing importance of international trade law and the development of global governance mechanisms, most prominently in connection with increasing access to drugs and other medicines in unindustrialized countries, are emphasized. Traditional international legal approaches to infectious disease control—embodied in the International Health Regulations—may be moribund. PMID:12643821

  18. International developments in abortion law from 1988 to 1998.

    PubMed Central

    Cook, R J; Dickens, B M; Bliss, L E

    1999-01-01

    OBJECTIVES: In 2 successive decades since 1967, legal accommodation of abortion has grown in many countries. The objective of this study was to assess whether liberalizing trends have been maintained in the last decade and whether increased protection of women's human rights has influenced legal reform. METHODS: A worldwide review was conducted of legislation and judicial rulings affecting abortion, and legal reforms were measured against governmental commitments made under international human rights treaties and at United Nations conferences. RESULTS: Since 1987, 26 jurisdictions have extended grounds for lawful abortion, and 4 countries have restricted grounds. Additional limits on access to legal abortion services include restrictions on funding of services, mandatory counseling and reflection delay requirements, third-party authorizations, and blockades of abortion clinics. CONCLUSIONS: Progressive liberalization has moved abortion laws from a focus on punishment toward concern with women's health and welfare and with their human rights. However, widespread maternal mortality and morbidity show that reform must be accompanied by accessible abortion services and improved contraceptive care and information. PMID:10191808

  19. [Alcohol and criminal behavior].

    PubMed

    Arzt, G

    1990-05-01

    The topic 'alcohol and crime' has several aspects. This article shows how drug administration is based on a complex network of legal provisions and is enforced by criminal law sanctions. As to crimes influenced by alcohol, drunken driving is by far the most important and best researched field. Next, the article turns to the role of alcohol with regard to severe common crimes such as murder or child abuse. Finally, the issue of drunkenness as a defence is raised and the treatment of alcoholics as a criminal law sanction discussed.

  20. Global governance, international health law and WHO: looking towards the future.

    PubMed Central

    Taylor, Allyn L.

    2002-01-01

    The evolving domain of international health law encompasses increasingly diverse and complex concerns. Commentators agree that health development in the twenty-first century is likely to expand the use of conventional international law to create a framework for coordination and cooperation among states in an increasingly interdependent world. This article examines the forces and factors behind the emerging expansion of conventional international health law as an important tool for present and future multilateral cooperation. It considers challenges to effective international health cooperation posed for intergovernmental organizations and other actors involved in lawmaking. Although full consolidation of all aspects of future international health lawmaking under the auspices of a single international organization is unworkable and undesirable, the World Health Organization (WHO) should endeavour to serve as a coordinator, catalyst and, where appropriate, platform for future health law codification. Such leadership by WHO could enhance coordination, coherence and implementation of international health law policy. PMID:12571727

  1. 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.

  2. Euthanasia and international human rights law: prolegomena for an international debate.

    PubMed

    Van den Akker, B; Janssens, R M; Ten Have, H A

    1997-10-01

    In this paper we examine in what respects international human rights law can provide a basis for the establishment of an international debate on euthanasia. Such a debate seems imperative, as in many countries euthanasia is considered taboo in the context of medical practice, yet at the same time, supposedly, decisions are taken to intentionally shorten patients' lives. In the Netherlands, the act of euthanasia will not lead to the prosecution of the physician involved if the physician has complied with certain procedures. The Dutch debate centres on procedures marginalizing important moral aspects of euthanasia. An international debate, addressing the fundamental morality of euthanasia and of other medical decisions involving the end of life, will eventually enhance medical practice in the Netherlands as well as in other countries.

  3. 76 FR 18134 - Rewards and Awards for Information Relating to Violations of Internal Revenue Laws; Hearing

    Federal Register 2010, 2011, 2012, 2013, 2014

    2011-04-01

    ..., January 18, 2011 (76 FR 2852). Persons, who wish to present oral comments at the hearing that submitted... Violations of Internal Revenue Laws; Hearing AGENCY: Internal Revenue Service (IRS), Treasury. ACTION:...

  4. Current issues of international law on offshore abandonment, with special reference to the United Kingdom

    SciTech Connect

    Gao, Zhiguo

    1997-11-01

    This article attempts to provide an up-to-date overview of the recent developments of international law on offshore abandonment. It scrutinizes the current issues and debates on the subject at both international and national levels, with special reference to the legislation and practice in the United Kingdom. Through a study of the current issues and trends in international law and policy developments, the articles undertakes to provide, where possible, practical considerations as to the possible resolution of some of the prominent problems faced by the international community in general, and some member states in particular. The future direction of international abandonment law also is briefly outlined.

  5. 78 FR 34702 - Notice of Meeting of Advisory Committee on International Law

    Federal Register 2010, 2011, 2012, 2013, 2014

    2013-06-10

    ... From the Federal Register Online via the Government Publishing Office DEPARTMENT OF STATE Notice of Meeting of Advisory Committee on International Law A meeting of the Department of State's Advisory Committee on International Law will take place on Monday, June 24, 2013, from 9:30 a.m. to approximately 5:30 p.m., at the George...

  6. 78 FR 18415 - Notice of Amendment to the Advisory Committee on International Law Charter

    Federal Register 2010, 2011, 2012, 2013, 2014

    2013-03-26

    ... From the Federal Register Online via the Government Publishing Office DEPARTMENT OF STATE Notice of Amendment to the Advisory Committee on International Law Charter The Department of State has amended the Charter of the Advisory Committee on International Law to add three additional membership positions. The Committee is comprised of all...

  7. International law and human rights: trends concerning international migrants and refugees.

    PubMed

    Goodwin-gill, G S

    1989-01-01

    Not with standing human rights linkages, migrants and refugees are often on the periphery of effective international protection. State sovereignty and self-regarding notions of community are used to deny or dilute substantive and procedural guarantees. Recently, even non- discrimination as a fundamental principle has been questioned, as has the system of refugee protection. This article located both migrants and refugees squarely within the human rights context, contrasting both inalienable rights with the demands of sovereignty, and juxtaposing the 2 in a context of existing and developing international standards. Migration and refugee flows will go on, and the developed world, in particular, must address the consequences - legal, humanitarian, socioeconomic, and cultural. Racism and institutional denials of basic rights daily challenge the common interest. This article shows how the law must evolve, responding coherently to contemporary problems, if the structure of rights and freedoms is to be maintained.

  8. 33 CFR 1.07-95 - Civil and criminal penalties.

    Code of Federal Regulations, 2010 CFR

    2010-07-01

    ... 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... 33 Navigation and Navigable Waters 1 2010-07-01 2010-07-01 false Civil and criminal penalties....

  9. The Role of International Law: Formulating International Legal Instruments and Creating International Institutions.

    ERIC Educational Resources Information Center

    Szasz, Paul C.

    1991-01-01

    Using as a basis the threat of climatic change resulting from global warming, this article considers the functions that might be assigned to an international regime. For each function individually and collectively, the instruments and institutions that would be required for the various processes are examined. (SLD)

  10. 77 FR 530 - Department of State Advisory Committee on Private International Law: Notice of Renewal of Charter

    Federal Register 2010, 2011, 2012, 2013, 2014

    2012-01-05

    ... Department of State Advisory Committee on Private International Law: Notice of Renewal of Charter The Charter of the Department of State's Advisory Committee on Private International Law has been renewed... domestic and international developments in private international law; provides a means for state, local...

  11. Criminal Careers and Cognitive Scripts: An Investigation into Criminal Versatility

    ERIC Educational Resources Information Center

    Gavin, Helen; Hockey, David

    2010-01-01

    "Criminal careers" denotes ways in which offenders develop specialisms and versatility, but studies linking delinquency to social skills deficits have not attempted to explore cognitive, internalised processes by which such "careers" might be chosen. This study investigated criminal minds via script theory: "internal" scripts are used to guide…

  12. 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.

  13. The Anthropocene and the international law of the sea.

    PubMed

    Vidas, Davor

    2011-03-13

    The current law of the sea provides a framework for various specific issues, but is incapable of responding adequately to the overall challenges facing humankind, now conceivably already living in the Anthropocene. The linkages between the development of the law of the sea and the current process towards formal recognition of an Anthropocene epoch are twofold. First, there is a linkage of origin. The ideological foundations of the law of the sea facilitated the emergence of forces that were to lead to the Industrial Revolution and, eventually, to levels of development entailing ever-greater human impacts on the Earth System. Second, there are linkages in interaction. Geological information has prompted key developments in the law of the sea since the introduction of the continental shelf concept in the mid-twentieth century. With the formalization of the Anthropocene epoch, geology might again act as a trigger for new developments needed in the law of the sea. This article explores those two aspects of linkages and examines prospects for further development of the law of the sea framework, through concepts such as the responsibility for the seas as well as those related to new approaches to global sustainability such as the 'planetary boundaries'.

  14. Drug-associated psychoses and criminal responsibility.

    PubMed

    Carroll, Andrew; McSherry, Bernadette; Wood, Debra; Yannoulidis, Steven

    2008-01-01

    At present, the law draws a distinction when assigning criminal responsibility to those who commit offences while experiencing psychotic symptoms: if the symptoms are believed to arise because of ingesting drugs (an external cause), the offender is generally convicted of the offence; if the symptoms arise from a mental illness (an internal cause), the offender may be afforded a defence of insanity. In practice, drawing such a distinction can be problematic. There are difficulties for example in determining criminal responsibility when the use of drugs is followed by the emergence of a psychotic illness process that then continues to have an independent existence even in the absence of the ongoing substance use. This article analyses legal, policy, and expert witness perspectives relating to liberal, conservative, and intermediate approaches to this problematic area of jurisprudence.

  15. The Status of Multilateral Space Agreements in International and U.S. Domestic Law

    NASA Astrophysics Data System (ADS)

    Gantt, J. B.

    2002-01-01

    This paper will address the status of international agreements (e.g., the International Space Station IGA) and space agency-to-space agency MOUs in international law. Where the United States (U.S.) is a party, under U.S. domestic law, this paper will consider the extent to which such documents may be enforceable as a matter of law and why. Where this is not the case, the paper will consider whether and to what extent future such agreements should be drafted with that intent in mind.

  16. International organizations and space law: their role and contributions. Proceedings.

    NASA Astrophysics Data System (ADS)

    Harris, R. A.

    1999-06-01

    The following topics were dealt with: international organizations participating in space activities (ESA, EUTELSAT, EUMETSAT, INTERSPUTNIK); international organizations engaged in space regulatory, policy-making and related activities (UN, ICAO, WIPO, ITU); problems arising from privatisation of international space organizations (IMMARSAT, INTELSAT, EUTELSAT); contributions through international treaties and agreements; contribution in the main sectors of space activity: living and working in space transportation systems, Earth observation, telecommunications and navigation.

  17. 77 FR 58606 - U.S. Department of State Advisory Committee on Private International Law (ACPIL): Notice of...

    Federal Register 2010, 2011, 2012, 2013, 2014

    2012-09-21

    ... Study Group on Choice of Law in International Commercial Contracts The Office of the Assistant Legal... Study Group on Choice of Law in International Commercial Contracts. A working group of experts from...- binding principles relevant to the choice of law in international commercial contracts. The...

  18. 76 FR 51119 - U.S. Department of State Advisory Committee on Private International Law: Notice of Annual Meeting

    Federal Register 2010, 2011, 2012, 2013, 2014

    2011-08-17

    .... Department of State Advisory Committee on Private International Law: Notice of Annual Meeting The Department of State's Advisory Committee on Private International Law (ACPIL) will hold its annual meeting on developments in private international law on Thursday, September 22 and Friday, September 23, 2011,...

  19. 77 FR 52784 - U.S. Department of State Advisory Committee on Private International Law: Notice of Annual Meeting

    Federal Register 2010, 2011, 2012, 2013, 2014

    2012-08-30

    ... From the Federal Register Online via the Government Publishing Office DEPARTMENT OF STATE U.S. Department of State Advisory Committee on Private International Law: Notice of Annual Meeting The Department of State's Advisory Committee on Private International Law (ACPIL) will hold its annual meeting on developments in private international law...

  20. Evaluating Implementation of the International Classification of Functioning, Disability and Health in Portugal's Special Education Law

    ERIC Educational Resources Information Center

    Sanches-Ferreira, Manuela; Simeonsson, Rune J.; Silveira-Maia, Mónica; Alves, Sílvia

    2015-01-01

    This paper reports the results of a national two-year project, commissioned by the Portuguese Ministry of Education, to investigate the implementation of the International Classification of Functioning, Disability and Health (ICF) under Decree-Law 3/2008. The Decree-Law also introduced the principle that the documentation of students' functioning…

  1. 19 CFR 147.22 - Compliance with the internal revenue laws and Federal Alcohol Administration Act.

    Code of Federal Regulations, 2010 CFR

    2010-04-01

    ... 19 Customs Duties 2 2010-04-01 2010-04-01 false Compliance with the internal revenue laws and Federal Alcohol Administration Act. 147.22 Section 147.22 Customs Duties U.S. CUSTOMS AND BORDER PROTECTION, DEPARTMENT OF HOMELAND SECURITY; DEPARTMENT OF THE TREASURY (CONTINUED) TRADE FAIRS Requirements of Other Laws § 147.22 Compliance with...

  2. 77 FR 32167 - Notice of Renewal of Advisory Committee on International Law Charter

    Federal Register 2010, 2011, 2012, 2013, 2014

    2012-05-31

    ... Theodore P. Kill, Executive Director, Advisory Committee on International Law, Department of State, at 202-776-8344 or killtp@state.gov . Dated: May 23, 2012. Theodore P. Kill, Attorney Advisor, Office...

  3. 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

  4. International law gives states right to jam foreign radio broadcasts

    NASA Astrophysics Data System (ADS)

    Timofeyeva, G.

    1984-02-01

    A series of documents was adopted by the UN and UNESCO emphasizing attention on the need to use the mass information media in the interest of peace, detente, development of international cooperation and against the arms race. The role of jamming foreign broadcasts as an aid to maintaining internal order was discussed.

  5. [FROM THE LAW "RELATED TO ABNORMAL AND HABITUAL OFFENDERS" TO THE LAW OF INTERNMENT OF PERSONS WITH MENTAL DISORDERS"].

    PubMed

    Garcet, S

    2015-12-01

    The Belgian forensic system for offenders with mental disorders is organized according to a principle of social defense. It is characterized, on the one hand, by the protection of the society and neutralization of risks and, on the other hand, by the requirements of mental care for the internee. The evolution of the legal framework from the 1930 law related to "abnormal and habitual offenders" to the law about "internment of persons with mental disorder" voted in 2014 reflects the vicissitudes born of the tension between these two pillars. In this difficult balance between medical and judicial issues, although published, but not yet effective, the 2014 version of the law is, in many ways, a positive development in the integration of internees and their needs. PMID:26867310

  6. [FROM THE LAW "RELATED TO ABNORMAL AND HABITUAL OFFENDERS" TO THE LAW OF INTERNMENT OF PERSONS WITH MENTAL DISORDERS"].

    PubMed

    Garcet, S

    2015-12-01

    The Belgian forensic system for offenders with mental disorders is organized according to a principle of social defense. It is characterized, on the one hand, by the protection of the society and neutralization of risks and, on the other hand, by the requirements of mental care for the internee. The evolution of the legal framework from the 1930 law related to "abnormal and habitual offenders" to the law about "internment of persons with mental disorder" voted in 2014 reflects the vicissitudes born of the tension between these two pillars. In this difficult balance between medical and judicial issues, although published, but not yet effective, the 2014 version of the law is, in many ways, a positive development in the integration of internees and their needs.

  7. Risk analysis and the law: international law, the World Trade Organization, Codex Alimentarius and national legislation.

    PubMed

    Horton, L R

    2001-12-01

    This paper discusses the place of risk analysis in international trade from a US perspective, through looking at the activities of the World Trade Organization and the Codex Alimentarius Commission. After examining what the trade agreements say about risk analysis and how international bodies are advancing and using risk analysis, the paper goes on to assess how risk analysis is used at a national level. Finally, recommendations are made for strengthening international food safety initiatives.

  8. 76 FR 6369 - Rewards and Awards for Information Relating to Violations of Internal Revenue Laws

    Federal Register 2010, 2011, 2012, 2013, 2014

    2011-02-04

    ... From the Federal Register Online via the Government Publishing Office DEPARTMENT OF THE TREASURY Internal Revenue Service 26 CFR Part 301 RIN 1545-BJ89 Rewards and Awards for Information Relating to Violations of Internal Revenue Laws Correction In proposed rule document 2011-928 appearing on pages...

  9. Russian-English Glossary of International Maritime Law Terms (and Selected Terms in Related Disciplines.)

    ERIC Educational Resources Information Center

    Naval Intelligence Support Center, Washington, DC.

    This glossary contains over 750 terms encountered in international maritime law texts. It includes terms of the art, fairly common abbreviations, geographic names, and prepositional phrases routinely encountered in international treaties, conventions, and agreements. The prepositional phrases are recorded exactly as they appear in formal texts.…

  10. Hidden Contradictions and Conditionality: Conceptualisations of Inclusive Education in International Human Rights Law

    ERIC Educational Resources Information Center

    Byrne, Bronagh

    2013-01-01

    The nature of education that children with disabilities should receive has been subject to much debate. This article critically assesses the ways in which the international human rights framework has conceptualised "inclusive education". It argues that the right to education for children with disabilities in international law is…

  11. Teaching International Business Law: A Liberal Arts Perspective

    ERIC Educational Resources Information Center

    MacDonald, Diane B.; Ramaglia, Judith A.

    2004-01-01

    Integrating the liberal arts perspective in the study of international commerce allows students to examine the human side of doing business outside the U.S. and stimulates the imagination by exploring the contributions made to business practices by other cultures. This approach is one way to enrich the student learning experience and to make the…

  12. A decade of international change in abortion law: 1967-1977.

    PubMed Central

    Cook, R J; Dickens, B M

    1978-01-01

    Modern thinking on abortion, reflected in recent legal developments around the world, has turned from concentration upon criminality in favor of female and family well-being. New laws enacted during the last decade are coming to focus upon conditions of health and social welfare of women and their existing families as indications for lawful termination of pregnancy. Regulations governing the delivery of services may be restrictive, however, so as to limit in practice access to means of safe, legal abortion made available in theory. Requirements may be imposed that only medical personnel with unduly high qualifications perform procedures, or that they be undertaken only in institutions meeting standards higher than similar health care requires. Approval procedures may be established involving second medical opinions or committees to monitor observance of the law, which may delay abortions and therefore increase their hazards. Parental and spousal consent requirements may exist in addition with the same effects, or to veto a pregnant female's request. Regulations may be employed more positively, however, to encourage contraceptive practice. A disappointment with legislative reform is that it may fail to improve circumstances if public resources are not applied to achieve the supply of services newly rendered legitimate, and illegal practice may persist. PMID:665881

  13. Voluntary intoxication and criminal responsibility.

    PubMed

    Marlowe, D B; Lambert, J B; Thompson, R G

    1999-01-01

    This paper reviews the law related to voluntary intoxication and criminal responsibility in the 50 United States, the District of Columbia, the US Virgin islands, and Puerto Rico. Statutory and case law citations are provided which govern the use of intoxication evidence in each jurisdiction to negate mens rea (i.e., to establish diminished capacity), to support an insanity defense, and to mitigate criminal sentencing. Factors that courts typically focus on when deciding whether to admit this evidence in a particular case are discussed, and these factors are related to clinically relevant criteria.

  14. 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.

  15. 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…

  16. Breaking into Careers in Criminal Justice.

    ERIC Educational Resources Information Center

    De Lucia, Robert C.

    1993-01-01

    Contends that young people's image of career in criminal justice field has been shaped by entertainment media and does not nearly match real thing. Describes reality of career in criminal justice and discusses how to prepare for such a career. Examines numerous career tracks in law enforcement, corrections, courts, forensic science, and private…

  17. Neurons compute internal models of the physical laws of motion.

    PubMed

    Angelaki, Dora E; Shaikh, Aasef G; Green, Andrea M; Dickman, J David

    2004-07-29

    A critical step in self-motion perception and spatial awareness is the integration of motion cues from multiple sensory organs that individually do not provide an accurate representation of the physical world. One of the best-studied sensory ambiguities is found in visual processing, and arises because of the inherent uncertainty in detecting the motion direction of an untextured contour moving within a small aperture. A similar sensory ambiguity arises in identifying the actual motion associated with linear accelerations sensed by the otolith organs in the inner ear. These internal linear accelerometers respond identically during translational motion (for example, running forward) and gravitational accelerations experienced as we reorient the head relative to gravity (that is, head tilt). Using new stimulus combinations, we identify here cerebellar and brainstem motion-sensitive neurons that compute a solution to the inertial motion detection problem. We show that the firing rates of these populations of neurons reflect the computations necessary to construct an internal model representation of the physical equations of motion. PMID:15282606

  18. [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.

  19. International law on ship recycling and its interface with EU law.

    PubMed

    Argüello Moncayo, Gabriela

    2016-08-15

    The regulation on ship recycling at international and European Union (EU) level has transitioned from the realm of transboundary movement of wastes to a specialized regime, i.e., the Hong Kong International Convention for the Safe and Environmentally Sound Recycling of Ships (2009) (Hong Kong Convention). Although this convention is not in force yet, the principal features of it have been incorporated in EU Regulation 1257/2013 on ship recycling. This paper examines the rationale behind developing a ship recycling regime, its disassociation from wastes, and the departure from the main principles of transboundary movement of wastes, such as the proximity principle, reduction of transboundary movement of wastes, and the prior informed consent procedure. While acknowledging some of the positive features of the emerging ship recycling, it is submitted that the Hong Kong Convention and EU Regulation 1257/2013 on ship recycling represent a step back in the regulation of ship recycling. PMID:27287868

  20. International law on ship recycling and its interface with EU law.

    PubMed

    Argüello Moncayo, Gabriela

    2016-08-15

    The regulation on ship recycling at international and European Union (EU) level has transitioned from the realm of transboundary movement of wastes to a specialized regime, i.e., the Hong Kong International Convention for the Safe and Environmentally Sound Recycling of Ships (2009) (Hong Kong Convention). Although this convention is not in force yet, the principal features of it have been incorporated in EU Regulation 1257/2013 on ship recycling. This paper examines the rationale behind developing a ship recycling regime, its disassociation from wastes, and the departure from the main principles of transboundary movement of wastes, such as the proximity principle, reduction of transboundary movement of wastes, and the prior informed consent procedure. While acknowledging some of the positive features of the emerging ship recycling, it is submitted that the Hong Kong Convention and EU Regulation 1257/2013 on ship recycling represent a step back in the regulation of ship recycling.

  1. Aims of the 3rd international course on the Law of Armed Conflict of the International Committee for Military Medicine.

    PubMed

    Baer, Hans-Ulrich; Gilgen, Peter

    2002-08-01

    The International Committee for Military Medicine (ICMM) decided at the 32nd Congress in Vienna in 1998 to give the Surgeon General of the Swiss Armed Forces the mandate to organize its international courses on the Law of Armed Conflict (LOAC). The Swiss Federal Government fully honored and endorsed its obligation to organize these important international courses. It is in the continuing tradition of Switzerland, as a small neutral state, to support humanitarian help and all efforts to prevent war. As decided by the head of the government on April 3, 1998, the mandate of the LOAC Courses will be funded by the Swiss Confederation.

  2. 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.…

  3. 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... ENFORCEMENT AND CRIMINAL INVESTIGATIONS LAW ENFORCEMENT REPORTING Records Administration § 635.5 Police Intelligence/Criminal Information. (a) The purpose of gathering police intelligence is to identify...

  4. 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... ENFORCEMENT AND CRIMINAL INVESTIGATIONS LAW ENFORCEMENT REPORTING Records Administration § 635.5 Police Intelligence/Criminal Information. (a) The purpose of gathering police intelligence is to identify...

  5. 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... ENFORCEMENT AND CRIMINAL INVESTIGATIONS LAW ENFORCEMENT REPORTING Records Administration § 635.5 Police Intelligence/Criminal Information. (a) The purpose of gathering police intelligence is to identify...

  6. 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... ENFORCEMENT AND CRIMINAL INVESTIGATIONS LAW ENFORCEMENT REPORTING Records Administration § 635.5 Police Intelligence/Criminal Information. (a) The purpose of gathering police intelligence is to identify...

  7. 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... ENFORCEMENT AND CRIMINAL INVESTIGATIONS LAW ENFORCEMENT REPORTING Records Administration § 635.5 Police Intelligence/Criminal Information. (a) The purpose of gathering police intelligence is to identify...

  8. The irresponsible criminal in Norwegian medico-legal discourse.

    PubMed

    Skålevåg, Svein Atle

    2014-01-01

    This article discusses discourses on criminal responsibility in Norway in the 19th and 20th centuries, in light of Michel Foucault's regimes of power and knowledge: the apparatuses of law, discipline and security. The passing of two criminal codes, in 1842 and 1902 marks a development from neo-classical law to a law influenced by positivist criminology. In these consecutive ways of thinking law, the figure of the irresponsible criminal constituted a contentious issue. From being a figure marking the limits of the law, the irresponsible criminal became an object to be disciplined and a security threat. This redefinition of criminal responsibility created or was created by new groups of experts speaking from positions increasingly close to the criminals. The most important professional group was of course the psychiatrists, that emerged in Norway as a distinct professional group in the second half of the 19th century, and whose influence in the legislative process culminated in the 1920s.

  9. Dangerous mentally disordered criminals: unresolvable societal fear?

    PubMed

    Leong, G B; Silva, J A; Weinstock, R

    1991-01-01

    The average person fears dangerous criminals, especially those suffering from mental illness. Existing mental health and criminal justice systems provide social control for some of these dangerous individuals, but may be inadequate to deal with those mentally disordered offenders who were not found not guilty by reason of insanity (NGI). In California, innovative laws have attempted to address this problem. However, putative lack of efficacious treatment of mentally ill criminals, insufficient economic support, and individual liberty concerns loom as limiting factors in solving the criminal and psychiatric recidivism problem posed by non-NGI dangerous mentally disordered offenders.

  10. The rights of Turkish migrants in Europe under international law and EU law.

    PubMed

    Cicekli, B

    1999-01-01

    This paper investigates three issues concerning female immigration in the European Union during the past decade: 1) the sequence of labor migration and family reunification is assessed; 2) family migration is examined in detail; and 3) the implications of the diversification of contemporary female migration are studied. In addition, it presents arguments regarding the necessity of considering the reality of changing patterns of employment, households, and social structures to increase our knowledge of European immigration. Family reunion, as much as full-fledged labor migration, reveals the multiple personal and familial strategies involved in the process of migration. Theoretization of international migration emphasizes its diversification including the growing significance of minority skilled migrants. Absence of a sustained dialogue between feminist and mainstream researchers in the field of migration studies is one of the major problems in achieving change in the theoretical understanding of gender international migration in Europe. It was also observed that the communication between migrant women and mainstream European feminist movements has been poor. Lastly, it was proposed that migration theories and models should revolve around the multiple aspects of women's lives in order to catch up with the changes of the last few decades in employment, household and social structures.

  11. Criminal Justice - Selected Reference Materials.

    ERIC Educational Resources Information Center

    McClure, John D., III, Comp.

    This bibliography reviews approximately 70 reference materials on criminal justice. Entries are presented in eight categories--dictionaries, indexes and abstracts, professional position papers, working conditions and unions, law and the police, crime, prisons and prisoners, and victimization. Types of publications included under the subject…

  12. 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,…

  13. The Use of Remote Sensing Satellites for Verification in International Law

    NASA Astrophysics Data System (ADS)

    Hettling, J. K.

    The contribution is a very sensitive topic which is currently about to gain significance and importance in the international community. It implies questions of international law as well as the contemplation of new developments and decisions in international politics. The paper will begin with the meaning and current status of verification in international law as well as the legal basis of satellite remote sensing in international treaties and resolutions. For the verification part, this implies giving a definition of verification and naming its fields of application and the different means of verification. For the remote sensing part, it involves the identification of relevant provisions in the Outer Space Treaty and the United Nations General Assembly Principles on Remote Sensing. Furthermore it shall be looked at practical examples: in how far have remote sensing satellites been used to verify international obligations? Are there treaties which would considerably profit from the use of remote sensing satellites? In this respect, there are various examples which can be contemplated, such as the ABM Treaty (even though out of force now), the SALT and START Agreements, the Chemical Weapons Convention and the Conventional Test Ban Treaty. It will be mentioned also that NGOs have started to verify international conventions, e.g. Landmine Monitor is verifying the Mine-Ban Convention. Apart from verifying arms control and disarmament treaties, satellites can also strengthen the negotiation of peace agreements (such as the Dayton Peace Talks) and the prevention of international conflicts from arising. Verification has played an increasingly prominent role in high-profile UN operations. Verification and monitoring can be applied to the whole range of elements that constitute a peace implementation process, ranging from the military aspects through electoral monitoring and human rights monitoring, from negotiating an accord to finally monitoring it. Last but not least the

  14. The Right to Health Under International Law and Its Relevance to the United States

    PubMed Central

    Yamin, Alicia Ely

    2005-01-01

    In recent years, there have been considerable developments in international law with respect to the normative definition of the right to health, which includes both health care and healthy conditions. These norms offer a framework that shifts the analysis of issues such as disparities in treatment from questions of quality of care to matters of social justice. Building on work in social epidemiology, a rights paradigm explicitly links health with laws, policies, and practices that sustain a functional democracy and focuses on accountability. In the United States, framing a well-documented problem such as health disparities as a “rights violation” attaches shame and blame to governmental neglect. Further, international law offers standards for evaluating governmental conduct as well as mechanisms for establishing some degree of accountability. PMID:15933233

  15. The right to health under international law and its relevance to the United States.

    PubMed

    Yamin, Alicia Ely

    2005-07-01

    In recent years, there have been considerable developments in international law with respect to the normative definition of the right to health, which includes both health care and healthy conditions. These norms offer a framework that shifts the analysis of issues such as disparities in treatment from questions of quality of care to matters of social justice. Building on work in social epidemiology, a rights paradigm explicitly links health with laws, policies, and practices that sustain a functional democracy and focuses on accountability. In the United States, framing a well-documented problem such as health disparities as a "rights violation" attaches shame and blame to governmental neglect. Further, international law offers standards for evaluating governmental conduct as well as mechanisms for establishing some degree of accountability.

  16. A Study of Georgia's Criminal Justice System as It Relates to the Mentally Retarded, i.e. Law Enforcement, Judicial, and Incarceration.

    ERIC Educational Resources Information Center

    Atlanta Association for Retarded Children, Inc., Decatur, GA.

    Described is a proposed 2-year study by the Atlanta Association for Retarded Children of Georgia's criminal system as it relates to the mentally retarded. The primary purpose of the study is said to be the determination of the best system for the delivery of services to mentally retarded individuals incarcerated in Georgia's penal institutions.…

  17. Criminal Justice Systems. Block I: Law Enforcement. Block II: The Courts. Block III: Corrections. Block IV: Community Relations. Block V: Proficiency Skills. Block VI: Criminalistics. Student Guide.

    ERIC Educational Resources Information Center

    Florida State Dept. of Education, Tallahassee. Div. of Vocational, Adult, and Community Education.

    This student guide together with an instructor guide comprise a set of curriculum materials on the criminal justice system. The student guide contains self-contained instructional material that students can study at their own pace most of the time. Six major subject areas or blocks, which are further broken down into several units, with some units…

  18. Criminal Justice Systems. Block I: Law Enforcement. Block II: The Courts. Block III: Corrections. Block IV: Community Relations. Block V: Proficiency Skills. Block VI: Criminalistics. Instructor Guide.

    ERIC Educational Resources Information Center

    Florida State Dept. of Education, Tallahassee. Div. of Vocational, Adult, and Community Education.

    This instructor guide together with a student guide comprise a set of curriculum materials on the criminal justice system. The instructor guide is a resource for planning and managing individualized, competency-based instruction in six major subject areas or blocks, which are further broken down into several units with some units having several…

  19. 78 FR 38430 - Notice of Meeting of Advisory Committee on International Law

    Federal Register 2010, 2011, 2012, 2013, 2014

    2013-06-26

    ... From the Federal Register Online via the Government Publishing Office DEPARTMENT OF STATE Notice of Meeting of Advisory Committee on International Law Correction In notice document 2013-13719, appearing on page 34702 in the issue of Monday, June 10, 2013, make the following correction: In the...

  20. Development of a Language for International Law: The Experience of Esperanto.

    ERIC Educational Resources Information Center

    Harry, Ralph L.

    1989-01-01

    Recounts the history of interest in developing Esperanto as a lingua franca for international law and diplomacy, beginning with Zamenhof's development of Esperanto and proceeding through the development of a lexicon for the language and through its application to legal issues. Prospects for the future of Esperanto are discussed. (DJD)

  1. 78 FR 72971 - Notice of Meeting of Advisory Committee on International Law

    Federal Register 2010, 2011, 2012, 2013, 2014

    2013-12-04

    ... From the Federal Register Online via the Government Publishing Office DEPARTMENT OF STATE Notice of Meeting of Advisory Committee on International Law Correction In notice document 2013-28232 appearing on page 70392, in the issue of Monday, November 25, 2013, make the following correction: ] In the second column, in the seventh line from...

  2. 78 FR 24784 - State Department Advisory Committee on Private International Law; Closed Meeting

    Federal Register 2010, 2011, 2012, 2013, 2014

    2013-04-26

    ... From the Federal Register Online via the Government Publishing Office DEPARTMENT OF STATE State Department Advisory Committee on Private International Law; Closed Meeting In accordance with section 10(a) of the Federal Advisory Committee Act, 5 U.S.C. App Sec. 10(a), the Department of State announces a meeting of the full Advisory Committee...

  3. World Crisis as "Teachable Moment": Joining Global Issues, International Law, and the Internet in the Classroom.

    ERIC Educational Resources Information Center

    Leary, John E., Jr.

    2000-01-01

    Describes a mock judicial proceeding that incorporated computers in the classroom and questioned international law. Explains that students were divided into interested parties in the Kosovo conflict (NATO members, the Yugoslavian government, Kosovo Albanians, Russians, and Chinese), a delegation of human-rights groups, and a panel of judges. (CMK)

  4. 78 FR 22020 - State Department Advisory Committee on Private International Law; Closed Meeting

    Federal Register 2010, 2011, 2012, 2013, 2014

    2013-04-12

    ... From the Federal Register Online via the Government Publishing Office DEPARTMENT OF STATE State Department Advisory Committee on Private International Law; Closed Meeting In accordance with section 10(a) of the Federal Advisory Committee Act, 5 U.S.C. App Sec. 10(a), the Department of State announces a meeting of the full Advisory Committee...

  5. Curricular Choices of Ultra-Orthodox Jewish Communities: Translating International Human Rights Law into Education Policy

    ERIC Educational Resources Information Center

    Perry-Hazan, Lotem

    2015-01-01

    This paper employs the provisions of international human rights law in order to analyse whether and how liberal states should regulate Haredi educational practices, which sanctify the exclusive focus on religious studies in schools for boys. It conceptualises the conflict between the right to acceptable education and the right to adaptable…

  6. Law.

    ERIC Educational Resources Information Center

    Walker, W. R.; Cox, W. E.

    1978-01-01

    Presents a literature review of the legal issues relative to water quality covering publications of 1977. Consideration is given to federal laws, Supreme Court cases, and the impact of federal environmental laws on local government. A list of 47 references is also presented. (HM)

  7. The National Manpower Survey of the Criminal Justice System. Volume Five: Criminal Justice Education and Training.

    ERIC Educational Resources Information Center

    National Planning Association, Washington, DC.

    Focusing on education and training needs for law enforcement and criminal justice personnel, 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 ten chapters provides an overview of nine types of educational and/or training programs, including the…

  8. International and European law on protected areas and climate change: need for adaptation or implementation?

    PubMed

    Cliquet, A

    2014-10-01

    The protection and management of protected areas must be adapted to the effects of climate change. An important question is if the law on protected areas is capable of dealing with the required changes. In general, both international nature conventions and European Union nature conservation law do not contain any specific provisions on climate change and protected areas. Attention has been paid to this link in non-binding decisions and policy documents. In order to adapt the law to increased dynamics from climate change, more flexibility is needed. This flexibility should not be understood as "legal" flexibility, in the sense of the weakening nature conservation provisions. Scientific uncertainties on the effects of climate change might conflict with the need for legal certainties. In order to adapt to the effects of climate change, the two crucial elements are the strengthening of core protected areas and connectivity between the core areas. At the international level, both elements can be found in non-binding documents. International law enables the required adaptation; however, it often lacks concrete obligations. A stronger legal framework can be found at the level of the European Union. The Birds and Habitats Directives contain sufficient tools to deal with the effects of climate change. The Directives have been insufficiently implemented so far. Especially the central goals of reaching a favorable conservation status and connectivity measures need to be addressed much more in the future.

  9. Physicians and international humanitarian law in complex emergencies: controversies and future opportunities.

    PubMed

    Hoffman, M H

    2001-01-01

    This paper describes the areas in which the Geneva Conventions no longer are adequate as a source of legal description or prescription for the challenges faced by physicians working in complex emergencies. It covers the conceptual pitfalls facing the medical profession in connection with humanitarian interventions, which often are conventional military operations, but are not recognized as such because they may vary in some respects from more familiar forms of interstate conflict. Emerging categories of combatants who pose a major threat during complex emergencies also are identified. Opportunities to meet these challenges with the tools and culture of medicine are explored, and are proposed to the medical community as an opportunity for leadership. The paper proposes that new, epidemiological standards should be developed in order to identify the outbreak of armed conflicts and the trigger points for application of international humanitarian law. Such could replace the political model that presently underlies international humanitarian law. It also argues that international humanitarian law is not the starting point for application of humanitarian standards in war zones, but rather is built upon a peacetime medical culture that must be replicated in complex emergencies as a precursor to effective application of the law.

  10. International and European Law on Protected Areas and Climate Change: Need for Adaptation or Implementation?

    NASA Astrophysics Data System (ADS)

    Cliquet, A.

    2014-10-01

    The protection and management of protected areas must be adapted to the effects of climate change. An important question is if the law on protected areas is capable of dealing with the required changes. In general, both international nature conventions and European Union nature conservation law do not contain any specific provisions on climate change and protected areas. Attention has been paid to this link in non-binding decisions and policy documents. In order to adapt the law to increased dynamics from climate change, more flexibility is needed. This flexibility should not be understood as "legal" flexibility, in the sense of the weakening nature conservation provisions. Scientific uncertainties on the effects of climate change might conflict with the need for legal certainties. In order to adapt to the effects of climate change, the two crucial elements are the strengthening of core protected areas and connectivity between the core areas. At the international level, both elements can be found in non-binding documents. International law enables the required adaptation; however, it often lacks concrete obligations. A stronger legal framework can be found at the level of the European Union. The Birds and Habitats Directives contain sufficient tools to deal with the effects of climate change. The Directives have been insufficiently implemented so far. Especially the central goals of reaching a favorable conservation status and connectivity measures need to be addressed much more in the future.

  11. 78 FR 69172 - U.S. Department of State Advisory Committee on Private International Law (ACPIL): Public Meeting...

    Federal Register 2010, 2011, 2012, 2013, 2014

    2013-11-18

    ... response to a request from UNCITRAL's Working Group IV (electronic commerce), the UNCITRAL Secretariat has.... Department of State Advisory Committee on Private International Law (ACPIL): Public Meeting on Electronic Commerce The Office of the Assistant Legal Adviser for Private International Law, Department of...

  12. 76 FR 56865 - U.S. Department of State Advisory Committee on Private International Law (ACPIL): Public Meeting...

    Federal Register 2010, 2011, 2012, 2013, 2014

    2011-09-14

    ... electronic commerce) of the United Nations Commission on International Trade Law (UNCITRAL). Working Group IV... and, in so doing, may address related aspects of electronic commerce. The report of the Forty-fourth.... Department of State Advisory Committee on Private International Law (ACPIL): Public Meeting on...

  13. 78 FR 52601 - U.S. Department of State Advisory Committee on Private International Law (ACPIL): Public Meeting...

    Federal Register 2010, 2011, 2012, 2013, 2014

    2013-08-23

    ... August 19, 2013, in FR Volume 78, page 50480, in the third paragraph of the second column, the Web site.... Department of State Advisory Committee on Private International Law (ACPIL): Public Meeting on Arbitration... Advisory Committee on Private International Law (ACPIL) Public Meeting on Arbitration, to take place...

  14. 78 FR 55772 - U.S. Department of State Advisory Committee on Private International Law: Notice of Annual Meeting

    Federal Register 2010, 2011, 2012, 2013, 2014

    2013-09-11

    ... From the Federal Register Online via the Government Publishing Office DEPARTMENT OF STATE U.S. Department of State Advisory Committee on Private International Law: Notice of Annual Meeting The Department of State's Advisory Committee on Private International Law (ACPIL) will hold its annual meeting on Monday, October 21 and Tuesday, October...

  15. 76 FR 9072 - U.S. Department of State Advisory Committee on Private International Law (ACPIL): Public Meeting...

    Federal Register 2010, 2011, 2012, 2013, 2014

    2011-02-16

    ... From the Federal Register Online via the Government Publishing Office DEPARTMENT OF STATE U.S. Department of State Advisory Committee on Private International Law (ACPIL): Public Meeting on Jurisdiction and the Recognition and Enforcement of Judgments The Department of State, Office of Legal Adviser, Office of Private International Law would...

  16. 75 FR 55846 - U.S. Department of State Advisory Committee on Private International Law: Public Meeting on the...

    Federal Register 2010, 2011, 2012, 2013, 2014

    2010-09-14

    ... From the Federal Register Online via the Government Publishing Office DEPARTMENT OF STATE U.S. Department of State Advisory Committee on Private International Law: Public Meeting on the Work of the UNCITRAL Working Group on Procurement The United Nations Commission on International Trade Law (UNCITRAL) Working Group on Procurement will next...

  17. 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…

  18. 25 CFR 11.902 - Non-criminal proceedings.

    Code of Federal Regulations, 2014 CFR

    2014-04-01

    ... 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...

  19. 22 CFR 1101.16 - Criminal penalties.

    Code of Federal Regulations, 2011 CFR

    2011-04-01

    ... 22 Foreign Relations 2 2011-04-01 2009-04-01 true Criminal penalties. 1101.16 Section 1101.16 Foreign Relations INTERNATIONAL BOUNDARY AND WATER COMMISSION, UNITED STATES AND MEXICO, UNITED STATES SECTION PRIVACY ACT OF 1974 § 1101.16 Criminal penalties. (a) Under the provisions of the Act, it is...

  20. 22 CFR 1101.16 - Criminal penalties.

    Code of Federal Regulations, 2010 CFR

    2010-04-01

    ... 22 Foreign Relations 2 2010-04-01 2010-04-01 true Criminal penalties. 1101.16 Section 1101.16 Foreign Relations INTERNATIONAL BOUNDARY AND WATER COMMISSION, UNITED STATES AND MEXICO, UNITED STATES SECTION PRIVACY ACT OF 1974 § 1101.16 Criminal penalties. (a) Under the provisions of the Act, it is...

  1. Global partnerships: a key challenge and opportunity for implementation of international health law.

    PubMed

    Pinet, Geneviève

    2003-01-01

    Forging global partnerships between governments, international organizations, NGOs, civil society and business constitutes a key component of the UN and WHO action agenda. Several of these innovative alliances have galvanized important health campaigns and scaled up the response to global health problems. Guiding principles for partnerships design and implementation have been elaborated in particular to ensure quality, accountability and transparency. Partnerships are not intended to substitute commitments made by governments but to complement them, increasing the quality of implementation of international agreements, mobilizing the capacity for action on the ground and forging capacity building efforts to support weaker partners. Partnerships have the potential for weaving together economic law and human rights law, democracy and pluralism. Building into partnerships democratic commitments and safeguards for public interests is essential in creating a true sense of shared global responsibility.

  2. 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

  3. The right to health of prisoners in international human rights law.

    PubMed

    Lines, Rick

    2008-01-01

    This paper explores the health rights of prisoners as defined in international law, and the mechanisms that have been used to ensure the rights of persons in detention to realise the highest attainable standard of health. It examines this right as articulated within United Nations and regional human rights treaties, non-binding or so-called soft law instruments from international organisations and the jurisprudence of international human rights bodies. It explores the use of economic, social and cultural rights mechanisms, and those within civil and political rights, as they engage the right to health of prisoners, and identifies the minimum legal obligations of governments in order to remain compliant with human rights norms as defined within the international case law. In addressing these issues, this article adopts a holistic approach to the definition of the highest attainable standard of health. This includes a consideration of adequate standards of general medical care, including preventative health and mental health services. It also examines the question of environmental health, and those poor conditions of detention that may exacerbate health decline, disease transmission, mental illness or death. The paper examines the approach to prison health of the United Nations human rights system and its various monitoring bodies, as well as the regional human rights systems in Europe, Africa and the Americas. Based upon this analysis, the paper draws conclusions on the current fulfilment of the right to health of prisoners on an international scale, and proposes expanded mechanisms under the UN Convention against Torture and Other Cruel, Inhuman or Degrading Treatment to monitor and promote the health rights of prisoners at the international and domestic levels. PMID:18382849

  4. The right to health of prisoners in international human rights law.

    PubMed

    Lines, Rick

    2008-01-01

    This paper explores the health rights of prisoners as defined in international law, and the mechanisms that have been used to ensure the rights of persons in detention to realise the highest attainable standard of health. It examines this right as articulated within United Nations and regional human rights treaties, non-binding or so-called soft law instruments from international organisations and the jurisprudence of international human rights bodies. It explores the use of economic, social and cultural rights mechanisms, and those within civil and political rights, as they engage the right to health of prisoners, and identifies the minimum legal obligations of governments in order to remain compliant with human rights norms as defined within the international case law. In addressing these issues, this article adopts a holistic approach to the definition of the highest attainable standard of health. This includes a consideration of adequate standards of general medical care, including preventative health and mental health services. It also examines the question of environmental health, and those poor conditions of detention that may exacerbate health decline, disease transmission, mental illness or death. The paper examines the approach to prison health of the United Nations human rights system and its various monitoring bodies, as well as the regional human rights systems in Europe, Africa and the Americas. Based upon this analysis, the paper draws conclusions on the current fulfilment of the right to health of prisoners on an international scale, and proposes expanded mechanisms under the UN Convention against Torture and Other Cruel, Inhuman or Degrading Treatment to monitor and promote the health rights of prisoners at the international and domestic levels.

  5. Biomedicine and international human rights law: in search of a global consensus.

    PubMed

    Andorno, Roberto

    2002-01-01

    Global challenges raised by biomedical advances require global responses. Some international organizations have made significant efforts over the last few years to establish common standards that can be regarded as the beginning of an international biomedical law. One of the main features of this new legal discipline is the integration of its principles into a human rights framework. This strategy seems the most appropriate, given the role of "universal ethics" that human rights play in our world of philosophical pluralism. In addition to the general standards that are gradually being established, a widespread consensus exists on the urgency of preventing two specific procedures: human germ-line interventions and human reproductive cloning.

  6. 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.

  7. 22 CFR 210.625 - Criminal drug statute.

    Code of Federal Regulations, 2010 CFR

    2010-04-01

    ... 22 Foreign Relations 1 2010-04-01 2010-04-01 false Criminal drug statute. 210.625 Section 210.625 Foreign Relations AGENCY FOR INTERNATIONAL DEVELOPMENT GOVERNMENTWIDE REQUIREMENTS FOR DRUG-FREE WORKPLACE (FINANCIAL ASSISTANCE) Definitions § 210.625 Criminal drug statute. Criminal drug statute means a Federal...

  8. 22 CFR 210.625 - Criminal drug statute.

    Code of Federal Regulations, 2011 CFR

    2011-04-01

    ... 22 Foreign Relations 1 2011-04-01 2011-04-01 false Criminal drug statute. 210.625 Section 210.625 Foreign Relations AGENCY FOR INTERNATIONAL DEVELOPMENT GOVERNMENTWIDE REQUIREMENTS FOR DRUG-FREE WORKPLACE (FINANCIAL ASSISTANCE) Definitions § 210.625 Criminal drug statute. Criminal drug statute means a Federal...

  9. Addressing Hate Crimes: Six Initiatives That Are Enhancing the Efforts of Criminal Justice Practitioners. Hate Crimes Series. Bureau of Justice Assistance Monograph.

    ERIC Educational Resources Information Center

    Wessler, Stephen

    This publication focuses on initiatives that are designed to address hate crimes by enhancing efforts of the criminal justice system. After discussing the pivotal role of law enforcement in this effort, the paper describes six Bureau of Justice Assistance-funded initiatives, which include: the International Association of Chiefs of Police Summit:…

  10. International infectious disease law: revision of the World Health Organization's International Health Regulations.

    PubMed

    Gostin, Lawrence O

    2004-06-01

    The International Health Regulations (IHR), the only global regulations for infectious disease control, have not been significantly changed since they were first issued in 1951. The World Health Organization (WHO) is currently engaged in a process to modernize the IHR. This article reviews WHO's draft revised IHR and recommends new reforms to improve global health, which include (1) a robust mission, emphasizing the WHO's core public health purposes, functions, and essential services; (2) broad scope, flexibly covering diverse health threats; (3) global surveillance, developing informational networks of official and unofficial data sources; (4) national public health systems, setting performance criteria, measuring outcomes, and holding states accountable; (5) human rights protection, setting science-based standards and fair procedures; and (6) good governance, adopting the principles of fairness, objectivity, and transparency. The WHO should ensure state compliance with health norms and generous economic and technical assistance to poorer countries. An important issue for the international community is how sovereign countries can join together to make global health work for everyone, the poor and the wealthy alike. PMID:15173154

  11. [Expert witness and expert testimony in New Slovak Criminal Procedure Code].

    PubMed

    Kovác, P

    2006-04-01

    As of 1st January 2006, new criminal law consisting of the Act No. 300/2004 Coll. (Penal Code) and the Act No. 301/2005 Coll. (Criminal Procedure Code) became effective in the Slovak Republic. These two acts replaced Criminal Law originating from 1961. The author analyses impact and changes introduced with new Criminal Procedure Code in the regulation of expert witness in general and expert witness testimony.

  12. HIV, disability and discrimination: making the links in international and domestic human rights law

    PubMed Central

    2009-01-01

    Stigma and discrimination constitute one of the greatest barriers to dealing effectively with the HIV epidemic, underlying a range of human rights violations and hindering access to prevention, care, treatment and support. There is some existing protection against HIV-based discrimination under international law, but the extent of states' obligations to address such discrimination has not been comprehensively addressed in an international instrument. The United Nations Convention on the Rights of Persons with Disabilities entered into force in May 2008. As countries ratify the convention, they are required to amend national laws and policies to give greater protection to the human rights of people with disabilities, including abolishing disability-based discrimination by the state and protecting persons against such discrimination by others. The Disability Convention addresses many of the issues faced by people living with HIV (PLHIV) but does not explicitly include HIV or AIDS within its open-ended definition of "disability". Therefore, the advent of the Disability Convention prompts us to consider the links between HIV and disability and, specifically, to consider the opportunities it and other legal mechanisms, international or domestic, may afford for advancing the human rights of PLHIV facing human rights infringements. We do so in the belief that the movement for human rights is stronger when constituencies with so many common and overlapping interests are united, and that respectful and strategic collaboration ultimately strengthens both the disability rights and the AIDS movements. In this article, we first examine the links between HIV and disability. We then provide a brief overview of how international human rights law has treated both disability and HIV/AIDS. We note some of the different ways in which national anti-discrimination laws have reflected the links between HIV and disability, illustrated with representative examples from a number of

  13. HIV, disability and discrimination: making the links in international and domestic human rights law.

    PubMed

    Elliott, Richard; Utyasheva, Leah; Zack, Elisse

    2009-11-09

    Stigma and discrimination constitute one of the greatest barriers to dealing effectively with the HIV epidemic, underlying a range of human rights violations and hindering access to prevention, care, treatment and support. There is some existing protection against HIV-based discrimination under international law, but the extent of states' obligations to address such discrimination has not been comprehensively addressed in an international instrument.The United Nations Convention on the Rights of Persons with Disabilities entered into force in May 2008. As countries ratify the convention, they are required to amend national laws and policies to give greater protection to the human rights of people with disabilities, including abolishing disability-based discrimination by the state and protecting persons against such discrimination by others. The Disability Convention addresses many of the issues faced by people living with HIV (PLHIV) but does not explicitly include HIV or AIDS within its open-ended definition of "disability".Therefore, the advent of the Disability Convention prompts us to consider the links between HIV and disability and, specifically, to consider the opportunities it and other legal mechanisms, international or domestic, may afford for advancing the human rights of PLHIV facing human rights infringements. We do so in the belief that the movement for human rights is stronger when constituencies with so many common and overlapping interests are united, and that respectful and strategic collaboration ultimately strengthens both the disability rights and the AIDS movements.In this article, we first examine the links between HIV and disability. We then provide a brief overview of how international human rights law has treated both disability and HIV/AIDS. We note some of the different ways in which national anti-discrimination laws have reflected the links between HIV and disability, illustrated with representative examples from a number of countries

  14. 78 FR 19062 - U.S. Department of State Advisory Committee on Private International Law (ACPIL): Public Meeting...

    Federal Register 2010, 2011, 2012, 2013, 2014

    2013-03-28

    ... meeting. Those who cannot attend but wish to comment are welcome to do so by email to Michael Coffee at.... Dated: March 20, 2013. Michael S. Coffee, Attorney-Adviser, Office of Private International Law,...

  15. 75 FR 504 - U.S. Department of State Advisory Committee on Private International Law: Organization of...

    Federal Register 2010, 2011, 2012, 2013, 2014

    2010-01-05

    ... Inter-American Convention on the Law Applicable to International Contracts (known as the Mexico City... relevant to work at the OAS include the proposal at UNCITRAL for future work on on-line dispute...

  16. Employing moderate resolution sensors in human rights and international humanitarian law monitoring

    NASA Astrophysics Data System (ADS)

    Marx, Andrew J.

    Organizations concerned with human rights are increasingly using remote sensing as a tool to improve their detection of human rights and international humanitarian law violations. However, as these organizations have transitioned to human rights monitoring campaigns conducted over large regions and extended periods of time, current methods of using fine- resolution sensors and manpower-intensive analyses have become cost- prohibitive. To support the continued growth of remote sensing in human rights and international humanitarian law monitoring campaigns, this study researches how moderate resolution land observatories can provide complementary data to operational human rights monitoring efforts. This study demonstrates the capacity of moderate resolutions to provide data to monitoring efforts by developing an approach that uses Landsat Enhanced Thematic Mapper Plus (ETM+) as part of a system for the detection of village destruction in Darfur, Sudan. Village destruction is an indicator of a human rights or international humanitarian law violations in Darfur during the 2004 study period. This analysis approach capitalizes on Landsat's historical archive and systematic observations by constructing a historic spectral baseline for each village in the study area that supports automated detection of a potentially destroyed village with each new overpass of the sensor. Using Landsat's near-infrared band, the approach demonstrates high levels of accuracy when compared with a U.S. government database documenting destroyed villages. This approach is then applied to the Darfur conflict from 2002 to 2008, providing new data on when and where villages were destroyed in this widespread and long-lasting conflict. This application to the duration of a real-world conflict illustrates the abilities and shortcomings of moderate resolution sensors in human rights monitoring efforts. This study demonstrates that moderate resolution satellites have the capacity to contribute

  17. Game theory, international law, and future environmental cooperation in the Middle East

    SciTech Connect

    Hirsch, M.

    1998-12-31

    Through the use of game theory, this article explores some of the principal factors influencing the emergence and maintenance of international cooperation in order to develop legal guidelines for establishing an effective environmental mechanism in the Middle East. As this article shows, game theory concepts and models provide a valuable tool for analyzing the phenomenon of cooperation, enabling international lawyers to shape legal norms which will enhance the prospects for environmental cooperation in the Middle East. Part 2 of this article sets for the basic concepts and models of game theory and its relationship to modern international relations theory. Part 3 presents a game theoretical analysis of two major environmental settings in the Middle East: marine pollution in the Gulf of Aqaba and water contamination of the Mountain Aquifer. It then suggests some legal mechanisms to enhance the likelihood of cooperation in these settings. Part 4 concludes the article by exploring the options nd limits of combining game theory and international law as an instrument to improve the prospects of cooperation. The article ultimately states that this combination offers scholars and policy-makers important insights into better legal mechanisms for long-term international cooperation.

  18. International Law of Pollution: protecting the global environment in a world of sovereign states

    SciTech Connect

    Springer, A.L.

    1983-01-01

    The reviewer considers this book ideal as a supplemental text for law students and upper-class political science students. It discusses, as it develops its theoretical framework, a variety of examples such as the Trail Smelter arbitration and the ozone depletion controversy. These examples help develop a sense that technical solutions are rare and that the art of diplomacy is still the paragon for resolving international environmental problems. The book closes with a brief case study of the licensing procedure for the Eastport Oil Refinery, which involves a question of the passage to the United States of oil tankers through waters in which Canada has an interest. The case study appears to suggest that the political structure is too fractured to arrive at assuredly optimal solutions. Although this lesson is unfortunately appropriate, the reviewer believes that it belies the greater lesson that politics supports as well as hinders the development of new standards of international behavior.

  19. Biomedicine and international human rights law: in search of a global consensus.

    PubMed Central

    Andorno, Roberto

    2002-01-01

    Global challenges raised by biomedical advances require global responses. Some international organizations have made significant efforts over the last few years to establish common standards that can be regarded as the beginning of an international biomedical law. One of the main features of this new legal discipline is the integration of its principles into a human rights framework. This strategy seems the most appropriate, given the role of "universal ethics" that human rights play in our world of philosophical pluralism. In addition to the general standards that are gradually being established, a widespread consensus exists on the urgency of preventing two specific procedures: human germ-line interventions and human reproductive cloning. PMID:12571724

  20. Victim-induced criminality.

    PubMed

    Fooner, M

    1966-09-01

    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

  1. The role of international institutions in the formation of international bioethical law: UNESCO and the United Nations General Assembly attempt to govern human cloning.

    PubMed

    Kuppuswamy, Chamundeeswari

    2007-01-01

    This article analyses the international governance of human reproductive cloning. Noting that bioethics is a new field of engagement for international lawyers, it recounts some of the institutional developments in bioethical law making. The role of UNESCO and the United Nations General Assembly is scrutinized and the author discusses the relative merits of the institutions' governance of human reproductive cloning. The author suggests that some international institutions and mechanisms are better suited than others for bioethical law making. The 2005 General Assembly resolution on human cloning is analysed in this context.

  2. Internal transport properties of macroporous sugar polyacrylate hydrogels: microsphere diffusion described by phenomenological laws.

    PubMed

    Martin, Brett D; Soto, Carissa M; Taitt, Chris; Charles, Paul T

    2008-04-01

    We have determined the internal transport properties of heterogeneous, macroporous hydrogels based on the regioregular sugar polyacrylate poly(6-acryloyl-beta-O-methyl-galactopyranoside). This was accomplished by measuring the diffusive flux of variously sized polystyrene microspheres and combining these results with solutions of phenomenological transport laws (the Navier-Stokes equations and Fick's Law with an assumption of first-order irreversible sphere capture by the gel polymer). This enabled calculation of gel properties such as average pore diameters (ca. 11.76 microm) and the diffusivities of the polystyrene spheres in the gel. These values range from 76% to 83% of that in free solution and correlate closely with the equilibrium solution content of the gel (82.3%). This approach has also enabled calculation of the sphere capture rates (2.4 x 10(-3) to 9.6 x 10(-5) s(-1)). These low capture rates indicate that the gel is extremely non-adhesive towards the spheres, and a linear correlation with sphere form drag area (r(2) = 1) was found. The pore sizes of the hydrated gel were observed via DIC light microscopy and the visible effective diameters corresponded very closely to the calculated values (11.66 vs. 11.76 microm). The diffusion/capture of inert spheres in the hydrogel can thus be described in a non-destructive manner by straightforward application of phenomenological transport laws. This result is significant in that these laws were intended to describe macroscopic ensembles of very large numbers of particles in continuous media, not small numbers (i.e., hundreds) in discontinuous media.

  3. [History of psychiatry and the criminally insane in Japan].

    PubMed

    Nakatani, Yoji

    2003-01-01

    This paper illustrates how insane offenders were perceived and treated at the turn of the 20th century, focusing on legal reforms. In accordance with overall reorganization of legal systems after the Meiji Restoration in 1968, the Criminal Law of 1880 stipulated criminal responsibility, ruling that "a person, who was unable to discriminate right and wrong because of loss of mental capacity at the time of committing crime, shall not be punished." Article 39 of the current Criminal Law, which was enacted in 1907, redefined criminal responsibility, to say that "an incompetent person shall not be punished; a person with diminished competence shall be given a mitigation of punishment." Meanwhile, the Law for the Custody for Insane Persons of 1900, which was the first law dealing with the mentally ill, aimed to establish strict regulations with regard to the custody of the insane. However, neither of these laws did not provide any procedures for subsequent management of persons acquitted because of insanity. Under the social changes in the early decades of the 20th century, concern about dangerousness of the criminally insane was intensified. In connection with reform of the Criminal Law, several plans for the management of the criminally insanes were formulated. The author examines these circumstances, referring to the current debate on the management of mentally ill offenders.

  4. Measurement of Henry's Law Constants Using Internal Standards: A Quantitative GC Experiment for the Instrumental Analysis or Environmental Chemistry Laboratory

    ERIC Educational Resources Information Center

    Ji, Chang; Boisvert, Susanne M.; Arida, Ann-Marie C.; Day, Shannon E.

    2008-01-01

    An internal standard method applicable to undergraduate instrumental analysis or environmental chemistry laboratory has been designed and tested to determine the Henry's law constants for a series of alkyl nitriles. In this method, a mixture of the analytes and an internal standard is prepared and used to make a standard solution (organic solvent)…

  5. 75 FR 47877 - U.S. Department of State Advisory Committee on Private International Law: Public Meeting on the...

    Federal Register 2010, 2011, 2012, 2013, 2014

    2010-08-09

    ... UNCITRAL Working Group on International Arbitration and Conciliation In June, the United Nations Commission on International Trade Law (UNCITRAL) approved revisions to the 1976 UNCITRAL Arbitration Rules. The 2010 UNCITRAL Arbitration Rules will take effect on August 15, 2010. In its next phase of work,...

  6. 78 FR 50480 - U.S. Department of State Advisory Committee on Private International Law (ACPIL): Public Meeting...

    Federal Register 2010, 2011, 2012, 2013, 2014

    2013-08-19

    .... Department of State Advisory Committee on Private International Law (ACPIL): Public Meeting on Arbitration... arbitration that will be considered by the Secretariat of the United Nations Commission on International Trade..., UNCITRAL adopted a set of Rules on Transparency in Treaty-based Investor-State Arbitration at its...

  7. The Bosnian War Crimes Trial Simulation: Teaching Students about the Fuzziness of World Politics and International Law.

    ERIC Educational Resources Information Center

    Jefferson, Kurt W.

    1999-01-01

    Explains using the Bosnian war crimes simulation to introduce international law and its political and legal ramifications in the course "Introduction to International Politics." Discusses the characteristics of the simulation, its effectiveness, and the response by students. Offers an evaluation of the exercise. (CMK)

  8. A Report from the National Hispanic Conference on Law Enforcement and Criminal Justice. (Washington D.C., July 28-30, 1980).

    ERIC Educational Resources Information Center

    InterAmerica Research Associates, Washington, DC.

    Intended to aid administrators, decision-makers, and the general public in learning about and gaining better understanding of Hispanic concerns, needs, and recommendations regarding justice administration, this document includes the keynote addresses and 15 topic papers presented at the conference which was attended by 91 law enforcement experts.…

  9. 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…

  10. 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 and…

  11. Criminal Justice Education and the Humanities: A New Era?

    ERIC Educational Resources Information Center

    Halsted, James B.

    1985-01-01

    This study demonstrates that criminal justice education is interdisciplinary only to the limited extent it integrates the law, the social sciences, and its vocational and technical aspects. In order to integrate the humanities in criminal justice education, the educators must be educated. (Author/LMO)

  12. 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…

  13. 3 CFR - Continuation of the National Emergency With Respect To Significant Transnational Criminal...

    Code of Federal Regulations, 2013 CFR

    2013-01-01

    ... significant transnational criminal organizations have reached such scope and gravity that they threaten the... rule of law, and undermining economic markets. These organizations facilitate and aggravate...

  14. HIV Risk among MSM in Senegal: A Qualitative Rapid Assessment of the Impact of Enforcing Laws That Criminalize Same Sex Practices

    PubMed Central

    Poteat, Tonia; Diouf, Daouda; Drame, Fatou Maria; Ndaw, Marieme; Traore, Cheikh; Dhaliwal, Mandeep; Beyrer, Chris; Baral, Stefan

    2011-01-01

    Men who have sex with men (MSM) are at high risk for HIV in Senegal, with a prevalence of 21.5%. In December 2008, nine male HIV prevention workers were imprisoned for “acts against nature” prohibited by Senegalese law. This qualitative study assessed the impact of these arrests on HIV prevention efforts. A purposive sample of MSM in six regions of Senegal was recruited by network referral. 26 in-depth interviews (IDIs) and 6 focus group discussions (FGDs) were conducted in July–August 2009. 14 key informants were also interviewed. All participants reported pervasive fear and hiding among MSM as a result of the December 2008 arrests and publicity. Service providers suspended HIV prevention work with MSM out of fear for their own safety. Those who continued to provide services noticed a sharp decline in MSM participation. An effective response to the HIV epidemic in Senegal should include active work to decrease enforcement of this law. PMID:22194906

  15. 28 CFR 16.91 - Exemption of Criminal Division Systems-limited access, as indicated.

    Code of Federal Regulations, 2012 CFR

    2012-07-01

    ...: (1) Central Criminal Division, Index File and Associated Records System of Records (JUSTICE/CRM-001...)(2), (k)(1) and (k)(2). (r) Because this system contains Department of Justice civil and criminal law... 28 Judicial Administration 1 2012-07-01 2012-07-01 false Exemption of Criminal Division...

  16. 28 CFR 16.91 - Exemption of Criminal Division Systems-limited access, as indicated.

    Code of Federal Regulations, 2014 CFR

    2014-07-01

    ...: (1) Central Criminal Division, Index File and Associated Records System of Records (JUSTICE/CRM-001...)(2), (k)(1) and (k)(2). (r) Because this system contains Department of Justice civil and criminal law... 28 Judicial Administration 1 2014-07-01 2014-07-01 false Exemption of Criminal Division...

  17. The US business cycle: power law scaling for interacting units with complex internal structure

    NASA Astrophysics Data System (ADS)

    Ormerod, Paul

    2002-11-01

    In the social sciences, there is increasing evidence of the existence of power law distributions. The distribution of recessions in capitalist economies has recently been shown to follow such a distribution. The preferred explanation for this is self-organised criticality. Gene Stanley and colleagues propose an alternative, namely that power law scaling can arise from the interplay between random multiplicative growth and the complex structure of the units composing the system. This paper offers a parsimonious model of the US business cycle based on similar principles. The business cycle, along with long-term growth, is one of the two features which distinguishes capitalism from all previously existing societies. Yet, economics lacks a satisfactory theory of the cycle. The source of cycles is posited in economic theory to be a series of random shocks which are external to the system. In this model, the cycle is an internal feature of the system, arising from the level of industrial concentration of the agents and the interactions between them. The model-in contrast to existing economic theories of the cycle-accounts for the key features of output growth in the US business cycle in the 20th century.

  18. Assessing the criminal capacity of children: a challenge to the capacity of mental health professionals.

    PubMed

    Pillay, Anthony L; Willows, Clive

    2015-01-01

    With increasing numbers of juveniles accused of serious crimes international concern is growing around the procedural consequences for affected individuals within the context of the law and criminal justice. Issues of culpability in children and adolescents are often raised, with much deliberation and insufficient agreement among legal and child development experts. Exactly when and to what extent juveniles can be held responsible for their action is a matter requiring careful consideration to avoid substantial erring in either direction. Although some international guiding standards and principles have been established, these are rather broad and unable to provide specific prescriptions. In addition, the assessment of criminal capacity in juveniles is a complex task, and one that is not wholly without reliability and validity problems. As in the case of South Africa and a few other countries, mental health specialists are often tasked with conducting developmental assessments to provide courts with expert evidence regarding criminal capacity. This paper examines the concept of criminal capacity in the context of the theory, controversies and challenges that affect this area of psychological focus.

  19. Assessing the criminal capacity of children: a challenge to the capacity of mental health professionals.

    PubMed

    Pillay, Anthony L; Willows, Clive

    2015-01-01

    With increasing numbers of juveniles accused of serious crimes international concern is growing around the procedural consequences for affected individuals within the context of the law and criminal justice. Issues of culpability in children and adolescents are often raised, with much deliberation and insufficient agreement among legal and child development experts. Exactly when and to what extent juveniles can be held responsible for their action is a matter requiring careful consideration to avoid substantial erring in either direction. Although some international guiding standards and principles have been established, these are rather broad and unable to provide specific prescriptions. In addition, the assessment of criminal capacity in juveniles is a complex task, and one that is not wholly without reliability and validity problems. As in the case of South Africa and a few other countries, mental health specialists are often tasked with conducting developmental assessments to provide courts with expert evidence regarding criminal capacity. This paper examines the concept of criminal capacity in the context of the theory, controversies and challenges that affect this area of psychological focus. PMID:26357915

  20. From Punishment to Education: The International Debate on Juvenile Penal Reform before World War I

    ERIC Educational Resources Information Center

    Fuchs, Eckhardt

    2015-01-01

    The article addresses international efforts at child protection, emphasizing the criminal law on juveniles before 1914, and focuses on key international organizations and their various conferences and congresses. Although there was an institutional divide between welfare in general, child protection and youth crime, the organizations covered…

  1. 7 CFR 1962.49 - Civil and criminal cases.

    Code of Federal Regulations, 2012 CFR

    2012-01-01

    ... its successor agency under Public Law 103-354 rights are recommended, as well as actions relating to... FmHA or its successor agency under Public Law 103-354 Instruction 2012-B (available in any FmHA or its successor agency under Public Law 103-354 office) for criminal investigation. Any questions as...

  2. 7 CFR 1962.49 - Civil and criminal cases.

    Code of Federal Regulations, 2013 CFR

    2013-01-01

    ... its successor agency under Public Law 103-354 rights are recommended, as well as actions relating to... FmHA or its successor agency under Public Law 103-354 Instruction 2012-B (available in any FmHA or its successor agency under Public Law 103-354 office) for criminal investigation. Any questions as...

  3. Criminal Justice: An Upper-Level Social Studies Elective.

    ERIC Educational Resources Information Center

    Eau Claire Area Public Schools, WI.

    This teaching guide outlines an 18 week elective course on criminal justice for use in grades 11 or 12. The course consists of five units and is intended to help students learn about law, crime and law enforcement, courts, corrections, and capital punishment. Throughout the course there is extensive participation of law enforcement and other…

  4. 7 CFR 1962.49 - Civil and criminal cases.

    Code of Federal Regulations, 2014 CFR

    2014-01-01

    ... its successor agency under Public Law 103-354 rights are recommended, as well as actions relating to... FmHA or its successor agency under Public Law 103-354 Instruction 2012-B (available in any FmHA or its successor agency under Public Law 103-354 office) for criminal investigation. Any questions as...

  5. 7 CFR 1962.49 - Civil and criminal cases.

    Code of Federal Regulations, 2011 CFR

    2011-01-01

    ... its successor agency under Public Law 103-354 rights are recommended, as well as actions relating to... FmHA or its successor agency under Public Law 103-354 Instruction 2012-B (available in any FmHA or its successor agency under Public Law 103-354 office) for criminal investigation. Any questions as...

  6. 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?

  7. Criminal Justice and Criminology. Library Research Guide.

    ERIC Educational Resources Information Center

    White, Phillip M.

    This guide to sources for students at San Diego State University who are doing library research in Criminal Justice, Criminology, and related subject areas begins by noting that topics in these areas can be researched in a variety of subject disciplines, including psychology, sociology, law, social work, political science, public administration,…

  8. Monitoring for Criminal Justice Planning Agencies.

    ERIC Educational Resources Information Center

    Waller, John D.; And Others

    The handbook is designed to help State Planning Agencies (SPA, grantees of Federal funds) to develop or improve performance monitoring systems in order to monitor the implementation, operation, and results of the criminal justice projects they support. Such monitoring is required by the Law Enforcement Assistance Administration (LEAA) guidelines.…

  9. Human rights begin at birth: international law and the claim of fetal rights.

    PubMed

    Copelon, Rhonda; Zampas, Christina; Brusie, Elizabeth; Devore, Jacqueline

    2005-11-01

    In the Universal Declaration of Human Rights, the foundation of human rights, the text and negotiating history of the "right to life" explicitly premises human rights on birth. Likewise, other international and regional human rights treaties, as drafted and/or subsequently interpreted, clearly reject claims that human rights should attach from conception or any time before birth. They also recognise that women's right to life and other human rights are at stake where restrictive abortion laws are in place. This paper reviews the International Covenant on Civil and Political Rights, the Convention on the Rights of the Child, and the Convention on the Elimination of All Forms of Discrimination Against Women, the European Convention for the Protection of Human Rights and Fundamental Freedoms, the Inter-American Human Rights Agreements and African Charter on Human and People's Rights in this regard. No one has the right to subordinate another in the way that unwanted pregnancy subordinates a woman by requiring her to risk her own health and life to save her own child. Thus, the long-standing insistence of women upon voluntary motherhood is a demand for minimal control over one's destiny as a human being. From a human rights perspective, to depart from voluntary motherhood would impose upon women an extreme form of discrimination and forced labour.

  10. A paradigm of international environmental law: the case for controlling the transboundary movements of hazardous wastes.

    PubMed

    Asante-Duah, K; Nagy, I V

    2001-06-01

    The production of large quantities of wastes globally has created a commercial activity involving the transfrontier shipments of hazardous wastes, intended to be managed at economically attractive waste-handling facilities located elsewhere. In fact, huge quantities of hazardous wastes apparently travel the world in search of "acceptable" waste management facilities. For instance, within the industrialized countries alone, millions of tonnes of potentially hazardous waste cross national frontiers each year on their way for recycling or to treatment, storage, and disposal facilities (TSDFs) because there is no local disposal capacity for these wastes, or because legal disposal or reuse in a foreign country may be more environmentally sound, or managing the wastes in the foreign country may be less expensive than at home. The cross-boundary traffic in hazardous wastes has lately been under close public scrutiny, however, resulting in the accession of several international agreements and laws to regulate such activities. This paper discusses and analyzes the most significant control measures and major agreements in this new commercial activity involving hazardous wastes. In particular, the discussion recognizes the difficulties with trying to implement the relevant international agreements among countries of vastly different socioeconomic backgrounds. Nonetheless, it is also noted that global environmental agreements will generally be a necessary component of ensuring adequate environmental protection for the world community-and thus a need for the careful implementation of such agreements and regulations.

  11. China's criminal penalty for medical malpractice: too lenient or not?

    PubMed

    Zhu, Sun; Li, Lei; Li, Yuanchao

    2011-05-01

    Although China had greatly improved its health and medical system, the contradiction between arduous medical tasks and insufficient health resources has not been fundamentally resolved. This contradiction raised a large number of legal issues in medical industry. Literatures about these issues are usually published in legal journal, and are not easy accessible to clinicians. We thus provide clinicians a brief introduction to the legal liability of medical malpractice, and describe the debate about the punishment setting of China's medical malpractice crime in detail. Considering the complexity and humanitarian nature of medical practice, legislators set a relative lenient punishment system for medical malpractice crime. But the "aggravating" supporter argued that, judging from criminal jurisprudence, only serious irresponsible medical personnel might face criminal penalty, so severe penalty was not conflict with the humanitarian nature of medical work. They also deemed that, too lenient penalties of this crime had broken the internal harmony of Criminal Law, and violated the basic principles of law. The opponents believed that: although the statutory penalty for medical malpractice crime seemed lenient, the declared sentence was more severe than surrounding areas. And, too severe penalties would not only aggravate the shortage of Chinese medical personnel, but also deteriorate the unbalanced physician-patient relationship. So, they did not agree enhancing the penalty of medical malpractice crime. We propose to add disqualification to the punishment setting of medical malpractice crime, reform the health system more thoroughly. We also hope Chinese governments could encourage medicolegal research. And, from the viewpoint of risk management in health care, we emphasize the role of Medical Professional Liability Insurance system as a powerful tool to prevent medical malpractice.

  12. Transnational criminal organizations and drug trafficking.

    PubMed

    Williams, P; Florez, C

    1994-01-01

    Transnational criminal organizations, particularly drug-trafficking organizations, operate unrestricted across international borders. They are very similar in kind to legitimate transnational corporations in structure, strength, size, geographical range and scope of their operations. Above all other features they engage in unregulated forms of capitalist enterprise. To fully understand transnational criminal organizations it is necessary to examine them as organizations responding to economic opportunities and focus on the factors that influence their emergence. Those factors can be understood as a result of the confluence of opportunities, pressures, incentives and resources at the global and national level. The present article identifies the key environmental factors relevant to the emergence of transnational criminal organizations, and explores the intrinsic relationship between those organizations, their home States and host States. It is those conditions which not only give rise to transnational criminal organizations, but also help to sustain them.

  13. Bio-terrorism, human security and public health: can international law bring them together in an age of globalization?

    PubMed

    Aginam, Obijiofor

    2005-09-01

    Bio-terrorism, the use of a microorganism with the deliberate intent of causing infection, before and since the anthrax attacks in the United States in October 2001, has emerged as a real medical and public health threat. The link between bio-terrorism, human security and public health raises complex questions on the normative trajectories of international law, the mandates of international organizations, and global health governance. In May 2001, the World Health Assembly of the World Health Organization (WHO) passed a resolution entitled "Global Health Security: Epidemic Alert and Response" which inter alia, urged WHO member states to participate actively in the verification and validation of surveillance data and information concerning health emergencies of international concern. This article explores the links between bio-terrorism, human security and public health, and investigates the effectiveness of international legal mechanisms that link them in an age of globalization of public health. The article explores the interaction of WHO's 'soft-law' approaches to global health security, and the 'moribund' negotiations of the verification and monitoring protocol to the Biological Weapons Convention 1972. Can international law link bio-terrorism, public health and human security? Does the WHO collaborate with other international organizations within and outside the United Nations system to develop effective legal and governance approaches to bio-terrorism and global health security? The article concludes that the globalization of public health threats like bio-terrorism requires globalized legal approaches. PMID:16229381

  14. 78 FR 64259 - U.S. Department of State Advisory Committee on Private International Law (ACPIL)-Online Dispute...

    Federal Register 2010, 2011, 2012, 2013, 2014

    2013-10-28

    .... Department of State Advisory Committee on Private International Law (ACPIL)--Online Dispute Resolution (ODR... generic ODR procedural rules for resolution of cross-border electronic commerce disputes. For the reports.../working_groups/3Online_Dispute_Resolution.html . Documents relating to the upcoming session of the...

  15. 77 FR 1972 - U.S. Department of State Advisory Committee on Private International Law (ACPIL)-Online Dispute...

    Federal Register 2010, 2011, 2012, 2013, 2014

    2012-01-12

    .... Department of State Advisory Committee on Private International Law (ACPIL)--Online Dispute Resolution (ODR... State, hereby gives notice that the ACPIL Online Dispute Resolution (ODR) Study Group will hold a public... has been considering, inter alia, ODR procedural rules for resolution of cross-border...

  16. 77 FR 58607 - U.S. Department of State Advisory Committee on Private International Law (ACPIL)-Online Dispute...

    Federal Register 2010, 2011, 2012, 2013, 2014

    2012-09-21

    .... Department of State Advisory Committee on Private International Law (ACPIL)--Online Dispute Resolution (ODR... disputes. The Working Group is in the process of developing generic ODR procedural rules for resolution of... of annexes on guidelines and minimum requirements for online dispute resolution providers...

  17. 77 FR 23318 - U.S. Department of State Advisory Committee on Private International Law (ACPIL); Online Dispute...

    Federal Register 2010, 2011, 2012, 2013, 2014

    2012-04-18

    .... Department of State Advisory Committee on Private International Law (ACPIL); Online Dispute Resolution (ODR... State hereby gives notice that the ACPIL Online Dispute Resolution (ODR) Study Group will hold a public... Working Group is in the process of developing generic ODR procedural rules for resolution of...

  18. 77 FR 31682 - U.S. Department of State Advisory Committee on Private International Law (ACPIL)-Online Dispute...

    Federal Register 2010, 2011, 2012, 2013, 2014

    2012-05-29

    .... Department of State Advisory Committee on Private International Law (ACPIL)--Online Dispute Resolution (ODR... hereby gives notice that the ACPIL Online Dispute Resolution (ODR) Study Group will hold a public meeting... Working Group is in the process of developing generic ODR procedural rules for resolution of...

  19. 78 FR 24783 - U.S. Department of State Advisory Committee on Private International Law (ACPIL)-Online Dispute...

    Federal Register 2010, 2011, 2012, 2013, 2014

    2013-04-26

    .... Department of State Advisory Committee on Private International Law (ACPIL)--Online Dispute Resolution (ODR... generic ODR procedural rules for resolution of cross-border electronic commerce disputes, along with... online dispute resolution providers and arbitrators, substantive legal principles for resolving...

  20. 77 FR 50758 - U.S. Department of State Advisory Committee on Private International Law (ACPIL): Notice of...

    Federal Register 2010, 2011, 2012, 2013, 2014

    2012-08-22

    ... UNIDROIT's draft Principles Regarding the Enforceability of Close-out Netting. Close-out netting is a... organized by UNIDROIT (the International Institute for the Unification of Private Law) produced a draft set... draft principles and background documents are available on the UNIDROIT Web site (...

  1. [Application of the Gompertz mortality law to the prognosis of lifespan shortening due to chronic internal irradiation].

    PubMed

    Panteleev, L I; Shvedov, V L

    1984-01-01

    In experiments on albino rats received strontium 90 in daily doses of 1.85 to 185 kBq/day the regularities of death were studied. It was shown that death of animals exposed to chronic internal radiation followed the Gomperz B. mortality law.

  2. Implications of international law for the treatment of cancer: the Single Convention on Narcotic Drugs and the TRIPS Agreement.

    PubMed

    Liberman, J

    2011-12-01

    The development, manufacture, trade and distribution of medicines all take place within a web of international legal obligations that states have accepted under a range of multilateral, plurilateral and bilateral agreements. International law can operate either to facilitate or hinder access, depending on how it is developed and implemented. This article examines two areas of international law that are relevant to cancer treatment: the international drug control system, which regulates opioid analgesics; and the World Trade Organization's Trade-Related Aspects of Intellectual Property Agreement. This article outlines recent developments in relation to both, including in the activities of the Vienna-based agencies that collectively oversee the implementation of the Single Convention on Narcotic Drugs, and in the negotiation of the recent United Nations General Assembly Political Declaration on Non-communicable Diseases. While underlining the importance of law, this article notes that battles over law should not distract from the importance of other essential efforts to enhance access to medicines within the context of the strengthening of health systems.

  3. 75 FR 58465 - U.S. Department of State Advisory Committee on Private International Law: Notice of Annual Meeting

    Federal Register 2010, 2011, 2012, 2013, 2014

    2010-09-24

    ... developments in a number of areas, e.g., federalism issues in implementing private international law conventions (including the Hague Convention on Choice of Court Agreements, the UNCITRAL E-Commerce and Letter... http://www.nccusl.org . We may, by e-mail, supplement those with additional documents. Please advise...

  4. An Exploration of Virginia Law on Recognition, University Officials, and Perceptions of the International Baccalaureate Diploma Programme

    ERIC Educational Resources Information Center

    Daly, Kimberley

    2012-01-01

    This study investigated how university officials at five public universities in the Commonwealth of Virginia responded in the aftermath of a law concerning credit policies for International Baccalaureate (IB) and Advanced Placement (AP) examinations. Mandated by the Code of Virginia § 23-9.2:3.8, this policy is unique in the area of AP and IB…

  5. 76 FR 6171 - U.S. Department of State Advisory Committee on Private International Law (ACPIL): Public Meeting...

    Federal Register 2010, 2011, 2012, 2013, 2014

    2011-02-03

    ... Conference on Private International Law on the 1980 Hague Child Abduction Convention and the 1996 Hague Child... Abduction Convention. In that regard, the Permanent Bureau of the Hague Conference has circulated to member... questionnaire asks whether member States believe that the a protocol to the Abduction Convention should...

  6. Human rights and bioethics: competitors orallies? The role of international law in shaping the contours of a new discipline.

    PubMed

    Sándor, Judit

    2008-03-01

    Bioethical norms that had constituted only a rather short chapter in the medical curricula are now integrated into universal human rights. This paper seeks to demonstrate the normative convergence between the fields of bioethics and human rights by discussing the recently adopted relevant international documents and some applicable cases from international law. Human rights case law relevant in this emerging legal domain is analyzed with the aim to tackle changes that have occurred in the fields of human rights and bioethics due to the convergence and interdependence between them. Bioethics and human rights are two different systems of norms but bioethics can enrich human rights by extending the traditional catalogue of rights in certain new fields. The theory of human rights nevertheless dictates some discipline in formulating new and new rights. Therefore it offers to bioethics, as an exchange, a more sufficient enforcement mechanism and international recognition.

  7. 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 levels of the…

  8. 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 levels of the…

  9. 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 three…

  10. 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 levels of the…

  11. 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 levels of the…

  12. 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…

  13. 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)

  14. Indian Law Enforcement History.

    ERIC Educational Resources Information Center

    Etheridge, David

    Written as a tribute to American Indian law enforcement officers and the Indian Criminal Justice System, this monographh details the history of the legislative, judicial, financial, and cultural problems associated with the development of Indian law enforcement. Citing numerous court cases, pieces of legislation, and individual and organizational…

  15. 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,…

  16. Fluid flow and heat transfer of a power-law fluid in an internally finned tube with different fin lengths

    NASA Astrophysics Data System (ADS)

    Grabski, Jakub Krzysztof; Kołodziej, Jan Adam

    2016-06-01

    In the paper an analysis of fluid flow and heat transfer of a power-law fluid in an internally finned tube with different fin length is conducted. Nonlinear momentum equation of a power-law fluid flow and nonlinear energy equation are solved using the Picard iteration method. Then on each iteration step the solution of inhomogeneous equation consists of two parts: the general solution and the particular solution. Firstly the particular solution is obtained by interpolation of the inhomogeneous term by means of the radial basis functions and monomials. Then the general solution is obtained using the method of fundamental solutions and by fulfilling boundary conditions.

  17. Criminal responsibility: an action language approach.

    PubMed

    Miller, G H

    1979-05-01

    Traditionally, the propositions of psychiatry are said to be in conflict with those of the law since psychiatry assumes a "psychic determinism" and the law assumes freedom of the will (Stone, 1978). An argument always arises over the insanity defense since it bridges psychiatry and the law. But one may hold that there is nothing intrinsic to psychiatry which requires causally stated propositions. By formulating psychiatric propositions in a different form, specifically by adopting the action language of Roy Schafer (1976a), there need be no incompatibility between psychiatric and legal statements about criminal responsibility.

  18. Developing Educationists as Globally Competent Education Law Researchers for International Interdisciplinary Research: A South African Perspective

    ERIC Educational Resources Information Center

    Beckmann, Johan; Prinsloo, Justus

    2015-01-01

    This article discusses the role of the hybrid field of law education and its status in South Africa. The authors suggest that, in their consideration of education law, it should be understood as the particular collection of legal rules that regulate all activities and relationships in education. These legal rules as applied in education are…

  19. Premenstrual syndrome as a criminal defense.

    PubMed

    Lewis, J W

    1990-10-01

    Premenstrual syndrome may be effective as an affirmative defense to a criminal charge if the defendant can show that (i) she was suffering from premenstrual syndrome at the time the crime was committed; and (ii) because of her condition, either that the criminal act was an involuntary act or that at the time of the criminal act she did not possess the mental state required by law for the commission of a crime. Premenstrual syndrome has been successfully pleaded as a criminal defense in Great Britain but has not been tested in American criminal courts. It may now be possible, however, because of the increase of behavioral, psychological, and physiological studies precisely characterizing premenstrual syndrome and elucidating the necessary criteria for its accurate diagnosis, for the appropriate defendant to assert this defense in an American court. This paper discusses (i) the use of recent scientific data to demonstrate the existence of premenstrual syndrome; (ii) the use of standardized psychological tests or physiological assays to demonstrate that the defendant suffers from premenstrual syndrome; and, (iii) the legal choices to be made and evidentiary hurdles that must be overcome in presenting a premenstrual syndrome defense.

  20. 45 CFR 2540.205 - What documentation must I maintain regarding 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? 2540.205 Section 2540.205 Public Welfare... What documentation must I maintain regarding a National Service Criminal History Check for a covered... Criminal History check (unless precluded by State law) and document in writing that you considered...

  1. 45 CFR 2540.206 - What documentation must I maintain regarding a National Service Criminal History Check for a...

    Code of Federal Regulations, 2013 CFR

    2013-10-01

    ... National Service Criminal History Check for a covered position? 2540.206 Section 2540.206 Public Welfare... What documentation must I maintain regarding a National Service Criminal History Check for a covered... National Service Criminal History Check, unless precluded from doing so by State or Federal law...

  2. 45 CFR 2552.30 - What documentation must I maintain regarding a National Service Criminal History Check?

    Code of Federal Regulations, 2012 CFR

    2012-10-01

    ... National Service Criminal History Check? 2552.30 Section 2552.30 Public Welfare Regulations Relating to... National Service Criminal History Check? You must: (a) Document in writing that you verified the identity... results of the National Service Criminal History check (unless precluded by State law) and document...

  3. 45 CFR 2551.30 - What documentation must I maintain regarding a National Service Criminal History Check?

    Code of Federal Regulations, 2011 CFR

    2011-10-01

    ... National Service Criminal History Check? 2551.30 Section 2551.30 Public Welfare Regulations Relating to... National Service Criminal History Check? You must: (a) Document in writing that you verified the identity... results of the National Service Criminal History check (unless precluded by State law) and document...

  4. 45 CFR 2540.206 - What documentation must I maintain regarding 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? 2540.206 Section 2540.206 Public Welfare... What documentation must I maintain regarding a National Service Criminal History Check for a covered... National Service Criminal History Check, unless precluded from doing so by State or Federal law...

  5. 45 CFR 2540.205 - What documentation must I maintain regarding 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? 2540.205 Section 2540.205 Public Welfare... What documentation must I maintain regarding a National Service Criminal History Check for a covered... Criminal History check (unless precluded by State law) and document in writing that you considered...

  6. 45 CFR 2551.30 - What documentation must I maintain regarding a National Service Criminal History Check?

    Code of Federal Regulations, 2012 CFR

    2012-10-01

    ... National Service Criminal History Check? 2551.30 Section 2551.30 Public Welfare Regulations Relating to... National Service Criminal History Check? You must: (a) Document in writing that you verified the identity... results of the National Service Criminal History check (unless precluded by State law) and document...

  7. 45 CFR 2552.30 - What documentation must I maintain regarding a National Service Criminal History Check?

    Code of Federal Regulations, 2011 CFR

    2011-10-01

    ... National Service Criminal History Check? 2552.30 Section 2552.30 Public Welfare Regulations Relating to... National Service Criminal History Check? You must: (a) Document in writing that you verified the identity... results of the National Service Criminal History check (unless precluded by State law) and document...

  8. 45 CFR 2551.30 - What documentation must I maintain regarding a National Service Criminal History Check?

    Code of Federal Regulations, 2010 CFR

    2010-10-01

    ... National Service Criminal History Check? 2551.30 Section 2551.30 Public Welfare Regulations Relating to... National Service Criminal History Check? You must: (a) Document in writing that you verified the identity... results of the National Service Criminal History check (unless precluded by State law) and document...

  9. 45 CFR 2552.30 - What documentation must I maintain regarding a National Service Criminal History Check?

    Code of Federal Regulations, 2010 CFR

    2010-10-01

    ... National Service Criminal History Check? 2552.30 Section 2552.30 Public Welfare Regulations Relating to... National Service Criminal History Check? You must: (a) Document in writing that you verified the identity... results of the National Service Criminal History check (unless precluded by State law) and document...

  10. 45 CFR 2540.205 - What documentation must I maintain regarding 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? 2540.205 Section 2540.205 Public Welfare... What documentation must I maintain regarding a National Service Criminal History Check for a covered... Criminal History check (unless precluded by State law) and document in writing that you considered...

  11. Commercial surrogacy: how provisions of monetary remuneration and powers of international law can prevent exploitation of gestational surrogates.

    PubMed

    Ramskold, Louise Anna Helena; Posner, Marcus Paul

    2013-06-01

    Increasing globalisation and advances in artificial reproductive techniques have opened up a whole new range of possibilities for infertile couples across the globe. Inter-country gestational surrogacy with monetary remuneration is one of the products of medical tourism meeting in vitro fertilisation embryo transfer. Filled with potential, it has also been a hot topic of discussion in legal and bioethics spheres. Fears of exploitation and breach of autonomy have sprung from the current situation, where there is no international regulation of surrogacy agreements--only a web of conflicting national laws that generates loopholes and removes safeguards for both the surrogate and commissioning couple. This article argues the need for evidence-based international laws and regulations as the only way to resolve both the ethical and legal issues around commercial surrogacy. In addition, a Hague Convention on inter-country surrogacy agreements is proposed to resolve the muddled state of affairs and enable commercial surrogacy to demonstrate its full potential.

  12. 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.

  13. The emergence of international terrorism and technological changes: have these changes made the Law of Armed Conflict obsolete?

    PubMed

    Kaar, Jason F

    2007-12-01

    The Geneva Conventions of 1949, the primary basis of the present Law of Armed Conflict, are primarily a reaction to past wars, including World War II. Since 1949, armed conflict had evolved from large armies controlled by nations to fighting by nations, groups, and organization, and are fought both nationally and internationally. This article explores some of the difficulties as a result of these changes. PMID:18214131

  14. The emergence of international terrorism and technological changes: have these changes made the Law of Armed Conflict obsolete?

    PubMed

    Kaar, Jason F

    2007-12-01

    The Geneva Conventions of 1949, the primary basis of the present Law of Armed Conflict, are primarily a reaction to past wars, including World War II. Since 1949, armed conflict had evolved from large armies controlled by nations to fighting by nations, groups, and organization, and are fought both nationally and internationally. This article explores some of the difficulties as a result of these changes.

  15. Claiming comprehensive sex education is a right does not make it so: a close reading of international law.

    PubMed

    Curvino, Melissa; Fischer, Meghan Grizzle

    2014-01-01

    The international community is currently debating whether international law requires States to educate adolescents about their sexuality. Various nongovernmental organizations, United Nations Special Rapporteurs, and treaty-monitoring bodies assert a right to comprehensive sex education, a controversial approach to sex education that arguably encourages adolescents to experiment with their sexuality. This assertion of a right to comprehensive sex education is erroneous and misleading. International human rights are created in two ways: by treaty and by custom. Treaties do not mention comprehensive sex education, or any other form of sex education or training. Custom, found in international consensus documents and other declarations of political will, and confirmed by State practice, holds no universal agreement on sex education. Because neither treaty nor custom creates a right to comprehensive sex education, no such right exists.

  16. Foreign Medical Graduates. Hearing Before the Subcommittee on Immigration, Citizenship, and International Law of the Committee on the Judiciary, House of Representatives on Public Law 94-484, Oversight on Immigration of Foreign Medical Graduates.

    ERIC Educational Resources Information Center

    Congress of the U.S., Washington, DC. House Committee on the Judiciary.

    Hearings before the House Subcommittee on Immigration, Citizenship, and International Law are presented regarding the immigration of foreign medical graduates and the new restrictions placed on their entry into this country under the provision of Title IV of the Health Professions Educational Assistance Act of 1976 (Public Law 94-484). Testimony…

  17. Criminalization of HIV transmission: poor public health policy.

    PubMed

    Cameron, Edwin

    2009-12-01

    Criminalization of HIV transmission and exposure is an ineffective tool for combating AIDS and a costly distraction from programs that we know work--programs such as effective prevention, protection against discrimination, reducing stigma, empowering women and providing access to testing and treatment. In this article, which is based on a public lecture he gave at "From Evidence and Principle to Policy and Action," the 1st Annual Symposium on HIV, Law and Human Rights, held on 12-13 June 2009 in Toronto, Canada, Justice Edwin Cameron analyzes the surge in criminal prosecutions, discusses the role that stigma plays in these prosecutions and makes the case against criminalization.

  18. Criminality and climate change

    NASA Astrophysics Data System (ADS)

    White, Rob

    2016-08-01

    The impacts of climate change imply a reconceptualization of environment-related criminality. Criminology can offer insight into the definitions and dynamics of this behaviour, and outline potential areas of redress.

  19. INSANITY AND CRIMINAL OFFENDERS. SOME COMMENTS ON THE REPORT OF GOVERNOR'S SPECIAL COMMISSIONS ON INSANITY AND CRIMINAL OFFENDERS.

    PubMed

    MCGAUGHEY, W M

    1963-11-01

    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.

  20. 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.

  1. Without thinking: impulsive aggression and criminal responsibility.

    PubMed

    Shuman, Daniel W; Gold, Liza H

    2008-01-01

    In the U.S. the decision to impose criminal responsibility rests on an assumption about the defendant's decision to engage in proscribed conduct. We punish only those who we believe had the capacity to make a choice. In an increasingly violent world, the criminal law and the assumptions upon which it rests are relentlessly tested. A new generation of neuro-imaging technologies offers to provide insights into structural and functional abnormalities in the brain that may limit the autonomy of many dangerous offenders and unravel the fabric of the criminal justice system. How will the results of these technologies be received by the courts--are they relevant to existing formulations of the prima facie case, the insanity defense, or mitigation of sentence; will changes in the science or the law be required to accommodate this knowledge? The new generation of technologies may appropriately play a role in assessing culpable mental states only if they are also reliable. This short article takes on these and a host of other related questions at the intersection between science, law, and science fiction.

  2. "The ladder of the law has no top and no bottom": how therapeutic jurisprudence can give life to international human rights.

    PubMed

    Perlin, Michael L

    2014-01-01

    In the past two decades, therapeutic jurisprudence (TJ) has become one of the most important theoretical approaches to the law. But, there has, as of yet, been puzzlingly little written about the relationship between TJ and international human rights law. To be sure, there has been some preliminary and exploratory work on the relationship between TJ and international law in general, but virtually nothing on its relationship to international human rights law in a mental disability law context. This paper seeks to focus on this lack of consideration, to speculate as to why that might be, and to offer some suggestions as to how to infuse some new vitality and vigor into this important area of law and social policy. In this article, first, I offer a brief explanation of TJ. Next, I discuss, also briefly, the impact (and the potential future greater impact) of the recently-ratified United Nations Convention on the Rights of Persons with Disabilities (CRPD) on this area. Then, I consider the sparse commentary currently available on the intersection between TJ and international law in general, and will speculate as to why this is so sparse. Then, I offer some thoughts as to the TJ/international human rights law connection, looking specifically at three questions that require far more attention from this perspective (access to counsel, the use of state-sanctioned psychiatry as a tool of political oppression, and the potential redemptive power of the CRPD), and describe a research agenda that scholars might turn to in furtherance of the investigation of the relationships between therapeutic jurisprudence, international human rights law and mental disability law. I conclude by calling on scholars, activists, advocates and practitioners to begin to take this connection seriously in their future work.

  3. "The ladder of the law has no top and no bottom": how therapeutic jurisprudence can give life to international human rights.

    PubMed

    Perlin, Michael L

    2014-01-01

    In the past two decades, therapeutic jurisprudence (TJ) has become one of the most important theoretical approaches to the law. But, there has, as of yet, been puzzlingly little written about the relationship between TJ and international human rights law. To be sure, there has been some preliminary and exploratory work on the relationship between TJ and international law in general, but virtually nothing on its relationship to international human rights law in a mental disability law context. This paper seeks to focus on this lack of consideration, to speculate as to why that might be, and to offer some suggestions as to how to infuse some new vitality and vigor into this important area of law and social policy. In this article, first, I offer a brief explanation of TJ. Next, I discuss, also briefly, the impact (and the potential future greater impact) of the recently-ratified United Nations Convention on the Rights of Persons with Disabilities (CRPD) on this area. Then, I consider the sparse commentary currently available on the intersection between TJ and international law in general, and will speculate as to why this is so sparse. Then, I offer some thoughts as to the TJ/international human rights law connection, looking specifically at three questions that require far more attention from this perspective (access to counsel, the use of state-sanctioned psychiatry as a tool of political oppression, and the potential redemptive power of the CRPD), and describe a research agenda that scholars might turn to in furtherance of the investigation of the relationships between therapeutic jurisprudence, international human rights law and mental disability law. I conclude by calling on scholars, activists, advocates and practitioners to begin to take this connection seriously in their future work. PMID:24780300

  4. Determination of Henry’s Law Constants Using Internal Standards with Benchmark Values

    EPA Science Inventory

    It is shown that Henry’s law constants can be experimentally determined by comparing headspace content of compounds with known constants to interpolate the constants of other compounds. Studies were conducted over a range of water temperatures to identify temperature dependence....

  5. The business of human embryonic stem cell research and an international analysis of relevant laws.

    PubMed

    De Trizio, Ella; Brennan, Christopher S

    2004-01-01

    Few sciences have held out such therapeutic promise and correspondingly stirred so much controversy in countries throughout the world as the developing science surrounding human embryonic stem cells. Since the first reported development of several lines of human embryonic stem cells in 1988, many governments around the world have attempted to address the thorny ethical issues raised by human embryonic stem cell research by the passage of laws. In some cases these laws have directly regulated governmental funding of the science; in other cases they have created a legal environment that has either encouraged or discouraged both governmental and private funding of the science. This article first differentiates human embryonic stem cells from other types of stem cells and frames the ethical controversy surrounding human embryonic stem cell research, then surveys laws governing human embryonic stem cell research in various scientifically advanced countries located throughout the Pacific Rim, Europe and North America and explains the impact these laws have had on governmental and private funding of human embryonic stem cell research.

  6. Access to generic antiretrovirals: inequality, intellectual property law, and international trade agreements.

    PubMed

    Castro, Arachu; Westerhaus, Michael

    2007-01-01

    The governments of numerous low- and middle-income countries are currently instituting rules that strengthen changes in domestic intellectual property legislation, often made to conform to the mandates of "free" trade agreements signed with the United States. These measures frequently include intellectual property provisions that extend beyond the patent law standards agreed upon in recent World Trade Organization negotiations, which promised to balance the exigencies of public health and patent holders. In this paper, we analyze the concern that this augmentation of patent law standards will curtail access to essential medicines, particularly as they relate to the AIDS pandemic. We critically examine the potential threats posed by trade agreements vis-à-vis efforts to provide universal access to antiretroviral medications and contend that the conditioning of economic development upon the strengthening of intellectual property law demands careful attention when public health is at stake. Finally, we examine advocacy successes in challenging patent law and conclude that greater advocacy and policy strategies are needed to ensure the protection of global health in trade negotiations.

  7. [Criminality in a birth cohort].

    PubMed

    Wolfgang, M E

    1975-01-01

    Beginning with a group of approximately 10,000 boys born in 1945 who lived in Philadelphia from at least ages ten through seventeen, the Center for Studies in Criminology and Criminal Law, University of Pennsylvania has engaged in a longitudinal analysis of the delinquency of the birth cohort. The first publication which examines the dynamic flow of delinquency committed by 3500 of the boys was published by the University of Chicago Press in 1972 and is entitled Delinquency in a Birth Cohort. This study is the first in the United States to establish a base line of delinquency probabilities and to analyze the types of delinquency committed over time, with the recording of the seriousness of each of the 10,000 acts committed by the 3500 boys. The seriousness scores were derived from the earlier work by Sellin and Wolfgang, entitle The Measurement of Delinquency. A stochastic model was used to analyze the delinquent patterns and one of the major conclusions, at least up to age eighteen, was that there was no specific delinquency specialization by type of offense. Moreover, after the third offense, the probabilities of desistence, or refraining from further delinquent acts, remained stable, thus indicating that the most propitious point for social intervention would be after the third offense rather than at some time prior to the onset of delinquency or even after the first or second offense-offenses which are usually of a very minor character. The Center for Studies in Criminology and Criminal Law has continued to follow up a ten per cent sample of the original birth cohort by interviewing them to obtain additional social psychological dynamic features of their background, of the situations involving their first and last delinquencies, and of their adult careers. The follow-up indicates thus far that approximately 12 per cent new cases of criminality appeared, thus adding to the original 35 per cent of the birth cohort who had a delinquency record. The study will

  8. Mental disorder and criminality in Canada.

    PubMed

    Moran, James E

    2014-01-01

    This article examines the relationship between mental disorder and criminality in Canada from the colonial period to the landmark 1992 Mental Disorder Amendments that followed the passing of Bill C-30. The history of this relationship has been shaped by longstanding formal and informal systems of social regulation, by the contests of federal-provincial jurisdiction, by changing trends in the legal and psychiatric professions, and by amendments to the federal Criminal Code. A study of these longer-term features demonstrates that there has been no linear path of progress in Canada's response to mentally unwell offenders. Those caught in the web of crime and mental disorder have been cast and recast over the past 150 years by the changing dynamics of criminal law, psychiatry, and politics. A long historical perspective suggests how earlier and more contemporary struggles over mental disorder and criminality are connected, how these struggles are bound by historical circumstance, and how a few relatively progressive historical moments emerging from these struggles might be recovered, and theorized to advantage.

  9. Peer Mentoring for International Students in a UK Law School: Lessons from a Pilot Case Study

    ERIC Educational Resources Information Center

    Ragavan, Shamini K.

    2014-01-01

    This qualitative study discusses the impact of a support network for international students of culturally diverse backgrounds using a peer mentoring scheme. The scheme focused on facilitating cultural integration in the international student community in Newcastle and sought to engender a cooperative community among new students. Data obtained…

  10. The Council of Europe Convention on Human Rights and Biomedicine: a new look at international biomedical law and ethics.

    PubMed

    Salako, Solomon E

    2008-06-01

    The Council of Europe Convention on Human Rights and Biomedicine is European in conception but has a wider territorial application since non-Member States which have participated in its elaboration may sign it. This article evaluates the Convention as the first legally binding international biomedical law and ethics document to uphold human dignity as a fundamental concept and to provide a legal framework for societies with different sociocultural and philosophical backgrounds. It is argued that such a legal framework must be underpinned by a monist-naturalist conception of justice privileging human dignity as one of its guiding principles.

  11. State of the nation: therapeutic jurisprudence and the evolution of the right of self-determination in international law.

    PubMed

    Cooper, J M

    1999-01-01

    This article expands the scope of the therapeutic jurisprudence enterprise and applies the concept at a collective global level. The right of self-determination, arguably the most important and certainly the most controversial part of international law, is examined through the lens of therapeutic jurisprudence. By detailing the manner in which nations move towards their goal of statehood, this article opens up dialogue about collective healing, shared memory and alternative approaches to autonomy. The article poses the question of whether groups of people can share in common delusions, forms of folie a gens.

  12. An exploration of conceptual and temporal fallacies in international health law and promotion of global public health preparedness.

    PubMed

    Bhattacharya, Dhrubajyoti

    2007-01-01

    In February 2007, Indonesia withheld sharing H5N1 viral samples in order to compel the World Health Organization and Member States to guarantee future access to vaccines for States disproportionately burdened by infectious diseases. This article explores conceptual and temporal fallacies in the International Health Regulations (2005) and the Doha Declaration on the TRIPS Agreement and Public Health, as relates to global public health preparedness. Recommendations include adopting laws to facilitate non-pharmaceutical interventions; securing the rights of affected populations; and fostering inter-State collaborations to promote intra-State public health capacity building.

  13. [Health at work: harmonization of terminology, laws and practice with international standards].

    PubMed

    2012-01-01

    The terminology, laws and practice of workers' health protection in Russian Federation are considered in the light of harmonization with documents of WHO, ILO, EU as well as good foreign practice. The proposals are put forward as to functions, structure and staff of workers' health protection units taking into account the new problems and risk factors. Instead of notion "labour protection" the term "health and safety at work" is proposed. PMID:23088017

  14. Almost a revolution: an international perspective on the law of involuntary commitment.

    PubMed

    Appelbaum, P S

    1997-01-01

    To what extent have developments in commitment law around the world paralleled trends in the United States in the last three decades? Although the American emphasis on dangerousness criteria and strigent procedural rights has been echoed in a number of other countries, it has not dominated reform in most nations. The leading alternative has been the 1983 Mental Health Act in England and Wales, with its focus on the "health and safety" of the patient, as well as protection of other persons, and its avoidance of judicial hearings. How have these reforms fared? Extensive data from the United States, and more limited data from other countries, suggest that reforms in general are resisted when they are seen as shifting the focus away from patients' treatment needs. When law fails to reflect widely held moral sentiments, it is molded in practice to conform more closely to those sentiments. It is helpful to recognize that a variety of approaches to mental health law are consistent with reasonable protection of civil liberties in a democratic society. Greater attention to practices in other countries may help reformers expand the menu of options in policy debates.

  15. International Law Has a Role to Play in Addressing Antibiotic Resistance.

    PubMed

    Hoffman, Steven J; Røttingen, John-Arne; Frenk, Julio

    2015-01-01

    If an international legal agreement is needed for any of today's global health challenges, it would be antibiotic resistance (ABR). This challenge is transnational, its solution justifies coercion, tangible benefits are likely to be achieved, and other commitment mechanisms have thus far not been successful. Since addressing ABR depends on near-universal and interdependent collective action across sectors, states should utilize an international legal agreement - which formally represents the strongest commitment mechanism available to them.

  16. 78 FR 76861 - Body-Worn Cameras for Criminal Justice Applications

    Federal Register 2010, 2011, 2012, 2013, 2014

    2013-12-19

    ...The National Institute of Justice (NIJ) is soliciting information on commercially available body-worn cameras (BWCs) marketed for use by criminal justice and law enforcement agencies. These products are also sometimes called officer-worn or wearable cameras. The use of BWCs by criminal justice practitioners (e.g., patrol, corrections, SWAT and other tactical responders) offers potential......

  17. 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…

  18. 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%…

  19. Commercial surrogacy: how provisions of monetary remuneration and powers of international law can prevent exploitation of gestational surrogates.

    PubMed

    Ramskold, Louise Anna Helena; Posner, Marcus Paul

    2013-06-01

    Increasing globalisation and advances in artificial reproductive techniques have opened up a whole new range of possibilities for infertile couples across the globe. Inter-country gestational surrogacy with monetary remuneration is one of the products of medical tourism meeting in vitro fertilisation embryo transfer. Filled with potential, it has also been a hot topic of discussion in legal and bioethics spheres. Fears of exploitation and breach of autonomy have sprung from the current situation, where there is no international regulation of surrogacy agreements--only a web of conflicting national laws that generates loopholes and removes safeguards for both the surrogate and commissioning couple. This article argues the need for evidence-based international laws and regulations as the only way to resolve both the ethical and legal issues around commercial surrogacy. In addition, a Hague Convention on inter-country surrogacy agreements is proposed to resolve the muddled state of affairs and enable commercial surrogacy to demonstrate its full potential. PMID:23443211

  20. 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,...

  1. Criminal justice procedures in civil commitment.

    PubMed

    Slovenko, R

    1977-11-01

    The actions of federal district courts and state legislatures in recent years have resulted in the growing application of procedures of the criminal justice system to the civil commitment process. Increasingly patients can be confined only if they are dangerous to others, and increasingly due-process procedures of the criminal law are required, to the detriment of the patient's treatment and his survival in the community. The author says that allegations of patients' being railroaded into hospitals are, with few exceptions, fictitious. Abuses thet do exist should be handled through writs of habeas corpus and malpractice suits, remedies much more available now than in the past. The principal abuse in commitment occurs not when patients are admitted, the author believes, but at discharge, when so many patients are turned out into communities that lack proper services for them.

  2. Criminal justice procedures in civil commitment.

    PubMed

    Slovenko, R

    1977-11-01

    The actions of federal district courts and state legislatures in recent years have resulted in the growing application of procedures of the criminal justice system to the civil commitment process. Increasingly patients can be confined only if they are dangerous to others, and increasingly due-process procedures of the criminal law are required, to the detriment of the patient's treatment and his survival in the community. The author says that allegations of patients' being railroaded into hospitals are, with few exceptions, fictitious. Abuses thet do exist should be handled through writs of habeas corpus and malpractice suits, remedies much more available now than in the past. The principal abuse in commitment occurs not when patients are admitted, the author believes, but at discharge, when so many patients are turned out into communities that lack proper services for them. PMID:914239

  3. 76 FR 2852 - Rewards and Awards for Information Relating to Violations of Internal Revenue Laws

    Federal Register 2010, 2011, 2012, 2013, 2014

    2011-01-18

    ... employees of the IRS who review claims under section 7623. DATES: Written or electronic comments and... the detection and bringing to trial and punishment persons guilty of violating the internal revenue... for refund that otherwise would have been paid. 63 FR 44777. Section 301.7623-1(a) was...

  4. The Role and Purposes of Public Schools and Religious Fundamentalism: An International Human Rights Law Perspective

    ERIC Educational Resources Information Center

    Hodgson, Douglas Charles

    2012-01-01

    The question of what are today the legitimate and proper role and purposes of public schools can only be answered by a close examination and analysis of the human right to education which has been developed by such international organizations as the United Nations and the United Nations Educational, Scientific and Cultural Organization, and by…

  5. 32 CFR 635.15 - Release of law enforcement information furnished by foreign governments or international...

    Code of Federal Regulations, 2012 CFR

    2012-07-01

    ... governments or international organizations is subject to disclosure, unless exempted by AR 25-55, AR 340-21... express pledge of confidentiality as described in AR 25-55 and AR 340-21 (or under an implied pledge of... outlined in AR 340-21 and AR 25-55. (2) Information received under an express promise of...

  6. 32 CFR 635.15 - Release of law enforcement information furnished by foreign governments or international...

    Code of Federal Regulations, 2013 CFR

    2013-07-01

    ... governments or international organizations is subject to disclosure, unless exempted by AR 25-55, AR 340-21... express pledge of confidentiality as described in AR 25-55 and AR 340-21 (or under an implied pledge of... outlined in AR 340-21 and AR 25-55. (2) Information received under an express promise of...

  7. 32 CFR 635.15 - Release of law enforcement information furnished by foreign governments or international...

    Code of Federal Regulations, 2010 CFR

    2010-07-01

    ... governments or international organizations is subject to disclosure, unless exempted by AR 25-55, AR 340-21... express pledge of confidentiality as described in AR 25-55 and AR 340-21 (or under an implied pledge of... outlined in AR 340-21 and AR 25-55. (2) Information received under an express promise of...

  8. 32 CFR 635.15 - Release of law enforcement information furnished by foreign governments or international...

    Code of Federal Regulations, 2014 CFR

    2014-07-01

    ... governments or international organizations is subject to disclosure, unless exempted by AR 25-55, AR 340-21... express pledge of confidentiality as described in AR 25-55 and AR 340-21 (or under an implied pledge of... outlined in AR 340-21 and AR 25-55. (2) Information received under an express promise of...

  9. 32 CFR 635.15 - Release of law enforcement information furnished by foreign governments or international...

    Code of Federal Regulations, 2011 CFR

    2011-07-01

    ... governments or international organizations is subject to disclosure, unless exempted by AR 25-55, AR 340-21... express pledge of confidentiality as described in AR 25-55 and AR 340-21 (or under an implied pledge of... outlined in AR 340-21 and AR 25-55. (2) Information received under an express promise of...

  10. Teaching Global Law.

    ERIC Educational Resources Information Center

    Wojtan, Linda S.

    1980-01-01

    Addresses problem of American students' limited knowledge of international issues and laws. Provides articles for secondary school students on law around the world, South Africa, Russia, folk law, and alternatives to the adversary system and suggests relevant resources. (KC)

  11. In Search of Global Health Justice: A Need to Reinvigorate Institutions and Make International Law.

    PubMed

    Harmon, Shawn H E

    2015-12-01

    The recent outbreak of Ebola in West Africa has killed thousands of people, including healthcare workers. African responses have been varied and largely ineffective. The WHO and the international community's belated responses have yet to quell the epidemic. The crisis is characteristic of a failure to properly comply with the International Health Regulations 2005. More generally, it stems from a failure of international health justice as articulated by a range of legal institutions and instruments, and it should prompt us to question the state and direction of approaches to the governance of global public health. This paper queries what might be done to lift global public health as a policy arena to the place of prominence that it deserves. It argues that there are at least two critical reasons for the past, present and easily anticipated future failings of the global public health regime. After exploring those, it then articulates a new way forward, identifying three courses of action that might be adopted in realising better health outcomes and global health justice, namely value, institutional and legal reform.

  12. 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…

  13. 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…

  14. 12 CFR 590.101 - State criminal usury statutes.

    Code of Federal Regulations, 2011 CFR

    2011-01-01

    ... 12 Banks and Banking 5 2011-01-01 2011-01-01 false State criminal usury statutes. 590.101 Section 590.101 Banks and Banking OFFICE OF THRIFT SUPERVISION, DEPARTMENT OF THE TREASURY PREEMPTION OF STATE... constitution or laws of any state expressly limiting the rate or amount of interest, discount points,...

  15. 18 CFR 1312.4 - Prohibited acts and criminal penalties.

    Code of Federal Regulations, 2013 CFR

    2013-04-01

    ... 18 Conservation of Power and Water Resources 2 2013-04-01 2012-04-01 true Prohibited acts and criminal penalties. 1312.4 Section 1312.4 Conservation of Power and Water Resources TENNESSEE VALLEY... permit in effect under any other provision of Federal law. (c) Under section (d) of the Act, any...

  16. 46 CFR 10.211 - Criminal record review.

    Code of Federal Regulations, 2014 CFR

    2014-10-01

    ... rehabilitation under paragraph (l) of this section, including applicants with dangerous drug use convictions more... criminal record review is not required for applicants seeking a duplicate MMC under § 10.229. (c... violation of the dangerous drug laws of the United States, the District of Columbia, any State,...

  17. 76 FR 44757 - Blocking Property of Transnational Criminal Organizations

    Federal Register 2010, 2011, 2012, 2013, 2014

    2011-07-27

    ..., 2011. Billing code 3195-W1-P TD27JY11.023 [FR Doc. 2011-19156 Filed 7-26-11; 8:45 am] Billing code 4811... Organizations By the authority vested in me as President by the Constitution and the laws of the United States... significant transnational criminal organizations, such as those listed in the Annex to this order,...

  18. 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

  19. The Daniell cell, Ohm's law, and the emergence of the International System of Units

    NASA Astrophysics Data System (ADS)

    Jayson, Joel S.

    2014-01-01

    Telegraphy originated in the 1830s and 40 s and flourished in the following decades but with a patchwork of electrical standards. Electromotive force was for the most part measured in units of the predominant Daniell cell, but each telegraphy company had their own resistance standard. In 1862, the British Association for the Advancement of Science formed a committee to address this situation. By 1873, they had given definition to the electromagnetic system of units (emu) and defined the practical units of the ohm as 109 emu units of resistance and the volt as 108 emu units of electromotive force. These recommendations were ratified and expanded upon in a series of international congresses held between 1881 and 1904. A proposal by Giovanni Giorgi in 1901 took advantage of a coincidence between the conversion of the units of energy in the emu system (the erg) and in the practical system (the Joule). As it was, the same conversion factor existed between the cgs based emu system and a theretofore undefined MKS system. By introducing another unit X (where X could be any of the practical electrical units), Giorgi demonstrated that a self-consistent MKSX system was tenable without the need for multiplying factors. Ultimately, the ampere was selected as the fourth unit. It took nearly 60 years, but in 1960, Giorgi's proposal was incorporated as the core of the newly inaugurated International System of Units (SI). This article surveys the physics, physicists, and events that contributed to those developments.

  20. Compliance with international standards on patients' rights and implementation of the Law on the Protection of Patients' Rights in the Republic of Macedonia.

    PubMed

    Gerovski, Filip

    2011-06-01

    In 2008, Macedonia adopted the Law on the Protection of Patients' Rights. This was a big step forward in the field of health care and regulation of patients' rights and responsibilities, as well as the rights and responsibilities of the health care providers. The Law introduces some new patients' rights (for example, right to second expert opinion) and new mechanisms for protection of patients' rights (Councilors for protection of patients' rights, Commissions for promotion of patients' rights). As this paper shows, the implementation of this Law is lagging behind. This paper argues that, besides a good law and political will, a continuous promotion of patients' rights and lifelong training of health care professionals is key to achieving promotion and protection of patients' rights in practice. The paper presents the findings from the comparison of the provisions of the Law on the Protection of Patients' Rights and the relevant international documents.

  1. State contexts and the criminalization of marital rape across the United States.

    PubMed

    Jackson, Aubrey L

    2015-05-01

    Spousal exemptions from rape prosecution persist in many US states' criminal codes thereby compromising women's rights to bodily self-control and personhood. Power resources theory-which emphasizes that given limited resources, groups act strategically to achieve goals-and gender stratification perspectives guided an event history analysis of the likelihood of marital rape criminalization in US states between 1978 and 2007. Findings suggest criminalization is influenced by the expected marginal benefit of law reform, women's relative socioeconomic resources, and racial heterogeneity. This research highlights the importance of considering how existing laws, group resources, and intersecting social cleavages influence the expansion of women's rights. PMID:25769868

  2. Conscientious objection to sexual and reproductive health services: international human rights standards and European law and practice.

    PubMed

    Zampas, Christina; Andión-Ibañez, Ximena

    2012-06-01

    The practice of conscientious objection often arises in the area of individuals refusing to fulfil compulsory military service requirements and is based on the right to freedom of thought, conscience and religion as protected by national, international and regional human rights law. The practice of conscientious objection also arises in the field of health care, when individual health care providers or institutions refuse to provide certain health services based on religious, moral or philosophical objections. The use of conscientious objection by health care providers to reproductive health care services, including abortion, contraceptive prescriptions, and prenatal tests, among other services is a growing phenomena throughout Europe. However, despite recent progress from the European Court of Human Rights on this issue (RR v. Poland, 2011), countries and international and regional bodies generally have failed to comprehensively and effectively regulate this practice, denying many women reproductive health care services they are legally entitled to receive. The Italian Ministry of Health reported that in 2008 nearly 70% of gynaecologists in Italy refuse to perform abortions on moral grounds. It found that between 2003 and 2007 the number of gynaecologists invoking conscientious objection in their refusal to perform an abortion rose from 58.7 percent to 69.2 percent. Italy is not alone in Europe, for example, the practice is prevalent in Poland, Slovakia, and is growing in the United Kingdom. This article outlines the international and regional human rights obligations and medical standards on this issue, and highlights some of the main gaps in these standards. It illustrates how European countries regulate or fail to regulate conscientious objection and how these regulations are working in practice, including examples of jurisprudence from national level courts and cases before the European Court of Human Rights. Finally, the article will provide recommendations

  3. HIV / AIDS: not just a matter of statistics. The International Conference on AIDS - Law and Humanity culminates into "New Delhi Declaration and Action Plan on AIDS".

    PubMed

    1996-01-01

    The Indian Ministry of Health and Family Welfare and the Indian Law Institute with the cooperation of UNDP, the World Health Organization (WHO), and other national and international groups organized the International Conference on AIDS--Law and Humanity, held during December 6-10, 1995, in New Delhi, India. The leading speakers focused on the need for a united approach to the HIV/AIDS-related legal issues, which would protect society against the spread of HIV infection and respect the dignity and fundamental human rights of HIV infected persons or those suspected of being HIV infected and their families and friends. All conference participants adopted the New Delhi Declaration and Action Plan on AIDS. The Plan has six principles designed to guide policy makers in developing laws and strategies to help fight against HIV/AIDS. The first principle is that sound and scientific data (not presupposition, prejudice, and stereotypes) should form the basis for all laws and policies on HIV/AIDS. It lays out eight objectives that vary from protection of rights and empowerment of individuals, so that by their cooperation the spread of HIV infection is contained, to allocation of adequate resources for prevention, care, and anti-discrimination efforts. The participants recognized actions that have been or need to be implemented to control HIV/AIDS at the international, national/legislative, executive, and judicial levels. For example, an international action at the international level is expansion of strategies by the High Commissioner for Human Rights for promoting the co-existence of human rights of persons with HIV/AIDS and for containment of the epidemic. The participants resolved to establish both national and international committees to address the national and international implications of HIV/AIDS from the point of view of law and humanity. The international committee should work with UNAIDS, the High Commissioner for Human Rights, WHO, and UNDP.

  4. Some perspectives on criminalization.

    PubMed

    Lamb, H Richard; Weinberger, Linda E

    2013-01-01

    In recently published articles, there has been an underemphasis on the role serious mental illness (SMI) plays in causing persons to be in the criminal justice system. Increasing attention has been paid to other factors, including criminogenic needs. While these needs may be present and contribute to criminal behavior, persons with SMI who are at greatest risk of criminalization are those who are not receiving adequate treatment, structure, social control, and, when necessary, 24-hour care in the mental health system. Cognitive behavioral therapy (CBT) has been used to reduce recidivism for prisoners, including those with SMI, but persons impaired by their untreated psychotic symptoms may not be able to profit from it. The importance of psychiatric treatment must not be underestimated. Moreover, given their current constraints, correctional systems may not be able to continue accepting large numbers of persons with SMI. Many offenders with serious mental illness pose difficult and expensive problems in treatment and management, such as nonadherence to medication, potential for violence, and substance abuse. The mental health system needs to be given more funding and to take more responsibility for these challenging individuals. PMID:23771942

  5. Age and criminal poisonings.

    PubMed

    Stankova, Evgenia; Gesheva, Margarita; Hubenova, Aneta

    2005-01-01

    We present a series of 8 cases of acute combined poisonings, occurred in an identical way in patients over 70 years of age for a period of 6 months. The way of exposure, characteristic of the clinical presentation, complications and the outcome of the intoxications, as well as the therapeutic approach is described. In all of the cases combined drug intoxication with benzodiazepines and opiates have been proved. The impact of the combination of two toxic substances: the first causing rapid and brief suppression of the consciousness and the second, causing prolonged continuation of the already suppressed consciousness, on the clinical course is discussed. The similarities in the circumstances of the exposure, clinical course of the poisonings, the identified toxic substances, lead to the consideration of criminal characteristic of the poisonings. The contact with the corresponding authorities brought off the disclosure of a group of criminals, committed the intentional intoxications with the aim of robbery. Age, with all its various characteristics, has been discussed as a factor for occurrence of criminal poisonings. PMID:16225098

  6. Marine legislation--the ultimate 'horrendogram': international law, European directives & national implementation.

    PubMed

    Boyes, Suzanne J; Elliott, Michael

    2014-09-15

    The EU is a pre-eminent player in sustainable development, adopting more than 200 pieces of legislation that have direct repercussions for marine environmental policy and management. Over five decades, measures have aimed to protect the marine environment by tackling the impact of human activities, but maritime affairs have been dealt with by separate sectoral policies without fully integrating all relevant sectors. Such compartmentalisation has resulted in a patchwork of EU legislation and resultant national legislation leading to a piecemeal approach to marine protection. These are superimposed on international obligations emanating from UN and other bodies and are presented here as complex 'horrendograms' showing the complexity across vertical governance. These horrendograms have surprised marine experts despite them acknowledging the many uses and users of the marine environment. Encouragingly since 2000, the evolution in EU policy has progressed to more holistic directives and here we give an overview of this change.

  7. 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.

  8. Evolution of different dual-use concepts in international and national law and its implications on research ethics and governance.

    PubMed

    Rath, Johannes; Ischi, Monique; Perkins, Dana

    2014-09-01

    This paper provides an overview of the various dual-use concepts applied in national and international non-proliferation and anti-terrorism legislation, such as the Biological and Toxin Weapons Convention, the Chemical Weapons Convention and United Nations Security Council Resolution 1540, and national export control legislation and in relevant codes of conduct. While there is a vast literature covering dual-use concepts in particular with regard to life sciences, this is the first paper that incorporates into such discussion the United Nations Security Council Resolution 1540. In addition, recent developments such as the extension of dual-use export control legislation in the area of human rights protection are also identified and reviewed. The discussion of dual-use concepts is hereby undertaken in the context of human- and/or national-security-based approaches to security. This paper discusses four main concepts of dual use as applied today in international and national law: civilian versus military, peaceful versus non-peaceful, legitimate versus illegitimate and benevolent versus malevolent. In addition, the usage of the term to describe positive technology spin-offs between civilian and military applications is also briefly addressed. Attention is also given to the roles civil society and research ethics may play in the governance of dual-use sciences and technologies.

  9. Evolution of different dual-use concepts in international and national law and its implications on research ethics and governance.

    PubMed

    Rath, Johannes; Ischi, Monique; Perkins, Dana

    2014-09-01

    This paper provides an overview of the various dual-use concepts applied in national and international non-proliferation and anti-terrorism legislation, such as the Biological and Toxin Weapons Convention, the Chemical Weapons Convention and United Nations Security Council Resolution 1540, and national export control legislation and in relevant codes of conduct. While there is a vast literature covering dual-use concepts in particular with regard to life sciences, this is the first paper that incorporates into such discussion the United Nations Security Council Resolution 1540. In addition, recent developments such as the extension of dual-use export control legislation in the area of human rights protection are also identified and reviewed. The discussion of dual-use concepts is hereby undertaken in the context of human- and/or national-security-based approaches to security. This paper discusses four main concepts of dual use as applied today in international and national law: civilian versus military, peaceful versus non-peaceful, legitimate versus illegitimate and benevolent versus malevolent. In addition, the usage of the term to describe positive technology spin-offs between civilian and military applications is also briefly addressed. Attention is also given to the roles civil society and research ethics may play in the governance of dual-use sciences and technologies. PMID:24497004

  10. "It's doom alone that counts": can international human rights law be an effective source of rights in correctional conditions litigation?

    PubMed

    Perlin, Michael L; Dlugacz, Henry A

    2009-01-01

    Over the past three decades, the U.S. judiciary has grown increasingly less receptive to claims by convicted felons as to the conditions of their confinement while in prison. Although courts have not articulated a return to the "hands off" policy of the 1950s, it is clear that it has become significantly more difficult for prisoners to prevail in constitutional correctional litigation. The passage and aggressive implementation of the Prison Litigation Reform Act has been a powerful disincentive to such litigation in many areas of prisoners' rights law. From the perspective of the prisoner, the legal landscape is more hopeful in matters that relate to mental health care and treatment. Here, in spite of a general trend toward more stringent applications of standards of proof and a reluctance to order sweeping, intrusive remedies, some courts have aggressively protected prisoners' rights to be free from "deliberate indifference" to serious medical needs, and to be free from excessive force on the part of prison officials. A mostly hidden undercurrent in some prisoners' rights litigation has been the effort on the part of some plaintiffs' lawyers to look to international human rights doctrines as a potential source of rights, an effort that has met with some modest success. It receives support by the inclination of other courts to turn to international human rights conventions-even in nations where such conventions have not been ratified-as a kind of "best practice" in the area. The recent publication and subsequent ratification (though not, as of yet, by the United States) of the UN Convention on the Rights of Persons with Disabilities (CRPD) may add new support to those using international human rights documents as a basis for litigating prisoners' rights claims. To the best of our knowledge, there has, as of yet, been no scholarly literature on the question of the implications of the CRPD on the state of prisoners' rights law in a U.S. domestic context. In this

  11. International trade law, plain packaging and tobacco industry political activity: the Trans-Pacific Partnership.

    PubMed

    Fooks, Gary; Gilmore, Anna B

    2014-01-01

    Tobacco companies are increasingly turning to trade and investment agreements to challenge measures aimed at reducing tobacco use. This study examines their efforts to influence the Trans-Pacific Partnership (TPP), a major trade and investment agreement which may eventually cover 40% of the world's population; focusing on how these efforts might enhance the industry's power to challenge the introduction of plain packaging. Specifically, the paper discusses the implications for public health regulation of Philip Morris International's interest in using the TPP to: shape the bureaucratic structures and decision-making processes of business regulation at the national level; introduce a higher standard of protection for trademarks than is currently provided under the Agreement on Trade Related Aspects of Intellectual Property Rights; and expand the coverage of Investor-State Dispute Settlement which empowers corporations to litigate directly against governments where they are deemed to be in breach of investment agreements. The large number of countries involved in the TPP underlines its risk to the development of tobacco regulation globally.

  12. International trade law, plain packaging and tobacco industry political activity: the Trans-Pacific Partnership

    PubMed Central

    Fooks, Gary; Gilmore, Anna B

    2014-01-01

    Tobacco companies are increasingly turning to trade and investment agreements to challenge measures aimed at reducing tobacco use. This study examines their efforts to influence the Trans-Pacific Partnership (TPP), a major trade and investment agreement which may eventually cover 40% of the world's population; focusing on how these efforts might enhance the industry's power to challenge the introduction of plain packaging. Specifically, the paper discusses the implications for public health regulation of Philip Morris International's interest in using the TPP to: shape the bureaucratic structures and decision-making processes of business regulation at the national level; introduce a higher standard of protection for trademarks than is currently provided under the Agreement on Trade Related Aspects of Intellectual Property Rights; and expand the coverage of Investor-State Dispute Settlement which empowers corporations to litigate directly against governments where they are deemed to be in breach of investment agreements. The large number of countries involved in the TPP underlines its risk to the development of tobacco regulation globally. PMID:23788606

  13. International trade law, plain packaging and tobacco industry political activity: the Trans-Pacific Partnership.

    PubMed

    Fooks, Gary; Gilmore, Anna B

    2014-01-01

    Tobacco companies are increasingly turning to trade and investment agreements to challenge measures aimed at reducing tobacco use. This study examines their efforts to influence the Trans-Pacific Partnership (TPP), a major trade and investment agreement which may eventually cover 40% of the world's population; focusing on how these efforts might enhance the industry's power to challenge the introduction of plain packaging. Specifically, the paper discusses the implications for public health regulation of Philip Morris International's interest in using the TPP to: shape the bureaucratic structures and decision-making processes of business regulation at the national level; introduce a higher standard of protection for trademarks than is currently provided under the Agreement on Trade Related Aspects of Intellectual Property Rights; and expand the coverage of Investor-State Dispute Settlement which empowers corporations to litigate directly against governments where they are deemed to be in breach of investment agreements. The large number of countries involved in the TPP underlines its risk to the development of tobacco regulation globally. PMID:23788606

  14. Criminal responsibility and solvent exposure.

    PubMed

    Lemmen, C A; Holden, C E; Benedek, E P

    1996-01-01

    This case report contains the history of a man's exposure to benzene, trichloroethylene, and toluene. J suffered acutely from classic symptoms of toxic exposure to these compounds, such as fatigue, clumsiness, staggering, and hematopoietic depression. During his medical hospitalization, he was exposed to further organic insults, such as being treated with medications like Cytoxan and medications to treat an abscess in his right parietal lobe. After the acute exposure and after the abscess had resolved, his functioning on neuropsychological testing was still depressed, as he had a Full Scale IQ of 105, whereas at the time of the forensic evaluation he had a Full Scale IQ of 114. It would therefore appear that he did have some mild deficits when originally discharged from the hospital. While he reported having continual mental status changes at the time of the offense and even at the time of the forensic evaluation, it was not felt that these played a significant role in the commission of the offense. Comprehensive forensic evaluation suggested that psychological reactions to his illness and an underlying personality disorder were more direct contributors to the criminal acts. J was therefore recommended and ultimately found to be responsible for his behavior, according to the law.

  15. The Dutch penal law and homosexual conduct.

    PubMed

    Salden, M

    The history of changes in Dutch penal law regulating homosexual conduct since the 18th century are traced and their effects on homosexual behavior described. Changes in policies and practices regarding enforcement are reviewed. The article discusses the Dutch criminal code of 1886, the criminalization of homosexual contacts involving minors in 1911, the criminalization of male homosexuality from 1941 to 1945, and the progressive relaxation of the law since World War II, resulting in the decriminalization in 1971 of homosexual contacts involving minors and the draft in 1981 for a bill that would prohibit discrimination against homosexuals.

  16. 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.

  17. 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.

  18. [Legal Framework of Autologous Fat Usage in Point-of-Care Treatments in Plastic and Aesthetic Surgery - Risks of Criminal Prosecution and Infringement of Medical Law Due to Pharmaceutical Regulations].

    PubMed

    Faltus, T

    2016-08-01

    The use of autologous fat, especially for (stem) cell-assisted lipotransfer in plastic and aesthetic surgery, has regularly been regarded as the manufacture and application of so called Advanced Therapy Medicinal Products (ATMP). However, the in-house production of such pharmaceuticals at the point-of-care (PoC) in the surgeon's practice is not permitted without an official manufacturing license. Therefore, before beginning such treatments, a pharmaceutical manufacturing license has to be granted to the surgeon to avoid criminal prosecution and negative consequences due to infringement of professional regulations. Because such a license is linked to compliance with GMP standard, in-house manufacturing of such pharmaceuticals also implies extra technical and personnel expenses. The surgeon is obliged to check that the available autologous fat based applications are in compliance with pharmaceutical legislation. Repeated infringements of pharmaceutical regulations are incompatible with medical reliability - a prerequisite for the license to practice medicine. PMID:27547930

  19. Multidimensional Riemann problem with self-similar internal structure. Part II - Application to hyperbolic conservation laws on unstructured meshes

    NASA Astrophysics Data System (ADS)

    Balsara, Dinshaw S.; Dumbser, Michael

    2015-04-01

    Multidimensional Riemann solvers that have internal sub-structure in the strongly-interacting state have been formulated recently (D.S. Balsara (2012, 2014) [5,16]). Any multidimensional Riemann solver operates at the grid vertices and takes as its input all the states from its surrounding elements. It yields as its output an approximation of the strongly interacting state, as well as the numerical fluxes. The multidimensional Riemann problem produces a self-similar strongly-interacting state which is the result of several one-dimensional Riemann problems interacting with each other. To compute this strongly interacting state and its higher order moments we propose the use of a Galerkin-type formulation to compute the strongly interacting state and its higher order moments in terms of similarity variables. The use of substructure in the Riemann problem reduces numerical dissipation and, therefore, allows a better preservation of flow structures, like contact and shear waves. In this second part of a series of papers we describe how this technique is extended to unstructured triangular meshes. All necessary details for a practical computer code implementation are discussed. In particular, we explicitly present all the issues related to computational geometry. Because these Riemann solvers are Multidimensional and have Self-similar strongly-Interacting states that are obtained by Consistency with the conservation law, we call them MuSIC Riemann solvers. (A video introduction to multidimensional Riemann solvers is available on http://www.elsevier.com/xml/linking-roles/text/html". The MuSIC framework is sufficiently general to handle general nonlinear systems of hyperbolic conservation laws in multiple space dimensions. It can also accommodate all self-similar one-dimensional Riemann solvers and subsequently produces a multidimensional version of the same. In this paper we focus on unstructured triangular meshes. As examples of different systems of conservation laws we

  20. 77 FR 75695 - U.S. Department of State Advisory Committee on Private International Law (ACPIL): Notice of...

    Federal Register 2010, 2011, 2012, 2013, 2014

    2012-12-21

    ... pursuant to Public Law 99-399 (Omnibus Diplomatic Security and Antiterrorism Act of 1986), as amended; Public Law 107-56 (USA PATRIOT Act); and Executive Order 13356. The purpose of the collection is...

  1. 76 FR 26333 - U.S. Department of State Advisory Committee on Private International Law (ACPIL); Notice of...

    Federal Register 2010, 2011, 2012, 2013, 2014

    2011-05-06

    ... address, and mailing address. Data from the public is requested pursuant to Public Law 99-399 (Omnibus Act of 1986) as amended; Public Law 107-56 (USA PATRIOT ACT): and Executive Order 13356. The...

  2. 78 FR 64260 - U.S. Department of State Advisory Committee on Private International Law (ACPIL): Public Meeting...

    Federal Register 2010, 2011, 2012, 2013, 2014

    2013-10-28

    ... to Public Law 99-399 (Omnibus Diplomatic Security and Antiterrorism Act of 1986), as amended; Public Law 107-56 (USA PATRIOT Act); and Executive Order 13356. The purpose of the collection is to...

  3. 77 FR 12353 - U.S. Department of State Advisory Committee on Private International Law (ACPIL): Notice of...

    Federal Register 2010, 2011, 2012, 2013, 2014

    2012-02-29

    ... pursuant to Public Law 99-399 (Omnibus Diplomatic Security and Antiterrorism Act of 1986), as amended; Public Law 107-56 (USA PATRIOT Act); and Executive Order 13356. The purpose of the collection is...

  4. 77 FR 75696 - U.S. Department of State Advisory Committee on Private International Law (ACPIL): Public Meeting...

    Federal Register 2010, 2011, 2012, 2013, 2014

    2012-12-21

    ... Public Law 99-399 (Omnibus Diplomatic Security and Antiterrorism Act of 1986), as amended; Public Law 107-56 (USA PATRIOT Act); and Executive Order 13356. The purpose of the collection is to validate...

  5. [The pedophilic criminal].

    PubMed

    Heim, M; Morgner, J

    1985-02-01

    After a review of the literature dealing with pedophilia, the results of an analysis of 100 forensic psychiatric reports dealing with pedophile criminals are described. They show that, except for a few homosexual pedophiles, pedophilia is a pseudoperversion originating from different developmental conditions and, in individual cases, verifiable personality traits. The authors discuss problems involved in the forensic-psychiatric assessment of these delinquents. Attention is drawn to the necessity of purposeful, coordinated further education in this respect to enable the existing considerable discrepancies between forensic-psychiatric evaluation of these and other sexual deviants to be overcome.

  6. 36 CFR 902.57 - Investigatory files compiled for law enforcement purposes.

    Code of Federal Regulations, 2010 CFR

    2010-07-01

    ...) Constitute an unwarranted invasion of personal privacy; (4) Disclose the identity of a confidential source... criminal investigation, or by an agency conducting a lawful national security intelligence...

  7. The Self-Stigma Process in Criminal Offenders

    PubMed Central

    Moore, Kelly E.; Tangney, June P.; Stuewig, Jeffrey B.

    2016-01-01

    Upon conviction, individuals receive the stigmatizing label “criminal offender.” Existing stereotypes about criminal offenders may be integrated into the self-concept, a phenomenon known as self-stigma. In many stigmatized groups, self-stigma is a robust predictor of poor functioning (Livingston & Boyd, 2010; Schomerus et al., 2011). However, little is known about how self-stigma occurs (Corrigan et al., 2006), and there has been limited research with criminal offenders. This study examines a theoretical model of self-stigma in which perceived stigma leads to stereotype agreement, internalized stigma, and then to anticipated stigma. A sample of 203 male jail inmates completed assessments of these constructs just prior to release. Results show a significant indirect path from perceived stigma to stereotype agreement to internalized stigma, but not to anticipated stigma. However, perceived stigma was directly related to anticipated stigma. In conclusion, perceived stigma affects the self through two processes: it indirectly leads to internalized stigma through one avenue, and directly leads to anticipated stigma through a separate avenue. Race, criminal identity, and attitudes toward criminals were examined as moderators. PMID:27761521

  8. A criminal offender introspective report.

    PubMed

    Barnett, O; Barnett, D J

    1975-08-01

    The development of a new scale suitable for research with the criminal offender was described. Based on the factor analysis of an item pool delineating sociopathic personality traits, five factors were derived to compose an 80-item criminal offender introspective report (COIR). PMID:1195092

  9. Drug Use and Criminal Behavior

    ERIC Educational Resources Information Center

    Fink, Ludwig; Hyatt, Murray P.

    1978-01-01

    An overview of addiction and crime is presented. Crimes of violence and sex crimes are contrasted with non-violent criminal behavior when drug-connected. It is suggested that alternative methods of dealing with drug abuse and criminal behavior be explored, and that several previously discarded methods be re-examined. (Author)

  10. Criminal investigator stress: symptoms, syndromes, and practical coping strategies.

    PubMed

    Miller, Laurence

    2009-01-01

    Without the skill and dedication of criminal investigators, there could literally be no criminal justice system. This group of law enforcement professionals has its own special needs and requires its own special kind of support. The present article describes the special stresses and challenges of homicide and sex crime investigators, and the range of responses shown by these officers. Recommendations are provided for the proper selection and training of investigators, and the personal and professional characteristics of successful investigators are outlined. A variety of stress-coping strategies are then described, some developed by the officers themselves, others with the aid of mental health consultants. The importance of professionalism as a key feature of high-quality investigative work is highlighted, and the ways in which criminal investigators can best access the services of mental health clinicians for their own psychological well-being are discussed.

  11. 28 CFR 20.24 - State laws on privacy and security.

    Code of Federal Regulations, 2012 CFR

    2012-07-01

    ... Section 20.24 Judicial Administration DEPARTMENT OF JUSTICE CRIMINAL JUSTICE INFORMATION SYSTEMS State and 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,...

  12. 28 CFR 20.24 - State laws on privacy and security.

    Code of Federal Regulations, 2013 CFR

    2013-07-01

    ... Section 20.24 Judicial Administration DEPARTMENT OF JUSTICE CRIMINAL JUSTICE INFORMATION SYSTEMS State and 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,...

  13. 28 CFR 20.24 - State laws on privacy and security.

    Code of Federal Regulations, 2014 CFR

    2014-07-01

    ... Section 20.24 Judicial Administration DEPARTMENT OF JUSTICE CRIMINAL JUSTICE INFORMATION SYSTEMS State and 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,...

  14. 28 CFR 20.24 - State laws on privacy and security.

    Code of Federal Regulations, 2011 CFR

    2011-07-01

    ... Section 20.24 Judicial Administration DEPARTMENT OF JUSTICE CRIMINAL JUSTICE INFORMATION SYSTEMS State and 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,...

  15. 24 CFR 882.518 - Denial of admission and termination of assistance for criminals and alcohol abusers.

    Code of Federal Regulations, 2012 CFR

    2012-04-01

    ... attempt to commit a crime, that is a felony under the laws of the place from which the individual flees...) Requirement to deny admission—(1) Prohibiting admission of drug criminals. (i) The PHA must prohibit admission... household member's federally assisted housing tenancy has been terminated for drug-related criminal...

  16. 24 CFR 882.518 - Denial of admission and termination of assistance for criminals and alcohol abusers.

    Code of Federal Regulations, 2013 CFR

    2013-04-01

    ... attempt to commit a crime, that is a felony under the laws of the place from which the individual flees...) Requirement to deny admission—(1) Prohibiting admission of drug criminals. (i) The PHA must prohibit admission... household member's federally assisted housing tenancy has been terminated for drug-related criminal...

  17. 24 CFR 882.518 - Denial of admission and termination of assistance for criminals and alcohol abusers.

    Code of Federal Regulations, 2010 CFR

    2010-04-01

    ... attempt to commit a crime, that is a felony under the laws of the place from which the individual flees...) Requirement to deny admission—(1) Prohibiting admission of drug criminals. (i) The PHA must prohibit admission... household member's federally assisted housing tenancy has been terminated for drug-related criminal...

  18. 24 CFR 882.518 - Denial of admission and termination of assistance for criminals and alcohol abusers.

    Code of Federal Regulations, 2011 CFR

    2011-04-01

    ... attempt to commit a crime, that is a felony under the laws of the place from which the individual flees...) Requirement to deny admission—(1) Prohibiting admission of drug criminals. (i) The PHA must prohibit admission... household member's federally assisted housing tenancy has been terminated for drug-related criminal...

  19. Craziness and criminal responsibility.

    PubMed

    Morse, S J

    1999-01-01

    This article addresses why mental disorder is relevant to criminal responsibility. It begins by considering the meaning of criminal responsibility because it is impossible to understand the relevance of mental disorder unless one understands responsibility clearly. The next section provides a theoretical account of responsibility and excuse in general and addresses common misconceptions about these topics. The third section examines in detail why mental disorder can sometimes produce either a complete or partial excusing condition, such as legal insanity or "partial responsibility," and whether the U.S. Constitution requires the provision of an excuse based on mental disorder. The section proposes that mental disorder should produce an excusing condition in appropriate cases. The next section considers the relation of mental disorder to mens rea, the mental state "element" that is a definitional criterion of most crimes, and whether the U.S. Constitution requires that defendants be permitted to use evidence of mental disorder to negate mental state elements of the crime charged. This section argues that mental disorder rarely negates mens rea, but in those cases in which a plausible claim for negation could be made, defendants should be allowed to make this claim.

  20. Avoiding criminal liabilities

    SciTech Connect

    Blattner, J.W. ); Bramble, G.M. )

    1994-06-01

    Armed with more than 120 investigative agents, the US Environmental Protection Agency, through its attorneys at the Dept. of Justice, charges 5 to 10 engineers and business people with criminal violations of the nation's environmental regulations in any given week. There are some 10,000 pages of federal (let alone state) environmental regulations. The rules apply to large and small companies alike. As a practical matter, the sheer scope and complexity of environmental regulatory programs make 100% compliance virtually unattainable for most industrial enterprises. Where it is no longer a defense to claim lack of knowledge of one's regulatory obligations, and where courts allow the inference of criminal knowledge based on what the defendant should have known, what is a company to do The environmental audit provides a solution to this problem. Progressive audit programs are established with three goals in mind: to ensure that programs and practices at facilities are in compliance with applicable rules and regulations; to affirm that management systems are in place at the facilities to support ongoing compliance; and to identify needs or opportunities where it may be desirable to go beyond compliance to protect human health and the environment. This paper discusses the implementation of an audit program.

  1. 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.

  2. 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...

  3. 49 CFR 1542.217 - Law enforcement personnel.

    Code of Federal Regulations, 2012 CFR

    2012-10-01

    ... 49 Transportation 9 2012-10-01 2012-10-01 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...

  4. National Institute for Citizen Education in the Law Materials List.

    ERIC Educational Resources Information Center

    National Inst. for Citizen Education in the Law, Washington, DC.

    This catalog lists the books and materials produced by the National Institute for Citizen Education in the Law. The Institute specializes in law-related education, with programs in criminal, family, and consumer law, civics, great historical trials, practical law for prisoners, mock trials, mediation, and human rights. In addition to textbooks,…

  5. The use of depleted uranium ammunition under contemporary international law: is there a need for a treaty-based ban on DU weapons?

    PubMed

    Borrmann, Robin

    2010-01-01

    This article examines whether the use of Depleted Uranium (DU) munitions can be considered illegal under current public international law. The analysis covers the law of arms control and focuses in particular on international humanitarian law. The article argues that DU ammunition cannot be addressed adequately under existing treaty based weapon bans, such as the Chemical Weapons Convention, due to the fact that DU does not meet the criteria required to trigger the applicability of those treaties. Furthermore, it is argued that continuing uncertainties regarding the effects of DU munitions impedes a reliable review of the legality of their use under various principles of international law, including the prohibition on employing indiscriminate weapons; the prohibition on weapons that are intended, or may be expected, to cause widespread, long-term and severe damage to the natural environment; and the prohibition on causing unnecessary suffering or superfluous injury. All of these principles require complete knowledge of the effects of the weapon in question. Nevertheless, the author argues that the same uncertainty places restrictions on the use of DU under the precautionary principle. The paper concludes with an examination of whether or not there is a need for--and if so whether there is a possibility of achieving--a Convention that comprehensively outlaws the use, transfer and stockpiling of DU weapons, as proposed by some non-governmental organisations (NGOs).

  6. 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.

  7. 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. PMID:25939284

  8. "Bad genes" & criminal responsibility.

    PubMed

    González-Tapia, María Isabel; Obsuth, Ingrid

    2015-01-01

    The genetics of the accused is trying to break into the courts. To date several candidate genes have been put forward and their links to antisocial behavior have been examined and documented with some consistency. In this paper, we focus on the so called "warrior gene", or the low-activity allele of the MAOA gene, which has been most consistently related to human behavior and specifically to violence and antisocial behavior. In preparing this paper we had two objectives. First, to summarize and analyze the current scientific evidence, in order to gain an in depth understanding of the state of the issue and determine whether a dominant line of generally accepted scientific knowledge in this field can be asserted. Second, to derive conclusions and put forward recommendations related to the use of genetic information, specifically the presence of the low-activity genotype of the MAOA gene, in modulation of criminal responsibility in European and US courts.

  9. "Bad genes" & criminal responsibility.

    PubMed

    González-Tapia, María Isabel; Obsuth, Ingrid

    2015-01-01

    The genetics of the accused is trying to break into the courts. To date several candidate genes have been put forward and their links to antisocial behavior have been examined and documented with some consistency. In this paper, we focus on the so called "warrior gene", or the low-activity allele of the MAOA gene, which has been most consistently related to human behavior and specifically to violence and antisocial behavior. In preparing this paper we had two objectives. First, to summarize and analyze the current scientific evidence, in order to gain an in depth understanding of the state of the issue and determine whether a dominant line of generally accepted scientific knowledge in this field can be asserted. Second, to derive conclusions and put forward recommendations related to the use of genetic information, specifically the presence of the low-activity genotype of the MAOA gene, in modulation of criminal responsibility in European and US courts. PMID:25708001

  10. Tobacco industry argues domestic trademark laws and international treaties preclude cigarette health warning labels, despite consistent legal advice that the argument is invalid

    PubMed Central

    Crosbie, Eric; Glantz, Stanton A

    2013-01-01

    Objectives To analyse the tobacco industry’s use of international trade agreements to oppose policies to strengthen health warning labels (HWLs). Design A review of tobacco industry documents, tobacco control legislation and international treaties. Results During the early 1990s, the tobacco industry became increasingly alarmed about the advancement of HWLs on cigarettes packages. In response, it requested legal opinions from British American Tobacco’s law firms in Australia and England, Britain’s Department of Trade and Industry and the World Intellectual Property Organisation on the legality of restricting and prohibiting the use of their trademarks, as embodied in cigarette packages. The consistent legal advice, privately submitted to the companies, was that international treaties do not shield trademark owners from government limitations (including prohibition) on the use of their trademarks. Despite receiving this legal advice, the companies publicly argued that requiring large HWLs compromised their trademark rights under international treaties. The companies successfully used these arguments as part of their successful effort to deter Canadian and Australian governments from enacting laws requiring the plan packaging of cigarettes, which helped delay large graphic HWLs, including ‘plain’ packaging, for over a decade. Conclusions Governments should not be intimidated by tobacco company threats and unsubstantiated claims, and carefully craft HWL laws to withstand the inevitable tobacco industry lawsuits with the knowledge that the companies’ own lawyers as well as authoritative bodies have told the companies that the rights they claim do not exist. PMID:23179728

  11. 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.

  12. 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. PMID:25980199

  13. Female genital mutilation: new laws, programs try to end practice.

    PubMed

    Chalkley, K

    1997-10-01

    A new US law criminalizes female genital mutilation (FGM) and requires notification of this fact to immigrants from Africa and the Middle East. In addition, US representative to international financial institutions are directed to oppose issuance of foreign aid to countries that lack established educational programs to eradicate FGM. FGM involves a range of procedures characterized by the amount of tissue removed and may be carried out in infants, adolescents, or new mothers. Complications include death, debilitating illness, and increased risk during child birth. FGM is firmly entrenched in countries in sub-Saharan Africa and parts of the Arab peninsula and extends to a few groups in Asia and immigrant populations in developed countries. Most women in an Egyptian study had undergone FGM and justified the practice as a way of reducing sexual desire and, thus, preserving premarital virginity. Many women also consider FGM a religious requirement, but this claim is unsubstantiated. Successful eradication campaigns in Kenya have preserved the social and coming-of-age ritual aspects of the practice while rejecting the physical mutilation, and efforts in Nigeria have focuses on health education. A New York-based group working to eradicate FGM has criticized the new US law because it requires education of affected communities without allocating the necessary funding. The group charges that the new law needs revision to remove criminal liability from family members who may object to a proposed FGM procedure but fail to report or stop it.

  14. The criminalization of domestic violence: what social workers need to know.

    PubMed

    Danis, Fran S

    2003-04-01

    Domestic violence is a crosscutting issue that affects clients seeking social work services. The criminalization of domestic violence refers to efforts to address domestic violence through the passage and enforcement of criminal and civil laws. This article reviews the social science, legal, and criminal justice literature regarding interventions used to stop domestic violence. The theoretical foundations and effectiveness of police interventions, the use of protective orders, prosecution and victim advocacy, court responses, batterers' intervention as a condition of probation, and coordinated community responses to domestic violence are examined. Implications for social work practice are given, along with basic information for assisting clients who are victims of violence in their own homes.

  15. 78 FR 16754 - U.S. Department of State Advisory Committee on Private International Law (ACPIL): Notice of...

    Federal Register 2010, 2011, 2012, 2013, 2014

    2013-03-18

    ... Public Law 99-399 (Omnibus Diplomatic Security and Antiterrorism Act of 1986), as amended; Public Law 107-56 (USA PATRIOT Act); and Executive Order 13356. The purpose of the collection is to validate the....hcch.net/index_en.php?act=text.display&tid=49 . Time and Place: The meeting of the ACPIL Study...

  16. Collateral sanctions for criminal convictions in the Medicare and Medicaid programs.

    PubMed

    Griffith, R A

    1990-01-01

    Under current federal and state laws, physicians convicted of Medicare and Medicaid program-related crimes face numerous possible sanctions that may be imposed in addition to the applicable criminal penalties. In this article, the author describes some of the collateral sanctions that physicians and their attorneys should be aware of in order to make informed decisions concerning the proper defense strategy in a criminal case.

  17. Handedness, criminality, and sexual offending.

    PubMed

    Bogaert, A F

    2001-01-01

    A very large database was used to investigate whether men with a history of criminality and/or sexual offending have a higher incidence of nonright-handedness (NRH) relative to a control sample of nonoffender men. The sample (N>8000) comprised interviews by investigators at the Kinsey Institute for Sex and Reproduction in Indiana. The general offender group and a subsample of sex offenders (e.g. pedophiles) had a significantly higher rate of NRH relative to the control (nonoffender) men. In addition, evidence was found that the general criminality/NRH relationship might result from increased educational difficulties that some nonright-handers experience. In contrast, education was unrelated to the handedness/pedophilia relationship, suggesting that there may be a different mechanism underlying the handedness/pedophile relationship than the handedness/(general) criminality relationship. Finally, as a cautionary note, it is stressed that the effects are small and that NRH should not be used as a marker of criminality.

  18. 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…

  19. Law and Society. CEM Probe, May 1977.

    ERIC Educational Resources Information Center

    Bunker, Peter; Bunker, John

    The pamphlet is one issue of the PROBE series which gives British secondary school youth an overview of social issues and suggests questions for discussion. Information and issues about law and justice in England and Wales are discussed in this issue. Section one explains the differences between criminal law, which is enforced by the police, and…

  20. 45 CFR 5.68 - Exemption seven: Law enforcement.

    Code of Federal Regulations, 2010 CFR

    2010-10-01

    ... category. In certain cases—such as when a fraud investigation is likely—we may refuse to confirm or deny... prejudicial publicity. (c) Personal privacy. We are careful not to disclose information that could reasonably..., has been compiled by a criminal law enforcement authority conducting a criminal investigation,......

  1. [Economic criminality. Problems of definition and lines of research].

    PubMed

    Di Gennaro, G; Vetere, E

    1977-01-01

    After reviewing the many proposed definitions of economic criminality, which are now very numerous in specialized literature, and after considering the various critical attitudes assumed on this point by the most qualified experts on the subject, the Authors state that it is absolutely indispensable to establish an appropriate definition on which an aggreement can be reached. In fact, without such a definition it is impossible to deal with the object of interest and therefore to make any progress with the research, the legislation and the measures necessary for the prevention and repression of economic criminality. If this problem of economic criminality is discussed at the various national and international levels without the aforementioned definition, this is an indication that a popular intuition has been formed which is able to distinguish the object of interest. The most suitable lines of research are indicated in order to establish and clarify the elements of such an intuition which the Authors consider in a hypothetical light.

  2. 77 FR 49851 - U.S. Department of State Advisory Committee on Private International Law (ACPIL): Notice of...

    Federal Register 2010, 2011, 2012, 2013, 2014

    2012-08-17

    ... other information. Personal data are requested pursuant to Public Law 99-399 (Omnibus Diplomatic... Department facilities. The data will be entered into the Visitor Access Control System (VACS-D)...

  3. 77 FR 5292 - U.S. Department of State Advisory Committee on Private International Law (ACPIL): Notice of...

    Federal Register 2010, 2011, 2012, 2013, 2014

    2012-02-02

    ... Antiterrorism Act of 1986), as amended; Public Law 107-56 (USA PATRIOT Act); and Executive Order 13356. The... enact a uniform state act, which would apply in that state in lieu of the federal statute. Key issues...

  4. Bridging international law and rights-based litigation: mapping health-related rights through the development of the Global Health and Human Rights Database.

    PubMed

    Meier, Benjamin Mason; Cabrera, Oscar A; Ayala, Ana; Gostin, Lawrence O

    2012-06-15

    The O'Neill Institute for National and Global Health Law at Georgetown University, the World Health Organization, and the Lawyers Collective have come together to develop a searchable Global Health and Human Rights Database that maps the intersection of health and human rights in judgments, international and regional instruments, and national constitutions. Where states long remained unaccountable for violations of health-related human rights, litigation has arisen as a central mechanism in an expanding movement to create rights-based accountability. Facilitated by the incorporation of international human rights standards in national law, this judicial enforcement has supported the implementation of rights-based claims, giving meaning to states' longstanding obligations to realize the highest attainable standard of health. Yet despite these advancements, there has been insufficient awareness of the international and domestic legal instruments enshrining health-related rights and little understanding of the scope and content of litigation upholding these rights. As this accountability movement evolves, the Global Health and Human Rights Database seeks to chart this burgeoning landscape of international instruments, national constitutions, and judgments for health-related rights. Employing international legal research to document and catalogue these three interconnected aspects of human rights for the public's health, the Database's categorization by human rights, health topics, and regional scope provides a comprehensive means of understanding health and human rights law. Through these categorizations, the Global Health and Human Rights Database serves as a basis for analogous legal reasoning across states to serve as precedents for future cases, for comparative legal analysis of similar health claims in different country contexts, and for empirical research to clarify the impact of human rights judgments on public health outcomes.

  5. Optical disk uses in criminal identification systems

    NASA Astrophysics Data System (ADS)

    Sypherd, Allen D.

    1990-08-01

    A significant advancement in law enforcement tools has been made possible by the rapid and innovative development of electronic imaging for criminal identification systems. In particular, development of optical disks capable of high-capacity and random-access storage has provided a unique marriage of application and technology. Fast random access to any record, non-destructive reading of stored images, electronic sorting and transmission of images and an accepted legal basis for evidence are a few of the advantages derived from optical disk technology. This paper discusses the application of optical disk technology to both Automated Fingerprint Identification Systems (AFIS) and Automated Mugshot Retrieval Systems (AMRS). The following topics are addressed in light of AFIS and AMRS user requirements and system capabilities: Write once vs. rewritable, gray level and storage requirements, multi-volume library systems, data organization and capacity trends.

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

    SciTech Connect

    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)

  7. Drag with external and pressure drop with internal flows: a new and unifying look at losses in the flow field based on the second law of thermodynamics

    NASA Astrophysics Data System (ADS)

    Herwig, Heinz; Schmandt, Bastian

    2013-10-01

    Internal and external flows are characterized by friction factors and drag coefficients, respectively. Their definitions are based on pressure drop and drag force and thus are very different in character. From a thermodynamics point of view in both cases dissipation occurs which can uniformly be related to the entropy generation in the flow field. Therefore we suggest to account for losses in the flow field by friction factors and drag coefficients that are based on the overall entropy generation due to the dissipation in the internal and external flow fields. This second law analysis (SLA) has been applied to internal flows in many studies already. Examples of this flow category are given together with new cases of external flows, also treated by the general SLA-approach.

  8. 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...

  9. 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...

  10. 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...

  11. 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...

  12. 20 CFR 638.805 - Security and law enforcement.

    Code of Federal Regulations, 2011 CFR

    2011-04-01

    ... 20 Employees' Benefits 3 2011-04-01 2011-04-01 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...

  13. Neurologic disorder and criminal responsibility.

    PubMed

    Yaffe, Gideon

    2013-01-01

    Sufferers from neurologic and psychiatric disorders are not uncommonly defendants in criminal trials. This chapter surveys a variety of different ways in which neurologic disorder bears on criminal responsibility. It discusses the way in which a neurologic disorder might bear on the questions of whether or not the defendant acted voluntarily; whether or not he or she was in the mental state that is required for guilt for the crime; and whether or not he or she is deserving of an insanity defense. The discussion demonstrates that a just determination of whether a sufferer from a neurologic disorder is diminished in his or her criminal responsibility for harmful conduct requires equal appreciation of the nature of the relevant disorder and its impact on behavior, on the one hand, and of the legal import of facts about the psychologic mechanisms through which behavior is generated, on the other.

  14. Neurologic disorder and criminal responsibility.

    PubMed

    Yaffe, Gideon

    2013-01-01

    Sufferers from neurologic and psychiatric disorders are not uncommonly defendants in criminal trials. This chapter surveys a variety of different ways in which neurologic disorder bears on criminal responsibility. It discusses the way in which a neurologic disorder might bear on the questions of whether or not the defendant acted voluntarily; whether or not he or she was in the mental state that is required for guilt for the crime; and whether or not he or she is deserving of an insanity defense. The discussion demonstrates that a just determination of whether a sufferer from a neurologic disorder is diminished in his or her criminal responsibility for harmful conduct requires equal appreciation of the nature of the relevant disorder and its impact on behavior, on the one hand, and of the legal import of facts about the psychologic mechanisms through which behavior is generated, on the other. PMID:24182391

  15. 31 CFR 100.13 - Criminal penalties.

    Code of Federal Regulations, 2010 CFR

    2010-07-01

    ... CURRENCY AND COIN Exchange of Coin § 100.13 Criminal penalties. Criminal penalties connected with the defacement or mutilation of U.S. coins are provided in the United States Code, Title 18, section 331....

  16. 31 CFR 100.13 - Criminal penalties.

    Code of Federal Regulations, 2011 CFR

    2011-07-01

    ..., DEPARTMENT OF THE TREASURY EXCHANGE OF PAPER CURRENCY AND COIN Exchange of Coin § 100.13 Criminal penalties. Criminal penalties connected with the defacement or mutilation of U.S. coins are provided in the...

  17. IFLA General Conference, 1985. International Association of Law Libraries (IALL) Round-Table on Access to Information in International Legal Research. Papers.

    ERIC Educational Resources Information Center

    International Federation of Library Associations, The Hague (Netherlands).

    Papers on international access to information pertaining to legal research, which were presented at the 1985 conference of the International Federation of Library Associations (IFLA) include: (1) "Materials of European Intergovernmental Organizations and Their Accessibility through Available Research Tools" (Irene Berkey, Northwestern University…

  18. Patient-reported outcomes instruments: bridging the gap between international copyright laws and common practice for developers and users--a case example.

    PubMed

    Anfray, Caroline

    2009-12-01

    Copyright laws are intended to protect the rights of authors in their literary, scientific, and artistic works. The recent controversy about the standardized version of the Asthma Quality of Life Questionnaire between Elizabeth Juniper and Eirini Grammatopoulou et al. is an example of the difficulties inherent to copyright faced by developers and users of patient-reported outcome (PRO) instruments. This brief communication presents the basics of international copyright laws (i.e., the Berne Convention), the facts behind the controversy, and our analysis of the case based on our experience as a distributing center of PRO instruments. We conclude that better communication between developers and users would prevent most unfortunate complications and misunderstandings.

  19. Cross-National Variations in Student Employment and Academic Performance: The Roles of National Context and International Law*

    PubMed Central

    Byun, Soo-yong; Henck, Adrienne; Post, David

    2014-01-01

    Most existing research indicates that working students perform more poorly than do full-time students on standardized achievement tests. However, we know there are wide international variations in this gap. This article shows that national and international contexts help to explain the gap in the academic performance between working and non-working middle-school students. We combined data from the 2003 Trends in International Mathematics and Science Study (TIMSS) eighth-grade assessment with the country specific information on socioeconomic and educational conditions, as well as the timing of each country's ratification of an international treaty regulating child labor. Our multilevel analyses show that, while student employment was generally negatively associated with academic performance, this negative association is smaller in countries that by 1995 had ratified the International Labour Organization's Convention No. 138 on child labor. These findings highlight the role of national and international policy in structuring the consequences of student employment for academic performance. PMID:25632163

  20. Intellectual Property Law as an Internal Limit on Intellectual Property Rights and Autonomous Source of Liability for Intellectual Property Owners

    ERIC Educational Resources Information Center

    Judge, Elizabeth F.

    2007-01-01

    This article considers the interplay between intellectual property rights and classic property rights raised by Hoffman v. Monsanto (2005) and advances the idea that intellectual property law can serve as an autonomous source of liability for intellectual property owners. The article develops the conceptual advantages of demarcating physical and…

  1. Clinical neuropsychology in the criminal forensic setting.

    PubMed

    Denney, R L; Wynkoop, T F

    2000-04-01

    This article reviews the application of clinical neuropsychology to criminal court proceedings, a complex, underserved, yet growing area of neuropsychological practice. The authors write from the perspective that the audience is primarily neurorehabilitation clinicians with limited experience in criminal matters. Discussions on the theoretical differences between clinical and forensic work, the forensic evaluation process with conceptual model, historical and current perspectives on criminal competencies and responsibility, prediction of dangerousness, and professional and ethical issues often encountered in criminal neuropsychology are provided.

  2. Pathological gambling and criminal responsibility.

    PubMed

    Rachlin, S; Halpern, A L; Portnow, S L

    1986-01-01

    There exists significant interdisciplinary support for eliminating the volitional component of the insanity defense. Somewhat in contrast to this trend is the presentation of pathological gambling as a potentially exculpatory condition in criminal trials. The authors discuss three federal appellate court decisions on this attempted inappropriate usage of psychiatric diagnostic nomenclature. All have upheld convictions, and thereby rejected contentions that such an impulse disorder can form the basis for a valid plea of lack of criminal responsibility. It is suggested that the public interest will be served by statutorily making disturbances of behavioral control insufficient to raise a defense of insanity.

  3. Legal regime of human activities in outer space law

    NASA Technical Reports Server (NTRS)

    Golda, Carlo

    1994-01-01

    Current developments in space activities increasingly involve the presence of humans on board spacecraft and, in the near future, on the Moon, on Mars, on board Space Stations, etc. With respect to these challenges, the political and legal issues connected to the status of astronauts are largely unclear and require a new doctrinal attention. In the same way, many legal and political questions remain open in the structure of future space crews: the need for international standards in the definition and training of astronauts, etc.; but, first of all, an international uniform legal definition of astronauts. Moreover, the legal structure for human life and operations in outer space can be a new and relevant paradigm for the definition of similar rules in all the situations and environments in which humans are involved in extreme frontiers. The present article starts from an overview on the existing legal and political definitions of 'astronauts', moving to the search of a more useful definition. This is followed by an analysis of the concrete problems created by human space activities, and the legal and political responses to them (the need for a code of conduct; the structure of the crew and the existing rules in the US and ex-USSR; the new legal theories on the argument; the definition and structure of a code of conduct; the next legal problems in fields such as privacy law, communications law, business law, criminal law, etc.).

  4. 10 CFR 76.133 - Criminal penalties.

    Code of Federal Regulations, 2012 CFR

    2012-01-01

    ... 10 Energy 2 2012-01-01 2012-01-01 false Criminal penalties. 76.133 Section 76.133 Energy NUCLEAR REGULATORY COMMISSION (CONTINUED) CERTIFICATION OF GASEOUS DIFFUSION PLANTS Enforcement § 76.133 Criminal penalties. (a) Section 223 of the Atomic Energy Act of 1954, as amended, provides for criminal sanctions...

  5. 10 CFR 76.133 - Criminal penalties.

    Code of Federal Regulations, 2010 CFR

    2010-01-01

    ... 10 Energy 2 2010-01-01 2010-01-01 false Criminal penalties. 76.133 Section 76.133 Energy NUCLEAR REGULATORY COMMISSION (CONTINUED) CERTIFICATION OF GASEOUS DIFFUSION PLANTS Enforcement § 76.133 Criminal penalties. (a) Section 223 of the Atomic Energy Act of 1954, as amended, provides for criminal sanctions...

  6. 10 CFR 76.133 - Criminal penalties.

    Code of Federal Regulations, 2013 CFR

    2013-01-01

    ... 10 Energy 2 2013-01-01 2013-01-01 false Criminal penalties. 76.133 Section 76.133 Energy NUCLEAR REGULATORY COMMISSION (CONTINUED) CERTIFICATION OF GASEOUS DIFFUSION PLANTS Enforcement § 76.133 Criminal penalties. (a) Section 223 of the Atomic Energy Act of 1954, as amended, provides for criminal sanctions...

  7. 10 CFR 76.133 - Criminal penalties.

    Code of Federal Regulations, 2011 CFR

    2011-01-01

    ... 10 Energy 2 2011-01-01 2011-01-01 false Criminal penalties. 76.133 Section 76.133 Energy NUCLEAR REGULATORY COMMISSION (CONTINUED) CERTIFICATION OF GASEOUS DIFFUSION PLANTS Enforcement § 76.133 Criminal penalties. (a) Section 223 of the Atomic Energy Act of 1954, as amended, provides for criminal sanctions...

  8. 10 CFR 76.133 - Criminal penalties.

    Code of Federal Regulations, 2014 CFR

    2014-01-01

    ... 10 Energy 2 2014-01-01 2014-01-01 false Criminal penalties. 76.133 Section 76.133 Energy NUCLEAR REGULATORY COMMISSION (CONTINUED) CERTIFICATION OF GASEOUS DIFFUSION PLANTS Enforcement § 76.133 Criminal penalties. (a) Section 223 of the Atomic Energy Act of 1954, as amended, provides for criminal sanctions...

  9. 10 CFR 55.73 - Criminal penalties.

    Code of Federal Regulations, 2014 CFR

    2014-01-01

    ... 10 Energy 2 2014-01-01 2014-01-01 false Criminal penalties. 55.73 Section 55.73 Energy NUCLEAR REGULATORY COMMISSION (CONTINUED) OPERATORS' LICENSES Enforcement § 55.73 Criminal penalties. (a) Section 223 of the Atomic Energy Act of 1954, as amended, provides for criminal sanctions for willful...

  10. 12 CFR 1807.905 - Criminal provisions.

    Code of Federal Regulations, 2013 CFR

    2013-01-01

    ... 12 Banks and Banking 9 2013-01-01 2013-01-01 false Criminal provisions. 1807.905 Section 1807.905 Banks and Banking COMMUNITY DEVELOPMENT FINANCIAL INSTITUTIONS FUND, DEPARTMENT OF THE TREASURY CAPITAL MAGNET FUND Terms and Conditions of Assistance § 1807.905 Criminal provisions. The criminal provisions...

  11. 12 CFR 1807.905 - Criminal provisions.

    Code of Federal Regulations, 2012 CFR

    2012-01-01

    ... 12 Banks and Banking 9 2012-01-01 2012-01-01 false Criminal provisions. 1807.905 Section 1807.905 Banks and Banking COMMUNITY DEVELOPMENT FINANCIAL INSTITUTIONS FUND, DEPARTMENT OF THE TREASURY CAPITAL MAGNET FUND Terms and Conditions of Assistance § 1807.905 Criminal provisions. The criminal provisions...

  12. 12 CFR 1807.905 - Criminal provisions.

    Code of Federal Regulations, 2011 CFR

    2011-01-01

    ... 12 Banks and Banking 7 2011-01-01 2011-01-01 false Criminal provisions. 1807.905 Section 1807.905 Banks and Banking COMMUNITY DEVELOPMENT FINANCIAL INSTITUTIONS FUND, DEPARTMENT OF THE TREASURY CAPITAL MAGNET FUND Terms and Conditions of Assistance § 1807.905 Criminal provisions. The criminal provisions...

  13. 12 CFR 1807.905 - Criminal provisions.

    Code of Federal Regulations, 2014 CFR

    2014-01-01

    ... 12 Banks and Banking 10 2014-01-01 2014-01-01 false Criminal provisions. 1807.905 Section 1807.905 Banks and Banking COMMUNITY DEVELOPMENT FINANCIAL INSTITUTIONS FUND, DEPARTMENT OF THE TREASURY CAPITAL MAGNET FUND Terms and Conditions of Assistance § 1807.905 Criminal provisions. The criminal provisions...

  14. "Insanity" in civil law.

    PubMed

    Kern, S R

    1986-07-01

    The issue of "insanity" is rarely alluded to in the area of civil law. As a consequence, the legal standard for insanity is not clearly understood by many psychiatrists. The standard derives from case law and is based upon statutory law in the criminal sector. A civil case will be presented where the question of "insanity" was raised. In this case an individual committed suicide and his insurance company refused to pay the beneficiaries of his life insurance policy based upon a provision in his policy that excluded payment in situations of suicide. His beneficiaries sued, claiming that the deceased was insane at the time of his suicide and therefore not responsible for his actions. The standard for insanity in New Jersey and the reasoning of the psychiatrists will be presented.

  15. Cross-National Variations in Student Employment and Academic Performance: The Roles of National Context and International Law

    ERIC Educational Resources Information Center

    Byun, Soo-yong; Henck, Adrienne; Post, David

    2014-01-01

    Most existing research indicates that working students perform more poorly than do full-time students on standardized achievement tests. However, we know there are wide international variations in this gap. This article shows that national and international contexts help to explain the gap in the academic performance between working and nonworking…

  16. Country watch: international.

    PubMed

    Dionne, P

    1998-01-01

    The International Tribunal for Children's Rights (ITCR) was established to conduct individual and public inquiries and propose concrete solutions to violations of children's rights. This article reports on the efforts of the ITCR to enforce extraterritorial laws in response to the international dimension of child sex exploitation. The primary message being advocated is that travelers cannot go to foreign countries to engage in sexual crimes against children, evade criminal prosecution in the countries where the crimes are committed and then expect to return home without any consequences. In its first public hearings held in Paris, France to the address the effectiveness of extraterritorial legislation, governments and nongovernmental organizations informed the ITCR about their attempts to halt child sexual exploitation. Several changes needed to make extraterritorial laws more effective were cited. These include public awareness-raising; supporting existing instruments; application of preventive approaches to child abuse; and sensitizing and motivating judicial, police and administrative authorities to provide for the needs to fight child sex tourism. PMID:12348687

  17. "Blowed off by a side wind"? Coronial inquests following criminal acquittals.

    PubMed

    Aberdeen, John

    2016-03-01

    For three decades, Australian coroners have been moving steadily away from an historical partnership with the criminal law, and have emerged as independent judicial investigators with a dedicated court, and forensic and administrative support structures. Occasionally, however, a situation may arise where the ghosts of coronial law's quasi-criminal past threaten to reappear, to the detriment of the coronial function. One of these situations might develop following an acquittal on a criminal charge which involved the causing of a death. Issues pertaining to a coroner's duty may remain unresolved following criminal proceedings; and the question has to be posed as to whether the result of the previous criminal prosecution restricts or confines, in any way, the scope of permissible findings by a coroner in a later inquest. This article attempts to address this question in the particular context of Queensland law and its historical antecedents--many of which are common to other jurisdictions--in the hope that it might provoke consideration of the underlying practical and theoretical issues to the future benefit of coronial legal theory. PMID:27323637

  18. New President, New Human Embryonic Stem Cell Research Policy: Comparative International Perspectives and Embryonic Stem Cell Research Laws in France*

    PubMed Central

    Drabiak-Syed, By Katherine

    2013-01-01

    Abstract This article provides an overview of French legislative history, Parliamentary debates, and recent amendments in hESC research policy, as well as additional comparisons with laws across the European Union. Unlike policy discussions in the U.S., French dialogue on hESC research generally rejects the arbitrary division between the status of the embryo and hESCs, recognizing that hESC research necessarily requires the destruction of human embryos. Accordingly, French discourse debates the competing interests of science with secular ethical and civic considerations relating to the symbolic status of the embryo and society's duty to moderate what constitutes appropriate boundaries on research. Parliament recently amended France's hESC research laws to explicitly permit hESC research, signaling the beginning of reform efforts under President Hollande's new power structure, but the inclusion of secular moral considerations in the policy debate will likely restrain the extent of any future changes. PMID:24761054

  19. The Japanese Criminal Thinking Inventory: Development, Reliability, and Initial Validation of a New Scale for Assessing Criminal Thinking in a Japanese Offender Population.

    PubMed

    Kishi, Kaori; Takeda, Fumi; Nagata, Yuko; Suzuki, Junko; Monma, Takafumi; Asanuma, Tohru

    2015-11-01

    Using a sample of 116 Japanese men who had been placed under parole/probationary supervision or released from prison, the present study examined standardization, reliability, and validation of the Japanese Criminal Thinking Inventory (JCTI) that was based on the short form of the Psychological Inventory of Criminal Thinking Styles (PICTS), a self-rating instrument designed to evaluate cognitive patterns specific to criminal conduct. An exploratory factor analysis revealed that four dimensions adequately captured the structure of the JCTI, and the resultant 17-item JCTI demonstrated high internal consistency. Compared with the Japanese version of the Buss-Perry Aggression Questionnaire (BAQ), the JCTI showed a favorable pattern of criterion-related validity. Prior criminal environment and drug abuse as the most recent offense also significantly correlated with the JCTI total score. Overall, the JCTI possesses an important implication for offender rehabilitation as it identifies relevant cognitive targets and assesses offender progress.

  20. [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.

  1. Psychiatry and the criminal justice system: testing the myths.

    PubMed

    Phillips, M R; Wolf, A S; Coons, D J

    1988-05-01

    Several states are changing legislation and treatment programs for mentally ill offenders without knowing how current laws and programs operate. To address this problem the authors linked data from police records, court reports, and clinical files for 2,735 psychiatric referrals from the criminal justice system of Alaska from 1977 through 1981. They found that only 0.2%-2.0% of all schizophrenic persons in the community were arrested for violent crimes each year, accounting for 1.1%-2.3% of all arrests for violent crimes; that psychiatrists agreed about competency and responsibility in 79% of the cases evaluated by more than one clinician; and that a successful insanity defense occurred in 0.1% or less of all criminal cases.

  2. [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. PMID:16021538

  3. [Criminal code and assisted human reproduction].

    PubMed

    Cortés Bechiarelli, Emilio

    2009-01-01

    The Spanish Criminal Code punishes in the article 161 the crime of assisted reproduction of the woman without her assent as a form of crime relative to the genetic manipulation. The crime protects a specific area of the freedom of decision of the woman, which is the one that she has dealing with the right to the procreation at the moment of being fertilized. The sentence would include the damages to the health provoked by the birth or the abortion. The crime is a common one--everyone can commit it--and it is not required a result of pregnancy, but it is consumed by the mere intervention on the body of the woman, and its interpretation is contained on the Law 14/2006, of may 26, on technologies of human assisted reproduction. The aim of the work is to propose to consider valid the assent given by the sixteen-year-old women (and older) in coherence with the Project of Law about sexual and reproductive health and voluntary interruption of the pregnancy that is studied at this moment, in Spain, in order to harmonize the legal systems. PMID:20476690

  4. [Criminal code and assisted human reproduction].

    PubMed

    Cortés Bechiarelli, Emilio

    2009-01-01

    The Spanish Criminal Code punishes in the article 161 the crime of assisted reproduction of the woman without her assent as a form of crime relative to the genetic manipulation. The crime protects a specific area of the freedom of decision of the woman, which is the one that she has dealing with the right to the procreation at the moment of being fertilized. The sentence would include the damages to the health provoked by the birth or the abortion. The crime is a common one--everyone can commit it--and it is not required a result of pregnancy, but it is consumed by the mere intervention on the body of the woman, and its interpretation is contained on the Law 14/2006, of may 26, on technologies of human assisted reproduction. The aim of the work is to propose to consider valid the assent given by the sixteen-year-old women (and older) in coherence with the Project of Law about sexual and reproductive health and voluntary interruption of the pregnancy that is studied at this moment, in Spain, in order to harmonize the legal systems.

  5. QUESTIONS REGARDING AMERICAN INDIAN CRIMINALITY.

    ERIC Educational Resources Information Center

    STEWART, OMER C.

    FOR THE PURPOSE OF THIS DOCUMENT, AMERICAN INDIAN MEANS A SOCIAL-LEGAL GROUP. THE STATISTICS WERE OBTAINED FROM FEDERAL, STATE, AND LOCAL GOVERNMENT SOURCES. IN 1960, THERE WERE OVER 70,000 INDIAN ARRESTS OUT OF FOUR MILLION ARRESTS REPORTED TO THE F.B.I. THE PER CAPITA AMERICAN INDIAN CRIMINALITY IS NEARLY SEVEN TIMES THE NATIONAL AVERAGE, NEARLY…

  6. Epilepsy, aggression, and criminal responsibility.

    PubMed

    Borum, R; Appelbaum, K L

    1996-07-01

    Although epilepsy-related violence can occur, accounts of criminal behavior caused by epilepsy remain rare and unconvincing. The authors describe a case of apparent postictal aggression, resulting in felony assault charges, by a patient who had nocturnal complex partial seizures, followed by what appeared to be sleepwalking and periods of postictal wandering and confusion.

  7. Substance abuse and criminal behavior.

    PubMed

    Bradford, J M; Greenberg, D M; Motayne, G G

    1992-09-01

    As forensic psychiatry develops as a clinical subspecialty, clinical skill in understanding, treating, and predicting violent behavior will become more important. This article addresses the importance of understanding the relationship between substance abuse and violent behavior. This article also discusses morbidity and mortality in substance abuse, the demographics of substance abuse and criminality, and the clinical aspects of the forensic psychiatric evaluation.

  8. Criminal Careers of Habitual Felons.

    ERIC Educational Resources Information Center

    Petersilia, Joan; And Others

    The criminal development of habitual felons was examined by means of lengthy interviews with 49 prison inmates, all armed robbers serving at least their second prison terms. Results are not considered generalized, but should be regarded as 49 case studies. Although some of the findings were consistent with traditional images (juvenile offender…

  9. 75 FR 16225 - U.S. Department of State Advisory Committee on Private International Law: Organization of...

    Federal Register 2010, 2011, 2012, 2013, 2014

    2010-03-31

    ... International Contracts (known as the Mexico City Convention), which was adopted at the Fifth Inter-American... below. Other developments which may be relevant to work at the OAS include the proposal at UNCITRAL...

  10. 75 FR 4440 - U.S. Department of State Advisory Committee on Private International Law: Organization of...

    Federal Register 2010, 2011, 2012, 2013, 2014

    2010-01-27

    ... to International Contracts (known as the Mexico City Convention), which was adopted at the Fifth... proposal at UNCITRAL for future work on on-line dispute resolution and the establishment by the...

  11. Forensic drug intelligence: an important tool in law enforcement.

    PubMed

    Esseiva, Pierrre; Ioset, Sylvain; Anglada, Frédéric; Gasté, Laëtitia; Ribaux, Olivier; Margot, Pierre; Gallusser, Alain; Biedermann, Alex; Specht, Yves; Ottinger, Edmond

    2007-04-11

    Organised criminality is a great concern for national/international security. The demonstration of complex crimes is increasingly dependant on knowledge distributed within law-enforcement agencies and scientific disciplines. This separation of knowledge creates difficulties in reconstructing and prosecuting such crimes. Basic interdisciplinary research in drug intelligence combined with crime analysis, forensic intelligence, and traditional law enforcement investigation is leading to important advances in crime investigation support. Laboratory results constitute one highly dependable source of information that is both reliable and testable. Their operational use can support investigation and even provide undetected connections or organisation of structure. The foremost difficulties encountered by drug analysts are not principally of a chemical or analytical nature, but methodologies to extract parameters or features that are deemed to be crucial for handling and contextualising drug profiling data. An organised memory has been developed in order to provide accurate, timely, useful and meaningful information for linking spatially and temporally distinct events on a national and international level (including cross-border phenomena). Literature has already pointed out that forensic case data are amenable for use in an intelligence perspective if data and knowledge of specialised actors are appropriately organised, shared and processed. As a particular form of forensic case data, the authors' research focuses on parameters obtained through the systematic physical and chemical profiling of samples of illicit drugs. The procedure is used to infer and characterise links between samples that originate from the same and different seizures. The discussion will not, however, focus on how samples are actually analysed and compared as substantial literature on this topic already exists. Rather, attention is primarily drawn to an active and close collaboration between

  12. From public health to international law: possible protocols for inclusion in the Framework Convention on Tobacco Control.

    PubMed Central

    Joossens, L.

    2000-01-01

    Faced with a difficult business environment in the United States and the falling demand for cigarettes in industrialized countries, multinational tobacco companies have been competing fiercely to expand their sales in developing countries. Because of the worldwide threat posed by smoking to health and the emphasis being placed by international tobacco companies on marketing in developing countries, an international regulatory strategy, such as the WHO proposed Framework Convention on Tobacco Control, is needed. This review describes from a public health perspective the possible scope and key considerations of protocols that should be included in the convention. The key international areas that should be considered in tobacco control are: prices, smuggling; tax-free tobacco products; advertising and sponsorship; the Internet; testing methods; package design and labelling; agriculture; and information sharing. PMID:10994267

  13. From public health to international law: possible protocols for inclusion in the Framework Convention on Tobacco Control.

    PubMed

    Joossens, L

    2000-01-01

    Faced with a difficult business environment in the United States and the falling demand for cigarettes in industrialized countries, multinational tobacco companies have been competing fiercely to expand their sales in developing countries. Because of the worldwide threat posed by smoking to health and the emphasis being placed by international tobacco companies on marketing in developing countries, an international regulatory strategy, such as the WHO proposed Framework Convention on Tobacco Control, is needed. This review describes from a public health perspective the possible scope and key considerations of protocols that should be included in the convention. The key international areas that should be considered in tobacco control are: prices, smuggling; tax-free tobacco products; advertising and sponsorship; the Internet; testing methods; package design and labelling; agriculture; and information sharing.

  14. 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…

  15. 45 CFR 681.46 - What if the investigation indicates criminal misconduct?

    Code of Federal Regulations, 2014 CFR

    2014-10-01

    ... SCIENCE FOUNDATION PROGRAM FRAUD CIVIL REMEDIES ACT REGULATIONS Decisions and Appeals § 681.46 What if the... Claims Act or other civil proceeding; (2) Defer or postpone a report or referral to the reviewing... report suspected violations of criminal law to the NSF Office of Inspector General or to the...

  16. 45 CFR 681.46 - What if the investigation indicates criminal misconduct?

    Code of Federal Regulations, 2011 CFR

    2011-10-01

    ... SCIENCE FOUNDATION PROGRAM FRAUD CIVIL REMEDIES ACT REGULATIONS Decisions and Appeals § 681.46 What if the... Claims Act or other civil proceeding; (2) Defer or postpone a report or referral to the reviewing... report suspected violations of criminal law to the NSF Office of Inspector General or to the...

  17. Academic Politics and the History of Criminal Justice Education. Contributions in Criminology and Penology, No. 46.

    ERIC Educational Resources Information Center

    Morn, Frank

    This book reviews the history of academic criminal justice--the studying and teaching of crime, police, law and legal processes, and corrections--from 1870 to the present. The nine chapters have the following titles: (1) "Introduction: Academic Politics and Professionalism, 1870-1930"; (2) "Progressivism and Police Education, 1910-1935"; (3)…

  18. 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…

  19. Tech-Prep: The School-to-Work Connection in Criminal Justice.

    ERIC Educational Resources Information Center

    Striegel, David; Gray, Michael

    2000-01-01

    Suggests that community colleges should focus more on academics than on technical skills when preparing students to enter the criminal justice system. Asserts that the technical skills needed by workers in law enforcement can be acquired in the police academy, while crucial critical thinking and writing skills are better taught in the college…

  20. 28 CFR 105.23 - Procedure for requesting criminal history record check.

    Code of Federal Regulations, 2013 CFR

    2013-07-01

    ... fingerprints and requests for criminal history background checks are being submitted for private security... state laws. (b) An authorized employer must obtain a set of fingerprints and the written consent of its... employer must submit the fingerprints and appropriate state and federal fees to the SIB in the...