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Sample records for international criminal law

  1. Teaching Criminal Law.

    ERIC Educational Resources Information Center

    Levin, Sandy

    1989-01-01

    Presents learning activities and resources for teaching senior level criminal law courses. Topics covered include arrest, search and seizure, bail, trial procedures, sentencing, and prisons. Objective is to encourage students to address societal issues. (LS)

  2. 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.

  3. The Exercise of Responsible Command in the Enforcement of International Criminal Law: A New Model

    DTIC Science & Technology

    1997-04-01

    DEDERE AUT JUDICARE: THE DUTY TO EXTRADITE OR PROSECUTE IN INTERNATIONAL LAW x (1995). 103 The two fields clearly overlap, most notably in the work and...once the jurisdictional questions are settled by the U.N, other international 105 As hinted in the Preface to Aut Dedere , the two authors of the

  4. Social Change and Criminal Law

    ERIC Educational Resources Information Center

    Jeffery, C. Ray

    1970-01-01

    The impact of urbanization on criminal law and the extension of law into the area of morality (value systems) are discussed in terms of social control via punishment and deterrence. The impact of the social sciences (psychotherapy, sociology, behavioral science) is covered in terms of social control via rehabilitation and environmental…

  5. Criminal Law Study Guide

    DTIC Science & Technology

    1991-08-01

    0507 ARTICLE 134’S LIMITATIONS 5-41 0508 ARTICLE 133’S LIMITATIONS 5-44 0 CHAPTER VI DRUG OFFENSES 0600 HISTORICAL OVERVIEW 6-1 0601 THEORIES OF...b) battery, (c) maiming, and (d) murder. 2. Defined and made punishable by law. Basic to the American theory of justice is the principle that there...necessary to be familiar with the common law background since the trial counsel must still adopt a particular theory to establish the accused’s

  6. Criminal Law Study Guide

    DTIC Science & Technology

    1989-03-01

    THEORIES OF PROSECUTION 6-1 0602 RELATIONSHIP AMONG DRUG OFFENSES 6-19 0603 REFERENCE TO OTHER AREAS 6-21 Aooession For NTIS GRA&I DTIC TAB 0 Unannounoed...punishable by law. Basic to the American theory of justice is the principle that there can be no punishment for harmful conduct unless it was...simplified, it is still necessary to be familiar with the common law background, since the trial counsel must still adopt a particular theory to establish the

  7. 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)

  8. [Brazilian criminal law and genetics].

    PubMed

    de Souza, P V

    1999-01-01

    This article analyses the Brasilia criminal regulation on genetic. Act No. 8.974/95 is examined because it regulates some criminal typologies on genetic engineering and assisted reproduction. Moreover, it presents information about the Act Project No. 149/97, on genetic discrimination.

  9. 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.

  10. Fatigue and the criminal law.

    PubMed

    Jones, Christopher B; Dorrian, Jillian; Rajaratnam, Shanthakumar M W

    2005-01-01

    Fatigue is an increasingly recognised risk factor for transportation accidents. In light of this, there is the question of whether driving whilst fatigued should be a criminal offence. This paper discusses the current legal position, including the problems of voluntary conduct and self awareness. Three models for reform are proposed. The manner in which scientific research can inform legal consideration and future directions for research are discussed.

  11. Law Studies: The Criminal Justice System.

    ERIC Educational Resources Information Center

    Experimental Curriculum Bulletin, 1978

    1978-01-01

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

  12. [Criminal law problems in forensic medicine].

    PubMed

    Schneider, V

    1998-10-01

    This paper first goes into cases of medical malpractice proceeding from the definition of the subject (forensic medicine). Among the material examined by the author lapses were to be assumed in 6.9% of the cases. A forensic autopsy can, however, also be of significance in countering false accusations. Forensic autopsies are regulated by Sect. 87 of the German Code of Criminal Procedure. Clinical autopsies are performed in Berlin in conformity with the Autopsy Act of 1996. Therapeutic removal of tissue is, moreover, also regulated by the Autopsy Act. Last year's Grafting Act, on the other hand, is Federal Law. Another act promulgated in 1997 has likewise provoked considerable controversial debate: viz. the Criminal Proceedings Amendment Act--keyword: DNA analysis/genetic fingerprint. And, finally, the paper also goes somewhat deeper into the introduction of breath-alcohol tests as evidence admitted in court. Further points discussed: reports prepared in connection with trials involving shootings along the Berlin wall, reports drawn up in connection with matters involving the abuse of anabolic substances by competitive athletes in the German Democratic Republic, reports on former GDR functionaries pertaining to their fitness to plead in court or to undergo detention. To conclude with, the question, whether evidence obtained by coerced vomiting can be used in court, is also discussed (drug couriers).

  13. [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.

  14. 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.

  15. A Criminal Law Approach to Terrorism in Brazil

    DTIC Science & Technology

    2014-12-01

    several approaches to dealing with terrorism and how civil liberties can be affected by the decision to criminalize such acts. In this context, and...to show foreign experiences, we will use the comparative method to study the experience of six countries regarding criminal law dealing with ...current law, and present the requirements to design an adequate one. Therefore, the study path starts with an overview of Law 7170/83, which allegedly

  16. 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.

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

    ERIC Educational Resources Information Center

    Veresha, Roman V.

    2016-01-01

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

  18. 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.…

  19. Problem of Determining the Chance (Casus) in Criminal Law

    ERIC Educational Resources Information Center

    Veresha, Roman V.

    2016-01-01

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

  20. 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.

  1. Intoxication and criminal responsibility in Dutch criminal Law.

    PubMed

    van Kalmthout, A

    1998-09-01

    This article deals with the question in how far an offence committed in the Netherlands under the influence of alcohol or other drugs can be imputed to the offender. Unlike many other countries the Dutch Penal Code does not contain specific provisions with respect to the criminal liability of addicted or intoxicated offenders. In principle, they are held responsible for their offences, even when the dolus or culpa is absent at the moment they commit their offence. Doctrine and jurisprudence found this liability on the principle of 'culpa/dolus in causa', by accepting an anterior dolus or culpa, which is situated at the moment the offender takes alcohol or other drugs. As is shown in this article, the - nondogmatic - interpretation of this culpa in causa doctrine leaves hardly any space for a claim to impunity.

  2. Criminal Law and Procedure-Bringing It Home

    ERIC Educational Resources Information Center

    Dutile, Fernand N.

    1974-01-01

    Describes a course at Notre Dame Law School in Criminal Law and Procedure, offering small classes, participation, and issues that were broad, controversial and pervasive, thus providing subject matter that would allow first-year students a chance to offer observations on matters that interested them. (Author/PG)

  3. International resources law

    SciTech Connect

    Not Available

    1991-01-01

    This book covers: Historical origins of civil code legal systems; Modern civil law practice for mineral lawyers; Treaties and agreements for protection of international investments; Europe 1992-toward a single energy market; Dispute resolution in international agreements; Assessment of political risk; Reducing political risk; Protecting mineral investments from upheaval in developing countries; Typical world petroleum arrangements; government take in the Pacific Rim - Papua New Guinea; Mineral base of the USSR and prospects of investment; International taxation for the mining practitioner; Tax considerations - branch versus subsidiary; Doing business in the host country - nontax considerations; Impact of host-country laws on operations and profits; Mineral development and native rights - New Zealand; Designing the investment vehicle: mining; International oil and gas joint ventures; Selected U.S. laws with extraterritorial effect; U.S. tax and securities laws applied to foreign joint venturers; and Extraterritorial effect of U.S. laws.

  4. 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…

  5. 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.

  6. The Moral or Educative Influence of Criminal Law

    ERIC Educational Resources Information Center

    Andenaes, Johannes

    1971-01-01

    Analyzes the forms of moral or educative influences, and assesses the scanty evidence regarding their importance; discusses the relevance of psychology for evaluating the deterrent effects of criminal law. Contends that the questions confronting the lawyer are so specific that they ask for specific research. (JM)

  7. 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.

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

    PubMed

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

    2010-01-01

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

  9. 77 FR 32168 - Notice of Meeting of Advisory Committee on International Law

    Federal Register 2010, 2011, 2012, 2013, 2014

    2012-05-31

    ... the law of immunity, international criminal law, transnational disincentive mechanisms, and future... 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...

  10. A Quantitative Study of Michigan's Criminal HIV Exposure Law

    PubMed Central

    Galletly, Carol L.; Pinkerton, Steven D.; DiFranceisco, Wayne

    2011-01-01

    The objectives of the project were 1) to determine the extent to which HIV-positive persons living in Michigan were aware of and understood Michigan's criminal HIV exposure law, 2) to examine whether awareness of the law was associated with seropositive status disclosure to prospective sex partners, and, 3) to examine whether awareness of the law was associated with potential negative effects of the law on persons living with HIV (PLWH) including heightened HIV-related stigma, perceived societal hostility toward PLWH, and perceived need to conceal one's HIV infection. The study design was cross-sectional. A statewide sample of 384 PLWH in Michigan completed anonymous pen and paper surveys in 1 of 25 data collection sessions. A majority of participants were aware of Michigan's HIV exposure law. Awareness of the law was not associated with increased seropositive status disclosure to all prospective sex partners, decreased HIV transmission risk behavior, or increased perceived responsibility for HIV transmission prevention. However, awareness of the law was significantly associated with disclosure to a greater proportion of sex partners prior to respondents’ first sexual interaction with that partner. Awareness of the law was not associated with increased HIV-related stigma, perceived societal hostility toward PLWH, or decreased comfort with seropositive status disclosure. Evidence of an effect of Michigan's HIV exposure law on seropositive status disclosure was mixed. Further research is needed to examine the various forms of HIV exposure laws among diverse groups of persons living with or at increased risk of acquiring HIV. PMID:21861631

  11. 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.

  12. Development and Evaluation of a Programmed Text in Criminal Law. Final Report.

    ERIC Educational Resources Information Center

    Wills, Thomas A.

    Two pieces of literature by Thomas A. Wills are contained in this document: (1) A complete programed text in law, "A Programmed Text in Criminal Law," and (2) a study comparing instruction with versus instruction without the use of programed texts, "Development and Evaluation of a Programed Text in Criminal Law." In the latter, six control and six…

  13. 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.

  14. [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.

  15. India: Delhi high court annuls law criminalizing adult homosexual relations.

    PubMed

    Skanland, Celeste A

    2009-12-01

    In what is considered by many to be a landmark decision on equality and non-discrimination in India, the Delhi High Court declared in July 2009 that Section 377 of the Indian Penal Code, which criminalizes people who engage in "unnatural offences", violates the rights to equality, freedom from discrimination, and life and personal liberty, pursuant to the India Constitution (Constitution). The court also agreed with the petitioner in the case that the law severely impairs HIV/AIDS prevention efforts by discouraging men who have sex with men (MSM) from participating for fear of stigma, discrimination and police abuse under the guise of enforcing the Section.

  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. 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.

  18. 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

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

    PubMed

    Farahany, Nita A

    2015-11-01

    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.

  20. Clear Law Enforcement for Criminal Alien Removal Act of 2009

    THOMAS, 111th Congress

    Rep. Blackburn, Marsha [R-TN-7

    2009-05-14

    06/12/2009 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:

  1. 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

  2. 20 CFR 670.940 - What are the requirements for criminal law enforcement jurisdiction on center property?

    Code of Federal Regulations, 2013 CFR

    2013-04-01

    ... 20 Employees' Benefits 4 2013-04-01 2013-04-01 false What are the requirements for criminal law... INVESTMENT ACT Administrative and Management Provisions § 670.940 What are the requirements for criminal law... State and locality with respect to criminal law enforcement. Concurrent jurisdiction extends to...

  3. 20 CFR 670.940 - What are the requirements for criminal law enforcement jurisdiction on center property?

    Code of Federal Regulations, 2012 CFR

    2012-04-01

    ... 20 Employees' Benefits 4 2012-04-01 2012-04-01 false What are the requirements for criminal law... INVESTMENT ACT Administrative and Management Provisions § 670.940 What are the requirements for criminal law... State and locality with respect to criminal law enforcement. Concurrent jurisdiction extends to...

  4. 20 CFR 670.940 - What are the requirements for criminal law enforcement jurisdiction on center property?

    Code of Federal Regulations, 2011 CFR

    2011-04-01

    ... 20 Employees' Benefits 3 2011-04-01 2011-04-01 false What are the requirements for criminal law... Administrative and Management Provisions § 670.940 What are the requirements for criminal law enforcement... with respect to criminal law enforcement. Concurrent jurisdiction extends to all portions of...

  5. 20 CFR 670.940 - What are the requirements for criminal law enforcement jurisdiction on center property?

    Code of Federal Regulations, 2010 CFR

    2010-04-01

    ... 20 Employees' Benefits 3 2010-04-01 2010-04-01 false What are the requirements for criminal law... Administrative and Management Provisions § 670.940 What are the requirements for criminal law enforcement... with respect to criminal law enforcement. Concurrent jurisdiction extends to all portions of...

  6. 20 CFR 670.940 - What are the requirements for criminal law enforcement jurisdiction on center property?

    Code of Federal Regulations, 2014 CFR

    2014-04-01

    ... 20 Employees' Benefits 4 2014-04-01 2014-04-01 false What are the requirements for criminal law... INVESTMENT ACT Administrative and Management Provisions § 670.940 What are the requirements for criminal law... State and locality with respect to criminal law enforcement. Concurrent jurisdiction extends to...

  7. 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:

  8. 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.

  9. 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.

  10. [Poverty and mental disability in the criminal law: The invisibles].

    PubMed

    Mercurio, Ezequiel N

    2016-05-01

    In recent decades neuroscience research show the negative consequences of poverty in cognitive development. Environmental factors, such as material deprivation, exposure to stressful situations, violence, nutritional deprivation, environmental toxins may shape the developing brain. The changes of the structure and function of the brain since prenatal stages and their consequences can remain stable throughout the life cycle except early interventions are made. Research investigating have found significant link between child poverty and function and structural brain focusing on prefrontal cortex (i.e., executive functions), hippocampus (learning and memory), amygdala (i.e., fear and emotional processing) and Left Occipitotemporal and Perisylvian Regions (Language and Reading) In recent years, international studies show a growing population with intellectual disabilities in prisons. However, in criminal justice, people with mild intellectual disabilities suffer a normalization process. A lack of access to adequate diagnosis operate as an omission this vulnerable group, as a result the State deprive access to support systems guaranteed in international declarations of Human Rights. Furthermore neglect, discrimination, lack of access to comprehensive health and appropriate social interventions deepen in prison. It is for this reason that from a current human rights perspective a person with disability in jail becomes a doubly vulnerable subject.

  11. 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.

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

    PubMed

    Lee, Sun Goo

    2014-01-01

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

  13. 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.

  14. 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;…

  15. 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.

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

    ERIC Educational Resources Information Center

    Menis, Susanna

    2017-01-01

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

  17. 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…

  18. National Criminal Justice Thesaurus. Descriptors for Indexing Law Enforcement and Criminal Justice Information.

    ERIC Educational Resources Information Center

    Aspen Systems Corp., Germantown, MD.

    Contained are listings of descriptors used to index the literature in the National Criminal Justice Reference Service (NCJRS) documentation data base, and to store and retrieve information about the literature for users of the service. Term selection is determined by the vocabulary used in the documents input into the system, the frequency of term…

  19. National Criminal Justice Thesaurus. Descriptors for Indexing Law Enforcement and Criminal Justice Information.

    ERIC Educational Resources Information Center

    National Inst. of Law Enforcement and Criminal Justice (Dept. of Justice/LEAA), Washington, DC.

    This thesaurus contains listings of descriptors or terms used to index the literature in the National Criminal Justice Reference Service (NCJRS) documentation data base and to store and retrieve information about the literature for users of the service. Term selection is based largely on the vocabulary of the authors of the documents entering the…

  20. 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,…

  1. 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...

  2. 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...

  3. 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...

  4. 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...

  5. 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,...

  6. 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...

  7. 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...

  8. 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.

  9. 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.

  10. Crime in the Stacks, or A Tale of a Text: A Feminist Response to a Criminal Law Textbook.

    ERIC Educational Resources Information Center

    Coombs, Mary Irene

    1988-01-01

    A law school teacher describes her response to the incorrect and insensitive treatment of rape in a criminal law textbook, including analysis and criticism of the text's content and communication with the publisher about it. (MSE)

  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. South Africa: constitutional court rejects constitutional challenge to law criminalizing prostitution.

    PubMed

    Nelson, John

    2003-04-01

    On 9 October 2002, a majority of South Africa's Constitutional Court dismissed appeals from convictions for prostitution and keeping a brothel, rejecting arguments that the law was unconstitutional. However, the minority decision, endorsed by five of eleven judges, found that the provision that made the sex worker but not the client guilty of a criminal offence was discriminatory and should be struck down.

  14. The National Manpower Survey of the Criminal Justice System. Volume Two: Law Enforcement.

    ERIC Educational Resources Information Center

    National Planning Association, Washington, DC.

    Focusing on law enforcement personnel at the city, county, and state levels (including police, sheriffs, and highway patrol agencies), this document is one in a series of six volumes reporting the results of the National Manpower Survey (NMS) of the Criminal Justice System. Chapter 1 of six chapters summarizes the major results of a national…

  15. Touching the Void: Criminal Law at the Precipice.

    ERIC Educational Resources Information Center

    Geary, Roger

    1995-01-01

    Recounts an incident in which a mountaineer cut the rope on which his partner's life depended in order to save himself from being pulled to almost certain death. Interprets relevant English law with regard to the definition of murder and possible defenses in a case such as this. (SV)

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

    PubMed

    Iburg, U

    2000-03-01

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

  17. 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

  18. 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.

  19. 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.

  20. 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 ...

  1. 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.

  2. 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

  3. Termination of a minor's pregnancy: critical issues for consent and the criminal law.

    PubMed

    White, Ben; Willmott, Lindy

    2009-10-01

    The recent Supreme Court decision of Queensland v B [2008] 2 Qd R 562 has significant implications for the law that governs consent and abortions. The judgment purports to extend the ratio of Secretary, Department of Health and Community Services (NT) v JWB and SMB (1992) 175 CLR 218 (Marion's Case) and impose a requirement of court approval for terminations of pregnancy for minors who are not Gillick-competent. This article argues against the imposition of this requirement on the ground that such an approach is an unjustifiable extension of the reasoning in Marion's Case. The decision, which is the first judicial consideration in Queensland of the position of medical terminations, also reveals systemic problems with the criminal law in that State. In concluding that the traditional legal excuse for abortions will not apply to those which are performed medically, Queensland v B provides further support for calls to reform this area of law.

  4. Information Warfare and International Law

    DTIC Science & Technology

    1998-01-01

    information is estimated to average 1 hour per response, including the time for reviewing instructions, searching existing data sources , gathering and...OMB control number. 1. REPORT DATE 1998 2. REPORT TYPE 3. DATES COVERED 00-00-1998 to 00-00-1998 4. TITLE AND SUBTITLE Information Warfare and...for International Studies; Melanie Greenberg of the Stanford University Center for International Security and Arms Control (CISAC); Daniel Kuehl of

  5. Sexuality and international human rights law.

    PubMed

    Tahmindjis, Phillip

    2005-01-01

    This essay considers the extent to which international human rights now protect, or might protect, GLBT communities. The counterpoint between the potential width of application of international human rights instruments and their silence on sexuality has become the leitmotif of sexuality and gender identity within the international human rights framework. In addition, there is a symbiotic relationship between the international norms and domestic legal systems which directly affects the meaning of those norms. Domestic laws are not only needed to implement international norms, but are essential in overcoming the equivocations and silences of international human rights law as it has traditionally applied to GLBT communities. A fusion of the international norms with domestic legal systems through the principle of diversity, rather than the principle of equality, is needed.

  6. Clones, controversy, and criminal law: a comment on the proposal for legislation governing assisted human reproduction.

    PubMed

    Caulfield, T

    2001-09-01

    In the past few years there has been a tremendous amount of regulatory conflict and social controversy in the area of reproductive genetics. The Canadian government has recently released a proposal for legislating in this complex arena. Although the proposed Bill contains many positive elements, it is argued that the use of the criminal law as a regulatory mechanism is neither warranted nor appropriate. The author suggests a more flexible and responsive system of moratoriums and licenses that would enable review and adjustment to the realities of emerging reproductive technologies is a better approach.

  7. 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

  8. 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.

  9. 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

  10. [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

  11. Teaching "The Reckoning": Understanding the International Criminal Court. A Facing History and Ourselves Study Guide

    ERIC Educational Resources Information Center

    Kanner, Elisabeth Fieldstone

    2010-01-01

    Facing History and Ourselves has developed "Teaching The Reckoning" to help classrooms explore essential questions about judgment by studying the creation of the International Criminal Court. Ever since the Nuremberg Trials, individuals around the world have imagined how an international judicial body could be used to prevent genocide,…

  12. 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 665.906 Wildlife and Fisheries FISHERY CONSERVATION AND MANAGEMENT, NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION, DEPARTMENT OF COMMERCE (CONTINUED) FISHERIES IN THE WESTERN PACIFIC Marianas Trench...

  13. 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 665.906 Wildlife and Fisheries FISHERY CONSERVATION AND MANAGEMENT, NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION, DEPARTMENT OF COMMERCE (CONTINUED) FISHERIES IN THE WESTERN PACIFIC Marianas Trench...

  14. 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...

  15. 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...

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

    PubMed

    Cook, R J; Dickens, B M

    1989-08-01

    International developments in abortion laws have been diverse, but the general thrust of legislation and court decisions has been towards decriminalization and liberalization of laws and the reduction of legal barriers to access to therapuetic abortion services presented by spousal and parental authorization requirements. Most legislation has extended abortion eligibility through traditional indications such as danger to maternal health or fetal handicap, but other indications have also been created, such as adolescence, advanced maternal age, family circumstances and Acquired Immunodeficiency Syndrome or Human Immunodeficiency Virus infection. Several jurisdictions established stages of early gestation within which abortion could be undertaken with minimal legal scrutiny. In Canada, the entire prohibition of abortion was held unconstitutional for violating women's integrity and security. Under medical and public health guidance, several countries have amended their constitutions to recognize and protect human life from contraception. Cyprus, Italy, and Taiwan have created an indication for abortion of welfare of the women's family, while France and the Netherlands recognize the women's distress and Hungary cites cases where the women is single or separated for 6 months, where appropriate housing is lacking or where she is 35 years or older and has had 3 deliveries. National health services and insurance schemes vary in their coverage of abortion costs, but generally tend to fund the major park of lawful services. In Britain, France, Israel, the US and Yugoslavia husband's claims to veto abortions have been rejected. Courts have also established that mature adolescents, although legally minors, may give autonomous consent to abortion and are entitled to confidentiality. Few countries' laws define when criminal abortion liability commences or when conception occurs, but the law has moved to restrict abortion in Israel, Honduras, Romania and Finland.

  17. The international criminal tribunal for the former Yugoslavia (ICTY) and the forensic pathologist: ethical considerations.

    PubMed

    Lorin de la Grandmaison, G; Durigon, M; Moutel, G; Herve, C

    2006-07-01

    Since 1991, war crimes in the former Yugoslavia have been the subject of several international medico-legal investigations of mass graves within the framework of inquiries led by the International Criminal Tribunal for the former Yugoslavia (ICTY). Forensic pathologists involved in the ICTY missions could be subjected to ethical tensions due to the difficulties of the missions, the emergent conflicts between forensic scientists of the investigating teams and the original nature of the ICTY proceedings. In order to study the nature of such ethical tensions, we sent a questionnaire to 65 forensic pathologists who have been involved in the ICTY missions. The rate of response was 38%. The majority of forensic pathologists questioned (n=18) did not know how the medico-legal data was exploited by the ICTY. Three of them have been subjected to pressures. Three of them were aware of mass grave sites knowingly not investigated by the ICTY. Fifteen considered that the ICTY respected the elementary rules of the law and four of them questioned the impartiality of the justice led by the ICTY. Two conflicting types of ethics can be drawn from these results: conviction ethics, which are shared by most of the forensic pathologists questioned, and responsibility ethics. In the former, the forensic pathologist completely agrees with the need for an international war crimes tribunal, even if such justice can be challenged regarding the respect of human rights and impartiality. In the latter, he or she needs to conduct him or herself in ways that do not infringe impartiality. As medical deontology duty requires impartiality ethics, discursive ethics are needed to ease ethical tensions and to suggest ethical guidelines. Alternatives to international justice, through a truth and reconciliation commission and by way of humanitarian missions combining victims' identification with forensic investigations for historical purposes, could be considered.

  18. The Customary International Law of Cyberspace

    DTIC Science & Technology

    2012-01-01

    law. The law of war is driven almost entirely by the effect of actions rather than by some sort of “national mens rea.”46 The intent of an actor...international agreements and infertile soil for positive customary law—norms—to flourish. In this case, for better or worse, the default—permissive...46. Mens rea is a legal term referring to the intent element necessary to be convicted of a crime. 47. In a 2007 Department of Homeland Security

  19. 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…

  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. Beyond Rio? The Evolution of International Environmental Law.

    ERIC Educational Resources Information Center

    Brunnee, Jutta

    1993-01-01

    Discusses the expansion and innovation in the use of international environmental law mechanisms to address the problems of global environmental protection. Presents initiatives involving customary international law, forms of international agreements, nonbinding "soft law," and an example involving Canada's biodiversity commitments. (MDH)

  2. 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....

  3. 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....

  4. International environmental law and world order

    SciTech Connect

    Guruswamy, L.D.; Palmer, G.W.R. Sir; Weston, B.H.

    1995-08-01

    A litany of dismal happenings - global warming, ozone layer depletion, desertification, destruction of biodiversity, acid rain, and nuclear and water accidents - are but some of the subjects covered by this book, a problem-solving casebook authored by three educators. This new book makes the obvious but important point, that environmental issues are not limited by national boundaries. The book is divided into three parts. The first three chapters of part I discuss the basic principals of traditional international law without any reference to environmental issues. Part II, comprised of seven chapters, deals with hypothetical problems that affect various aspects of the environment vis-a-vis the norms, institutions, and procedures through which the international legal system operates. The book concludes with two chapters dealing with future environmental concerns. The book focuses on issue-spotting, problem-solving, and synthesis over the assimilation and comprehension of raw, disembodied knowledge. The book helps to manage our common future on this planet, for which we will need a new global regime based essentially on the extension into international life of the rule of law, together with reliable mechanisms for accountability and enforcement that provide the basis for the effective functioning of national societies.

  5. Intoxication, the law and criminal responsibility--a sparkling cocktail at times: the case studies of Canada and Germany.

    PubMed

    Fischer, B; Rehm, J

    1998-09-01

    The combination of intoxication and criminal responsibility has been a problem field for legal theory and practice for quite some time. While it has been argued in certain contexts that intoxication reduces or denies criminal responsibility, elsewhere it has been reasoned that intoxicated offenders should be held as (or even more so) legally responsible as sober ones. But even in legal systems where the criminal responsibility of intoxicated offenders is emphasized, legal theory and practice are confronted with the challenge of converting such values into workable jurisprudence, since many intoxicated offenders naturally lack one of the key premises for responsibility for a criminal act, namely mens rea. This article compares the very different legal philosophies and practices that have evolved around the issue of intoxication and criminal responsibility in Canada and Germany. While the Canadian system has long and in a variety of ways tried to reconcile the inherent tensions between the principles of legal culpability and the intent to punish intoxicated offenders in material law, the German system has produced a set of legal tools that allow for a pragmatic and ends-oriented approach. This article concludes that the evolution and profile of these legal schemes is likely linked to the cultural status of alcohol and drinking in the respective system context.

  6. Population-environment linkages in international law

    SciTech Connect

    Babor, D.D.M.

    1999-03-31

    This article explores population-environment linkages both within developed and developing nations, and considers the consequences of a population growth rate which, as one hectare of arable land is simultaneously lost or destroyed, currently results in eight live births every three seconds. In order to better comprehend the forces governing their perceptions, Part 1 of this article will discuss eight interactive variables which inform decision-making. Part 2 will examine the existence of legal duties under international law to limit or constrain the level of consumption and the right to freely reproduce, particularly as applicable in states considered free of a population problem.

  7. 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.

  8. 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…

  9. From the Outside In. Shaping the International Criminal Court

    DTIC Science & Technology

    2006-05-01

    PDF document was made available from www.rand.org as a public service of the RAND Corporation. 6Jump down to document THE ARTS CHILD POLICY CIVIL...JUSTICE EDUCATION ENERGY AND ENVIRONMENT HEALTH AND HEALTH CARE INTERNATIONAL AFFAIRS NATIONAL SECURITY POPULATION AND AGING PUBLIC SAFETY SCIENCE AND...research organization providing objective analysis and effective solutions that address the challenges facing the public and private sectors

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

    PubMed

    Gavaghan, Colin; Bastani, Amir

    2014-01-01

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

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

    PubMed

    Berryessa, Colleen M

    2014-01-01

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

  12. 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

  13. [Changes in medical standards and the need for adjusting legal standards of care from the point of view of criminal law].

    PubMed

    Erlinger, Rainer

    2007-01-01

    In addition to the possibility of adjusting medical standards to the limited resources in health care, which is also included in civil law, German criminal law provides various other instruments. These include (1) the subjective person-related standard of diligence, (2) a restriction of the associated legal concept of "Ubernahmeverschulden" (fault by assumption), (3) admissible risk, (4) social adequacy, and (5) reasonableness and possibility within the scope of criminal omission. Although especially social adequacy and reasonableness and possibility from the point of view of criminal law may lead to satisfactory solutions, the adjustment of medical standards should--for the sake of the unity of law--be preferred so that synchronization with civil law liability may thus be achieved.

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

    PubMed

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

    2017-01-01

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

  15. [On the relationship between psychiatry and criminal law from a legal standpoint].

    PubMed

    Schöch, H

    2005-11-01

    Psychiatry and penology are responsible together for adequate therapy of mentally ill and disordered criminals. The increased security demands of current criminal policy on the penal and forensic hospital treatment have to be moderately counteracted. The considerable increase in deculpation according to Section 21 of the German Penal Code (StGB) during the past 30 years should be balanced by more limited application, especially regarding antisocial personality disorder, borderline personality disorder, and sexual identity disorder (paraphilia).

  16. Forensic mental health law reform in Japan: from criminal warehousing to broad-spectrum specialist services?

    PubMed

    Weisstub, David N; Carney, Terry

    2006-01-01

    Since the 1980s Japan has undergone a number of mental health law reforms culminating in the 2005 forensic law. This added to its enactments on involuntary commitment, long-term aged care and substitute decision making, bringing Japan into focus as an industrialized state now possessed of a full package of civil and forensic provisions. This article seeks to demonstrate that the new forensic law cannot achieve its own stated goals without seeking to put into place financial and administrative supports aimed to integrate the myriad of patient populations that will be inevitably affected by the new forensic system. In order to avoid the widespread syndrome that has already been experienced internationally of warehousing mentally ill offenders in jails, it is critical that the Japanese government develop effective and culturally sensitive techniques for dealing with low risk populations through a diversionary process. Furthermore, although the legislation addresses serious crimes, it is imperative that policies be put into place to avoid directing young offenders, violent patients from the general hospital system, the developmentally handicapped, already convicted persons found in hospital settings and problematic cases in the correctional system, to the new forensic units established by the legislation. It is only though contemplating unintended outcomes of the legislation that the Japanese government will be able to avoid the ongoing stigmatization and prolonged institutionalization of mentally ill populations. Despite apparent cultural differences internationally vetted human rights requirements must be properly protected, not only in the forensic context, but throughout the mental health system at large. The coordination of services and the development of specialty training are necessary conditions for the realization of improved and humane conditions for mentally ill persons in Japan.

  17. 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

  18. 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

  19. 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.

  20. Internationalizing forensic assessments of criminal responsibility.

    PubMed

    Meynen, Gerben; Oei, Karel

    2011-12-01

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

  1. A Joint Legal Services Agency and a Joint Operational Law Practice: The Services’ Judge Advocates and Lawyers Move Toward the Next Century

    DTIC Science & Technology

    1993-04-05

    Labor Law , Patents, and Regulatory Law. The Navy, which has a significant procurement activity in Rossyln, Virginia, and the overall responsibility for...acquisition, procurement fraud, admiralty law, labor law , environmental law, patent and regulatory law. During Phase III, this Directorate will...in approaching many functional areas-- Civil Litigation, Administrative Law, International and Operational Law, Criminal Law, Acquisition Law, Labor

  2. [Laws relevant to international missions of health cooperation].

    PubMed

    Scaroni, E; Riccardo, F; De Rosa, A G; Russo, G; Pacini, A; Nardi, L; Pacifici, L E

    2007-01-01

    Both medical doctors and humanitarian operators engaged in health relief or development missions abroad, are called to respect the general principles of international law, that is to say, customary law that is legally compulsory for the International Community and rules deriving from Treaties and International Conventions. Humanitarian operators have to observe also the rules and regulations of the hosting country. They have to respect all rules applying to their humanitarian action and they have to take responsibility towards beneficiaries and donors alike.

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

    PubMed

    Dahl, Hilde

    2017-02-01

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

  4. 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.

  5. 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.

  6. 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)

  7. 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.

  8. 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

  9. 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.

  10. Self-Reported Alcohol and Drug Problems Among Internal Medicine Outpatients: Relationships With Criminal Behavior

    PubMed Central

    Lam, Charlene; Wiederman, Michael W.

    2011-01-01

    Objective: Previous research indicates relationships between alcohol/substance misuse and criminal behavior, but past studies have restricted investigations to atypical samples and/or utilized limited assessments of illegal behavior. In the present study, we explored relationships between alcohol/drug problems and charges for 27 criminal behaviors in a primary care sample. Method: Participants were a cross-sectional sample of 376 consecutive men and women, aged 18 years or older, being seen for nonemergent medical care at an outpatient internal medicine clinic staffed predominantly by residents and located in a midsized, midwestern city in October 2010. Using a self-report survey methodology, we examined relationships between alcohol and drug problems (“Have you ever had a problem with alcohol?” and “Have you ever had a problem with drugs?”) and 27 illegal behaviors as delineated by the categories used by the US Federal Bureau of Investigation. Results: Men with alcohol or drug problems statistically exhibited the greatest number of charges for different forms of illegal behavior (P < .001). These charges were directly related to alcohol/drug misuse (eg, driving under the influence of alcohol or drugs) and otherwise (eg, aggravated assault, simple assault, gambling, larceny-theft). Conclusions: In primary care settings, men with alcohol/drug problems may also have a history of illegal behaviors—a finding that is relevant in terms of social and legal implications. PMID:22454803

  11. 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

  12. 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.

  13. 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.

  14. Mental health research in the criminal justice system: The need for common approaches and international perspectives.

    PubMed

    Roesch, R; Ogloff, J R; Eaves, D

    1995-01-01

    There is a need for researchers and policy makers in the area of mental health and law to collaborate and develop common methods of approach to research. Although we have learned a great deal about the prevalence and needs of mentally ill offenders in jails and prisons, there are a number of research questions that remain. If the "second generation" of research is to be fruitful--and useful to policy makers--we need to be sure that the methods we employ are valid and that the findings we obtain are reliable. By collaborating with colleagues in other jurisdictions, we can begin to learn whether some of the existing findings are of a general nature, or dependent upon the system in which they were found. Similarly, while the first-generation research has alerted us to the needs of mentally ill offenders in jails and prisons, second-generation research is needed to help identify factors that may help prevent the "revolving door phenomenon," which results in mentally ill people being volleyed among mental health, criminal justice, and community settings. One area that has received embarrassingly little attention has been the need for considering the relationship between substance abuse and mental disorders. In our own work, we have found an alarmingly high degree of substance abuse among offenders, including mentally ill offenders. We have come to realize the importance of considering the role that substance abuse coupled with other mental disorders may play in the criminal justice system. As a result of this concern, the Surrey Mental Health Project recently hired a full-time drug and alcohol counselor whose job it is to work with inmates with substance abuse disorders while in the jail, and to help arrange continuing treatment resources upon their release. As Wilson et al. (1995) discuss, intensive case management projects may be particularly useful at targeting the unique needs of mentally ill offenders with multiple problems. Much of the research conducted with

  15. 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.

  16. So you're sorry? The role of remorse in criminal law.

    PubMed

    Zhong, Rocksheng; Baranoski, Madelon; Feigenson, Neal; Davidson, Larry; Buchanan, Alec; Zonana, Howard V

    2014-01-01

    The role of remorse in judicial decisions in the criminal justice system has been addressed in scholarship and remains controversial. The purpose of this qualitative research was to examine the views of sitting criminal judges on remorse, its assessment, and its relevance in their decision-making. After approval of the study design by the institutional review board, 23 judges were interviewed in an open-ended format. Transcriptions of these audio-recorded sessions were analyzed phenomenologically by the research team, using the method of narrative summary. The results showed that the judges varied widely in their opinions on the way remorse should be assessed and its relevance in judicial decision-making. They agreed that the relevance of remorse varied by type of crime and the stage of the proceedings. The indicators of remorse for some judges were the same as those that indicated the lack of remorse for others. All the judges recognized that assessment of remorse, as well as judicial decision-making in general, must be altered for defendants with mental illness. The judges varied in their views of the relevance of psychiatric assessments in determining remorse, although most acknowledged a role for forensic psychiatrists.

  17. 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.

  18. International law and the detention of refugees and asylum seekers.

    PubMed

    Goodwin-gill, G S

    1986-01-01

    The detention of refugees and asylum-seekers throughout the world remains a serious issue, currently affecting thousands of individuals. This article examines national concepts, powers, and practices of detention and these with individual right of refugees and asylum-seekers under international law. The general role of international law, in conjunction with the UN High Commission for Refugees, is to protect refugees. International law requires that access to detainees be granted and information given whenever refugees and asylum-seekers are detained. Detention itself is no solution, in either the remedial or the preventive sense. It is symptomatic of a variety of real problems and needs covering the broad range of movements of people, and cannot be separated from causes or from the necessity to find appropriate durable solutions. Principles of international solidarity and burden-sharing may offer a basis for the improvement of the lot of refugees and asylum-seekers.

  19. 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

  20. 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.

  1. Race and Gender Effects on Perception of Criminal Events: Testing Hypotheses from Black's "The Behavior of Law."

    ERIC Educational Resources Information Center

    Gould, Leroy C.; Gertz, Marc

    1994-01-01

    Descriptions of criminal events were rated by 611 college students randomly assigned to 1 of 4 conditions in which race and gender of offenders and victims were varied. Race and gender did not affect perception of the seriousness of criminal events. Although students perceived sex differences in the criminal justice system, this did not affect…

  2. 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.

  3. 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.

  4. 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.

  5. 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

  6. 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

  7. 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.

  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. How reliable are Psychopathy Checklist-Revised scores in Canadian criminal trials? A case law review.

    PubMed

    Edens, John F; Cox, Jennifer; Smith, Shannon Toney; DeMatteo, David; Sörman, Karolina

    2015-06-01

    The Psychopathy Checklist-Revised (PCL-R; Hare, 2003) is a professional rating scale that enjoys widespread use in forensic and correctional settings, primarily as a tool to inform risk assessments in a variety of types of cases (e.g., parole determinations, sexually violent predator [SVP] civil commitment). Although widely described as "reliable and valid" in research reports, several recent field studies have suggested that PCL-R scores provided by examiners in forensic cases are significantly less reliable than the interrater reliability values reported in research studies. Most of these field studies, however, have had small samples and only examined SVP civil commitment cases. This study builds on existing research by examining the reliability of PCL-R scores provided by forensic examiners in a much more extensive sample of Canadian criminal cases. Using the LexisNexis database, we identified 102 cases in which at least 2 scores were reported (of 257 total PCL-R scores). The single-rater intraclass correlation coefficient (ICC(A1)) was .59, indicating that a large percentage of the variance in individual scores was attributable to some form of error. ICC values were somewhat higher for sexual offending cases (.66) than they were for nonsexual offending cases (.46), indicating that poor interrater reliability was not restricted specifically to the assessment of sexual offenders. These and earlier findings concerning field reliability in legal cases suggest that the standard error of measurement for PCL-R scores that are provided to the courts is likely to be much larger than the value of 2.90 reported in the instrument's manual.

  10. 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…

  11. Law of the Sea, Resource Use, and International Understanding.

    ERIC Educational Resources Information Center

    Earney, Fillmore C. F.

    Examined are the mandates of the Law of the Sea (LOS) Convention (not ratified by the United States), which set aside approximately two-thirds of the world's oceans as a "common heritage of mankind" to further the establishment of a "new economic order." The convention established an International Seabed Authority designed to…

  12. Emerging perspectives on adolescents and young adults with high-functioning autism spectrum disorders, violence, and criminal law.

    PubMed

    Lerner, Matthew D; Haque, Omar Sultan; Northrup, Eli C; Lawer, Lindsay; Bursztajn, Harold J

    2012-01-01

    As the prevalence of autism spectrum disorders (ASDs) has increased, attention has shifted toward consideration of ASDs in adolescence and adulthood, as well as public health repercussions for this population. Since the social and emotional deficits within ASDs may be salient during incidents of unintended criminal or violent behavior, one area of focus is involvement of adolescents and young adults with ASD in the criminal justice system. Without a thorough understanding of how and why individuals with ASDs may exhibit criminal behavior, judicial and legislative state systems have begun to develop policies lacking a substantial evidence base. In this article, we attempt to synthesize the literature on one type of ASD (high functioning) and criminal behavior. Three specific deficits characteristic of individuals with ASDs (theory of mind, emotion regulation, and moral reasoning) are examined as potential confluent forces leading to criminal behavior among individuals with ASDs. Legal and policy recommendations are presented.

  13. 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.

  14. International Environmental Law and Naval War Newport paper no. 15

    DTIC Science & Technology

    2000-12-01

    fallout and the right to be preserved from “unjustified artificial radioactive contamination of the terrestrial, maritime and aerial environment.”321...national security or the national interest, to intelligence activities, arms transfers etc. Addi- tional case-by-case or class exemptions may be added to...company: Hyde, International Law (1947), 957. 22. Hinsley, British Intelligence in the Second World War (1994), chapter 36 on the Allied oil

  15. Law on the Rocks: International Law and China’s Maritime Disputes

    DTIC Science & Technology

    2014-12-01

    UNCLOS breaks the oceans into four distinct zones, the territorial sea, contiguous zone, exclusive economic zone, and high seas. Each zone entitles...Acquisition of Territorial Sovereignty and Equitable Maritime Boundary Delimitation,” Ocean Development & International Law 32 (2001): 3–7, (hereafter cited...incentive for incorporation into the state (or kingdom, or colony). It was difficult for ancient or colonial governments to administer uninhabited

  16. 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.

  17. 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

  18. 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

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

    PubMed

    Cloatre, Emilie; Pickersgill, Martyn

    2014-10-02

    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.

  20. 46 CFR 10.211 - Criminal record review.

    Code of Federal Regulations, 2010 CFR

    2010-10-01

    ... Endorsements Only Criminal Violations of Environmental Laws Criminal violations of environmental laws involving... convicted of a violation of the dangerous drug laws of the United States, the District of Columbia,...

  1. Criminal Law Study Guide.

    DTIC Science & Technology

    1988-03-01

    accused explained presence of morphine in his urine by st.at.ing he had consumed large quantities of scotch and milk, or else the lab made an error...CLAUSE 3 5-32 0507 ARTICLE 134’S LIIITATIONS 5-38 0508 ARTICLE 133’S LIMITATIONS 5-41 CH1APTER VT DRUG OFFENSES Section Contents Page 0600 ilISTlORICALj...OVERVIEW 6-1 0601 THEORIES OF PROSECUTION 6-1 0602 RELATIONSHIP AMONG DRUG OFFENSES- 060.i REFERENCE TO COTHER AREAS 6--2 p, i - iv A .4t -qL

  2. International Law and Human Rights: Trends concerning International Migrants and Refugees.

    ERIC Educational Resources Information Center

    Goodwin-Gill, Guy S.

    1989-01-01

    Places migrants and refugees within the human rights context, contrasting inalienable rights with the demands of sovereignty, and juxtaposing the two in a context of existing and developing international standards. Shows how the law must evolve, responding coherently to contemporary problems, if the structure of rights is to be maintained.…

  3. 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…

  4. 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.

  5. 25 CFR 11.411 - Criminal trespass.

    Code of Federal Regulations, 2010 CFR

    2010-04-01

    ... 25 Indians 1 2010-04-01 2010-04-01 false Criminal trespass. 11.411 Section 11.411 Indians BUREAU OF INDIAN AFFAIRS, DEPARTMENT OF THE INTERIOR LAW AND ORDER COURTS OF INDIAN OFFENSES AND LAW AND ORDER CODE Criminal Offenses § 11.411 Criminal trespass. (a) A person commits an offense if,...

  6. 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...

  7. 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...

  8. A Criminal Case in the Chinese Courts.

    ERIC Educational Resources Information Center

    Feinerman, James V.

    1992-01-01

    Describes a criminal case decided in the People's Republic of China in March 1991. Discusses the development of the modern Chinese legal system. Compares criminal law in China and the United States. (CFR)

  9. 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

  10. 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.

  11. Genetics and criminal responsibility.

    PubMed

    Morse, Stephen J

    2011-09-01

    Some believe that genetics threatens privacy and autonomy and will eviscerate the concept of human nature. Despite the astonishing research advances, however, none of these dire predictions and no radical transformation of the law have occurred. Advocates have tried to use genetic evidence to affect judgments of criminal responsibility. At present, however genetic research can provide little aid to assessments of criminal responsibility and it does not suggest a radical critique of responsibility.

  12. 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…

  13. 77 FR 71028 - Notice of Meeting of Advisory Committee on International Law

    Federal Register 2010, 2011, 2012, 2013, 2014

    2012-11-28

    ... social responsibility, principles of self-defense, maritime security, international promotion of the... George Washington University Law School (Frederick Lawrence Student Conference Center), 2000 H St....

  14. 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

  15. 75 FR 32532 - Notice of Meeting of the Advisory Committee on International Law

    Federal Register 2010, 2011, 2012, 2013, 2014

    2010-06-08

    ... 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...-binding arrangements; nuclear nonproliferation; international cooperation on piracy; the...

  16. Criminals and Insurgents: The Role of Ethnicity in State Responses to Internal Resource Competitors

    DTIC Science & Technology

    2007-06-01

    and other European slave trading powers.46 Following Britain’s banning of the slave trade in 1807, the focus shifted to the cultivation of palm oil ...Westview Press, 2000), 119-122. 47 Martin Lynn, “The West African Palm Oil Trade” in Robin Law (ed.) From Slave Trade to Legitimate Commerce...Cambridge: Cambridge University Press, 1995), 23-25. 19 previously colluded in the slave trade found new opportunities in exporting palm oil . The chiefs of

  17. Public health, cultural norms and the criminal law: an inconvenient union? A case study of female genital cutting.

    PubMed

    Iyioha, Ireh

    2012-09-01

    Social and cultural stereotypes held about women and their health needs constitute a significant barrier to the enforcement of laws protecting women's health. While the promulgation of remedial legislation to address the problem is a positive step towards protecting women's health, these laws are promulgated in a cultural milieu that remains unwelcoming to women's rights. The clash between long-held cultural perceptions and health laws, such as those affecting women's reproductive health, engenders more problems for women's health because the laws sometimes fail to produce the desired behavioural changes. This paper attempts to debunk the uncritical assumption that legislative reforms without more are positive instruments of change in protecting women's health. In outlining this thesis, the paper examines the legal prohibition of Female Genital Cutting ('FGC') as a case study. To determine whether FGC prohibition laws are likely to be effective in achieving the public health agenda of protecting women's health, the paper analyzes FGC laws against the normative and instrumental theories of legal compliance, as well as against the socio-cultural worldviews underlying the practice. It concludes that legislative efforts to protect women's health may remain ineffective without structured efforts between health systems, governments or legal institutions and the cultural society.

  18. 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)

  19. Criminalization of stalking in Italy: one of the last among the current European member states' anti-stalking laws.

    PubMed

    De Fazio, Laura

    2011-01-01

    This article illustrates the state of knowledge on stalking in Italy from the first scientific review published in 2001 to the recent anti-stalking law, which became effective in February 2009, introducing a new article in the existing Italian Penal Code. In recent years the interest in stalking has increased progressively, such that it is now possible to find official data on the prevalence of the phenomenon in Italy. At the same time, European research activity has moved from the recognition of the phenomenon to analysis of pathways for a victim's assessment of stalking risk and enactment of legal regulation. The new law is described and analyzed.

  20. Criminal Justice Curriculum Models.

    ERIC Educational Resources Information Center

    Lumb, Richard C.; Alm, Mary

    This report outlines three new curriculum models for criminal justice developed as part of the North Carolina Community College System's Curriculum Improvement Project (CIP): the "Generalist"; "Generalist-with-Options" for a Law Enforcement Specialty, Corrections Specialty, or Protective Services Specialty; and "Generalist…

  1. 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'.

  2. Innovation in Law Enforcement. Criminal Justice Monograph. Selections from National Symposium on Law Enforcement Science and Technology. (4th, May 1-3, 1972).

    ERIC Educational Resources Information Center

    National Inst. of Law Enforcement and Criminal Justice (Dept. of Justice/LEAA), Washington, DC.

    This monograph presents a variety of approaches to the practical problem of introducing change into law enforcement agencies. The papers deal with changing the rhetoric of "professionalism," political factors affecting public safety communications consolidation, the climate for change in three police departments (college, suburban, and…

  3. 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

    ... on Private International Law (ACPIL): Public Meeting on Family Law The Department of State, Office of Legal Adviser, Office of Private International Law would like to give notice of a public meeting to... Law on the 1980 Hague Child Abduction Convention and the 1996 Hague Child Protection Convention....

  4. 33 CFR 1.07-95 - Civil and criminal penalties.

    Code of Federal Regulations, 2010 CFR

    2010-07-01

    ... 33 Navigation and Navigable Waters 1 2010-07-01 2010-07-01 false Civil and criminal penalties. 1... GENERAL GENERAL PROVISIONS Enforcement; Civil and Criminal Penalty Proceedings § 1.07-95 Civil and criminal penalties. (a) If a violation of law or regulation carries both a civil and a criminal...

  5. 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.

  6. 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

    .... Department of State Advisory Committee on Private International Law (ACPIL): Notice of Public Meeting of the 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...

  7. 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

    ... 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... approved by the November 2012 Special Commission meeting on choice of law in international contracts,...

  8. Sampling bias in an international internet survey of diversion programs in the criminal justice system.

    PubMed

    Hartford, Kathleen; Carey, Robert; Mendonca, James

    2007-03-01

    Despite advances in the storage and retrieval of information within health care systems, health researchers conducting surveys for evaluations still face technical barriers that may lead to sampling bias. The authors describe their experience in administering a Web-based, international survey to English-speaking countries. Identifying the sample was a multistage effort involving (a) searching for published e-mail addresses, (b) conducting Web searches for publicly funded agencies, and (c) performing literature searches, personal contacts, and extensive Internet searches for individuals. After pretesting, the survey was converted into an electronic format accessible by multiple Web browsers. Sampling bias arose from (a) system incompatibility, which did not allow potential respondents to open the survey, (b) varying institutional gate-keeping policies that "recognized" the unsolicited survey as spam, (c) culturally unique program terminology, which confused some respondents, and (d) incomplete sampling frames. Solutions are offered to the first three problems, and the authors note that sampling bias remains a crucial problem.

  9. 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…

  10. 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...

  11. Determinants of Firm Internal Labor Markets in Large Law Firms.

    ERIC Educational Resources Information Center

    Wholey, Douglas R.

    1985-01-01

    Determinants of individual mobility within firms (promotion) and between firms (lateral entry) are developed and listed. Using data from 80 large law firms over a 3-year period, 8 hypotheses were tested by regressing number of promotions and number of lateral entries on 11 independent variables. Appended are 57 citations. (MLF)

  12. Sexual Harassment Law in Employment: An International Perspective.

    ERIC Educational Resources Information Center

    Husbands, Robert

    1992-01-01

    Describes and compares the law applicable to sexual harassment at work in 23 industrialized countries. Shows how different legal approaches have been adopted to combat sexual harassment in the countries surveyed and how this diversity reflects differences of legal traditions and of attitudes toward the legal classification of sexual harassment.…

  13. 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.

  14. Computer Network Attack and the Use of Force in International Law: Thoughts on a Normative Framework

    DTIC Science & Technology

    1999-06-01

    that it has attained particular significance in the last decade. For instance, Hans Kelsen noted: There are two kinds of force not exercised by...reprisals. HANS KELSEN , COLLECTIVE SECURITY UNDER INTERNATIONAL LAW 57 n.5 (49 Naval War College International Law Studies 1954, 1956). Ian Brownlie...Nations, 41 AM. J. INT’L L. 872 (1947); Hans Kelsen , Collective Security and Collective Self-Defense under the Charter of the United Nations 42 AM. J

  15. 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"…

  16. [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.

  17. 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.

  18. Competency-Based Common-Core Curriculum for Criminal Justice Education.

    ERIC Educational Resources Information Center

    Arizona State Board of Directors for Junior Colleges, Phoenix.

    This publication presents the competency-based, common-core criminal justice curriculum developed to respond to a need for a curriculum recognized by Arizona criminal justice agencies, community colleges, and universities. It contains the five courses of the core curriculum--Introduction to Criminal Justice, Criminal Law, Criminal Procedure, Rules…

  19. 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 piracy; sovereign immunity of foreign government officials; U.N. resolutions and...

  20. 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…

  1. 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.…

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

    PubMed

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

    2015-11-01

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

  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. 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…

  5. The Terrorist as a Belligerent Under International Law

    DTIC Science & Technology

    1987-04-01

    include, but are not limited to murder, ill-treatment or deportation to slave labour or for any other purpose of civilian population of or in occupied... Derecho International, 1962, quoted in Inter-American Juridical Committee, "Statement of Reasons for the Draft Convention on Terrorism and Kidnapping

  6. 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

    ... forward: A revised Brazilian draft convention on applicable law that has recently been expanded to include.... Department of State Advisory Committee on Private International Law: Organization of American States (OAS) Specialized Conference on Private International Law (CIDIP) Study Group The OAS CIDIP Study Group will...

  7. 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

    ... have been put forward: a revised Brazilian draft convention on applicable law that has recently been... Private International Law: Organization of American States (OAS) Specialized Conference on Private International Law (CIDIP) Study Group The OAS CIDIP Study Group will hold another public meeting to continue...

  8. Criminal Charges in Corporate Scandals

    DTIC Science & Technology

    2007-11-02

    Criminal Charges in Corporate Scandals Summary Since the collapse of Enron Corp . in late 2001, there has been a series of scandals involving major U .S...to the series of corporate scandals that began with Enron by passing the Sarbanes-Oxley Act of 2002 . That law created a new oversight body for...List of Tables Table 1. List of Charges, Indictments, and Guilty Pleas in Corporate Scandals Since Enron 2 Criminal Charges in Corporate Scandals

  9. 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

  10. Support for international trade law: The US and the EU compared

    PubMed Central

    Eckhardt, Jappe; Elsig, Manfred

    2016-01-01

    In this article we compare US and EU support for bilateral and multilateral international trade law. We assess the support for international law of both trading blocs by focusing on the following four dimensions: leadership, consent, compliance and internalization. Although we find strong support for international trade law from both the US and the EU in general, we also witness some variation, most notably in relation to the design of preferential trade agreements (PTAs) and compliance with World Trade Organization (WTO) law. Turning to explaining these (moderate) differences, we argue that outcomes in US trade policy can best be explained by a domestic political factor, namely the direct influence of interest groups. Although the involvement of societal interests also goes a long way in explaining EU behavior, it does not tell the entire story. We posit that, in EU trade policy, institutions are a particular conditioning factor that needs to be stressed. Moreover, we suggest that foreign policy considerations in managing trade relations have characterized EU’s support for international trade law. PMID:27867316

  11. Support for international trade law: The US and the EU compared.

    PubMed

    Eckhardt, Jappe; Elsig, Manfred

    2015-10-01

    In this article we compare US and EU support for bilateral and multilateral international trade law. We assess the support for international law of both trading blocs by focusing on the following four dimensions: leadership, consent, compliance and internalization. Although we find strong support for international trade law from both the US and the EU in general, we also witness some variation, most notably in relation to the design of preferential trade agreements (PTAs) and compliance with World Trade Organization (WTO) law. Turning to explaining these (moderate) differences, we argue that outcomes in US trade policy can best be explained by a domestic political factor, namely the direct influence of interest groups. Although the involvement of societal interests also goes a long way in explaining EU behavior, it does not tell the entire story. We posit that, in EU trade policy, institutions are a particular conditioning factor that needs to be stressed. Moreover, we suggest that foreign policy considerations in managing trade relations have characterized EU's support for international trade law.

  12. 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.

  13. 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.

  14. 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

    ... international level through model national laws, legal guidelines, treaties, and other means. ] The Advisory... insolvency; electronic commerce; secured finance; carriage of goods by sea and by other modes...

  15. 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.

  16. Criminal Law Study Guide. Revision

    DTIC Science & Technology

    1994-01-01

    sufficient to sustain the accused’s conviction for wrongful use of cocaine. One government lab tested the urine sample and found presence of metabolite...indicating presence of cocaine. A different government lab tested the urine sample and found absence of a different metabolite indicating no cocaine...5-49 0 Naval Justice School Rev. 1/94 Publication iv Table of Contents CHAPTER VI DRUG OFFENSES Setlon Contents Page 0600 HISTORICAL

  17. Criminal Law Study Guide. Revision

    DTIC Science & Technology

    1990-05-01

    CHAPTER VI DRUG OFFENSES 0 Section Contents 0600 HISTORICAL OVERVIEW 6-1 0601 THEORIES OF PROSECUTION 6-1 0602 RELATIONSHIP AMONG DRUG OFFENSES 6-20 0603...27 0714 INCAPACITATION FOR DUTY THROUGH PRIOR INDULGENCE IN LIQUOR OR ANY DRUG 7-28 0715 DRUNKEN, RECKLESS, OR WANTON DRIVING 7-30 0716 RELATIONSHIP... drug scheme, even though two different drugs were involved and there were several overt acts over a period of time). 2. Offenses requiring a concert

  18. 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

  19. 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…

  20. 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…

  1. 28 CFR 16.91 - Exemption of Criminal Division Systems-limited access, as indicated.

    Code of Federal Regulations, 2010 CFR

    2010-07-01

    ... provision is necessary in order to protect the confidentiality of the sources of criminal and other law... this provision is necessary in order to protect the confidentiality of the sources of criminal law... confidentiality of the sources of criminal and other law enforcement information. Such exemption is...

  2. 28 CFR 16.91 - Exemption of Criminal Division Systems-limited access, as indicated.

    Code of Federal Regulations, 2011 CFR

    2011-07-01

    ... provision is necessary in order to protect the confidentiality of the sources of criminal and other law... this provision is necessary in order to protect the confidentiality of the sources of criminal law... confidentiality of the sources of criminal and other law enforcement information. Such exemption is...

  3. 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…

  4. 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)

  5. [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.

  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 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.…

  8. 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

    ... issues under consideration in the United Nations Commission on International Trade Law (UNCITRAL). The... a meeting of the full Advisory Committee. UNCITRAL has developed a number of instruments related to cross- border insolvency law, including the UNCITRAL Model Law on Cross-Border Insolvency, a...

  9. 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.

  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. 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.

  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 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

    ... commerce), the UNCITRAL Secretariat has prepared draft provisions on electronic transferable records, which.... 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...

  14. 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

    .... Department of State Advisory Committee on Private International Law (ACPIL): Notice of Public Meeting on Draft Principles Regarding the Enforceability of Close-Out Netting The Office of the Assistant Legal Adviser for Private International Law, Department of State, hereby gives notice of a public meeting...

  15. 75 FR 22674 - U.S. Department of State Advisory Committee on Private International Law Study Group Notice of...

    Federal Register 2010, 2011, 2012, 2013, 2014

    2010-04-29

    ... From the Federal Register Online via the Government Publishing Office ] DEPARTMENT OF STATE U.S. Department of State Advisory Committee on Private International Law Study Group Notice of Meeting on the United Nations Commission on International Trade Law (UNCITRAL) Draft Legislative Guide on...

  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...

  17. 75 FR 32834 - U.S. Department of State Advisory Committee on Private International Law Study Group Notice of...

    Federal Register 2010, 2011, 2012, 2013, 2014

    2010-06-09

    ... From the Federal Register Online via the Government Publishing Office DEPARTMENT OF STATE U.S. Department of State Advisory Committee on Private International Law Study Group Notice of Meeting on the United Nations Commission on International Trade Law (UNCITRAL) Draft Legislative Guide on...

  18. 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

    .... Department of State Advisory Committee on Private International Law (ACPIL): Notice of Public Meeting on (1... Commercial Contracts The Office of the Assistant Legal Adviser for Private International Law, Department of State, hereby gives notice of a public meeting to discuss two topics on the agenda of the...

  19. Addicted mothers to be criminalized in Tennessee.

    PubMed

    Koren, Gideon; Hutson, Janine

    2014-01-01

    In April 2014 Tennessee acted to criminalize pregnant women who use illegal drugs and have an offspring "considered harmed". We discuss seven major reasons why this law is wrong and dangerous.  Criminalizing vulnerable, addicted mothers scare them away from treatment. The new law will practically target the poor, vulnerable, uninsured non-white pregnant woman. It is hoped that, similar to previous cases, the American justice system will once again reverse the decision and allow the true American values to prevail.

  20. 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.…

  1. The Use of Social Media Networks and Mobile Phone Applications for Reporting Suspicious and Criminal Activities to Mass Transit Law Enforcement Agencies

    DTIC Science & Technology

    2013-12-01

    pictures of a sexual assault that occurred.29 The ability to report suspicious and criminal activities occurring on mass transit is often compromised...small, like groups of rambunctious teens or notices that lights are out at a train stop, he adds, but fixing those small things helps lend an air of

  2. 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…

  3. 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…

  4. Program Guide for Criminal Justice.

    ERIC Educational Resources Information Center

    Stinchcomb, James D.

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

  5. The first law of black hole mechanics for fields with internal gauge freedom

    NASA Astrophysics Data System (ADS)

    Prabhu, Kartik

    2017-02-01

    We derive the first law of black hole mechanics for physical theories based on a local, covariant and gauge-invariant Lagrangian where the dynamical fields transform non-trivially under the action of some internal gauge transformations. The theories of interest include General Relativity formulated in terms of tetrads, Einstein–Yang–Mills theory and Einstein–Dirac theory. Since the dynamical fields of these theories have some internal gauge freedom, we argue that there is no natural group action of diffeomorphisms of spacetime on such dynamical fields. In general, such fields cannot even be represented as smooth, globally well-defined tensor fields on spacetime. Consequently the derivation of the first law by Iyer and Wald cannot be used directly. Nevertheless, we show how such theories can be formulated on a principal bundle and that there is a natural action of automorphisms of the bundle on the fields. These bundle automorphisms encode both spacetime diffeomorphisms and internal gauge transformations. Using this reformulation we define the Noether charge associated to an infinitesimal automorphism and the corresponding notion of stationarity and axisymmetry of the dynamical fields. We first show that we can define certain potentials and charges at the horizon of a black hole so that the potentials are constant on the bifurcate Killing horizon, giving a generalised zeroth law for bifurcate Killing horizons. We further identify the gravitational potential and perturbed charge as the temperature and perturbed entropy of the black hole which gives an explicit formula for the perturbed entropy analogous to the Wald entropy formula. We then obtain a general first law of black hole mechanics for such theories. The first law relates the perturbed Hamiltonians at spatial infinity and the horizon, and the horizon contributions take the form of a ‘potential times perturbed charge’ term. We also comment on the ambiguities in defining a prescription for the total

  6. The first law of black hole mechanics for fields with internal gauge freedom

    NASA Astrophysics Data System (ADS)

    Prabhu, Kartik

    We derive the first law of black hole mechanics for physical theories based on a local, covariant and gauge-invariant Lagrangian where the dynamical fields transform non-trivially under the action of some internal gauge transformations. The theories of interest include General Relativity formulated in terms of tetrads, Einstein-Yang-Mills theory and Einstein-Dirac theory. Since the dynamical fields of these theories have some internal gauge freedom, we argue that there is no natural group action of diffeomorphisms of spacetime on such dynamical fields. In general, such fields cannot even be represented as smooth, globally well-defined tensor fields on spacetime. Consequently the derivation of the first law by Iyer and Wald cannot be used directly. Nevertheless, we show how such theories can be formulated on a principal bundle and that there is a natural action of automorphisms of the bundle on the fields. These bundle automorphisms encode both spacetime diffeomorphisms and internal gauge transformations. Using this reformulation we define the Noether charge associated to an infinitesimal automorphism and the corresponding notion of stationarity and axisymmetry of the dynamical fields. We first show that we can define certain potentials and charges at the horizon of a black hole so that the potentials are constant on the bifurcate Killing horizon, giving a generalised zeroth law for bifurcate Killing horizons. We further identify the gravitational potential and perturbed charge as the temperature and perturbed entropy of the black hole which gives an explicit formula for the perturbed entropy analogous to the Wald entropy formula. We then obtain a general first law of black hole mechanics for such theories. The first law relates the perturbed Hamiltonians at spatial infinity and the horizon, and the horizon contributions take the form of a "potential times perturbed charge" term. We also comment on the ambiguities in defining a prescription for the total entropy for

  7. 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.

  8. 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.

  9. 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.

  10. 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…

  11. 26 CFR 601.107 - Criminal investigation functions.

    Code of Federal Regulations, 2010 CFR

    2010-04-01

    ... through the investigation of possible criminal violations of such laws and the recommendation (when... information concerning the extent of criminal violations of all Federal tax laws (except those relating to... affidavit or transcript of a question and answer statement will be furnished a witness promptly, except...

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

    PubMed

    Gostin, Lawrence O

    2004-06-02

    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.

  13. 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...

  14. 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...

  15. 22 CFR 1101.16 - Criminal penalties.

    Code of Federal Regulations, 2014 CFR

    2014-04-01

    ... 22 Foreign Relations 2 2014-04-01 2014-04-01 false 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...

  16. Panel: challenging criminal charges for HIV transmission and exposure.

    PubMed

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

    2009-12-01

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

  17. Criminal Alien Accountability Act

    THOMAS, 111th Congress

    Rep. Issa, Darrell E. [R-CA-49

    2009-06-11

    07/23/2009 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:

  18. 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.

  19. 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...

  20. 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...

  1. 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:…

  2. 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

  3. Strategic Forum. Number 277. April 2012. Grand Strategy and International Law

    DTIC Science & Technology

    2012-04-01

    times. Notes 1 John Lewis Gaddis, “What Is Grand Strategy?” Karl Von Der Heyden Distinguished Lecture, Duke University, February 2009, 7, available...available at <www.ditchley.co.uk/page/367/ international-law.htm>. 4 Cf. Morton A. Kaplan and Nicholas deB. Katzenbach , The Political Foundations of...larger, formal process, through which members of the society pursue and realize values in an orderly way.” 5 In the 19th century, John Austin argued

  4. 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.

  5. Order Out of Chaos: Domestic Enforcement of the Law of Internal Armed Conflict

    DTIC Science & Technology

    2001-04-01

    the time of the Resolution’s passage, Rwanda was an at-large member of the Security Council. See Ambassador Manzi Bakuramutsa, Identifying and...the genocide is questionable. See Ambassador Manzi Bakuramutsa, Identifying and Prosecuting War Criminal: Two Case Studies - the Former Yugoslavia...437 See Ambassador Manzi Bakuramutsa, Identifying and Prosecuting War Criminal: Two Case Studies - the Former Yugoslavia and Rwanda, 12 N.Y.L. SCH

  6. 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

  7. 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.

  8. 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

    .... Department of State Advisory Committee on Private International Law: Public Meeting on the Work of the UNCITRAL Working Group on International Arbitration and Conciliation In June, the United Nations Commission... 2010 UNCITRAL Arbitration Rules will take effect on August 15, 2010. In its next phase of work,...

  9. 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)…

  10. 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)

  11. 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…

  12. Criminal behavior, criminal mind: being caught in a "criminal spin".

    PubMed

    Ronel, Natti

    2011-12-01

    The innovative theory of the "criminal spin" presents a phenomenological description and interpretation of criminal conduct. The theory indicates a process that occurs in different phases of criminality, involving an escalation of criminal activity, thinking, and emotions that run beyond self-control, sometimes contrary to initial decision. Its phenomenology indicates an interaction between individual, group, and situation and a growing self-centeredness with two leading motives: "I can" and "I must." The first denotes a perceived legitimacy and capability to perform criminal conduct. The second reflects an existential threat and a belief that it must be removed by any action. These motives may operate in an acute or a chronic phase, within individuals, groups, or societies. The spin is a detectable process with known characteristics and prognosis. Implications for intervention are outlined.

  13. Victim-induced criminality.

    PubMed

    Fooner, M

    1966-09-02

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

  14. [Permanent essential defacement--remarks on the possibilities of verification of the accepted criteria in medico-legal certification in criminal and civil law proceedings].

    PubMed

    Chowaniec, Czesław; Nowak, Agnieszka; Jabłoński, Christian; Neniczka, Stanisława

    2007-01-01

    Despite the fact that some criteria of medico-legal certification in criminal and civil proceedings have been established, there are still some topics which are controversial and thus require modification. This is also true of the notion of "permanent essential defacement". In the opinion of the authors, changes in social conventions that are occurring nowadays, as well as a highly diversified, subjective perception of esthetic values indicate the need for discussing a possible modification of the presently obligatory criteria. Apart from the assessment of posttraumatic changes, an important problem is posed by defining the notion of "a part of the body customarily open to the view ". Additionally, the authors bring up for discussion the issue of experts taking into consideration the age and sex of the victims while assessing damages. A separate problem lies in difficulties in assessing the degree of detriment to health because of defacement due to the fact that official tables for evaluating permanent or long-term detriment to health do not include relevant information.

  15. HIV risk among MSM in Senegal: a qualitative rapid assessment of the impact of enforcing laws that criminalize same sex practices.

    PubMed

    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.

  16. 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

  17. 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…

  18. 78 FR 76860 - Contraband Screening 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 person screening portals or detectors for use by criminal justice and law enforcement for the detection of contraband. Screening technology is widely used by criminal justice practitioners (in particular, correctional facilities) to improve the safety and security of staff, visitors, inmates, and......

  19. 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…

  20. 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.

  1. 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…

  2. 45 CFR 681.46 - What if the investigation indicates criminal misconduct?

    Code of Federal Regulations, 2014 CFR

    2014-10-01

    ... report suspected violations of criminal law to the NSF Office of Inspector General or to the Attorney... 45 Public Welfare 3 2014-10-01 2014-10-01 false What if the investigation indicates criminal... investigation indicates criminal misconduct? (a) Any investigating official may: (1) Refer allegations...

  3. 45 CFR 2554.51 - What if the investigation indicates criminal misconduct?

    Code of Federal Regulations, 2014 CFR

    2014-10-01

    ... requirement that the Corporation employees report suspected violations of criminal law to the Corporation's... 45 Public Welfare 4 2014-10-01 2014-10-01 false What if the investigation indicates criminal... Appeals § 2554.51 What if the investigation indicates criminal misconduct? (a) Any investigating...

  4. 13 CFR 142.40 - What if the investigation indicates criminal misconduct?

    Code of Federal Regulations, 2014 CFR

    2014-01-01

    ... suspected violations of criminal law to the SBA Office of Inspector General or to the Attorney General. ... indicates criminal misconduct? 142.40 Section 142.40 Business Credit and Assistance SMALL BUSINESS... investigation indicates criminal misconduct? (a) Any investigating official may: (1) Refer allegations...

  5. 13 CFR 142.40 - What if the investigation indicates criminal misconduct?

    Code of Federal Regulations, 2011 CFR

    2011-01-01

    ... suspected violations of criminal law to the SBA Office of Inspector General or to the Attorney General. ... indicates criminal misconduct? 142.40 Section 142.40 Business Credit and Assistance SMALL BUSINESS... investigation indicates criminal misconduct? (a) Any investigating official may: (1) Refer allegations...

  6. 45 CFR 681.46 - What if the investigation indicates criminal misconduct?

    Code of Federal Regulations, 2012 CFR

    2012-10-01

    ... report suspected violations of criminal law to the NSF Office of Inspector General or to the Attorney... 45 Public Welfare 3 2012-10-01 2012-10-01 false What if the investigation indicates criminal... investigation indicates criminal misconduct? (a) Any investigating official may: (1) Refer allegations...

  7. 13 CFR 142.40 - What if the investigation indicates criminal misconduct?

    Code of Federal Regulations, 2013 CFR

    2013-01-01

    ... suspected violations of criminal law to the SBA Office of Inspector General or to the Attorney General. ... indicates criminal misconduct? 142.40 Section 142.40 Business Credit and Assistance SMALL BUSINESS... investigation indicates criminal misconduct? (a) Any investigating official may: (1) Refer allegations...

  8. 45 CFR 2554.51 - What if the investigation indicates criminal misconduct?

    Code of Federal Regulations, 2013 CFR

    2013-10-01

    ... requirement that the Corporation employees report suspected violations of criminal law to the Corporation's... 45 Public Welfare 4 2013-10-01 2013-10-01 false What if the investigation indicates criminal... Appeals § 2554.51 What if the investigation indicates criminal misconduct? (a) Any investigating...

  9. 45 CFR 681.46 - What if the investigation indicates criminal misconduct?

    Code of Federal Regulations, 2011 CFR

    2011-10-01

    ... report suspected violations of criminal law to the NSF Office of Inspector General or to the Attorney... 45 Public Welfare 3 2011-10-01 2011-10-01 false What if the investigation indicates criminal... investigation indicates criminal misconduct? (a) Any investigating official may: (1) Refer allegations...

  10. 45 CFR 2554.51 - What if the investigation indicates criminal misconduct?

    Code of Federal Regulations, 2011 CFR

    2011-10-01

    ... requirement that the Corporation employees report suspected violations of criminal law to the Corporation's... 45 Public Welfare 4 2011-10-01 2011-10-01 false What if the investigation indicates criminal... Appeals § 2554.51 What if the investigation indicates criminal misconduct? (a) Any investigating...

  11. 13 CFR 142.40 - What if the investigation indicates criminal misconduct?

    Code of Federal Regulations, 2012 CFR

    2012-01-01

    ... suspected violations of criminal law to the SBA Office of Inspector General or to the Attorney General. ... indicates criminal misconduct? 142.40 Section 142.40 Business Credit and Assistance SMALL BUSINESS... investigation indicates criminal misconduct? (a) Any investigating official may: (1) Refer allegations...

  12. 45 CFR 2554.51 - What if the investigation indicates criminal misconduct?

    Code of Federal Regulations, 2012 CFR

    2012-10-01

    ... requirement that the Corporation employees report suspected violations of criminal law to the Corporation's... 45 Public Welfare 4 2012-10-01 2012-10-01 false What if the investigation indicates criminal... Appeals § 2554.51 What if the investigation indicates criminal misconduct? (a) Any investigating...

  13. 45 CFR 681.46 - What if the investigation indicates criminal misconduct?

    Code of Federal Regulations, 2013 CFR

    2013-10-01

    ... report suspected violations of criminal law to the NSF Office of Inspector General or to the Attorney... 45 Public Welfare 3 2013-10-01 2013-10-01 false What if the investigation indicates criminal... investigation indicates criminal misconduct? (a) Any investigating official may: (1) Refer allegations...

  14. 45 CFR 73.735-503 - Criminal provisions relating to gifts, entertainment, and favors.

    Code of Federal Regulations, 2010 CFR

    2010-10-01

    ... GENERAL ADMINISTRATION STANDARDS OF CONDUCT Gifts, Entertainment, and Favors § 73.735-503 Criminal provisions relating to gifts, entertainment, and favors. (a) The law provides criminal penalties for whoever... 45 Public Welfare 1 2010-10-01 2010-10-01 false Criminal provisions relating to...

  15. 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.

  16. 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.

  17. 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…

  18. Nurturing Respect for the Law.

    ERIC Educational Resources Information Center

    Ioffe, M. G.

    1978-01-01

    Describes the content and methodology of elective courses which expand Soviet student's understanding of the Soviet state and the courts, the structure of power, and the basic rights and duties of the citizen. Courses in labor law, love and family law, criminal law, and constitutional law expand the current social studies curriculum. (KC)

  19. Prospects for the international migration of U.S. sex offender registration and community notification laws.

    PubMed

    Logan, Wayne A

    2011-01-01

    Sex offender registration and community notification laws have proved enormously popular in the U.S. This is so even though the avowed sexual violence preventive benefits of the laws remain largely untested and unproven; indeed, it remains an open question whether the laws actually have anti-therapeutic and criminogenic effect. This article examines why this data deficit has characterized the social and political evolution of the laws and considers the prospects for their migration to other nations.

  20. 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...

  1. 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

    ..., gives notice of a public meeting to discuss a Working Paper prepared by the Secretariat of the United Nations Commission on International Trade Law (UNCITRAL). The public meeting will take place on Monday... response to a request from UNCITRAL's Working Group IV (electronic commerce), the UNCITRAL Secretariat...

  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. A Confirmatory Factor Analysis of the Wong and Law Emotional Intelligence Scale in a Sample of International College Students

    ERIC Educational Resources Information Center

    Ng, Kok-Mun; Wang, Chuang; Zalaquett, Carlos P.; Bodenhorn, Nancy

    2007-01-01

    There is the need for a reliable and valid measure to facilitate emotional intelligence (EI) research on international college students (ICSs). The present study examined the factorial invariance of the Wong and Law Emotional Intelligence Scale (WLEIS), a trait EI measure, in a sample of 628 ICSs. A web-based survey was developed to facilitate…

  4. 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

    ... 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... Adviser, Department of State. BILLING CODE 4710-08-P...

  5. 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…

  6. The Effect of Internal Possession Laws on Underage Drinking Among High School Students: A 12-State Analysis

    PubMed Central

    Disney, Lynn D.; Yi, Hsiao-ye

    2013-01-01

    Objectives. We assessed the effect of internal possession (IP) laws, which allow law enforcement to charge underage drinkers with alcohol possession if they have ingested alcohol, on underage drinking behaviors. Methods. We examined Youth Risk Behavior Survey (YRBS) data from 12 states with IP laws and with YRBS data before and after each law’s implementation. We used logistic regression models with fixed effects for state to assess the effects of IP laws on drinking and binge drinking among high school students. Results. Implementation of IP laws is associated with reductions in the odds of past-month drinking. This reduction was bigger among male than among female adolescents (27% vs 15%) and only significant among younger students aged 14 and 15 years (15% and 11%, respectively). Male adolescents also reported a significant reduction (24%) in the odds of past-month binge drinking under IP laws. Conclusions. These findings suggest that IP laws are effective in reducing underage drinking, particularly among younger adolescents. PMID:23597385

  7. War, Law and Order - Case Study: Australian Whole-of-Government Efforts to Develop the Security and Criminal Justice Sectors in Stabilization

    DTIC Science & Technology

    2012-05-01

    responses from Government forces. More philosophically, foreign forces should not give up their own national values in the name of supporting another...delineate the responsibilities of each Government agency to realise that policy.220 It could also usefully describe the future international environment...protect the population and key infrastructure; promote political processes and governance structures, which lead to a political settlement that

  8. 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?

  9. 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,…

  10. 12 CFR 550.136 - To what extent do State laws apply to my fiduciary operations?

    Code of Federal Regulations, 2011 CFR

    2011-01-01

    ... fiduciary services to the public free from undue regulatory duplication and burden), OTS occupies the field...) Real property law; (3) Tort law; (4) Criminal law; (5) Probate law; and (6) Any other law that...

  11. 12 CFR 550.136 - To what extent do State laws apply to my fiduciary operations?

    Code of Federal Regulations, 2010 CFR

    2010-01-01

    ... fiduciary services to the public free from undue regulatory duplication and burden), OTS occupies the field...) Real property law; (3) Tort law; (4) Criminal law; (5) Probate law; and (6) Any other law that...

  12. 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.

  13. 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…

  14. 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…

  15. 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…

  16. 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…

  17. 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…

  18. 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…

  19. 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,…

  20. 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)

  1. 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…

  2. 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…

  3. Law and Social Change in Marxist Africa

    ERIC Educational Resources Information Center

    Hazard, John N.

    1970-01-01

    The basic concepts discussed are: social change manipulation through management of economic resources; the leadership of the few that understand the process; and, the law as the primary instrument of implementation (criminal, family, public laws). (SE)

  4. 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.

  5. 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.

  6. 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...

  7. 45 CFR 2551.27 - What two search components of the National Service Criminal History Check must I satisfy to...

    Code of Federal Regulations, 2010 CFR

    2010-10-01

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

  8. 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...

  9. 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...

  10. 45 CFR 2551.27 - What two search components of the National Service Criminal History Check must I satisfy to...

    Code of Federal Regulations, 2011 CFR

    2011-10-01

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

  11. 22 CFR 40.5 - Limitations on the use of National Crime Information Center (NCIC) criminal history information.

    Code of Federal Regulations, 2012 CFR

    2012-04-01

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

  12. 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...

  13. 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...

  14. 22 CFR 40.5 - Limitations on the use of National Crime Information Center (NCIC) criminal history information.

    Code of Federal Regulations, 2013 CFR

    2013-04-01

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

  15. 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...

  16. 22 CFR 40.5 - Limitations on the use of National Crime Information Center (NCIC) criminal history information.

    Code of Federal Regulations, 2014 CFR

    2014-04-01

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

  17. 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...

  18. 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...

  19. 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...

  20. 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...

  1. 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...

  2. 78 FR 44415 - Continuation of the National Emergency With Respect to Transnational Criminal Organizations

    Federal Register 2010, 2011, 2012, 2013, 2014

    2013-07-23

    ... With Respect to Transnational Criminal Organizations #0; #0; #0; Presidential Documents #0; #0; #0;#0... Transnational Criminal Organizations On July 24, 2011, by Executive Order 13581, I declared a national emergency with respect to transnational criminal organizations pursuant to the International Emergency...

  3. Comorbid mental illness and criminalness implications for housing and treatment.

    PubMed

    Bartholomew, Nicole R; Morgan, Robert D

    2015-06-01

    The relationship between mental illness, violence, and criminal behavior is complex, and involves a multifaceted interaction of biological, psychological, and social processes. In this article, we review the emerging research that examines the neurobiological and psychological factors that distinguish between persons with mental illness who do and who do not engage in crime and violence. Additionally, a novel model for understanding the interaction between mental illness and criminalness is proposed. (As defined by Morgan and colleagues, criminalness is defined as behavior that breaks laws and social conventions and/or violates the rights and wellbeing of others.) Stemming from this model and outlined research, we argue that management and treatment approaches should target the co-occurring domains of mental illness and criminalness to improve criminal and psychiatric outcomes. Specifically, we discuss and propose effective housing (management) and biopsychosocial intervention strategies for improving outcomes.

  4. 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.

  5. Senior Officers Legal Orientation: Criminal Law Text

    DTIC Science & Technology

    1992-05-01

    statistical picture of morale and discipline; serious crime is an unfortunate but inevitable facet of human conduct and should be prosecuted. The...under, of a value of more than $100.00 False swearing Firearm, discharging vrongfully so as to endanger human life Graft Homicide, negligent T-decent act...leave testing). 5-35 c. how long between tests? 4. What to do when a "super soldier" tests positive. a. Polygraphs. b. Blood typing. C. DNA. d. Hair

  6. 20 CFR 638.805 - Security and law enforcement.

    Code of Federal Regulations, 2011 CFR

    2011-04-01

    ... jurisdiction with the appropriate State and locality with respect to criminal law enforcement as long as a... jurisdiction establish agreements with federal, State and local law enforcement agencies to enforce criminal... 20 Employees' Benefits 3 2011-04-01 2011-04-01 false Security and law enforcement. 638.805...

  7. "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.

  8. The Problems of Coordination of the International Duties of the Kazakhstan Republic in the Social-Labour Sphere and National Law

    ERIC Educational Resources Information Center

    Buribayev, Yermek A.; Oryntayev, Zhambyl K.; Bekbossynov, Yermek; Mazhinbekov, Saken; Yessenbekova, Patima; Blasheva, Manshuk

    2016-01-01

    Background/Objectives: The research topicality is conditioned by the fact that the labour secure of the social and labour human rights is realized not only by the national law but also by the international law that is usually more progressive and establishes the generally accepted standards and norms of human rights in the social-labour sphere.…

  9. 78 FR 70392 - Notice of Meeting of Advisory Committee on International Law

    Federal Register 2010, 2011, 2012, 2013, 2014

    2013-11-25

    ... 2:30 p.m. at the George Washington University Law School (Frederick Lawrence Student Conference... phone number. A valid photo ID is required for admission to the meeting. Members of the public who..., United States Department of State. BILLING CODE 4710-08-P...

  10. 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....

  11. School Internal Investigations of Employees, Open Records Laws, and the Prying Press.

    ERIC Educational Resources Information Center

    Remington, Lee R.

    2002-01-01

    Discusses history and purpose of state open-records laws. Surveys how parties make open-records requests, various causes of action, and sanctions for noncompliance. Examines how open-records requests related to district investigations can implicate the Family Education Rights and Privacy Act. Attempts to find appropriate balance between public's…

  12. 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.

  13. 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.

  14. Criminal defense in Chinese courtrooms: an empirical inquiry.

    PubMed

    Liang, Bin; He, Ni Phil

    2014-10-01

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

  15. 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…

  16. 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.

  17. 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.

  18. [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.

  19. Using International Law to Defuse Current Controversies in the South and East China Seas

    DTIC Science & Technology

    2015-02-01

    conditions for accepting arbitration and the positive outcomes in the arbitral decisions can apply to other, similar disputes in the neighboring South and...above position is consistently held by the Chinese Government and is widely known by the international community.” Had this statement said something... position would have been at least somewhat more tenable in international legal forums. 11 “New Chinese Map Gives Greater Plan to South China Sea Claims

  20. The use of computed tomography scans and the Bender Gestalt Test in the assessment of competency to stand trial and criminal responsibility in the field of mental health and law.

    PubMed

    Mosotho, Nathaniel Lehlohonolo; Timile, Ino; Joubert, Gina

    computed tomography and the Bender Gestalt Test are some of the tests used routinely for the assessment of alleged offenders referred under Sections 77 and 78 of the Criminal Procedure Act 51 of 1977. An exploratory retrospective study was conducted at the Free State Psychiatric Complex. The aim of this study was to identify the extent to which the Bender Gestalt Test results and the computed tomography scans are associated with outcomes in the assessment of competency to stand trial and criminal responsibility in individuals referred to the Free State Psychiatric Complex (FSPC) observation unit. This was a cross-sectional study and the entire population of patients admitted in 2013 was included in the study. The clinical and demographic data were obtained from patient files. The majority of participants were black, males, single and unemployed. The most common diagnosis was schizophrenia. The current study showed no statistically significant association between the Bender Gestalt Test Hain's scores and the outcome of criminal responsibility and competency to stand trial. Similarly, the study also showed no statistically significant association between the presence of a brain lesion and the outcome of criminal responsibility and competency to stand trial. It was also concluded that as CT scans are expensive, patients should be referred for that service only when there is a clear clinical indication to do so.

  1. Criminal Responsibility, Free Will, and Neuroscience

    NASA Astrophysics Data System (ADS)

    Hodgson, David

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

  2. Evaluation of the Defense Criminal Investigative Organizations’ Defense Incident-Based Reporting System Reporting and Reporting Accuracy

    DTIC Science & Technology

    2014-10-29

    crime statistics . The Act directs Federal agencies that routinely investigate complaints of criminal activity to report details about such crimes to the...not reporting criminal incident data to the Federal Bureau of Investigation (FBI) for inclusion in the annual Uniform Crime Reports to the President...Federal law. The FBI uses the data to develop a reliable set of criminal statistics for U.S. law enforcement agencies. Recommendations • The

  3. Do Countries Consistently Engage in Misinforming the International Community about Their Efforts to Combat Money Laundering? Evidence Using Benford's Law.

    PubMed

    Deleanu, Ioana Sorina

    2017-01-01

    Indicators of compliance and efficiency in combatting money laundering, collected by EUROSTAT, are plagued with shortcomings. In this paper, I have carried out a forensic analysis on a 2003-2010 dataset of indicators of compliance and efficiency in combatting money laundering, that European Union member states self-reported to EUROSTAT, and on the basis of which, their efforts were evaluated. I used Benford's law to detect any anomalous statistical patterns and found that statistical anomalies were also consistent with strategic manipulation. According to Benford's law, if we pick a random sample of numbers representing natural processes, and look at the distribution of the first digits of these numbers, we see that, contrary to popular belief, digit 1 occurs most often, then digit 2, and so on, with digit 9 occurring in less than 5% of the sample. Without prior knowledge of Benford's law, since people are not intuitively good at creating truly random numbers, deviations thereof can capture strategic alterations. In order to eliminate other sources of deviation, I have compared deviations in situations where incentives and opportunities for manipulation existed and in situations where they did not. While my results are not a conclusive proof of strategic manipulation, they signal that countries that faced incentives and opportunities to misinform the international community about their efforts to combat money laundering may have manipulated these indicators. Finally, my analysis points to the high potential for disruption that the manipulation of national statistics has, and calls for the acknowledgment that strategic manipulation can be an unintended consequence of the international community's pressure on countries to put combatting money laundering on the top of their national agenda.

  4. Vital Interests, Virtual Threats: Reconciling International Law with Information Warfare and United States Security

    DTIC Science & Technology

    1999-05-01

    John D. Jones and Marc F. Griesbach, eds., Just War Theory in the Nuclear Age (New York, N.Y.: University Press of America, 1985), 3-34; see also A.J...change as technology developed. In 1951, John C. Cooper, former director of the Institute of Air Law at McGill University, tended to agree with...Baltimore, MD: Johns Hopkins University Press), 186. 23 destruction (WMD) on orbit might be a logical next step. "This system of attack by ’airborne’ ICBM

  5. Know Your Laws.

    ERIC Educational Resources Information Center

    Watson, Joan Q.

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

  6. 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…

  7. 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...

  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, 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...

  10. 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...

  11. 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)

  12. Student criminal background checks in colleges of allied health.

    PubMed

    Wyatt, Diane; Aziz, Hassan; Mahoney, Sherry; Gilman, Frances H

    2008-01-01

    The demand that criminal background checks be performed for students in allied health schools and programs has soared in recent years. The need for criminal background checks on students entering the health care professions has emerged as a critical issue largely due to requirements by clinical affiliate training sites. The Joint Commission published a standard stating, "for staff, students and volunteers who work in the same capacity as staff who provide care, treatment, and services, at Elements of Performance 5 states criminal background checks are verified when required by law and regulation and organization policy." More simply stated, this means that criminal background check records must be verifiable if required by some authoritative entity such as state law. However, whether by misinterpretation of the standard or through conscious decision by organization policy makers, many health care organizations suddenly began to require criminal background checks as part of their affiliation agreements with health related schools or programs. The focus of this study was to identify current practices of allied health institutions regarding their conduct of criminal background checks on students entering the allied health professions.

  13. 28 CFR 16.91 - Exemption of Criminal Division Systems-limited access, as indicated.

    Code of Federal Regulations, 2014 CFR

    2014-07-01

    ...) and (4), (d), (e) (4) (G), (H) and (I), (f), and (g) of 5 U.S.C. 552a: Organized Crime and... system. However, in the course of criminal investigations, cases, and matters, the Organized Crime and... with law. (2) General Crimes Section, Criminal Division, Central Index File and Associated...

  14. 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%…

  15. 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…

  16. Can Education Reform Canada's Criminals?

    ERIC Educational Resources Information Center

    Griffin, D. K.

    1978-01-01

    Discusses the development of the existing correctional programs in Canada's prisons, some theories of criminality, and two competing views on the best way to reform criminals today. Also gives a short review of penitentiary education programs. (RK)

  17. International public health law: not so much WHO as why, and not enough WHO and why not?

    PubMed

    Harmon, Shawn H E

    2009-08-01

    To state the obvious, "health matters", but health (or its equitable enjoyment) is neither simple nor easy. Public health in particular, which encompasses a broad collection of complex and multidisciplinary activities which are critical to the wellbeing and security of individuals, populations and nations, is a difficult milieu to master effectively. In fact, despite the vital importance of public health, there is a relative dearth of ethico-legal norms tailored for, and directed at, the public health sector, particularly at the international level. This is a state of affairs which is no longer tenable in the global environment. This article argues that public health promotion is a moral duty, and that international actors are key stakeholders upon whom this duty falls. In particular, the World Health Organization bears a heavy responsibility in this regard. The article claims that better health can and must be better promoted through a more robust interpretation of the WHO's role, arguing that neither the WHO nor international law have yet played their necessary part in promoting health for all.

  18. 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.

  19. Persons with intellectual disabilities in the criminal justice system: review of issues.

    PubMed

    Jones, Jessica

    2007-12-01

    Although the vast majority of individuals with intellectual disabilities (ID) are law-abiding citizens, there is a small percentage with offending behaviour that is considered antisocial, socially inappropriate, or defined as illegal. It has long been recognised that individuals with ID or mental-health needs who break the law should be dealt with differently from the general population. There have been an increasing number of empirical studies in this area; however, these have been plagued by various definitional and methodological issues. Prevalence estimates of offenders with ID are complicated by diagnostic variations and inconsistencies in the criminal justice process. International studies have shown a large range, from 2% to 40%, depending on methodological approaches. The following review will highlight the salient issues including prevalence of offending, characteristics of offenders, vulnerabilities within the legal system, assessment, and a brief overview of intervention and treatment approaches.

  20. 25 CFR 11.406 - Criminal coercion.

    Code of Federal Regulations, 2010 CFR

    2010-04-01

    ... 25 Indians 1 2010-04-01 2010-04-01 false Criminal coercion. 11.406 Section 11.406 Indians BUREAU... ORDER CODE Criminal Offenses § 11.406 Criminal coercion. (a) A person is guilty of criminal coercion if... threatens to: (1) Commit any criminal offense; or (2) Accuse anyone of a criminal offense; or (3) Take...

  1. Minnesota Multiphasic Personality Inventory-2-Restructured Form (MMPI-2-RF) scores generated from the MMPI-2 and MMPI-2-RF test booklets: internal structure comparability in a sample of criminal defendants.

    PubMed

    Tarescavage, Anthony M; Alosco, Michael L; Ben-Porath, Yossef S; Wood, Arcangela; Luna-Jones, Lynn

    2015-04-01

    We investigated the internal structure comparability of Minnesota Multiphasic Personality Inventory-2-Restructured Form (MMPI-2-RF) scores derived from the MMPI-2 and MMPI-2-RF booklets in a sample of 320 criminal defendants (229 males and 54 females). After exclusion of invalid protocols, the final sample consisted of 96 defendants who were administered the MMPI-2-RF booklet and 83 who completed the MMPI-2. No statistically significant differences in MMPI-2-RF invalidity rates were observed between the two forms. Individuals in the final sample who completed the MMPI-2-RF did not statistically differ on demographics or referral question from those who were administered the MMPI-2 booklet. Independent t tests showed no statistically significant differences between MMPI-2-RF scores generated with the MMPI-2 and MMPI-2-RF booklets on the test's substantive scales. Statistically significant small differences were observed on the revised Variable Response Inconsistency (VRIN-r) and True Response Inconsistency (TRIN-r) scales. Cronbach's alpha and standard errors of measurement were approximately equal between the booklets for all MMPI-2-RF scales. Finally, MMPI-2-RF intercorrelations produced from the two forms yielded mostly small and a few medium differences, indicating that discriminant validity and test structure are maintained. Overall, our findings reflect the internal structure comparability of MMPI-2-RF scale scores generated from MMPI-2 and MMPI-2-RF booklets. Implications of these results and limitations of these findings are discussed.

  2. [The Bilbao declaration: international meeting on the law concerning the human genome project].

    PubMed

    1994-06-01

    The Bilbao statement was the result of a work meeting, held the day before the closing session by a group of representative experts, formed by general chairmen and meeting organizers. The compelled and necessary consent gave rise to the document that was read and communicated to the world's public opinion during the closing act on may 26, 1993. Notwithstanding, the working group considered that the divulged version was provisory and committed to continue the task of re-elaborating the statement. The aim was to complete and improve it, taking the greatest advantage of the important meeting achievements. The document that is next reproduced is the definitive integral version of the Bilbao Statement. The expert group that takes the responsibility of this Statement is Jean Dausset, Nobel Prize of Medicine (1980); Carleton Gajdusek, Nobel Prize of Medicine (1976); Santiago Grisolía president of UNESCO committee for the Genome Project; Michael Kirby, President of the Court of Appeal of the Supreme Court of New South Wales, Australia; Aaron Klug, member of the Constitutional Council, Paris, France; Rafael Mendizábal, Judge of the Constitutional Court, Madrid, Spain; Juan Bautista Pardo, President of the Superior Court of Justice of the Basque Country and Carlos María Romeo Casabona, Director of the Chair of Law and Human Genome of the University of Deusto (Bilbao).

  3. Achieving transparency in implementing abortion laws.

    PubMed

    Cook, R J; Erdman, J N; Dickens, B M

    2007-11-01

    National and international courts and tribunals are increasingly ruling that although states may aim to deter unlawful abortion by criminal penalties, they bear a parallel duty to inform physicians and patients of when abortion is lawful. The fear is that women are unjustly denied safe medical procedures to which they are legally entitled, because without such information physicians are deterred from involvement. With particular attention to the European Court of Human Rights, the UN Human Rights Committee, the Constitutional Court of Colombia, the Northern Ireland Court of Appeal, and the US Supreme Court, decisions are explained that show the responsibility of states to make rights to legal abortion transparent. Litigants are persuading judges to apply rights to reproductive health and human rights to require states' explanations of when abortion is lawful, and governments are increasingly inspired to publicize regulations or guidelines on when abortion will attract neither police nor prosecutors' scrutiny.

  4. Corporal Punishment after Ingraham: Looking to State Law.

    ERIC Educational Resources Information Center

    Lines, Patricia M.

    1978-01-01

    Safeguards provided by existing civil and criminal assault and battery laws provide inadequate protection for students. State laws (as detailed in charts and tables) provide some avenues of relief, but new legislation must be passed to ensure students' rights. (WI)

  5. [Lopes vs. Brazil case: Psychiatry and international human rights law in the real life].

    PubMed

    Sobredo, Laura D

    2016-05-01

    In order to understand and adjust to the legal obligations that rule our professional practice as psychiatrists, it is useful to know the regulatory framework and its internal logic. The analysis of the case "Ximenes Lopes vs Brazil" (2006), from the Inter-American Court of Human Rights, intends to be, within this work, a contribution to understand those norms. The Inter-American Court of Human Rights conducts litigation that decides on the responsibility of Member States in alleged violations of human rights. Court sentences reflect the way judges interpret norms, solve conflicts between citizens and States, order reparations and control compliance with international obligations of States. "Ximenes Lopes vs Brazil" is the first judgement by the Inter-American Court of Human Rights against the State of Brazil and is also the first one that addresses the issue of mental disability. In that judgement the Inter-American System sanctions a democratic State, emphasizing the effective access to Justice among historically and structurally discriminated groups, in this particular case people with mental disability.

  6. 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.

  7. 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

  8. Criminal DNA databank statutes and medical research.

    PubMed

    Bressler, Davina Dana

    2002-01-01

    Every state and the federal government collects DNA from convicted individuals for certain crimes. Furthermore, most states participate in the Federal Bureau of Investigation's Combined DNA Identification System, which allows states to share criminal DNA records for solving crimes. Some commentators claim that the statues that authorize this practice also would allow the government to use criminal DNA samples or records in medical or behavioral research. A careful reading of the statutes reveals that these assertions are either wrong or exaggerated. Only one state allows for medical research with records, and no state allows medical or behavioral research with DNA samples. This note explains that the DNA samples, not the DNA records, are needed in order to conduct medical or behavioral research. Moreover, this note shows that the statutory phrases "law enforcement purposes," "other humanitarian purposes," and "research" into quality control or protocol probably do not authorize medical or behavioral research.

  9. 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…

  10. 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…

  11. Oklahomans and the Law: A Resource Book for Teachers.

    ERIC Educational Resources Information Center

    Oklahoma Univ., Norman. Southwest Center for Human Relations Studies.

    This background material on laws and the legal system is designed for teachers of citizenship courses at the secondary level. Fifteen topics in the form of questions and answers are discussed by practicing lawyers. Topics include consumer law, criminal law, drugs and alcohol, employment law, juvenile and family courts, landlord and tenant law, and…

  12. International and United States documents on oceans law and policy. Volume 2

    SciTech Connect

    Moore, J.N.

    1986-01-01

    Volume 2 of the five-volume series continues the major international documents of Volume 1 relating to ocean issues. It groups the documents under three major headings: Cooperative agreements for port regulation and development, Living resources, and Environmental protection. The Living resources section is further divided into Coastal fisheries, Anadromous species, Highly migratory species, and Marine Mammals. Subdivisions under the Environmental protection section are General principles, Regional protection, Vessel-source pollution, Ocean dumping, Land-based pollution, Civil liability and compensation, and Endangered species. The title page for each document includes full citations, although some documents have been edited. A separate abstract was prepared for each of the seven sections under Environmental protection.

  13. 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.

  14. Intercepting free falling objects: better use Occam's razor than internalize Newton's law.

    PubMed

    Baurès, Robin; Benguigui, Nicolas; Amorim, Michel-Ange; Siegler, Isabelle Anne

    2007-10-01

    Several studies have recently provided empirical data supporting the view that gravity has been embodied in a quantitative internal model of gravity thereby permitting access to exact time-to-contact (TTC) when intercepting a free falling object. In this review, we discuss theoretical and methodological concerns with the experiments that supposedly support the assumption of a predictive and accurate model of gravity. Having done so, we then propose that only a "qualitative implicit physics knowledge" of the effects of gravity is used as an approximate pre-information that influences timing of interceptive actions in the specific case of free falling objects. Clear evidence remains to be provided to define how this knowledge is combined with optical information for on-line timing of interceptive actions.

  15. Criminal Psychological Profiling

    DTIC Science & Technology

    1993-10-18

    Conan Doyle in the late 1800s,1 Sherlock Holmes solved his cases by attention to detail, utilization of a wide range of knowledge, and a keen...definition, they all specialized in trying to understand the criminal mind. Heading Mr. Porter’s list is the famous Sherlock Holmes. Created by Sir Arthur

  16. Managing Criminal Investigations.

    ERIC Educational Resources Information Center

    Bloch, Peter B.; Weidman, Donald R.

    The report discusses many ways for police managers to improve the success of their departments' criminal investigation efforts. Management issues addressed include budgeting and allocating resources; improving relationships with the prosecutor; interacting with the public, especially victims and witnesses; improving relationships between…

  17. 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.

  18. Law Education in the Nation's Schools.

    ERIC Educational Resources Information Center

    Pleasants, Susan

    1979-01-01

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

  19. 31 CFR 561.312 - Act of international terrorism.

    Code of Federal Regulations, 2013 CFR

    2013-07-01

    ... violent or dangerous to human life and that is a violation of the criminal laws of the United States or of any state or that would be a criminal violation if committed within the jurisdiction of the...

  20. 31 CFR 561.312 - Act of international terrorism.

    Code of Federal Regulations, 2014 CFR

    2014-07-01

    ... violent or dangerous to human life and that is a violation of the criminal laws of the United States or of any state or that would be a criminal violation if committed within the jurisdiction of the...

  1. 31 CFR 561.312 - Act of international terrorism.

    Code of Federal Regulations, 2012 CFR

    2012-07-01

    ... violent or dangerous to human life and that is a violation of the criminal laws of the United States or of any state or that would be a criminal violation if committed within the jurisdiction of the...

  2. "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

  3. 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

  4. 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.

  5. 18 CFR 430.31 - Sanctions: Civil and criminal.

    Code of Federal Regulations, 2012 CFR

    2012-04-01

    ... 18 Conservation of Power and Water Resources 2 2012-04-01 2012-04-01 false Sanctions: Civil and criminal. 430.31 Section 430.31 Conservation of Power and Water Resources DELAWARE RIVER BASIN COMMISSION... the Commission may, in his discretion, request the appropriate law enforcement officers of...

  6. 18 CFR 430.31 - Sanctions: Civil and criminal.

    Code of Federal Regulations, 2014 CFR

    2014-04-01

    ... 18 Conservation of Power and Water Resources 2 2014-04-01 2014-04-01 false Sanctions: Civil and criminal. 430.31 Section 430.31 Conservation of Power and Water Resources DELAWARE RIVER BASIN COMMISSION... the Commission may, in his discretion, request the appropriate law enforcement officers of...

  7. 18 CFR 430.31 - Sanctions: Civil and criminal.

    Code of Federal Regulations, 2013 CFR

    2013-04-01

    ... 18 Conservation of Power and Water Resources 2 2013-04-01 2012-04-01 true Sanctions: Civil and criminal. 430.31 Section 430.31 Conservation of Power and Water Resources DELAWARE RIVER BASIN COMMISSION... the Commission may, in his discretion, request the appropriate law enforcement officers of...

  8. 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...

  9. 18 CFR 1312.4 - Prohibited acts and criminal penalties.

    Code of Federal Regulations, 2012 CFR

    2012-04-01

    ... 18 Conservation of Power and Water Resources 2 2012-04-01 2012-04-01 false 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...

  10. 8 CFR 287.2 - Disposition of criminal cases.

    Code of Federal Regulations, 2013 CFR

    2013-01-01

    ... Section 287.2 Aliens and Nationality DEPARTMENT OF HOMELAND SECURITY IMMIGRATION REGULATIONS FIELD... criminal provision of the immigration and nationality laws administered or enforced by the Department, he... investigation prejudice the right of an arrested person to be taken without unnecessary delay before a...

  11. 8 CFR 287.2 - Disposition of criminal cases.

    Code of Federal Regulations, 2011 CFR

    2011-01-01

    ... Section 287.2 Aliens and Nationality DEPARTMENT OF HOMELAND SECURITY IMMIGRATION REGULATIONS FIELD... criminal provision of the immigration and nationality laws administered or enforced by the Department, he... investigation prejudice the right of an arrested person to be taken without unnecessary delay before a...

  12. 8 CFR 287.2 - Disposition of criminal cases.

    Code of Federal Regulations, 2012 CFR

    2012-01-01

    ... Section 287.2 Aliens and Nationality DEPARTMENT OF HOMELAND SECURITY IMMIGRATION REGULATIONS FIELD... criminal provision of the immigration and nationality laws administered or enforced by the Department, he... investigation prejudice the right of an arrested person to be taken without unnecessary delay before a...

  13. 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.

  14. 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

  15. 36 CFR 902.57 - Investigatory files compiled for law enforcement purposes.

    Code of Federal Regulations, 2014 CFR

    2014-07-01

    ... and in the case of a record compiled by a criminal law enforcement authority in the courts of a... not only of criminal statutes but all kinds of laws. ... for law enforcement purposes. 902.57 Section 902.57 Parks, Forests, and Public Property...

  16. 36 CFR 902.57 - Investigatory files compiled for law enforcement purposes.

    Code of Federal Regulations, 2012 CFR

    2012-07-01

    ... and in the case of a record compiled by a criminal law enforcement authority in the courts of a... not only of criminal statutes but all kinds of laws. ... for law enforcement purposes. 902.57 Section 902.57 Parks, Forests, and Public Property...

  17. 36 CFR 902.57 - Investigatory files compiled for law enforcement purposes.

    Code of Federal Regulations, 2010 CFR

    2010-07-01

    ... and in the case of a record compiled by a criminal law enforcement authority in the courts of a... not only of criminal statutes but all kinds of laws. ... for law enforcement purposes. 902.57 Section 902.57 Parks, Forests, and Public Property...

  18. 36 CFR 902.57 - Investigatory files compiled for law enforcement purposes.

    Code of Federal Regulations, 2013 CFR

    2013-07-01

    ... and in the case of a record compiled by a criminal law enforcement authority in the courts of a... not only of criminal statutes but all kinds of laws. ... for law enforcement purposes. 902.57 Section 902.57 Parks, Forests, and Public Property...

  19. 36 CFR 902.57 - Investigatory files compiled for law enforcement purposes.

    Code of Federal Regulations, 2011 CFR

    2011-07-01

    ... and in the case of a record compiled by a criminal law enforcement authority in the courts of a... not only of criminal statutes but all kinds of laws. ... for law enforcement purposes. 902.57 Section 902.57 Parks, Forests, and Public Property...

  20. 25 CFR 11.410 - Criminal mischief.

    Code of Federal Regulations, 2010 CFR

    2010-04-01

    ... 25 Indians 1 2010-04-01 2010-04-01 false Criminal mischief. 11.410 Section 11.410 Indians BUREAU... ORDER CODE Criminal Offenses § 11.410 Criminal mischief. (a) A person is guilty of criminal mischief if... another to suffer pecuniary loss by deception or threat. (b) Criminal mischief is a misdemeanor if...

  1. Preventing Criminal Recidivism Through Mental Health and Criminal Justice Collaboration.

    PubMed

    Lamberti, J Steven

    2016-11-01

    Criminal justice system involvement is common among persons with serious mental illness in community treatment settings. Various intervention strategies are used to prevent criminal recidivism among justice-involved individuals, including mental health courts, specialty probation, and conditional release programs. Despite differences in these approaches, most involve the use of legal leverage to promote treatment adherence. Evidence supporting the effectiveness of leverage-based interventions at preventing criminal recidivism is mixed, however, with some studies suggesting that involving criminal justice authorities in mental health treatment can increase recidivism rates. The effectiveness of interventions that utilize legal leverage is likely to depend on several factors, including the ability of mental health and criminal justice staff to work together. Collaboration is widely acknowledged as essential in managing justice-involved individuals, yet fundamental differences in goals, values, and methods exist between mental health and criminal justice professionals. This article presents a six-step conceptual framework for optimal mental health-criminal justice collaboration to prevent criminal recidivism among individuals with serious mental illness who are under criminal justice supervision in the community. Combining best practices from each field, the stepwise process includes engagement, assessment, planning and treatment, monitoring, problem solving, and transition. Rationale and opportunities for collaboration at each step are discussed.

  2. 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.

  3. [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.

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

    PubMed

    White, Ben; Willmott, Lindy; Allen, John

    2010-05-01

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

  5. 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.

  6. Growth and containment of a hierarchical criminal network.

    PubMed

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

    2016-02-01

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

  7. 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).

  8. [Grading the level of suspicion in criminal proceedings, restrictions of the proportionality principle and veto options in forensic autopsies].

    PubMed

    Czerner, Frank

    2010-01-01

    The article deals with two topics: determination of the necessary level of suspicion for an internal post-mortem examination pursuant to Section 87 (German) Code of Criminal Procedure and options of the family to object to the forensic autopsy. The level of suspicion required in this case is to be regarded as very low, even below that of the initial suspicion, because a detailed opinion as to any third-party fault can only be given after completion of the autopsy. The individual concerned does not have a right to oppose a forensic autopsy while still alive. The same applies to the family. Other than in clinical autopsies, the interest in prosecution is to be considered the higher good to be protected, because at the time of deciding a homicide cannot be ruled out and only an internal examination can furnish the necessary evidence. Consequently, it is appropriate. Contrary to the opinion often expressed in the literature, one cannot infer from the provisions of Sections 87 subs. 4, 33 subs. 3 Code of Criminal Procedure and Section 103 subs. 3 Basic Law that the family of the deceased has a right to be informed or heard. This can only be changed by the legislator in an amendment to the autopsy law.

  9. 28 CFR 20.24 - State laws on privacy and security.

    Code of Federal Regulations, 2010 CFR

    2010-07-01

    ... 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,...

  10. 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,...

  11. 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,...

  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, 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,...

  14. Predicting Adult Offenders' Criminal Trajectories from Their Juvenile Criminal Trajectories.

    ERIC Educational Resources Information Center

    Day, David M.; Bevc, Irene; Rosenthal, Jeffrey S.; Duchesne, Thierry; Rossman, Lianne; Theodor, Frances

    This study examined the relationship between adolescent (10-17 years) criminal offending and adult (18-33 years) offending. The sample comprised 378 Canadian male offenders whose criminal trajectory was tracked for an average of 12.1 years, from adolescence into adulthood. Their man age at the time of the most recent follow-up was 27.5 years. The…

  15. 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

  16. 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

  17. Changes to criminal records checks used to safeguard vulnerable patients.

    PubMed

    Griffith, Richard; Tengnah, Cassam

    2012-07-01

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

  18. Defendants' Rights in Criminal Trials.

    ERIC Educational Resources Information Center

    Martin, Ralph C., II; Keeley, Elizabeth

    1997-01-01

    Reviews the protections afforded by the Constitution for defendants in criminal trials. These include the right to a jury trial (in cases of possible incarceration), an impartial jury, and the requirement of a unanimous verdict. Defends the use of plea bargaining as essential to an efficient criminal justice system. (MJP)

  19. An Assessment for Criminal Thinking

    ERIC Educational Resources Information Center

    Knight, Kevin; Garner, Bryan R.; Simpson, D. Dwayne; Morey, Janis T.; Flynn, Patrick M.

    2006-01-01

    Risk assessments generally rely on actuarial measures of criminal history. However, these static measures do not address changes in risk as a result of intervention. To this end, this study examines the basic psychometric properties of the TCU Criminal Thinking Scales (TCU CTS), a brief (self-rating) instrument developed to assess cognitive…

  20. Occupational safety and health law handbook

    SciTech Connect

    Sarvadi, D.G.; Keller; Heckman

    1999-09-01

    This book reviews the regulations and standards governing the protection of employees in the workplace and provides insight into dealing with pertinent regulations and regulatory authorities. Written for safety professionals, industrial hygienists, human resource professionals, attorneys, and students, this companion to Government Institutes' best-selling ``Environmental Law Handbook'' offers the legal fundamentals behind occupational safety and health laws in one concise and authoritative volume. In 19 chapters, the authoring law firm of Keller and Heckman cover the OSHAct and its development; OSHA, NIOSH, and OSHRC; the roles played by other regulatory agencies; the OSHA rulemaking process; OSHA Standards and the General Duty Clause; record keeping and reporting; employers' and employees' rights; inspections; violations, penalties, and how to contest them; criminal prosecutions; state plans; industry-specific issues; OSHA reform; and international regulations and standards. This book references approximately 400 seminal OSHA legal decisions from the approximately 1,300 cases on record and includes coverage of Canadian and European Community regulations, making it the first comprehensive global overview of occupational safety and health law.

  1. 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.

  2. Criminal Alien Removal Act of 2010

    THOMAS, 111th Congress

    Rep. Rooney, Thomas J. [R-FL-16

    2010-07-30

    09/20/2010 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:

  3. 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.

  4. World Law.

    ERIC Educational Resources Information Center

    Marvin, David

    This consultant paper is intended to provide information useful to a goal of this curriculum development project in the war/peace field, that is to encourage students to search intelligently for alternatives to war. The most fundamental assumptions used in thinking about international law are described, including some assumptions about systemic…

  5. 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.

  6. 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.

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

    PubMed

    Udelsmann, Artur

    2002-01-01

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

  8. Forensic age diagnostics of living individuals in criminal proceedings.

    PubMed

    Schmeling, A; Olze, A; Reisinger, W; Rösing, F W; Geserick, G

    2003-01-01

    Age estimations of living individuals are increasingly important in criminal matters. If doubts arise regarding the age of a person suspected of a criminal offense, forensic age estimation is prompted by the need to ascertain whether the person concerned has reached the age of criminal responsibility and whether general criminal law in force for older juveniles or adults is to be applied. According to the recommendations of the Arbeitsgemeinschaft für Forensische Altersdiagnostik (study group for forensic age diagnostics), age estimates in criminal proceedings should be based on the general physical examination, the X-ray examination of the hand and the odontological examination by a dentist, including dental status and orthopantomogram. In order to improve diagnostic reliability, these methods should always be used in combination, ensuring that each part is performed by forensically trained and experienced experts of the relevant disciplines. In order to demonstrate that the proband has reached the age of 21, an additional X-ray examination or CT scan of the clavicles is recommended. Future research projects should assess the variation for a combination of the above methods, quantify the impact of socio-economic status and ethnicity on the examined development systems and review the suitability of non-ionizing imaging methods of age estimation.

  9. 78 FR 65933 - Restrictions on Legal Assistance With Respect to Criminal Proceedings

    Federal Register 2010, 2011, 2012, 2013, 2014

    2013-11-04

    ... multiple charges. Public Law 111-211, Tit. II, Subtitle C, Sec. 234(a), 124 Stat. 2280 (Jul. 29, 2010...-211, Tit. II, Subtitle C, Sec. 234(c)(2), 124 Stat. 2280. Of most relevance for LSC funding recipients... representation in all criminal proceedings before tribal courts. Public Law 111-211, Tit. II, Subtitle C,...

  10. 5 CFR 551.216 - Law enforcement activities and 7(k) coverage for FLSA pay and exemption determinations.

    Code of Federal Regulations, 2010 CFR

    2010-01-01

    ... alleged or suspected violations of criminal laws, including the arrest of suspected or wanted persons... performed for the purpose of detecting and apprehending persons suspected of violating criminal laws; (3... 5 Administrative Personnel 1 2010-01-01 2010-01-01 false Law enforcement activities and...

  11. 5 CFR 551.216 - Law enforcement activities and 7(k) coverage for FLSA pay and exemption determinations.

    Code of Federal Regulations, 2012 CFR

    2012-01-01

    ... alleged or suspected violations of criminal laws, including the arrest of suspected or wanted persons... performed for the purpose of detecting and apprehending persons suspected of violating criminal laws; (3... 5 Administrative Personnel 1 2012-01-01 2012-01-01 false Law enforcement activities and...

  12. 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…

  13. 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…

  14. 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

    ...@state.gov , 202-776-8420) and provide your full name, address, date of birth, citizenship, driver's...; Public Law 107-56 (USA PATRIOT Act); and Executive Order 13356. The purpose of the collection is...

  15. 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.

  16. 9 CFR 381.218 - Criminal offenses.

    Code of Federal Regulations, 2010 CFR

    2010-01-01

    ... 9 Animals and Animal Products 2 2010-01-01 2010-01-01 false Criminal offenses. 381.218 Section 381... CERTIFICATION POULTRY PRODUCTS INSPECTION REGULATIONS Detention; Seizure and Condemnation; Criminal Offenses § 381.218 Criminal offenses. The Act contains criminal provisions with respect to numerous...

  17. 9 CFR 329.9 - Criminal offenses.

    Code of Federal Regulations, 2010 CFR

    2010-01-01

    ... 9 Animals and Animal Products 2 2010-01-01 2010-01-01 false Criminal offenses. 329.9 Section 329.9... CERTIFICATION DETENTION; SEIZURE AND CONDEMNATION; CRIMINAL OFFENSES § 329.9 Criminal offenses. The Act contains criminal provisions with respect to numerous offenses specified in the Act, including but not limited...

  18. "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.

  19. Mental illness and criminal violence.

    PubMed

    Tehrani, J A; Brennan, P A; Hodgins, S; Mednick, S A

    1998-12-01

    This article examines the relationship between criminal violence and mental illness. Our data suggest that mentally ill persons tend to have an increased risk for committing violent offenses, and that the violent offending by these individuals tends to be recidivistic. Our findings suggest that parents who have both committed violent offenses and experienced a psychiatric hospitalization increase the risk of violent offending among their offspring. We propose the hypothesis that mentally ill parents transmit a biological characteristic which may genetically predispose their child towards criminal violence. Prenatal disturbances during critical periods of fetal development may provide clues regarding the etiology of criminal violence.

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

    PubMed

    Petrucci, Carrie J

    2002-01-01

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

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

    SciTech Connect

    Shrader-Frechette, K.

    1986-06-01

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

  2. 22 CFR 120.27 - U.S. criminal statutes.

    Code of Federal Regulations, 2013 CFR

    2013-04-01

    ... 22 Foreign Relations 1 2013-04-01 2013-04-01 false U.S. criminal statutes. 120.27 Section 120.27 Foreign Relations DEPARTMENT OF STATE INTERNATIONAL TRAFFIC IN ARMS REGULATIONS PURPOSE AND DEFINITIONS... means: (1) Section 38 of the Arms Export Control Act (22 U.S.C. 2778); (2) Section 11 of the...

  3. 22 CFR 120.27 - U.S. criminal statutes.

    Code of Federal Regulations, 2012 CFR

    2012-04-01

    ... 22 Foreign Relations 1 2012-04-01 2012-04-01 false U.S. criminal statutes. 120.27 Section 120.27 Foreign Relations DEPARTMENT OF STATE INTERNATIONAL TRAFFIC IN ARMS REGULATIONS PURPOSE AND DEFINITIONS... means: (1) Section 38 of the Arms Export Control Act (22 U.S.C. 2778); (2) Section 11 of the...

  4. 76 FR 44757 - Blocking Property of Transnational Criminal Organizations

    Federal Register 2010, 2011, 2012, 2013, 2014

    2011-07-27

    ... Order 13581 of July 24, 2011 Blocking Property of Transnational Criminal Organizations By the authority... organizations, such as those listed in the Annex to this order, have reached such scope and gravity that they threaten the stability of international political and economic systems. Such organizations are...

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

    ERIC Educational Resources Information Center

    Mock, William B. T.

    2001-01-01

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

  6. 21 CFR 20.64 - Records or information compiled for law enforcement purposes.

    Code of Federal Regulations, 2010 CFR

    2010-04-01

    ... any other criminal law enforcement authority in the course of a criminal investigation or by an agency conducting a lawful national security intelligence investigation; (5) Would disclose techniques and.... The Commissioner will exercise his discretion to disclose records relating to possible...

  7. 21 CFR 20.64 - Records or information compiled for law enforcement purposes.

    Code of Federal Regulations, 2011 CFR

    2011-04-01

    ... any other criminal law enforcement authority in the course of a criminal investigation or by an agency conducting a lawful national security intelligence investigation; (5) Would disclose techniques and.... The Commissioner will exercise his discretion to disclose records relating to possible...

  8. Alcohol and the law.

    PubMed

    Karasov, Ariela O; Ostacher, Michael J

    2014-01-01

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

  9. The study of the wedge-shaped vibration-driven robot motion in a viscous fluid forced by different oscillation laws of the internal mass

    NASA Astrophysics Data System (ADS)

    Nuriev, A. N.; Zakharova, O. S.; Zaitseva, O. N.; Yunusova, A. I.

    2016-11-01

    A rectilinear motion of a two-mass system in a viscous incompressible fluid is considered. The system consists of a shell having the form of an equilateral triangular cylinder and a movable internal mass. The motion of the system as a whole is forced by longitudinal oscillations of the internal mass relative to the shell. This mechanical system simulates a vibration-driven robot, i.e. a mobile device capable to move in a resistive medium without external moving parts. Investigation of the system is carried out by a direct numerical simulation. A comparative analysis of the characteristics of the motion and flow regimes around the vibration-driven robot is carried out for different internal mass oscillation laws.

  10. Criminal Acts Against Civil Aviation

    DTIC Science & Technology

    1991-01-01

    28 Soviet Union ...34 Feature Articles Civil Aviation in the Soviet Union ................................................................. 39 Attacks on Airline...relief transport aircraft or hijackings; none were related to the Gulf war. Likewise, in Asia, there were few criminal acts against civil aviation

  11. 12 CFR 557.13 - What State laws affecting deposits are not preempted?

    Code of Federal Regulations, 2011 CFR

    2011-01-01

    ... purposes of § 557.11: (1) Contract and commercial law; (2) Tort law; and (3) Criminal law. (b) The OTS will... 12 Banks and Banking 5 2011-01-01 2011-01-01 false What State laws affecting deposits are not... DEPOSITS Deposit Activities of Federal Savings Associations § 557.13 What State laws affecting deposits...

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

    Code of Federal Regulations, 2013 CFR

    2013-01-01

    ... purposes of § 557.11: (1) Contract and commercial law; (2) Tort law; and (3) Criminal law. (b) The OTS will... 12 Banks and Banking 6 2013-01-01 2012-01-01 true What State laws affecting deposits are not... DEPOSITS Deposit Activities of Federal Savings Associations § 557.13 What State laws affecting deposits...

  13. 12 CFR 557.13 - What State laws affecting deposits are not preempted?

    Code of Federal Regulations, 2012 CFR

    2012-01-01

    ... purposes of § 557.11: (1) Contract and commercial law; (2) Tort law; and (3) Criminal law. (b) The OTS will... 12 Banks and Banking 6 2012-01-01 2012-01-01 false What State laws affecting deposits are not... DEPOSITS Deposit Activities of Federal Savings Associations § 557.13 What State laws affecting deposits...

  14. 12 CFR 557.13 - What State laws affecting deposits are not preempted?

    Code of Federal Regulations, 2014 CFR

    2014-01-01

    ... purposes of § 557.11: (1) Contract and commercial law; (2) Tort law; and (3) Criminal law. (b) The OTS will... 12 Banks and Banking 6 2014-01-01 2012-01-01 true What State laws affecting deposits are not... DEPOSITS Deposit Activities of Federal Savings Associations § 557.13 What State laws affecting deposits...

  15. 12 CFR 557.13 - What State laws affecting deposits are not preempted?

    Code of Federal Regulations, 2010 CFR

    2010-01-01

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

  16. Racial Disparities in Early Criminal Justice Involvement

    PubMed Central

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

    2010-01-01

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

  17. Public Law 280: Behind the Trail of Termination

    ERIC Educational Resources Information Center

    Education Journal of the Institute for the Development of Indian Law, 1974

    1974-01-01

    Public Law 280, enacted in 1953, dealt with termination but resulted in challenges to tribal jurisdiction. Practically no legislation has been enacted since then which would help with the question of jurisdiction in civil and criminal areas. (AH)

  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. 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…

  20. 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

  1. 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…

  2. 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

    ... Law (UNCITRAL). The public meeting will take place on Wednesday, September 4, 2013 from 9:30 a.m..., UNCITRAL adopted a set of Rules on Transparency in Treaty-based Investor-State Arbitration at its 46th Session in July 2013. UNCITRAL has decided to develop a convention that would provide an...

  3. 20 CFR 401.155 - Law enforcement purposes.

    Code of Federal Regulations, 2010 CFR

    2010-04-01

    ... for criminal law enforcement purposes where a violent crime such as murder or kidnapping has been... 20 Employees' Benefits 2 2010-04-01 2010-04-01 false Law enforcement purposes. 401.155 Section 401... INFORMATION Disclosure of Official Records and Information § 401.155 Law enforcement purposes. (a)...

  4. 20 CFR 401.155 - Law enforcement purposes.

    Code of Federal Regulations, 2012 CFR

    2012-04-01

    ... for criminal law enforcement purposes where a violent crime such as murder or kidnapping has been... 20 Employees' Benefits 2 2012-04-01 2012-04-01 false Law enforcement purposes. 401.155 Section 401... INFORMATION Disclosure of Official Records and Information § 401.155 Law enforcement purposes. (a)...

  5. 20 CFR 401.155 - Law enforcement purposes.

    Code of Federal Regulations, 2013 CFR

    2013-04-01

    ... for criminal law enforcement purposes where a violent crime such as murder or kidnapping has been... 20 Employees' Benefits 2 2013-04-01 2013-04-01 false Law enforcement purposes. 401.155 Section 401... INFORMATION Disclosure of Official Records and Information § 401.155 Law enforcement purposes. (a)...

  6. 20 CFR 401.155 - Law enforcement purposes.

    Code of Federal Regulations, 2014 CFR

    2014-04-01

    ... for criminal law enforcement purposes where a violent crime such as murder or kidnapping has been... 20 Employees' Benefits 2 2014-04-01 2014-04-01 false Law enforcement purposes. 401.155 Section 401... INFORMATION Disclosure of Official Records and Information § 401.155 Law enforcement purposes. (a)...

  7. 45 CFR 5.68 - Exemption seven: Law enforcement.

    Code of Federal Regulations, 2013 CFR

    2013-10-01

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

  8. 45 CFR 5.68 - Exemption seven: Law enforcement.

    Code of Federal Regulations, 2012 CFR

    2012-10-01

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

  9. 45 CFR 5.68 - Exemption seven: Law enforcement.

    Code of Federal Regulations, 2011 CFR

    2011-10-01

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

  10. 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...

  11. 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...

  12. Sex Bias in Law School Courses: Some Common Issues.

    ERIC Educational Resources Information Center

    Erickson, Nancy S.

    1988-01-01

    A study of sex bias in law school course content found many topics of particular concern to women to be virtually absent from criminal law casebooks, despite growth in legal scholarship and public sensitivity. Casebook authors and law professors are urged to integrate these topics into the curriculum. (MSE)

  13. 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)

  14. 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.

  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. 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.).

  17. The evolution of Mexico City's abortion laws: from public morality to women's autonomy.

    PubMed

    Madrazo, Alejandro

    2009-09-01

    Before 2000, Mexico City's criminal laws prohibited induced abortion to maintain public morality. The Criminal Code considered abortion by accident or in cases of rape not criminal, and criminal but excusable-and therefore not punishable-in certain cases not endangering public morality, such as medical necessity to save the woman's life. In 2000, the Criminal Code was reformed expanding exceptions from criminal liability, particularly in cases of danger to a woman's health or where fetal survival was at risk. In 2004, Mexico City enacted its own law, effectively decriminalizing consensual abortion in cases of rape, fetal malformation, and risk to the woman's health. A 2007 reform further decriminalized all consensual abortion within the first 12 weeks of pregnancy, and required public hospitals to provide abortion and family planning services. In August 2008, the Supreme Court of Mexico ruled Mexico City's 2007 liberalization of abortion law constitutional.

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

    PubMed

    Drabiak-Syed, By Katherine

    2013-12-01

    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.

  19. 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

  20. Scaling behaviour in the number of criminal acts committed by individuals

    NASA Astrophysics Data System (ADS)

    Cook, Will; Ormerod, Paul; Cooper, Ellie

    2004-07-01

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